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July 5, 2010 (Joint)
C q "0 Joint Planning Development & Executive Committee Meeting Agenda PI CKERIN Monday, July 5, 2010 Council Chambers 7:30 pm Chair: Councillor Pickles 6:00 PM SPECIAL IN CAMERA MEETING OF COUNCIL PART A" INFORMATION REPORTS PAGES SUBJECT: Zoning By-law Amendment - A 5/10 1-8 Chieftan Developments Inc. on behalf of Conseil scolaire de district du Centre-Sud-Ouest Part of 2265 Brock Road (Part of Lot 18, Concession 2, Part 3 40R-20062) City of Pickering PART "B" PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development Report PD 21-10 9-46 Pickering Official Plan Review Status Update; and, Request for Proposals for an Environmental and Countryside Conformity Amendment RECOMMENDATION That Report PD 21-10 of the Director, Planning & Development, providing a status .update on the Pickering Official Plan Review Program and advising of the release of Request for Proposal RFP-6-2010 to engage consultants to undertake the Environment and Countryside Conformity Amendment for the Official Plan Review Program, be received for information. Accessible For information related to accessibility requirements please contact PICKER NG Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobe rts(aa-)citvofpickerino.com i C~ a¢~ Joint Planning & Development & Executive Committee Meeting _ Agenda PICKERING Monday, July 5, 2010 Council Chambers 7:30 pm Chair: Councillor Pickles 2. Director, Planning & Development Report PD 22-10 47 - 96 Draft Plan of Subdivision SP-2009-15 Zoning By-law Amendment Application A 17/09 Ontario Realty Corporation Part of Lot 18, Concession 3 City of Pickering RECOMMENDATION 1. That Draft Plan of Subdivision SP-2009-15 submitted by Ontario Realty Corporation, to permit a plan of subdivision to create one school block on lands being on Part of Lot 18 Concession 3, be endorsed; 2. That the proposed conditions of draft plan approval of subdivision to implement Draft Plan of Subdivision SP-2009-15 as set out in Appendix I to Report PD 22-10, be endorsed; 3. That Zoning By-law Amendment Application A 17/09 submitted by Ontario Realty Corporation, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2009-15 for one school block, as outlined in Appendix II to Report PD 22-10, be endorsed; and, 4. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 17/09, as set out in Appendix II to Report PD 22-10, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PD 24-10 97 - 108 Proposed Wireless Cell Tower Installation TM Mobile Inc. (Telus) Lease of City lands located on unopened Road Allowance - Sideline 16 (North side of Old Taunton Road, East of Brock Road) Duffin Heights Neighbourhood City of Pickering RECOMMENDATION 1 C--ttq 00 Joint Planning.& Development & OA2a-t Executive Committee Meeting Agenda PI KERING Monday, July 5, 2010 Council Chambers 7:30 pm Chair: Councillor Pickles 1. That Report PD 24-10 of the Director, Planning & Development be received; 2. That the Mayor and the Clerk be authorized to execute a lease agreement with TM Mobile Inc. (Telus) substantially on the terms set out in this Report, and to the satisfaction of the Director, Corporate Services & Treasurer and the Solicitor for the City; 3. That the Director, Planning & Development be authorized to provide Industry Canada with a letter of support for this Cell Tower installation, located on unopened road allowance (Sideline16) on the north side of Old Taunton Road, east of Brock Road, following execution of a lease agreement; and, 4. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. 4. Director, Planning & Development, Report PD 25-10 109-113 Pickering Parkway Realignment, Improvement and Signalization OPB Realty Inc. (Pickering Town Centre) 1340 Pickering Parkway Part of Lot 21 & 22, Concession 1 City of Pickering RECOMMENDATION 1. That Report PD 25-10 of the Director, Planning & Development be received; 2. That Council authorize the appropriate City officials to enter into a development agreement with OPB Realty Inc. satisfactory to the Director, Planning & Development and the Director, Corporate Services and Treasurer respecting the realignment, improvement and signalization of Pickering Parkway from Liverpool Road to the existing entrance on the south side of the Pickering Town Centre lands (in front of the Bay entrance); 3. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. - 1 eitq oo Joint Planning & Development & Aaomt Executive Committee Meeting Agenda PICKERING Monday, July 5, 2010 Council Chambers 7:30 pm Chair: Councillor Pickles PART "C" EXECUTIVE COMMITTEE REPORTS PAGES 1. Chief Administrative Officer's Report, CAO 17-10 114-123 Animal Services Emergency Response Plan RECOMMENDATION 1. That the Animal Services Emergency Response Plan be endorsed by Council. 2. That the Animal Services Emergency Response Plan be incorporated into the City's Community Emergency Management Plan. 2. Director, Corporate Services & Treasurer, Report CS 29-10 124 - 215 Duffin Heights Neighbourhood -Cost Sharing Agreement Stormwater Management Facility #4 RECOMMENDATION 1. That Report CS 29-10 of the Director, Corporate Services & Treasurer be received; 2. That the Mayor and the City Clerk be authorized to enter into the Cost Sharing Agreement (CSA), as may be amended from time to time, with the Duffin Heights Landowners Group respecting the provision of infrastructure in the Duffin Heights Neighbourhood, essentially in the form attached hereto and acceptable to the Chief Administrative Officer, the Director, Corporate Services & Treasurer and the Director, Planning & Development, subject to the following item being addressed to the City's satisfaction; a) specific reference to Section 11.17 (p)(iii) of the City's Official Plan for Duffin Heights within the CSA so that Non-Participating Owners may be entitled to obtain clearance from the Trustee upon payment of their proportionate share of the costs under the CSA. 1 Citq o~ Joint Planning & .Development & 1*1 Executive Committee Meeting Agenda PICKERING Monday, July 5, 2010 Council Chambers 7:30 pm Chair: Councillor Pickles 3. That the Director, Corporate Services & Treasurer be authorized to make any changes to the agreement, as may be amended, or subsequent agreements, to protect the financial interests of the City and to sign any subsequent agreements including amendments; 4. That the Clerk forward a copy of Report CS 29-10 to each member of the Duffin Heights Landowners Group and the Trustee for information; and, 5. That the appropriate officials of the City of Pickering be authorized to take any necessary actions to give effect thereto. (II) OTHER BUSINESS (III) ADJOURNMENT I C`w,~ Information Report Report Number: 09-10 PICKERING For Public Information Meeting of Date: July 5, 2010 01 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment - A 5/10 Chieftan Developments Inc.. on behalf of Conseil scolaire de district du Centre-Sud-Ouest Part of 2265 Brock Road (Part of Lot 18, Concession 2, Part 3 40R-20062) City of Pickering 1.0 Property Location and Description • the subject lands are located on the east side of Brock Road immediately north of the stoplight at Dellbrook Avenue, directly across from Arathorn Court • the proposed school block will have an area of approximately 3.2 hectares (see Location Map - Attachment #1) • the lands are currently vacant except for a temporary new homes sales centre located in the southwest corner of the property • the surrounding land uses are: north - a single detached dwelling and East Duffins Creek and valleylands south - Pineridge Garden Gallery nursery west - on the opposite side of Brock Road are detached dwellings on Arathorn Court parallel to and facing Brock Road and Dellbrook Plaza to the southwest east - East Duffins Creek and valleylands 2.0 Applicant's Proposal • the applicant has requested to amend the zoning by-law to permit a combined elementary and high school for approximately 500 students as well as day care facilities and associated outdoor facilities (see Applicant's Submitted Plan - Attachment #2) • the site will be designed for the potential for expansion to accommodate up to 1000 students • the applicant has only submitted a conceptual site design at this time and it includes a proposed minimum two storey school building to be located relatively central to the site, bus loading, parking and drop off facilities are proposed to the west and north portions of the site, and play areas, sports fields and outdoor ecological study areas are proposed to the south and east of the proposed building • a single driveway access from Brock Road to the site would be located at the north end of the site O 2Information Report No. 09-10 Page 2 3.0 Official Plan and Zoning 3.1 Provincial Growth Plan • Places to Grow (the Provincial Growth Plan for the Greater Golden Horseshoe) requires intensification of land uses within built-up area boundaries of municipalities • the Growth Plan guides infrastructure planning and strategic investment decisions to support and accommodate forecasted population and economic growth • community infrastructure, which includes education facilities, should be planned to meet the needs resulting from population changes and to foster complete communities 3.2 Durham Regional Official Plan • the Regional Plan designates the subject property "Urban System - Regional Corridor and Living Area" • "Regional Corridors" are to be planned and developed as mixed-use areas, including residential, commercial and service areas with higher densities and achieving a mix of commercial, residential, employment and institutional uses • the predominant use of lands designated in "Living Areas" is to be housing but also includes certain public and recreational uses which are compatible with their surroundings • cultural and community facilities, such as schools are permitted in these designation • the proposal appears to comply with the Durham Regional Official Plan 3.3 Pickering Official Plan • the City of Pickering Official Plan designates the subject lands as "Mixed Use Areas - Community Nodes" and "Urban Residential Areas - Medium Density Areas" • permissible uses within the "Urban Residential Areas - Medium Density Areas" designation include, among others, residential uses and community and cultural uses as well as limited office commercial uses • permissible uses within the "Mixed Use Areas - Community Nodes" designation include residential, retail, community, cultural and recreational uses • community uses, such as schools are permitted in "Urban Residential Area - Medium Density Areas" and "Mixed Use Areas - Community Nodes" • the subject lands are within the Brock Ridge Neighbourhood of the Official Plan • the Brock Ridge Neighbourhood indicates a potential new collector road to be located directly opposite Dellbrook Avenue • the feasibility of a road at this location will be investigated as this application is processed • the proposal will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application Information Report No. 09-10 Page 3 03 3.4 Duffins Precinct Development Guidelines • the Compendium Document to the Pickering Official Plan contains development guidelines affecting the subject lands • since Council's adoption of these Guidelines, the overall tableland area for development has been reduced through the most recent Toronto and Region Conservation Authority floodplain mapping exercises and the envisioned land uses in the area of the school block may no longer be appropriate • through the rezoning and site plan approval process the proposal will be reviewed with regard to the underlying principles contained within the Duffins Precinct Development Guidelines 3.5 Zoning By-law 3036 • the subject lands are currently zoned "A" - Rural Agricultural • the existing zoning is intended for agricultural-related activities and facilities • an amendment to the zoning by-law is required to allow the development of the proposed school • the applicant has requested an appropriate zone that would permit the proposed development 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments • none received to date 4.3 City Department Comments • none received to date 4.4 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the location of the proposed soccer field that encroaches into the current environmental buffer and feature will be explored with TRCA • the extent and limit of the buffer lands associated with the environmental features • a detailed site review to concluded that the subject lands would be appropriate for development as proposed within this portion of the comprehensively planned Duffins Precinct Information Report No. 09-10 Page 4 04 • the servicing of the site including the proposed stormwater management strategy for the site • the City will require confirmation from the Region that appropriate ingress and egress for the proposed school will be available on Brock Road • determination that the school use is compatible, viable and sensitive to existing surrounding development, noise, level of activity, scale and intensity of the uses, and provides appropriate buffering and protection of the East Duffins Creek and valleyland, while not negatively impacting on abutting properties, or traffic conditions • the identification of potential site plan/design concerns including the layout, fire access, parking volumes and areas, ingress/egress, pedestrian accessibility, traffic generation and patterns, amenity spaces, and landscaped areas and features • consideration of resident and neighbouring owner concerns • evaluation of the application in terms of its level of sustainable development components 5.0 Procedural Information • written comments regarding this proposal should be directed to the Planning & Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wish to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wish to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 6.0 Other Information 6.1 Appendix No. I • list of neighbourhood residents, community associations, agencies and City Departments that have comments on the applications at the time of writing report 6.2 Information Received • copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: Information Report No. 09-10 Page 5 05 • Planning Rationale Report prepared by Sorensen Gravely Lowes, dated May 2010 • Report on Sustainable Development prepared by Sorensen Gravely Lowes • Phase I Environmental Site Assessment (ESA) prepared by Trow Associates Inc., dated April 29, 2010 • Scoped Environmental Impact Study prepared by Beacon Environmental, dated May 2010 • Stage 1 - 2 Archaeological Assessment Archeoworks Inc., dated -November 2009 • Preliminary Diagrammatic Site Plan prepared by Conseil scolaire de district du Centre-Sud-Ouest, dated April 29, 2010 6.3 Company Principal • the owners of the property Chieftan Developments Inc. have entered into an Agreement of Purchase and Sale with Conseil Scolaire de District due Centre-Sud-Ouest • David Brand is the principal of Cheiftan Developments Inc. • Catherine Gravely of Sorenson Gravely Lowes Planning Associates Inc. is the authorized agent for Conseil Scolaire de District due Centre-Sud-Ouest Isa y4mes, MCIP, RPP Ross Pym, MCIP, RPP Planner II (Acting) Manager, Development Review Uld Attachments Copy: Director, Planning & Development 0 6 Appendix No. I to Information Report No. 09-10 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) none received to date Commenting City Departments (1) none received to date ATTAT#_L._.TO INFORMATION REPORT#-Q - 07 ROAD T. WIL FRED'S SEPARATE Z > SCHOOL I- W o ~ w F-- U 4 CROSS 0 m ~ OUTHCOrr ~Y U o PARK v rl,: O O Q 0 w O BAGGINS Ln CENTENNIAL 0 M } PARK m LYNM R~qO w CRT qV ~ F,I,~F O SUBJECT F- ME~N`PN dr D 0 U ~ O D r mi U U r o TAWNB; o SUBJECT TO a A 005/10 ST. Q U AVENUE 0 ~ Y I U O O U w ~ m McBRADY 0 z w o ~ o co w z = w ALF City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part of Lot 18, Con 2, Part 3, 40R-20062 OWNER Chieftan Developments Inc. on Behalf of DATE June 1, 2010 DRAwN BY JB Conseil Sc lalre de District du Centre-Sud-Ouest FILE No. A 005/10 SCALE 1:5000 CHECKED BY IJ N oTerol Enlerpri.ee Ins. and it. euppliare. All right. Rts-ed. Not o pion of survey. PN-13 2005 MPAC end it. .upplien. All rights R- ad. N. o plan o/ Survey. } ATTACHMI N !"ka--ro INFORMATION REPORT# 08 Information Compiled from Applicants Submitted Plan - Chieftan Developments Inc. on Behalf of Conseil scolaire de district du Centre-Sud-Quest A 005/10 i r 1 LOa - I mIn. +/-9m min. G I m a~ min. 40m min. 50m . N w' I I STUDENT U E NATURALI ECOL GICAL UQ V - - SOCCER FIELD I 5TAFF/5TUDENT PARING E a xu a4 ' Q z rn c it E z ~ z cc$ E O p b 0 8 m 27 A °'+e' d MINIMUM FOOTPRINT ~ E E U BUS CSDC50 DROP OFF / O ELEMENTARY AND ,"tor P.rknq 5ECONDARY 7 co tiss PICK and ndUP 1. SCHOOL ( ELEMENTARY I PLAY AREA I 3 PPOP05.ED DEVELOPMENT LIMIT (modification of + 1 250 sqm) DAY - E ART P I' I I I ~ I N/ 77fiiS mop was produced by the C/ty of Pickering, Planning & Development Department, Information R Support Services, June 1, 2010 Citq oo Report To _ Planning & Development PICKERING Committee Report Number: PD 21-10 Date: July 5, 2010 09 From: Neil Carroll Director, Planning & Development Subject: Pickering Official Plan Review Status Update; and, Request for Proposals for an Environment and Countryside Conformity Amendment File: D-2000-013 Recommendation: 1. That Report PD 21-10 of the Director, Planning & Development, providing a status update on the Pickering Official Plan Review Program and advising of the release of Request for Proposal RFP-6-2010 to engage consultants to undertake the Environment and Countryside Conformity Amendment for the Official Plan Review Program, be received for information. Executive Summary: In September 2007, Council endorsed a workplan for the review of the City's Official Plan. One of the elements of the workplan was to undertake an Environment and Countryside Conformity Amendment. Among other matters, this amendment would implement the Provincial Greenbelt Plan, new regulations respecting flood protection, the Regional Official Plan changes for environmental, rural and agricultural policies, several watershed strategies, Agricultural Preserve policies in the Central Pickering Development Plan, and the introduction of local food and other policies by Pickering. Request for Proposal RFP-6-2010 was released calling for proposals by consultants to undertake an Environment and Countryside Conformity Amendment as part of the City's . Official Plan Review. The closing date was June 10, 2010. The"submission will be reviewed by an Evaluation Committee consisting of City staff, and evaluated according to the criteria in the Request for Proposal. A recommendation will be made in an Addendum Report directly to Council on July 12, 2010. A copy of RFP-6-2010 is attached (see Attachment #1). The Environment and Countryside Conformity Amendment is a key workplan component of the Official Plan Review Program. With respect to the status of the other components in the workplan, the Bill 51 implementation is half complete, Duffin Heights Neighbourhood planning is complete, Central Pickering planning for Seaton is underway as a separate process and the sustainability amendment will be underway later this year. Completion of the Growth Plan implementation, now underway, will be delayed until the Regional Growth Plan conformity amendment is approved. The wrap-up general Official Plan review amendment will be undertaken in 2011. Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 2 Financial Implications: Although there are no financial implications to receiving this report as information, acceptance of a proposal to undertake the Environment and Countryside Conformity Amendment by Council at the July 12, 2010 meeting will commit the City to pay the costs of the selected proposal. Monies have been budgeted in the 2010 City budget for this purpose. Sustainability Implications: Revision and updating of environment and countryside policies in the official plan will provide the authority to apply much more sustainable natural heritage, environmental and countryside policies throughout the City of Pickering. Background: 1.0 Significant Progress has been made on the Official Plan Review Program since its commencement in 2007 After initiating the Official Plan Review at the Special Council Meeting in May 2007, Council endorsed a final workplan for the Official Plan Review in September 2007 and also asked for further information on a strategy for community engagement, including a First Nations engagement strategy. The Final Workplan included: • a Housekeeping and Provincial General Policy Implementation Amendment (Provincial Policy Statement and Bill 51 Conformity) • a Duffin Heights Neighbourhood Amendment • an Environment and Countryside Policy Amendment • a Central Pickering Implementation Amendment • a Sustainable Neighbourhood Plan Amendment • an Urban Matters Amendment (growth plan, sustainable downtown, Regional population, employment, commercial and transportation policies issues) • a general Official Plan Amendment (to address remaining issues, including any outstanding Council resolutions) In February and April 2008, presentations respecting an engagement strategy including a community advisory committee and a strategy for engagement with First Nations were discussed with the Planning & Development Committee. At the time, staff anticipated that a final community and First Nations engagement strategy for the Official Plan Review would be forwarded for endorsement by Council later in the year. Although significant progress on the Official Plan Review has been made, progress has been somewhat delayed due to the need to. address other pressing matters (including the environmental assessments for the Highway #7 widening, Highway #407 extension and Durham Transit Strategy). In addition, the increasing importance of the Sustainability Vision has led to a need for a different emphasis for parts of the Official Plan Review. Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 3 11 What became evident to staff, as work progressed on the different components, is that each amendment was quite focused (either geographically or in terms of the topic), and with a few exceptions, unrelated to the others. The requirement for mandatory compliance with Provincial laws and plans leaves limited scope for creative and meaningful input from a community advisory committee or First Nations into a number of the Official Plan Review workplan components. For example, the task of rewriting the Pickering Official Plan policy to conform to the Greenbelt Plan is very much a technical function. Thus, upon reflection, staff concluded that establishment of community advisory committee would not be beneficial to moving the Official Plan Review forward. Instead, each workplan component is being undertaken using specific consultation strategies, designed to fit that component. Also, since the original intent to come back with a First Nations consultation strategy, a new opportunity has arisen through work on Seaton. As part of the preparation of the Master Environmental Servicing Plan, the Regional Environmental Assessment for infrastructure and the City's Neighbourhood Planning Review for Seaton, the Ontario Realty Corporation is developing a special protocol for consultation with First Nations. It is anticipated that the same protocol may be used for other work plan components of our Official Plan Review. The current status of the Official Plan Review Program reflects major progress on some of the components of the workplan. Table 1 below summarizes the status of the Final Workplan components of the Official Plan Review. A more detailed description is provided in Appendix I. Table 1 - Status of Workplan Components of the Official Plan Review Original Completed Underway Pending Component Housekeeping & • Bill 51 Complete • Bill 51 Provincial Policy Applications Development Implementation Amendment 17 Control Powers • Housekeeping . Provincial Policy Informational Statement Revisions Implementation and • Housekeeping ---Policy Revision Duffin.Heights Duffin Heights Neighbourhood Amendment 18 Central Pickering • Seaton Development Plan Neighbourhood Planning Review for urban area and Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 4 Original Completed Underway Pending Component Central Pickering • Agricultural Development Plan Preserve (part of (continued) Environment & Countryside Amendment Environment and Request for Countryside Proposals issued Conformity Amendment Sustainable Vision • Sustainable Vision and • Policy Revisions to implement Sustainable Guidelines and Measuring Sustainabilit Growth Plan Growth Strategy Program Other Urban • Transportation Matters and • Commercial Policy Other Components • General Official Plan Review and • Unresolved Issues 2.0 Request for Proposal RFP-6-2010 is seeking consultant proposals to undertake an Environment and Countryside Conformity Amendment 2.1 Environment and Countryside Conformity Amendment The Pickering Official Plan natural heritage, other environment and countryside policies must be updated to reflect current conditions, conform to Provincial and Region of Durham policies, respond to Conservation Authority initiatives and introduce City initiatives. This provides the opportunity for Pickering policies to align with the new and much more sustainable Provincial policies introduced recently. I I Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 5 13 The list of environmental and countryside initiatives includes, among others, new regulations respecting flood protection administered by Conservation Authorities, the Provincial Greenbelt Plan, the Durham Region revisions to its Official Plan for environmental, rural and agricultural policies, several watershed strategies, Agricultural Preserve policies in the Provincial Central Pickering Development Plan and the introduction of local food and other policies by Pickering. The revisions will include both policy and mapping/schedule changes. The Environment and Countryside. Conformity Amendment work will be commenced in the summer 2010 by consultants selected through the RFP-6-2010 process and be completed by mid-year in 2011. Once the amendment is prepared, the formal official plan amendment process will commence. 2.2 Request for Proposal No. RFP-6-2010 On May 18, 2010, the notice for RFP-6-2010 was released to invite consultants to submit proposals to undertake an Environment and Countryside Conformity Amendment for the Pickering Official Plan. Review. The notice was faxed to a list of consultants (see Attachment #2), posted on the City website and advertised in Novae Res Urbis (see Attachment #3). The closing date to submit a proposal was before 2:00 pm (local time) on Thursday, June 10, 2010. The RFP process ensures a fair process to bidders and ensures the City's financial and corporate interests are fulfilled. The RFP also describes the study components and the list of environment and countryside initiatives that have to be analyzed and reflected in policy revisions. During the evaluation process, the consultants may also be asked to demonstrate how they can balance not only environmental values but also economic and social objectives of the City of Pickering. The scope of services to be provided is broken into four components. Component 1 requires: 1) a document review and agency consultation to scope the policy initiatives that require mandatory policy revisions and those which are permissive; and, 2) to obtain the viewpoints of the key agency stakeholders on these matters. A summary report and public consultation will be required. Component 2 includes a detailed evaluation of options to address each of the initiatives for environment/natural heritage and countryside policies, and to include the maps and schedules necessary to implement the policies. The deliverables for component 2 are: a report, a focus group workshop for strategic stakeholders and a public meeting to obtain input from the general public. Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 6 14 Component 3 includes the preparation of a report recommending preliminary policy directions for the initiatives, a focus group workshop for strategic stakeholders and a public meeting for the general public. The findings are to be presented to the Planning & Development Committee for endorsement of the policy directions. Component 4 includes the preparation of a draft official plan amendment (including policies, maps and schedules) and a draft information report to explain the reasoning for the recommended policies. Completion of the four components of the Environment and Countryside Conformity Amendment is expected by late summer of 2011. At that point, staff will initiate the formal process to obtain approval of the amendment. The process requires an open house, a statutory public meeting at Planning & Development Committee, a staff report to Planning & Development Committee to recommend formal adoption of the Environment and Countryside Conformity Amendment to the Pickering Official Plan by City Council and approval by the Region of Durham. Typical timelines for the approval process for an amendment are approximately eight months. The consultants will also be required to attend the open house, statutory public meeting, a Planning & Development Committee meeting and other meetings as assigned. 2.3 An Addendum Report will be prepared for the July 12, 2010 Council Meeting, recommending which proposal should be accepted Since the evaluation process to select the best proposal cannot be completed in time to recommend a consultant for the July 5, 2010 meeting of the Planning & Development Committee, staff are providing the background and purpose of the RFP in Report PD 21-10, and will forward a recommendation respecting selection of the best proposal directly to Council on July 12, 2010. Report PD 21-10 has been reviewed by the Manager, Supply &Services, who concurs with the contents. The Addendum Report will be a joint report from the Director, Planning & Development and the Director, Corporate Services & Treasurer. Appendix Appendix I Detailed Status of the Workplan Components of the Official Plan Review Program Report PD 21-10 July 5, 2010 Subject: Request for Proposal RFP-6-2010 Page 7 15 Attachments: 1. RFP-6-2010 2. List of Consulting Firms 3. Advertisement for RFP-6-2010 Prepared By: Approved/Endorsed By: Steve Gaunt, MCIP, RPP Neil Car IP, R P Principal Planner, Policy Director, anning & Development Catherine Rose, MCIP, PP Manager, Policy SG:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering Counc' 2.Z, Zo(O Tony P evedel, P. Eng. Chief Administrative 0 fficer Appendix I to 1 6 Report Number PD 21-10 Detailed Status of the Workplan Components of the Official Plan Review Program Detailed Status of the Workplan Components of the Official Plan Review Program r~ Housekeeping and Provincial General Policy Implementation Amendment The Housekeeping and Provincial General Policy Implementation Amendment has been split into four parts. The new powers introduced by Bill 51 included : 1) new authority to require complete applications and mandatory pre-submission consultation; and, 2) new development control powers. #1 Amendment 17 to the Pickering Official Plan to require complete applications and mandatory consultation was adopted by Council on April 20, 2009, with no appeals. #2 Initial analysis of the new development control powers introduced by Bill 51 was undertaken in 2009 and 2010 and implementing policies are expected to be brought forward by staff in an amendment (Bill 51 - Part II) to be initiated late in 2010. Housekeeping amendments to official plan policy which have already been developed by staff will be included with the Part II - Bill 51 implementation amendment. #3 Informational Revision 16 updating specific technical information in the Pickering Official Plan was adopted by Council in November 2009. #4 Also upon analysis (in 2009), it has been decided that policies contained in the Provincial Policy Statement, 2005 that relate to Bill 51 topics should be dealt with in the upcoming Bill 51 - Part II amendment, others should be dealt with in the Growth Plan Conformity Amendment and still others in the Environment and Countryside Conformity Amendment (the main subject of Report PD 21-10). Duffin Heights Neighbourhood The Duffin Heights Neighbourhood Amendment 18 incorporated policy revisions to implement the Master Environmental Servicing Plan and was accompanied by revisions to the Duffin Heights Development Guidelines to ensure that Duffin Heights is the most sustainable community in south Pickering. Amendment 18 was adopted by Council in May 2009 and came into force following settlement of a number of appeals to the Ontario Municipal Board in November 2009. Seaton The amendment to the Pickering Official Plan to implement the Provincial Central Pickering Development Plan, initially listed as a workplan deliverable of. the Official Plan Review Program, is being completed in part through the Seaton Neighbourhood Planning Review. The amendment will include Neighbourhood Plan policies for Seaton, provisions for the employment lands, provisions for infrastructure, master environmental servicing policies and natural heritage management plan and master trails plan policies. Due to the complexity of the planning for Seaton, the timing for adoption of this amendment is uncertain at this time. i Page 2 .18 Growth Strategy The urban matters amendment, listed in the 2007 Official Plan Review workplan was to address Provincial Growth Plan conformity, sustainable downtown, Regional population, employment, commercial and transportation policies. However, in order to implement the range.of urban matters addressed in the Provincial Growth Plan and the Region's implementing amendment, Pickering's Growth Strategy Program will now address all urban matters in a process separate from an urban matters amendment, except for commercial and the transportation policies. Although Pickering commenced preparation of its Growth Strategy Program early in 2009, the conformity amendment cannot be finalized until the Regional conformity amendment (ROPA 128) comes into force, which is now anticipated in late in 2010. Sustainability Vision The Pickering Official Plan must be revised to champion the City's commitment to a sustainable City. The fundamental policies of the Official Plan require revision to reflect the objectives to achieve a healthy environment, healthy economy, healthy society responsible development and responsible consumption in Pickering, in addition to revisions to other specific policies. Policies will be revised to endorse or incorporate the Sustainable Neighbourhood Guidelines and the Measuring Sustainability Program in the Official Plan. Implementation of the Sustainability Vision in the Official Plan will provide an opportunity to engage and consult the broader community in a more fundamental philosophical shift in the policies of the Official Plan to fix the primary vision of the Official Plan as achievement of a sustainable future for Pickering. Staff anticipates commencing the Sustainable Vision workplan item late in 2010. Subsequent Workplan Items Once the above-noted workplan elements are completed, the only remaining official plan review workplan items will be the commercial and transportation policies, which will be added to the General Official Plan Review amendment in which all remaining, unresolved policy matters will be completed. This work can proceed once the Sustainability Vision workplan item is completed. ATTACHMENT # TO REPORT # PD Z I -Il> 19 Citq D PICXE REQUEST FOR PROPOSAL RFP-6-2010 Consulting Services for an Environment & Countryside Conformity Amendment Pickering Official Plan Review ATTACHMENT #~TO REPORI # PD Z I D 20 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study INFORMATION TO BIDDERS DELIVERY, CLOSING DATE, TIME AND LOCATION 1. One original and 4 (four) copies of the bidders submission shall be provided by the closing date and time, and each shall be no more than ten letter size pages printed "double-sided". 2. Each submission shall be printed double-sided, corner "stapled" or "clipped". No other form of binding (cerlox, heated plastic spine, vinyl, 3 ring binders or similar) to be used. 3. All submissions will be prepared at no cost to the City and will become the property of the City. 4. Submissions shall be sealed, clearly marked as to content - RFP-6-2010, Consulting Services for an Environment & Countryside Conformity Amendment, Pickering Official Plan Review and shall be delivered only to Supply & Services, 2nd Floor, Pickering Civic Complex, One The Esplanade, Pickering, ON L1 V 6K7, before 2:00pm (local time): Thursday, June 10, 2010 5. The bidder is responsible for delivering the proposal before the closing date and time and assumes the risk of and all means of delivery be it by hand or courier. 6. Submissions must be time stamped at the above location. Submissions, which are time stamped after 2:00 pm local time, will be returned unopened, without exception. The time stamp applied by the time clock located in Supply & Services will be the only recognized time piece used in this process. 7. Submissions received at any other location or after the aforementioned date and time will be rejected. 8. Facsimile or electronic (email) transmissions will not be considered - and will be rejected. i 9. Where an envelope does not bear the Consultant or company name and/or address and it is received late by the City, the City is required to open the envelope or carton only for the purpose of returning the submission. 10. Proposals submitted shall be considered final and may not be altered by subsequent offerings, discussions or commitments unless authorized by the City. 11. Submissions will be opened by a member of Supply & Services as soon as practicable following the closing date and time, which is not a public opening. Only the company names of submissions received by the closing date and time will be made available to enquiries. This is only a list of company names responding to the proposal and is not deemed to indicate compliance with submission requirements. Page 2 ATTACHMENT # TO 2 REPORT # PD Z I-/D No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 12. Proposals shall be irrevocable and valid for acceptance by the City of Pickering for a period of one hundred and twenty (120) days from the proposal closing date. 13. The City, its elected officials, employees and agents will not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any person or business prior or subsequent to, or by reason of the acceptance, or non-acceptance by the City of any submission, or by reason of any delay in the acceptance of any submission. 14. In the receipt of proposals, no obligation is incurred by the City to accept the lowest, highest or any proposal. 15. Should a dispute arise from the terms and conditions outlined herein, regarding meaning, intent or ambiguity, the decision of the City shall be final. ESSENTIAL SUBMISSION REQUIREMENTS 16. The submission of a proposal will be considered presumptive evidence that the bidder has carefully examined the City's requirements, investigated and is fully informed of all conditions which may be encountered and may affect the delivery of the services, quality and volume of work to be performed outlined within the Terms of Reference. 17. Proposal is to include the following essential documentation and be organized and presented in the order outlined below, in an indexed format. Proposals which do not include essential documentation, are incomplete or assembled not in accordance with instructions will adversely affect its evaluation by way of scoring reductions and could include not considering the proposal at all. 18. Qualifications of Personnel Resume(s) for each of the personnel assigned to the project and a description of roles of each.of the personnel in carrying out the scope of services required. Detailed resumes are excluded from page count referred to in Clause 1. 19. Work Program and Schedule Work program and schedule including details of the study process, personnel assigned to each task, milestones, projected dates for Draft and Final deliverables, and timing for meetings with the Project Manager, Steering Committee and other public/agency/ consultation meetings. Page 3 ATTACHMENT # TO 2 2 REPORT # PD 1-11? No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study Consultants are encouraged to suggest and identify modifications and revisions within their proposal to the study approach and task list identified in Item Nos. 58 - 61 that they believe would provide additional value to the project and will lead to the enhancement of the final product. The Project Schedule is exempt from the page count referred to in Clause 1 and is acceptable to be printed on 11 x 17 paper size for clarity. 20. Letters of Recommendation: Provide three letters of recommendation from municipal/government clients which include a description of the work performed and the outcomes. Letters of recommendation are excluded from page count referred to in Clause 1. 21. Fee Schedule: Per diem and hourly fees shall be stated for each personnel assigned to the project. State the time for each personnel assigned, by individual task, within each. work component listed in the Scope of Service, with fees totalled per task and work component. Rates and details of travel (mileage, accommodation) shall be stated for each task and component, as applicable. A Budget Matrix shall be included in the proposal. The Budget Matrix shall contain all itemized costing noted in this Clause and is exempt from the page count referred to in Clause 1 and. is acceptable to be printed on 11 x17 paper size for clarity." Harmonized Sales Tax (HST) will be applicable to the work. 22. Company Experience A description of company experience in undertaking projects having similar complexity, scope and importance, of similar value, and lessons learned from similar completed projects that will be applied to this one. A description of how the company addresses competing environmental, social and economic objectives. 23. Insurance, Health & Safety, Accessibility, Addenda, Conflict of Interest (a) Proof of insurance or letter from Insurance Agent/Broker confirming the bidder can be insured for Commercial General Liability Insurance Coverage, Automobile Liability Insurance Coverage, Property Damage and Professional Liability, each of not less than $2 million ($2,000,000); Page 4 ATTACHMENT # TO REPORT # PD 1 'IO No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Stud 3 (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) Acknowledge City's Health & Safety Regulations and Accessibility Regulations (attached); (d) Statement to acknowledge Addenda received. If no Addenda has been issued by the City and therefore, not received, a statement to that effect shall be included; (e) Statement to confirm that there is no actual or potential conflicts of interest that would preclude involvement on this project, and that we will be notified in the event a specific task creates an actual or potential conflict of interest that may preclude involvement in a particular component of the project; (a) to (e) excluded from the page count referred to in Clause 1. EVALUATION OF SUBMISSIONS 24. Submissions will be evaluated according to the following criteria: Relative Value/100 a. Overall completeness and quality of submission 10 b. Qualifications of personnel, work program 35 and schedule, quality of recommendation letters c. Professional Fees 15 d. Relevant company experience in undertaking projects 35 of similar complexity, scope, importance and value, and lessons learned that can be applied to this project. Demonstrated ability to balance the consideration of environmental objectives with social and economic objectives e. Insurance, health & safety, accessibility, addenda, 5 conflict of interest documentation 25. Submissions will be reviewed by an Evaluation Committee consisting of City staff and evaluated according to the criteria described above. The Evaluation Committee will rank the submissions lowest to highest score to tabulate an average score per submission and develop a short-list of up to two highest scoring proposals for consideration. An interview may be requested of the two consultants by the evaluation committee to tabulate a combined average score (proposal and interview) to recommend the highest scoring consultant for consideration. The Evaluation Committee may recommend the highest scoring submission for consideration without undertaking the interview process. Page 5 ATTACHMENT # TO 2 4 REPORT # PD 2.1-10 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study The score or ranking by the committee for any or all proposals/interview will not be disclosed on enquiry. 26. Unsatisfactory references known to a member of the evaluation committee or unsatisfactory previous work experience will result in the Consultant's proposal not being considered. 27. The City reserves the right to: a) accept a proposal in whole or in part b) expand the number of Consultants for consideration, as recommended by the evaluation committee c) not consider, not accept or reject any or all submissions d) waive omissions, notwithstanding essential items; or e) cancel or amend this call, if in so doing the best interests of the City will be served and no liability shall accrue to the City from such undertakings and all decisions derived therefrom. 28. Professional fees must include all operating, overhead, and incidental costs and the Consultant must be satisfied as to the total requirements of this request for proposal. Pricing is subject to the Harmonized Sales Tax. 29. All invoices will precisely indicate the tasks for which work has been completed as well as the remaining percentage of a task or tasks to be done. 30. Any representation or solicitation to the City, its elected officials, employees or agents with respect to the proponent's submission will disqualify the submission. The City, its elected officials, employees and agents will not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any proponent, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the City of any submission, or by reason of any delay in the acceptance of any submission. 31. Disclosure of information submitted is subject to the Municipal Freedom of Information and Protection of Privacy Act. To prevent the release of information the proponent must state the information is submitted in confidence and indicate the nature of the confidential information and what harm would result from the release. ENQUIRIES 32. All enquiries shall be in writing and submitted by facsimile to 905.420.5313 to the attention of Supply & Services before 2:00 pm local time Thursday, May 27. 2010. Both the questions and answers will be available without stating the source(s) of the enquiry(ies) in an ADDENDUM within approximately 2 days. 33. Any changes to this request for proposal will be issued as an addendum. Page 6 ATTACHMENT # TO REPORT # PQ 2 I -I a No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 34. Addenda are posted on the City of Pickering website at: http://www.cityofpickerinci.com/standard/cityhall/supply/main. html 35. It is the bidder's sole responsibility to check often on the City's website for addenda, in particular before the bid closing date and time. The onus is on the bidder to check the website prior to closing to ensure that they have received all addenda. 36. All addenda must be acknowledged in the proposal as instructed. 37. Most of the items on the Selected List of Relevant Documents (see Appendix A) are available on the web, as indicated on Appendix A. A paper copy of the documents listed as Selected Documents are available for viewing at the Planning & Development Department only by appointment. Contact Mr. Deepak Bhatt at 905.420.4660, ext: 2188 or by Email at dbhattOcityofpickering.com to make an appointment. ENVIRONMENT AND COUNTRYSIDE CONFORMITY AMENDMENT PICKERING OFFICIAL PLAN REVIEW Introduction 38. The City of Pickering is undertaking an Official Plan Review. The Official Plan Review is being undertaken as a series of topic oriented reviews. The City is interested in reviewing environmental and countryside policies at this time and adopting an amendment to the Official Plan. The Environment & Countryside work program is intended to apply to the entirety of the City of Pickering. Although it will affect mainly the rural area, it will also impact natural areas along the waterfront and stream valleys and other parts- of the south urban area of Pickering. In addition, the Amendment will incorporate natural heritage lands within the Central Pickering Development Plan area located west of West Duffins Creek (Agricultural Preserve). The work program will review and update the natural heritage, other environment and countryside policies currently contained in the Pickering Official Plan to reflect current conditions, conform to Provincial and Region of Durham policies, respond to Conservation Authority initiatives and introduce City initiatives. Sustainability is the key principle guiding planning for the City of Pickering and policies that promote a healthy environment and countryside will help mitigate climate change. However, climate change will also be influenced by sustainable development practices for healthy communities. Since the City's vision for sustainability and the practices to regulate urban community development are Page 7 ATTACHMENT #-J-TO 26 REPORT # PD_ \ 2 i -id No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study topics that will be dealt with in other elements of the Official Plan Review workplan, specific policies to address climate change are not a requirement of the environment and countryside policy study. Environment and Countryside Issues and Background 39. The current Pickering Official Plan policies designates an Open Space System comprising five subcategories: Natural Areas, Active Recreational Areas, Marina Areas, Oak Ridges Moraine Natural Linkage Areas and Oak Ridges Moraine Natural Core Areas. The policies set out permitted land uses for,each subcategory in the Land Use Tables of the Plan. The Official Plan also contains a series of maps of the ecological system (such as core areas, corridors and linkages as a natural system) which are not explicitly designated on Schedule I: Land Use. The Pickering Official Plan also includes policies on resource management and risk management, which relate to the natural heritage features designated on Schedule III, and includes policies requiring submission of environmental reports which must demonstrate achievement of specified criteria. Since this policy framework was developed, a number of senior government and other initiatives have come into force that deal with environment and countryside issues that must be reflected in the updated Pickering Official Plan. Pickering policies must either be consistent with, conform to, implement, endorse, recognize or consider the policies contained in each respective initiative. The initiatives include: • Provincial Policy Statement, 2005 • Provincial Greenbelt Plan • Provincial Central Pickering Development Plan (CPDP) • Provincial Clean Waters Act and related water resource guide • Provincial Endangered Species Act & Federal Species at Risk Act • Provincial/Conservation Authorities floodplain mapping/policies and special policy area guides • Durham Region Official Plan Review Amendments #114 (ROPA 114) and #128 (ROPA 128) • Conservation Authorities revised Generic Regulations • Toronto Region Conservation Authority (TRCA) - Terrestrial Natural Heritage Strategy and Woodlands Protection strategy • TRCA watershed studies for Duffins and Carruthers Creeks, Rouge River, Petticoat Creek • Central Lake Ontario Conservation Authority (CLOCA) watershed study for Lynde Creek • City of Pickering Frenchman's Bay Stormwater Master Plan; and, • City of Pickering Urban Forest Study (just commenced). Besides natural heritage systems planning, a number of other Provincial Acts and agency regulations affect environmental planning in the City of Pickering. The Page 8 ATTACHMENT # 1 TO REPORT # PD 2,1-10 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study implications of these Acts and regulations need to be reviewed and changes made 27 to the Official Plan wherever necessary. In addition, any other opportunities to improve the sustainability of Pickering through environmental and countryside policies identified through this review, such as a local food policy, can be introduced. Achievement of Environment and Countryside Conformity Amendment objectives for a healthy and sustainable natural environment and countryside must also be balanced with economic, social and fiscal objectives to achieve a balanced approach to planning the future of the City of Pickering. Environmental Initiatives 40. A number of initiatives must be addressed, including initiatives of the Province of Ontario, the Region of Durham, the respective Conservation Authorities and the City of Pickering. Provincial Initiatives 41. Provincial Policy Statement, 2005 The PPS, 2005 changed the Provincial policies that now must be implemented by this Environment and Countryside Amendment. In particular, the PPS, 2005 includes amended policies for rural areas in municipalities (Section 1.1.4 of the PPS) natural heritage (2.1), water (2.2), agriculture (2.3) and natural hazards (3.1), which should be reviewed and revisions to the City of Pickering Official Plan (POP) recommended. The City has already undertaken analysis of some of the PPS, 2005 policies. A copy of this analysis is provided on Appendix B to this RFP. 42. Greenbelt Plan The Greenbelt Plan applies to significant parts of Pickering including the Oak Ridges Moraine area and the Agricultural Preserve lands within the CPDP area and to three other parts of Pickering, including: • lands immediately south of the Oak Ridges Moraine; and • a wide band of lands west of Westney Road stretching northwards from Highway #7 to the northern Pickering boundary, which joins • a wider band between approximately Highway #7 and the Fifth Concession Road (the. Ajax boundary) stretching from Westney Road to the eastern Pickering boundary at Lakeridge Road The Greenbelt Plan establishes a Natural Heritage System for designated. portions of the City with differing levels of protection for Key Natural Heritage Features (KNHF) and Key Hydrologic Features (KHF), depending on whether they lie within or outside of the Greenbelt Plan's Natural Heritage system. Page 9 1 ATTACHMENT # TO REPORT # PD 28 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study The Greenbelt Plan boundaries include Natural Heritage System lands in the Agricultural Preserve for which more detailed direction is provided within the Overlay Natural Heritage System of the CPDP. The permitted range of uses between the two Plans (CPDP and Greenbelt Plan), however, are slightly different and will need to be accommodated in the Official Plan. The policies of the Greenbelt Plan restrict new residential and commercial uses and any form of urban development in order to preserve the natural heritage attributes of all lands in the Greenbelt including the Agricultural Preserve. The Greenbelt Plan also contains policies for the Protected Countryside outside of the NHS which will have to be incorporated into the POP. Central Pickering Development Plan 43. The Central Pickering Development Plan (CPDP) establishes land uses west of the West Duffins Creek in the Agricultural Preserve including small areas designated hamlet and residential cluster. These land uses and the policy framework need to be incorporated into the POP. The natural heritage system west of West Duffins Creek is indicated as an overlay designation in the CPDP. The range of permitted uses within the natural heritage system overlay designation in the CPDP includes trails, restorative, scientific and educational uses (policy section 4.1.8 of the CPDP) as well as agricultural uses (policy section 4.3), which are also subject to the definitions and policies in the Greenbelt Plan (policy section 4.1.5). The CPDP also encourages the City to consider further natural heritage system connections through and around existing settlement areas west of the West Duffins Creek when implementing municipal policies (policy section 4.1.7). Within the Seaton part of the CPDP area (east of West Duffins Creek), 53% of the lands are designated as natural heritage lands. Policies setting out permitted land uses and other matters for the natural heritage lands are included in the CPDP. In addition, consultants for the Province have prepared the Seaton Natural Heritage System Management Plan and Master Trails Plan, a thorough and detailed proposal/program to implement the CPDP policies for the natural heritage lands in Seaton and (in some cases) beyond. However, a detailed multi-faceted and multi-layered planning process for Seaton, which is currently underway, will address environment/natural heritage issues for Seaton separately from this general environment and countryside policy study. Water Resources and the Clean Water Act 44. Section 2.2 of the PPS requires municipalities to protect, improve or restore the quality and quantity of water. This includes identifying water features which are necessary for the ecological and hydrological integrity of the watershed; protecting municipal drinking water supplies and vulnerable areas; and protecting, improving or restoring vulnerable and sensitive surface and ground water features. Page 10 I ATTACHMENT # i; TO REF'OR7 # PD ZI-10 _ No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 29 The POP currently contains water resource policies in Sections 2 and 10. Map 5 illustrates Groundwater Recharge and Discharge Areas. Some general policies to enhance groundwater recharge and discharge are contained in section 2.5 of the Official Plan. Further detailed policies on groundwater recharge, discharge and aquifer vulnerability are contained in section 10.11. Aquifer vulnerability areas within the Oak Ridges Moraine Plan Area are illustrated on Schedule VI. Policies on stream corridors are contained in section 10.5 of the City's Official Plan. These policies could potentially be incorporated into the natural heritage system policies or as part of a refined water resources policy section. In addition, the Clean Water Act requires Conservation Authorities and municipalities to review source water and identify policies. and regulations to protect source water including municipal wells and lake-based water systems. This protection includes identifying well head protection zones and intake protection zones and associated policies on land uses within these zones. The City of Pickering has no municipal wells, but the Region of Durham does operate a water intake from Lake Ontario within the City of Pickering. A source protection committee composed of. the Credit Valley Conservation Authority, TRCA and CLOCA and municipal partners is currently undertaking a Source Water Protection Plan.' This Plan is anticipated to be completed in 2012. Although a separate amendment will incorporate the results of the source protection plan, an interim policy framework should be developed as part of this assignment. Provincial Endangered Species Act and Federal Species at Risk Act 45. The Federal Species at Risk Act addresses protection of wildlife species at risk in Canada on federally-owned lands. The Ontario Endangered Species Act addresses protection of endangered wildlife species in Ontario that are listed as endangered, extirpated or threatened, administered by the Ontario Ministry of Natural Resources. These two Acts should be reviewed to determine aspects that must be supported by policies in the POP. Region of Durham Initiatives 46. Regional Official Plan As part of the Durham Regional Official Plan (DROP) review, Amendment #114 (ROPA 114) addressed, among other topics, sustainable and healthy environments, and protection of rural resources. Following settlement of a number of appeals to the OMB, the policies of ROPA 114 are now in force and part of the Regional Official Plan. The Regional Official Plan includes environment policies and a Greenlands System comprised of major open space areas, the waterfront and the Oak Ridges Moraine. The Plan identifies features that fall under the categories of key natural heritage features (KNHF) and key hydrologic features (KHF) across the Page 11 ATTACHMENT # , TO 3 0 REPORT # PD ? ice- b No. RFP-6-2010 Terms of Reference Consultinci Services for Environment & Countryside Policy Study entirety of the municipality, not just in the Oak Ridges Moraine or the Greenbelt Plan Area. The Plan also identifies the boundaries of the Greenbelt Natural Heritage System. These features are protected to a degree, but generally receive the highest level of protection if located within the major open space areas or the Greenbelt Plan Natural Heritage System. The Regional policies also call for a minimum 30 metre vegetation protection zone from many of the key natural heritage features and key hydrologic features including significant woodlands. The Plan contains a general definition of sign ificant'woodlands, but it does not currently contain criteria to indicate what constitutes a significant woodland. The Regional Planning Department intends to adopt such criteria, following consultation with the conservation authorities, and consideration of the recent adopted by MNR of the Updated (second edition) Natural Heritage Reference Manual: Natural Protection through the Provincial Policy Statement, 2005. As amended by ROPA 114, the Regional Plan also contains policies for rural areas, rural settlements and agricultural areas to which the POP must conform. The policies of the DROP include specific direction to local municipalities of how to implement the Regional policies. Region of Durham Official Plan Amendment #128 (ROPA 128) 47. ROPA 128 contains those policies dealing with growth management issues to implement the Provincial Growth Plan for the Greater Golden Horseshoe. At this time, ROPA 128 has been adopted by Regional Council and is awaiting a final decision from the Provincial government. Recently, MMAH issued a draft decision with proposed modifications to ROPA 128 that, among other matters, address environment and countryside policies in the Central Pickering Development Plan area for the Agricultural Preserve and for the Seaton Natural Heritage System that were not originally included in ROPA 128. Conservation Authorities' Initiatives The following initiatives require review and identification of an appropriate policy response for the POP. Conservation Authorities' Generic Regulations 48. The TRCA and CLOCA have prepared 'Generic Regulation' mapping (regulations with respect to development, interference with wetlands and alterations to shorelines and watercourses) and associated policies to regulate site alteration and development within the regulation area. TRCA - Terrestrial Natural Heritage Strategy 49. TRCA released a Terrestrial Natural Heritage System Strategy in 2007 to assist municipalities in promoting biodiversity over the long term by promoting a target Page 12 ATTACHMENT # TO REPORT # PD____.Z.. 1-Jp ' No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 31 terrestrial natural heritage system and associated strategies. TRCA requested municipalities to endorse its recommendations. TRCA, CLOCA & City of Pickering - Watershed Studies 50. A number of watershed/stormwater studies have been completed for lands within the City. These include the Duffins and Carruthers Creek Watershed Plan (TRCA), the Lynde Creek Watershed Plan (CLOCA), the Frenchmen's Bay Watershed Stormwater Master Plan (Pickering), the Rouge River Watershed Plan (TRCA) and the Petticoat Creek Watershed Plan (currently underway) (TRCA). A number of these watershed plans/studies also provided detailed mapping of natural features, which could be examined for possible incorporation into the POP. TRCA - Protection of Woodlands 51. In order to implement policies contained in PPS, 2005, TRCA has requested municipalities to create official plan policies to identify and protect woodlands along with other supportive policies and practices, as set out in a TRCA motion and a paper entitled "Protection of Woodlands", November 27, 2009. TRCA/Ministry of Natural Resources Floodplain Mapping and Policies 52. Related to revised PPS policies and the Generic Regulation initiative is the issue of hazard land policies and mapping, including floodplains, erosion hazard areas and hazardous sites. This matter is currently addressed in Section 10.19 and the Resource Management Schedule of the City's Official Plan. The policies on hazard lands and hazardous sites need to be updated to reflect the Provincial Policy Statement and updated Conservation Authority mapping and policies. The mapping of riverine and Lake Ontario flooding and erosion hazards also needs to be reviewed and updated. Special Policy Areas (SPA's) 53. Revised general policies for Special Policy Areas set out in the PPS, 2005 and in ROPA 114 should be reviewed and implemented in the Environment and Countryside Amendment. However, a detailed analysis of the Special Policy Area near Brock Road and Kingston Road (including policy and schedule revisions) will be undertaken as a separate project outside the environment and countryside conformity amendment. When the City undertakes the detailed analysis, the analysis will take into account the Ministry of Natural Resources recently revised procedures for the Page 13 ATTACHMENT # I TO 3L. n REPORT # PD 21-1 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study approval of Special Policy Areas which are set out in the "Technical Guide - River and Stream Systems: Flooding Hazard Limit", updated Conservation Authority floodplain mapping and changing land use policies. City of Pickering Initiatives The following City initiatives require the development of an appropriate policy framework for the POP. Local Food Policy 54. The City of Pickering wishes to consider policy options to foster a stronger agricultural community through promotion of local food. Frenchman's Bay Stormwater Management Master Plan (FB - SWMP) b9ld 55. The FB - SWMP assessed existing conditions/issues of Frenchman's Bay and its four tributaries, concluding that a $50 million (50,000,000) implementation program was needed to improve water quality, habitat areas and wetlands through mitigation measures to control erosion and flooding. An extensive list of stormwater remediation measures was proposed, to be implemented over a 25 year period. City Council recently endorsed the FB - SWMP and has commenced funding for initial steps of the implementation program. Urban Forest Study 56. The City has initiated a study of the urban forest with a view to establishing policies and a program to increase the urban forest canopy. The study is currently underway with TRCA as a partner. Countryside Issues 57. Both the PPS, 2005 and Durham Region's ROPA 114 address countryside issues, including policies for rural areas, rural settlements and agricultural areas. Since the Planning Act provides that official plans be consistent with the PPS and the POP also must conform to the Durham Region Official Plan, amended policies should be prepared so that the POP implements the PPS and ROPA 114. SCOPE OF SERVICES The environment & countryside work program is divided into four primary work components. 58. Component 1: Document Review and Agency Consultation Task 1.0 1.1 Review relevant documentation for each initiative, identify the issues/policies that must be implemented by revisions to the Pickering Page 14 ATTACHMENT # TO RE PORT # PD 21-4 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 33 Official Plan and which are optional. Meet with relevant agencies to obtain comments about how to implement mandatory and optional policy and mapping changes on all relevant matters. Include Conservation Authorities on flood plain mapping, special policy area, water resources, watershed, terrestrial natural heritage and woodland issues, the Region of Durham for its Official Plan review and Provincial MMAH and other Ministries as required on the PPS, 2005 and the Greenbelt Plan and City officials on its initiatives. 1.2 Meet with Steering Committee to discuss findings. 1.3 Prepare draft and final Document Review and Agency Consultation Summary Report. 1.4 Hold an Open House (drop-in, storey board information, invite comments) to share findings of final Summary Report and obtain feedback from the .public. 1.5 Prepare a written summary table of comments received and responses. 59. Component 2: Evaluation of Policy and Mapping: Issues and Options i Task 2.0 The following three sub-tasks require an analysis to determine the areas of the POP that require revision in order to meet the requirements of the respective senior government/agency/City initiatives and initiatives that are not mandatory. Undertake an analysis of optional methods of addressing each policy element, including mapping and schedules, to best incorporate and/or respond to the various initiatives. Since environment and countryside issues are often geographically based, methodology of mapping and schedule presentation will be a key consideration. Component 2 has been broken down into the following sub-headings: Policy Review - Environment/Natural Heritage Policy Review - Countryside Mapping and Schedule Changes Completion of Component 2 2.1 Policy Review - Environmental/Natural Heritage 2.1.1 Identify policies in the POP that will require revision to implement amended environment/natural heritage policies in the PPS, 2005, Durham Region's ROPA 114 and the Provincial Greenbelt Plan. In addition, prepare policies to implement the MMAH decision on ROPA 128 that Page 15 ATTACHMENT # TO 3 4 REPORT # PD--Z- -i0 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study address environment/natural heritage issues for the Agricultural Preserve area of the CPDP area. If practical, design policy revisions to the POP that will generally maintain the current structure of the POP. To assist in reviewing implementation of PPS, 2005, the City has provided an (already undertaken) analysis of some PPS policies for information (see Appendix B). 2.1.2 (a) Compare and evaluate at a policy level: 1) The current open space system on Schedule I, features on Resource Management Schedule III, and other physical features as delineated on Maps 2 to 7 of the Pickering OP recognizing potential updates through updated feature mapping; 2) The data presentation on Maps and Schedules which would result from the implementation of the Greenbelt Plan Natural Heritage System and the Durham Region Greenlands System; and 3) The NHS that would result from implementation of the TRCA Terrestrial Natural Heritage System methodology. (b) Assess the ability under each system to incorporate the features contained within the KNHF and KHF categories that fall within and outside of the Region's Major Open Space Areas, or the Greenbelt Plan NHS; (c) Identify appropriate criteria for identifying significant woodlands; (d) Identify optional criteria for delineating significant woodlands outside of the Greenbelt Plan and Oak Ridges Moraine Plan Area and how these options relate to the "Oak Ridges Moraine Conservation Plan Technical Paper 7 on Identification and Protection of Significant Woodlands and the Draft Technical Paper 2: Technical Definitions and Criteria for Significant Woodlands in the Natural Heritage System of the Protected Countryside Area of the Greenbelt Plan"; (e) Recommend an appropriate NHS approach to protecting natural heritage features and systems in the City of Pickering; (f) Assess the implications of each woodlands criteria option for land use policies, municipal management, development potential within future growth areas and farm operations; and, Page 16 ATTACHMENT # i _ TO REPORT # PD 'Z I-i'6 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 35 (g) Assess the implications of the application of minimum vegetation protection zones as prescribed by the ORMCP, the Greenbelt Plan and the Regional Plan to the urban area of Pickering. 2.1.3 Based on secondary source mapping data available from the Conservation Authorities, undertake updated mapping of groundwater recharge and discharge areas and aquifer vulnerability areas outside of the Oak Ridges Moraine Plan Area. 2.1.4 The consultant shall identify where changes to the policies may be necessary in order to further address the Provincial Policy Statement or other requirements of the Conservation Authorities with regard to water resources. 2.1.5 The consultant shall also identify an interim policy framework within which the Source Water Protection Plan and related Intake Protection Zone policies could be implemented in the City's Official Plan once the Source Water Protection Plan is completed. 2.1.6 Review and propose policies to implement the Agricultural Preserve area of the Central Pickering Development Plan area that address land use designations and natural heritage system features to conform with the Central Pickering Development Plan (CPDP) and the Greenbelt Plan. 2.1.7 Review and assess the various Watershed Plans that are applicable within the City of Pickering and identify options to address them in the City's Official Plan. These could range from simple regard and reference to the watershed plans to specific policies for development approvals and public works. 2.1.8 Undertake a review of general policies for Special Policy Areas to identify suitable general policy revisions at this time. 2.1.9 Review Provincial Endangered Species Act and Federal Species at Risk Act and identify mandatory and optional revisions to the POP to incorporate relevant policy considerations. 2. 1.10 Identify and evaluate policy and mapping/schedule options to respond to TRCA's Terrestrial Natural Heritage Strategy and also its "Protection of Woodlands" paper. 2.1.11 Identify appropriate policies and mapping/schedule revisions to the POP to implement Conservation Authorities' 'Generic Regulations'. 2.1.12 Research options for a `Local Food' policy for the POP. 2.1.13 Prepare policy options to implement the Frenchman's Bay SWMP. Page 17 ATTACHMENT # TO REPORT # PD_,?._I-ID 3 6 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 2.1.14 Prepare an interim generic policy to recognize the findings of the Urban Forest Study when it is completed. 2.2 Policy Review - Countryside 2.2.1 Identify. policy options for incorporating policies of the Regional Plan, Greenbelt Plan, CPDP, Growth Plan and PPS with respect to the countryside outside of the NHS. This should address rural areas, rural settlements and agricultural areas and the potential differing policy framework and policy directions of these documents. 2.2.1 Meet with Steering Committee at least three times to discuss and obtain direction at the mid-point and near the end of Environment/Natural Heritage policy review and near the end of the Countryside policy review. 2.3 Mapping and Schedule Changes 2.3.1 Review all existing maps and schedules currently in the Pickering Official Plan, evaluate the best method of showing the information in the existing maps and schedules plus the updates and new data sets to be introduced as a result of the following set of tasks and design a revised set of maps and schedules to appropriately present the revised information in the Official Plan. 2.3.2 Use Schedules and Maps from the existing Pickering Official Plan, provided by the Planning & Development Department, employing Autocad.dwg files. 2.3.3 Obtain feature information from Durham Region, TRCA, CLOCA, the Central Pickering Development Plan and MNR, and prepare a comprehensive Autocad map of the features. 2.3.4 Taking into account the requirements of the Endangered Species Act and Species at Risk Act, identify and map the habitat of endangered and threatened species, as necessary. 2.3.5 Overlay the Greenbelt Plan boundary and the Greenbelt Natural Heritage System on the Autocad map. 2.3.6 Within the Greenbelt Plan Area, classify natural features into Key Natural Heritage Features and Key Hydrologic Features, map the features and identify whether these lie within or outside the Greenbelt Natural Heritage System and the Region's Major Open Space Areas. 2.3.7 Update the wetland classification system with revisions to Schedule III and Map 6, along with any necessary associated policy revisions. 2.3.8 Using available mapping from the Conservation Authorities, update floodplain mapping in maps and schedule. Page 18 ATTACHMENT # TO REPORT # PD 22-2D No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside. Policy Study 2.3.9 Using existing data sources, identify and map other natural heritage 37 features located outside of the ORM, Greenbelt Plan and the Region's Major Open Space Areas according to the PPS. No fieldwork is required. 2.3.10 Identify and map the land use designations and the natural heritage system in the Agricultural Preserve area of the CPDP area. 2.3.11 Review, and revise, as necessary, rural settlement area boundaries, associated mapping and schedules and associated policy provisions. 2.3.12 Provide a general description of the data layers and the features. Meet with Steering Committee at the mid-point of the Mapping and Schedule changes review to provide a status update and discuss preliminary findings. 2.3.13 Meet with Steering Committee to discuss and reach agreement on methodology for a mapping and schedule strategy at the end of this component. 2.4 Completion of Component 2 2.4.1 Submit draft Policy and Mapping: Issues and Options Report to Project Manager. 2.4.2 Meet with the Steering Committee to discuss findings. 2.4.3 Following directions from Project Manager, make revisions and submit final Report to Project Manager. 2.4.4 Hold a focus Group Workshop for strategic stakeholders. 2.4.5 Hold a Public Meeting (presentation and question/answer Session) to obtain public input. 2.4.6 Prepare summary of comments received and responses to comments. 60. Component 3: Preliminary Policy Directions Task 3.0 3.1 Based on the document review, issues and options analysis and staff direction on policy options and mapping/schedule strategy, prepare a preliminary policy directions discussion paper to present a preliminary set of proposed directions for mandatory and optional matters for both policies of the Pickering Official Plan and its mapping/Schedules. 3.2 _ Submit a draft Preliminary Policy Directions Report to Project Manager. 3.3 Meet to discuss draft Report with Steering Committee. Page 19 ATTACHMENT r TO REPORT # PD 2J 3 8 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 3.4 Following direction from Project Manager, make edits and submit final Report. 3.5 Hold a Focus Group Workshop for strategic stakeholders. 3.6 Following circulation to agencies and public by City staff, hold a Public Meeting to present findings and receive public input. 3.7 Provide a written summary of comments and responses to those comments to staff. 3.8 Attend Planning & Development Committee to present the proposed Preliminary Directions for formal endorsement by Pickering Committee/Council. 3.9 Meet with Project Manager to obtain direction respecting mapping changes and policy revisions for the official plan amendment. 61. Component 4: Official Plan Policies Task 4.0 4.1 Following direction of Project Manager, prepare draft Official Plan amendment (including maps and schedules); Maps and Schedules shall be prepared in a final draft format in Autocad.dwg., suitable for final changes by Planning & Development Department. 4.2 Submit a draft 'Information Report', to provide a rationale for each selected option for all initiatives and include a draft Environment & Countryside Amendment to the Pickering Official Plan. 4.3 Once Official Plan Amendment is initiated by City staff, attend Statutory Open House. 4.5 Attend Statutory Public Meeting. 4.6 Attend Pickering Planning & Development Committee Meeting on this matter. OTHER INFORMATION 62. The Consultant shall attend an additional 4 meetings to update Council or Committees on progress or present interim findings and preliminary policy directions. Page 20 ATTACHMENT #--J TO REPORT # PD Z -1D No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study 63. In addition, the Consultant shall be responsible for recording, typing and distributing 39 minutes of the Steering Committee meetings. 64. The term of this consulting assignment is for ten to twelve months from the date of confirmation of a purchase order. 65. The award of this RFP is subject to budget and Council approval. DELIVERABLES 66. For the reports listed below, it is anticipated that a "Draft" and a "Final" Report will be required. 1. A Document Review and Agency Consultation Summary Report summarizing: • Relevant issues and policies introduced by each listed initiative that are both mandatory to be implemented in the Pickering Official Plan and those that are optional; and, • Comments and recommendations of Conservation Authorities (TRCA & CLOCA), Region of Durham Planning Department, relevant Provincial and City staff on the relevant initiatives. 2. A Summary of Consultation Comments and Responses from Component 1. 3. A Policy and Mapping: Issues and Options Report to address: • Mandatory and optional methods of implementing each environment/natural heritage and countryside initiative through written policies and mapping/schedule revisions to the Pickering Official Plan; 4. A Summary of Consultation Comments and Responses from Component 2. 5. A Preliminary Policy Directions Report to propose: • Preliminary proposed policy directions to each mandatory and optional initiative to include written policies and mapping/schedule revisions. Proposals can include implementation mechanisms outside of the official plan. 6. A Summary of Consultation Comments and Responses for Component 3. 7. A Draft 'Information Report' to provide the rationale for the proposed revisions to environment and countryside policies in the Pickering Official Plan, including; • A summary of the Official Plan Review Program and the study process for the Environment and Countryside Conformity Amendment; • An explanation of the options considered and the rationale for the selected policy option for each of the initiatives; and, • A draft amendment to the Pickering Official Plan, including maps and schedules. Page 21 ATTACHMENT # ~ TO 0 REPORT # PDi_- No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study For the deliverables listed, the Consultant shall provide the following to the City of Pickering: • For each "Draft" Report: 10 draft copies (paper); one copy in digital format using the Microsoft Office suite of applications (all mapping to be provided in AutoCad.dwg; one copy in PDF); and • For each "Final" Report: 25 copies (paper); one camera ready copy of the final version; one copy of the final version in digital format using the Microsoft suite of applications (all mapping to be provided in AutoCad.dwg; one copy in PDF) With the exception of mapping, consultants will minimize use of colour copies, as a cost cutting strategy. 67. All documents shall become the property of the City of Pickering and the City shall be the sole copyright holder of these documents. STUDY MANAGEMENT 68. The City of Pickering will manage the study. The Project Manager will be the Principal Planner, Policy and the Manager, Policy will provide strategic direction to the project. The Project. Manager will also be responsible for supervising the study work to ensure that it is carried out in accordance with the Terms of Reference and to the satisfaction of the City of Pickering. 69. The Consultant shall meet with the Project Manager on a regular basis as well as at milestones during the study. The. Project Manager shall monitor study progress, liaise with the Consultant and exercise budgetary control and revisions to the Terms of Reference. The Project Manager may identify additional issues for which options may be necessary to generate discussion, when additional public input may be required and whether both draft and final reports are required in all instances. The Project Manager shall also be responsible for the circulation of study products, notices and approval of Consultant liaison with the public and other agencies, unless agreed upon otherwise by the Project Manager. 70. Day to day reporting and communications will be with the Project Manager. STEERING COMMITTEE 71. A Steering Committee will be established to provide technical input and advice and address issues. The Committee will include the Project Manager, a representative from Regional Planning, a representative of each of the Conservation Authorities (TRCA and CLOCA), other City staff, and such other agency representatives as may be invited. The Consulting Team shall meet with the Steering Committee as a regular part of the process and at milestones during the study as directed by the Project Manager. APPENDICES A Selected List of Relevant Documents B Provincial Policy Statement Analysis Page 22 ATTACHMENT # TO REPORT # PQ 2i ~-I© No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study APPENDIX A: Selected List of Relevant Documents 4 The following list of relevant documents can be obtained as indicated or can be viewed in paper format at the Planning & Development Department by appointment. • City of Pickering Official Plan (Edition 6 - February 2010) http://www.cityofpickering.com/standard/planning/Official plan/PDF/OP6.pdf • Durham Region Official Plan as amended by ROPA 114 (June 2008 consolidation), http://www.durham.ca/planning.asp?nr=/departments/planning/dr official plan 2008 /0Pmaps. htm&setFooter=/includes/planningFooter. inc ROPA 114 has been amended as a result of an OMB Decision on File PL060978, Issued Nov. 6, 2008. This decision is available as a separate pdf document on the RFP 6-2010 website. • Greenbelt Plan http://www. mah.gov.on.ca/Asset1277.aspx • Oak Ridges Moraine Conservation Plan http://www.mah.gov.on.ca/Page323.aspx • Central Pickering Development Plan http://www.mah.gov.on.ca/Assetl 849.aspx • Species at Risk Act http://laws.iustice.gc.ca/bng/S-15.3/index.html • The Endangered Species Act http://www.e-laws.gov.on.ca/html/statutes/english/elaws. 07e06 e.htm • The Clean Water Act http://www.e-laws.gov.on.ca/html/statutes/english/elaws statutes 06c22 e.htm • TRCA, Terrestrial. Natural Heritage System Strategy, 2007 http://www.trca.on.ca/protect/land/terrestrial-natural-heritage/ • A Watershed Plan for Duffins Creek and Carruthers Creek, 2003 http://www.trca.on.ca/protect/watersheds/duffins-carruthers-creeks/resources dot • Rouge River Watershed Plan Towards a Healthy and Sustainable Future, 2007 hftp://www.trca.on-ca/dotAsset/37800.pdf • Rouge River Watershed Plan Implementation Guide, TRCA, 2008. http://www.trca.on.ca/dotAsset/37815.pdf • Frenchman's Bay Stormwater Management Master Plan, June 2009 http://www.cityofpickering.com/standard/citvhall/notices/FBSMMP/FinalRer)ort pdf Page 23 ATTACHMENT # I TO 4 2 REPORT # PD 7-1 -110 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study • Lynde Creek Watershed Management Plan (draft preferred management Plan to be released sometime in 2010) http://www.cloca.com/2007/Lynde%2OCreek%2OWatershed%2OManagement%20Plan.html • Petticoat Creek Watershed Action Plan (draft to be available in February 2010) Go to : http:Hwww.altonaforest.org/down loads. htmI and go to the fourth document for the Petticoat Creek Watershed Action Plan. • Toronto and Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, O.Reg. 166/06 http://www.e-laws.ciov.on.ca/html/reps/english/elaws reps 060166 • Central Lake Ontario Conservation Authority: Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, O.Reg. 42/06. http://www.e-laws.gov.on.ca/htmI/reps/enqlish/elaws reps 060042 e.htm • Technical Guide River &Stream Systems: Flooding Hazard Limit, MNR, 2002 Go to http://www.mnr.gov.on.ca/257829.pdf, go to Water, then go to Public Safety to Understanding Natural Hazards, then to Part 2 - Chapter 7.0, Understanding River and Stream Flooding Hazard Limit • Oak Ridges Moraine Conservation Plan Technical Paper Series 7: Identification and Protection of Significant Woodlands http://www.mah.g6v.on.ca/Pagel 713.aspx • Technical Paper 2: Technical Definitions and Criteria for Significant Woodlands in the Natural Heritage System of the Protected Countryside Area of the Greenbelt Plan, Draft September 2008. http:Hpublicdocs.mnr.gov.on.ca/View.asp?Document ID-14966&Attachment ID=31522 • How Much Habitat is Enough, Environment Canada, 2004 http://www.on.ec.gc.ca/wiIdI ife/docs/pdf/habitatframework-e.pdf • Natural Heritage Reference Manual: Natural Heritage Protection through the Provincial Policy Statement, 2005, MNR (Second edition - released April 22, 2010) http://www.mnr.gov on ca/stdr)rodconsume/groups/ir/ mnr/Olueps/documents/document /289522. pdf • Protection of Woodlands, TRCA, November 27, 2009 http://trca.on.ca/dotAsset/65380.odf (Refer to pages 24-33) • Significant Wildlife Habitat: Technical Guide, MNR, 2001 http://www.mnr.gov.on.ca/en/Business/FW/Publication/MNR E001285P html APPENDIX B: PPS RESEARCH See attached Page 24 ATTACHMENT # TO REPORT # PQ 21-10 No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study HEALTH AND SAFETY REGULATIONS 43 1. (a) The City is the "owner" throughout the term of this contract. (b) The Company is the "employer" throughout the term of this contract. 2. The company certifies that it, its employees, its subcontractors and their employees, (a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the Act); and (b) have sufficient knowledge and training to perform all matters required pursuant to a contract safely and in compliance with the Act; (c) are covered by WSIB. 3. In the performance of all matters required pursuant to a contract, the company shall, (a) act safely and comply in all respects with the Act, and (b) ensure that its employees, its subcontractors and their employees act safely and comply in all respects with the Act. 4. The company shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 5. The company shall permit representatives of the City on site at any time or times for the purpose of inspection to determine compliance with a contract. 6. No act or omission by any representative of the City shall be deemed to be an assumption of any of the duties or obligations of the company or any of its subcontractors under the Act. 7. The company shall indemnify and save harmless the City, (a) from any loss, inconvenience, damage or cost to the City, which may result from the company or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to a contract; and (b) against any action or claim, and costs related thereto, brought against the City, by any person arising out of any unsafe act or practice or any non-compliance with the Act by the company or• any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to a contract; (c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the City if the City (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of a contract. 8. The company shall abide by the Workplace Safety & Insurance Board Act, as amended from time to time and all Regulations thereunder. CONDITION OF WORK SITE 9. The company shall remove and legally dispose of debris, packaging and waste materials frequently, or as directed by the City, in accordance with all governmental regulations applicable to such activities. Acknowledged: Date: Company Signature Print Name Page 25 ATTACHMENT # 4 4 REPORT # PD 21-10 TO No. RFP-6-2010 Terms of Reference Consulting Services for Environment & Countryside Policy Study ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Section. 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service providers policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: 1. How to interact and communicate with persons with various types of disability 2. How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person 3. How to use equipment that is available on the premises that may help in the provision of goods or services 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services 5. Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities can be found on the Ministry of Community & Social Services website. The following link provides access to the training module: www.mcss.gov.on.ca/mcss/serve-ability/HTML_Eng/screen0l .html Contracted employees, third party employees, agents and others who deal with members of the public on behalf of the City of Pickering must meet the requirements of Ontario Regulation 429/07 with regard to training. A document describing the training policy, a summary of the contents of the training and details of training dates and attendees must be submitted to the City of Pickering upon request. I acknowledge that the training module has been completed accordingly. Acknowledged By Company Name Date Authorized Official Title Name (please print) Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Page 26 ATTACHMENT # 2 TO REPORT # PD 21-1b CONSULTANTS 45 • Planning Partnership • Planning Alliance • MMM • BMI Pace • Walker Nott Dragicevic Associates Limited • MHBC Planning • MacAulay Shiomi.Howson Ltd. • Meridian Planning Consultants • Dillon Consulting • Aecom • Malone Given Parsons Ltd. • Urban Strategies Inc. • Hardy Stevenson and Associates • Anthony Usher Planning Consultant 4 t ATTACHMENT # 3 -TO REPORT # PD 2-1 JO 46 as PICKER Request for Proposal Consulting Services for an Environment & Countryside Conformity Amendment for the Pickering Official Plan Review No. RFP-6-2010 Sealed proposals clearly marked as to contents will be received by the undersigned department for the above no later than 2:00 PM (local time): Thursday, June 10, 2010 The work is to undertake an Environment & Countryside Conformity Amendment as part of the Pickering Official Plan Review to review and update the natural heritage, other environment and countryside policies in the Pickering Official Plan to reflect current conditions, conform to Provincial and Region of Durham policies, respond to Conservation Authority initiatives and introduce City initiatives. This is not a conclusive listing of requirements - it is solely the bidder's responsibility to review the tendering document for full requirements. Terms of Reference are available to download at no charge from the City's website http://citvofpickering.com/standard/citvhall/index.htmi supply&services I current bid opportunities. Bidders are solely responsible for downloading all documentation including addenda. Terms of Reference documents picked up from the City can be available upon a non-refundable payment of $100.00 per set by cash or cheque made payable to the City of Pickering by contacting Supply & Services, Tel 905.420.4616, located on the 2nd Floor of the Pickering Civic Complex. It is the bidder's sole responsibility to check often on the City's website for addenda, in particular before the bid closing date and time. All addenda must be acknowledged as instructed, incorporated or inserted into the bid document. To view list of bidders go to: http://cityofpickering.com/standard/citvhall/index.html supply&services / current bid opportunities Lowest or any proposal not necessarily accepted. The Corporation of the City of Pickering Corporate Services Department Supply and Services, 2nd Floor One The Esplanade Pickering, Ontario LIV 6K7 Vera A. Felgemacher, C.P.P., CPPO, CPPB, C.P.M., CMM III Manager, Supply and Services City o0 Report to Planning & Development PICKERING Committee Report Number: PD 22-10 Date: July 5, 2010 47 From: Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision SP-2009-15 Zoning By-law Amendment Application A 17/09 Ontario Realty Corporation Part of Lot 18, Concession 3 City of Pickering Recommendation: 1. That Draft Plan of Subdivision SP-2009-15 submitted by Ontario Realty. Corporation, to permit a plan of subdivision to create one school block on lands being on Part of Lot 18 Concession 3, be endorsed; 2. That the proposed conditions of draft plan approval of subdivision to implement Draft Plan of Subdivision SP-2009-15 as set out in Appendix I to Report PD 22-10, be endorsed; 3. That Zoning By-law Amendment Application A 17/09 submitted by Ontario Realty' Corporation, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2009-15 for one school block, as outlined in Appendix II to Report PD 22-10, be endorsed; and, 4. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 17/09, as set out in Appendix 11 to Report PD 22-10, be forwarded to City Council for enactment. Executive Summary: The property owner, Ontario Realty Corporation (ORC), has requested approval of a draft plan of subdivision in order to create one block for an anticipated Catholic Elementary School site that is 1.74 hectares in size. An application to amend the zoning by-law to an appropriate zone that would permit a school has also been requested (see Location Map and Applicant's Submitted Revised Plan, Attachments #1 and #2). No specific site design or buildings are proposed by ORC as it would not be the proponent for any actual school development. The ro osed draft plan represents an appropriate land use that is in compliance with the policy requirements of the City of Pickering, the recently adopted Official Plan Amendment 18 for the Duffin Heights Neighbourhood, the Neighbourhood Development Guidelines and the Environmental Servicing Plan for Duffin Heights (see Attachment #3, Tertiary Plan - Duffin Heights Neighbourhood). Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 48 Zoning Amendment Application A 17/09 Page 2 It is recommended that the applications be endorsed by Council, for Draft Plan of Subdivision SP-2009-15 and Zoning By-law Amendment Application A 17/09 as set out in Appendix I and II to Report PD 22-10. The City's requirements respecting development of the subject property will be addressed through conditions of Draft Plan of Subdivision Approval and the recommended zoning provisions. Financial Implications: No direct costs are anticipated as a result of the recommendations of this report. Sustainability Implications: The applicant submitted a Review of Sustainability Report that is based on the City's Draft Sustainability Guidelines. Staff have reviewed the report and rated the draft plan as achieving a Level 1 score. This rating was achieved due to the sustainability elements that are incorporated in the Duffin Heights Neighbourhood and the requirements of the Environmental Servicing Plan. ORC will not be the builder of the school, therefore a review of the building program was not provided. ORC is encouraged to pursue sustainable building design elements with the end user of the property in order to achieve a higher rating for the development. 1.0 Background: 1.1 Introduction ORC applications are for the creation and zoning of one block for a future elementary school site for the Durham Catholic District School Board..ORC will not be the builder under its mandate and intends to transfer the land to a school board who will be responsible for the actual school site development. The purpose of the applications and this report is only to consider a school use on the subject property. If in the future the school boards do not require this property, a future land use application will be required to be submitted for Council's consideration as only the elementary school use is being reviewed at this time. 2.0 Comments Received: 2.1 At the April 6, 2010 Information Meeting No members of the public appeared or spoke at the public meeting (see Text of the Information Report, Attachment #4 and Meeting Minutes, Attachment #5). Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 Zoning Amendment Application A 17/09 'Page 3 49 2.2 Agency Comments 2.2.1 Region of Durham The Region of Durham has provided the following comments: • the proposal is permitted by the policies of the Durham Region Official Plan • the subject lands are within the built boundary of the Growth Plan and would conform to the Growth Plan as the polices encourage cities to develop.as complete communities with investment in community infrastructure, including schools • the applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications as certain requirements can be addressed through conditions of approval • municipal water supply and sanitary sewer service can be provided by the extension of services and • the Region has no objection to the applications and has provided conditions of approval (see Attachment #6) 2.2.2 Toronto and Region Conservation Authority The Toronto and Region Conservation Authority (TRCA) has advised that the subject land is located in the Duff in. Heights Neighbourhood and is therefore subject to the Council adopted Official Plan Amendment 18, the Duffin Heights Neighbourhood Development Guidelines and the Duffin Heights ESP. Environmental matters are required to be addressed by these policies. These matters can be addressed through conditions of approval. As such, TRCA has no objection to the applications and has provided conditions of approval (see Attachment #7). 2.2.3 Durham Catholic District School Board The Durham Catholic District School Board has advised they have no objection to designate the subject lands as a Catholic Elementary School site. (see Attachment #8). 2.2.4 Other Agencies The following agencies or departments advised they have no objection to the applications and certain technical issues and requirements related to the .proposed use of the lands can be addressed during the detailed subdivision approval/implementation process, should these applications be approved: • Durham District School Board (see Attachment #9) • Enbridge Gas Distribution Inc (see Attachment #10) • Rogers Cable Communication (see Attachment #11) • Hydro One (see Attachment #12) • GTAA (see Attachment #13) , • Veridian Connections (see Attachment #14) 0 Bell (see Attachment #15) Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 50 Zoning Amendment Application A 17/09 Page 4 2.3 City Department Comments 2.3.1 Development Control A subdivision agreement and a construction management plan will be required to address development of the site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report (see Attachment #16). 3.0 Discussion: 3.1 The Proposed School is Supportable and Complies with the Official Plan The subject land is designated "Urban Residential Areas - Medium Density Areas" in the Pickering Official Plan. Permissible uses within this designation include, among others, residential uses and community and cultural uses as well as limited office commercial uses. Community uses, such as schools are permitted in "Urban Residential Area - Medium Density Areas" and form an important component of a community. The subject site is considered an appropriate location for a school given its location attributes along a collector road and in a central location within the eastern portion of the Duffin Heights Neighbourhood. The Official Plan recognizes that community services, such as schools, play an important role in the community and promotes a suitable distribution of facilities. It is recognized that the establishment of the school block is no guarantee that a school will be constructed, however the approval of the subject applications does provide a locational opportunity for a school in the neighbourhood. 3.2 The Proposed School Site is appropriately located in the Neighbourhood The proposed school block is strategically located in the centre of the eastern portion of the Duffin Heights neighbourhood (see Attachments #2 and #3). This location will allow the greatest potential to'walkability to the school from this portion of the neighbourhood. With the school block being located in close proximity to the City park block that will be developed in the Mattamy draft plan of subdivision, the area will become a community focal point. The property directly to the south that separates the school from the park has the hydro easement over the lands and is proposed to be developed as an expanded parking lot that will be used by the reconfigured golf course and users of the City park. This parking will also be able to be utilized for special events held at the future school. Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 Zoning Amendment Application A 17/09 Page 5 51 The proposed school block will also have dual frontages on municipal streets which is an appropriate design criteria. The abutting draft plan of subdivision to the north by Lebovic Enterprises Limited was required to be reconfigured in order to establish a municipal road along the north property line of the school block. This dual frontage will allow greater opportunity in designing and placing the school and provided options for on-site traffic (bus) movements. The school block is also located at.the terminus of a future east-west collector road that will connect the eastern and western portions of the neighbourhoods. This feature will allow the future school building to be prominently located at a view terminus thereby allowing the school to become a neighbourhood landmark. 3.3 The Natural Heritage Feature Abutting the Site Will be Protected The proposed school block is contained within a larger land holding owned by ORC. If these applications are approved, the registration of the plan of subdivision will split away the school block from the lands that are designated "Open Space Systems - Natural Area", that abut the school block to the east. Therefore, the surrounding valleylands of the Urfe Creek valley system that are designated "Open Space Systems - Natural Area" will remain in the ownership of a public authority and used as natural area and recreational purposes. This complies with the policies of the City of Pickering Official Plan. 3.4 Duffiri Heights Neighbourhood Development Guidelines The recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood, being: • to create accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood • to create a streetscape which is attractive, safe,and encourages social interaction within the neighbourhood • to establish a central focus to the neighbourhood which is safe, lively and attractive • to provide a diversity of uses to support neighbourhood and City functions • to preserve and maintain the ecological function of the tableland forest and valleylands • to promote site development and building/construction that is consistent with the City's Sustainable Development Guidelines The proposed school block will help in achieving these design objectives. The development of the proposed school will be subject to detailed site plan approval process where matters such as building design, streetscape and landscaping will be fully investigated. The NDG requires community facilities to have a high standard of architectural design and special landscape features to help distinguish the important landmark build all designed at a pedestrian level. Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 52 Zoning Amendment Application A 17/09 Page 6 3.5 Duffin Heights Environmental Servicing Plan (ESP) Requirements Need to be Satisfied City Council has endorsed the recommendations of the Duffin Heights Environmental Servicing Plan (ESP) prepared by Sernas Associates on behalf of Duffin Heights Landowners Group which includes the Ontario Realty Corporation. The ESP provides detailed information on the development limits, servicing requirements and recommendations to protect and enhance the natural heritage system including appropriate" ecological buffers and stormwater management. The ESP set out certain prerequisites and requirements that must be satisfied prior to development, (including the subject draft plan of subdivision). These include, but are not limited to: • Functional Servicing and Stormwater Report • Monitoring Report • Compensation Report • Fish Habitat Restoration Fund contribution • Watershed System Monitoring and Management Fund contribution and • Adaptive Management Fund contribution Some of these requirements will form part of the cost sharing agreement between the Duffin Heights Landowners Group. The required reports have/will be initiated by the applicant and will need to be finalized and accepted by the City and/or TRCA as part of the final subdivision approval process. The required monetary: contributions will be secured through conditions of draft approval for the subdivision. As part of the Council endorsed ESP and the recently approved Official Plan Amendment 18, the major landowners in Duffin Heights (including ORC) are required to enter into a cost sharing agreement, that will be administrated by a trustee, to ensure all landowners pay their proportional share of the cost to develop the neighbourhood. Therefore, prior to the registration of any draft plan of subdivision, the City will require that the cost sharing agreement has been finalized and that confirmation has been received from the trustee that all of ORC's financial contribution has been provided. 3.6 William Jackson Drive in Front of School Block is being Constructed as part of the Abutting Subdivision Development Part of the approval of the draft plan to the north by Lebovic Enterprises Limited will be to construct William Jackson Drive,: from the north limit of the Mattamy draft plan to Old Taunton Road. In order for this to occur all the lands required for the road need to be under City ownership, or be in the process of being dedicated to the City for road purposes. Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 Zoning Amendment Application A 17/09 Page 7 53 Therefore, until all the lands required for the road are in a position to be dedicated to the City, the subject draft plan will not be able to be finalized for registration. William Jackson Drive is required to provide access and servicing to the school block. A draft cost sharing agreement specific to the conveyance of land and construction of William Jackson Drive in front of the school block has been prepared. 3.7 Proposed Subdivision Conditions of Approval The draft plan of subdivision, is recommended for approval. The draft plan represents appropriate development that conforms to the Official Plan and the Duffin Heights Neighbourhood Development Guidelines. Detail design matters are incorporated in the recommended conditions of approval and will be reviewed during the further processing of the application to ensure compliance with the Duffin Heights ESP, City policies and agency requirements. The cost sharing agreement between the major landowners is required to be finalized prior to any final approval for registration is granted by the City. Prior to final approval, the City must also receive confirmation from the trustee that all financial contributions have been addressed. The recommended draft plan of subdivision conditions of approval are outlined in Appendix I to this report. 3.8 Proposed Zoning The proposed zoning provisions address building location performance standards to ensure an appropriate design for the neighbourhood. The recommendations also contain vehicle parking zoning standards to ensure that that the school will have appropriate parking. The recommended zoning is attached in Appendix II to this report. 4.0 Applicant's Comments: The owner is aware of the recommendations of this Report. Appendices: Appendix I Recommended Conditions of Draft Approval Appendix 11 Draft Implementing Zoning By-law Requirements and Schedule Report PD 22-10 July 5, 2010 Subject: Draft Plan of Subdivision SP-2009-15 54 Zoning Amendment Application A 17/09 Page 8 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Text of Information Report No. 04-10 4. Tertiary Plan - Duffin Heights Neighbourhood 5. Minutes from April 6, 2010 Statutory Public Information Meeting 6. Agency Comments - Region of Durham Planning Department 7. Agency Comments - TRCA 8. Agency Comments - Durham Catholic District School Board 9. Agency Comments - Durham District School Board 10. Agency Comments - Enbridge Gas 11. Agency Comments - Rogers Cable 12. Agency Comments - Hydro One 13. Agency Comments - GTAA 14. Agency Comments - Veridian Connection 15. Agency Comments - Bell Canada 16. City Comments - Development Control Prepared By: Approved/Endorsed By: C~ Ross Pym, MCIP, PP Neil Carroll, PP (Acting) Manager, Development Review Director, Planning & Development RP:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickerin y Cou ciI 22 Zo1O Ton revedel, P.Eng. Chief Administrative Officer Appendix I to Report PD 22-10 55 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-15 Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-15 56 1.0 General Conditions: 1.1 That this recommendation apply to the draft plan prepared by Sernas Associates, dated June 2009, on lands being Part of Lot 18, Concession 3, City of Pickering, to permit an elementary school block on the subject lands. 2.0 Prior to the Registration of the Plan; 2.1 That the owners submit a Draft 40M-Plan to be approved by the City's Planning & Development Department; 2.2 That the implementing by-law for Zoning By-law Amendment Application A 17/09 become final and binding; 2.3 That the owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the following: 2.3.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for downstream stormwater management; (c) satisfaction of the Director, Planning & Development Department for design and implementation of diversion of stormwater from off-site lands if proposed in an approved Functional Servicing and Stormwater Report; 2.3.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; (c) satisfaction of the Director, Planning & Development Department respecting the authorization from abutting land owners for all off-site grading; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-15 Page 2 57 2.3.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; (b) that the specific cost sharing agreement for the construction of William Jackson Drive be executed by all required parties to the satisfaction of the City of Pickering; 2.3.4 Construction/Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; 2.3.5 Dedications/Transfers/Conveyances (a) that the owner convey to the City, at no costs: (i) any easements as required; and, (ii) any reserves as required by the City; (b) that the subdivider convey any easements to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; (c) that the owner arrange at no costs to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after the draft.approval; 2.3.6 Construction Management Plan (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-15 Page 3 58 (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; (vii) details of the temporary construction access; 2.3.7 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act; 2.3.8 Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; 2.3.9 Fencing (a) satisfaction of the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; 2.3.10 Street Tree Planting (a) the submission of a street tree planting plan to the satisfaction of the City; 2.3.11 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works; Recommended Conditions of Approval for Draft Plan of Subdivision SP-2009-15 Page 4 59 (b) that the subdivider revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or. reconfiguring the roads or lots to the City's satisfaction; 2.3.12 Other Approval Agencies' (a) that the subdivider satisfy all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.3.13 Environmental Servicing Plan (a) that the subdivider satisfy, to the satisfaction of the City of Pickering, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: (i) Functional Servicing and Stormwater Report; (ii) Monitoring Report; (iii) Compensation Report; (iv) Fish Habitat Restoration Fund contribution; (v) Watershed System Monitoring and Management Fund contribution; (vi) Adaptive Management Fund contribution; and, (vii) that the subdivider become a party to the cost sharing agreement for Duffin Heights and the Director, Planning & Development Department receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the subdivider has made satisfactory arrangements to pay its proportion of the shared development cost; 2.3.14 Easements for Off-Site City Facilities (a) that the subdivider satisfy to the satisfaction of the Director, Planning & Development Department any required easement for works, facilities or use rights that are required by the City of Pickering; 2.3.15 Property Information Sign (a) that the subdivider satisfy, to the satisfaction of the Director, Planning & Development Department, that a sign be erected on the proposed school block that identifies the lands as a future school site. Appendix II to 6 0 Report PD 22-10 Draft Implementing Zoning By-law Amendment Application A 17/09 I The Corporatio Pickering 61 By-I o. xxxx/10 Being a By-law to amend Restricted Area (Zoning) By-law 3037 to implement the Pickering Official Plan in Part of Lot 18, Concession 3, City of Pickering (A17/09, SP-2009-15) Whereas the City of Pickering deems it desirable to permit the development of an elementary school on the subject lands being Part of Lot 18, Concession 3, in the City of Pickering; And whereas an amendment to By-law 3037, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 3 in the City of Pickering, designated "CI-ES" on Schedule I. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Elementary School" shall mean a school, under the jurisdiction of a School Board created by the Province of Ontario, used primarily for the instruction of students receiving primary education; (2) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an accessory buildings or structures, or a public park or open space area regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; By-law No. xxxx/ Page 2 .a A 62 PM~1 b) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel. to and 7.5 metres distant from the front lot line; (3) "Neighbourhood Park" shall mean a municipal public park; (4) "Street" shall mean a street as defined in the Highway Traffic Act, as amended from time-to-time, which may provides. vehicular access to a lot. A private road registered in a plan of condominium is also considered a street for the purpose of this by-law; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; By-law N oif 05 110 Page 3 3 (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. Provisions ("CI-ES") (1) Uses Permitted ("CI-ES") No person shall, within the lands designated "CI-ES" on Schedule attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) elementary school; (2) Zone Requirements ("CI-ES") No person shall, within the lands designated ("CI-ES") on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following requirements. (a) Lot Frontage (Minimum) 50 metres (b) Lot Area (Minimum) 1.5 ha (c) Front Yard Depth (Minimum) 6.0 metres (d) Interior Side yard Width (Minimum) 6.0 metres (e) Rear Yard Depth (Minimum) 6.0 metres (f) Flanking Side Yard Width (Minimum) 6.0 metres (g) Building Height (Maximum) 13.5 metres (h) Lot Coverage (Maximum) 35 percent (i) Landscape Open Space (Minimum) 25 percent (j) Parking Requirement (minimum) 1.5 parking spaces per classroom By-law No. xxxx/10 Page 4 64 6. By-law 3037 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this xxth da July, 2010. DRAFI David Ryan, Mayor DRAFt Debbie Shields, City Clerk 65 \ C3 \ P R O \ ACC / ~ ` ` \ 1 / \ 1 / I ---I I1 / - 1 J m / / T N SCHEDULE I TO BY- PASSED THIS DAY OF 2010 ATTACHMENT #--L- TO 6 6 REPORT # PD-ZZ::L Row TAUNTON Pp y0 `ORBR ' tRCET SUBJECT PROPERTY a O -Du CMTUR~ c: /A DERSAN STREET i 1 .City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 3 OWNER ONTARIO REALTY CORPORATION DATE. JULY 21, 2009 DRAWN BY JB 0 . FILE No. SP2009-15 & A 017/09 SCALE 1:10000 CHECKED BY 'RP H oieronet eEnterpriaes InC. entl its nuppfen. All riphta Reaervetl. Nel a pion of survey. PN-15 " 2005 MPAC and its su plies. All rhta Reservetl. Nol o plan O/ Surve . ATTACHMENT # I TO REPOR? # PD INFORMATION COMPILED FROM APPLICANT'S 67 SUBMITTED PLAN ONATRIO REALTY CORPORATION SP-2009-15 & A 017/09 p u 12.6 A I" I tow B0 K 5 B0K 6 BL 7 76 I v.z . 6 T. T. 5 32.4 e 2 .0 4 33.4 2e8 / l . N l2' J6' JO• E IJS.OJ - ~ 0 5 0.3m Reserve 29,7 N]J'J600-E e: BLOCK 64 z 34.0 32 OPEN SPACE c Future R.O.W. Shore 'J..] BLOCK 63 Ol 5 wy•fws- rr 0 N rv rv - I 81 6.0 - 8.0 ].C ].6 6.06.0 ].E"6,0 6. O _ Of O1 - ; E o Future R.O.W. Shore 0 v Ultimate - R.O, W. Width 22.Om f I O XX F u t u I CATHOLIC SCHOOL z BLOCK 1 o J, (1.34 ha - 4.3 ac.) 3 E I) v Future R.O.WShore Q 0 V c C U O 'o o Future R.O.W. Share V Of M SENIOR S tl I HBOUR C C: BLOC v QC (2.06 ha 3 U 0 o ' w 9.15 9.15 9.15 169 16816716E c 12.1 17.017.017.017.01 8.8 8.8 ].0 ]A ].0 ].0 11.5 z7.0 N FULL SCALE COPIES OF THE APPLICANT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWNC AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMADON & SUPPORT SERVICES. JULY 21, 2009. ATTACHMENT TO a REPORT # PD 22-/6 ! TAUNTON ROAD E LAN ~ ~ N Ppc~F~c ~ PPC1~C R~V1.1E f: ~ C iI I I - 1 1 PSA P O i 1==== - _ o~` GO c E SPP I { / NP SP CE II II C `nom 11. 1~.4MP/ f A - ~~i I 1 -_4 4, / tCF j \ I PACE C CEMETERY I` I 1SMP1 ~ II EN 11 SPACE +II II II _u II -J L----- CORRod?- EN pFtO S E y, l p, / OMP I Tmmammd~ Proposed School City of Pickering Planning & Development Department TERTIARY PLAN - DUFFIN HEIGHTS NEIGHBOURHOOD GUIDELINE BOUNDARY FUTURE ROADS 0 RESIDENTIAL p~ FUTURE STORMWATER MANAGEMENT POND EXISTING ROADS BROCI( ROAD STREETSCAPEP'1 FUTURE NEIGHBOURHOOD GOLF COURSE O EMPLOYMENT •J PARK N FUTURE ELEMENTARY scuE 1:12500 0 TABLELAND FOREST FOCAL POINTS % SCHOOL 100 0 100 FIGURE A VILLAGE GREEN gW I ~uPtE coMMUNITY.~ TERANET\u4+dtq\DuMln Hetphb\DeNgn and Te►tiory Pbn\DHTerltaryplen20D9MAYl2.dwp A TM MAY 12, 2009 ATTACHMENT #e.4 TO City o¢~ REPORI # PD Zkd& Information Report Report Number: 04-10 For Public Information Meeting of PICKERING Date: April 6, 2010 69 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Draft Plan of Subdivision SP-2009-15 Zoning By-law Amendment Application A 17/09 Ontario Realty Corporation Part Lot 18, Concession 3 City of Pickering 1.0 Property Location and Description - the subject lands are located on the east side of Brock Road, north of the Hydro corridor and south of Old Taunton Road; - a property location map is provided for reference (see Attachment #1); - the property was previously part of the Seaton Golf Course and the subject lands were used this past summer for golf purposes; - it is staffs understanding that the remaining portion of the Seaton Golf Course will be reconfigured and continue to operate in the future as a nine hole golf course; - the majority of the subject property is a typical golf course containing manicured turf grasses and mature trees; - the subject property is part of a larger holding of land owned by Ontario Realty Corporation (ORC); - the site's topography is relatively flat with a gentle slope to the east; - surrounding land uses are: north - a former portion of the Seaton Golf Course (this portion of the golf course is approved for residential development, by Plan of Subdivision SP-2008-08 by Lebovic Enterprises Limited); south - ORC lands containing a Hydro One corridor and the parking lot for the Seaton Golf Course; east - Urfe Creek valley lands and the remainder of the Seaton Golf Course; west - existing commercial and residential lands on the opposite side of the future William Jackson'Drive; 2.0 Applicant's Proposal - the applicant has requested approval of a draft plan of subdivision in order to create one block for an elementary school site that is 1.74 hectares in size; - the application to amend the zoning by-law is to change the zoning on the property from "02-GC"- Open Space - Golf Course to an appropriate zone that would permit a school (see Applicant's Submitted Plan - Attachment #2); - no specific site design or buildings are proposed by the applications. ATTACHMENT # TO Information Report No. 04-10 REPORI # PO ILI& Page 2 70 3.0 Official Plan and Zoning 3.1 Provincial Growth Plan - Places to Grow (the Provincial Growth Plan for the Greater Golden Horseshoe) requires intensification of land uses within built-up area boundaries of municipalities; - the Growth Plan guides infrastructure planning and strategic investment decisions to support and accommodate forecasted population and economic growth; - community infrastructure, which includes education facilities, should be planned to meet the needs resulting from population changes and to foster complete communities; 3.2 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as "Living Areas", which are intended to be used predominantly for housing purposes; - "Living Areas" shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas; - cultural and community facilities, such as schools are permitted in this designation; - the subject applications appear to conform to the Durham Region Official Plan; 3.3 Pickering Official Plan - the Pickering Official Plan designates the subject lands as "Urban Residential Areas - Medium Density Areas"; - permissible uses within the "Urban Residential Areas - Medium Density Areas" designation include, among others, residential uses and community and cultural uses as well as limited office commercial uses; - community uses, such as schools are permitted in "Urban Residential Area - Medium Density Areas"; - the subject lands are within the Duffin Heights Neighbourhood of the Official Plan; - Schedule II of the Pickering Official Plan - "Transportation Systems" designates the proposed abutting road (William Jackson Drive), which will provide access to the property, as a "Collector Road"; - A "Collector Road" is designed to carry lower volumes of traffic at lower speeds than high order arterial roads while providing access to properties; - the City has adopted the Duffin Heights Neighbourhood Development Guidelines that apply to the subject lands (see Section 3.4); - as required by the Official Plan an Environmental Servicing Plan (ESP) for the Duffin Heights Neighbourhood has been prepared and endorsed by City Council, and the proposed school site must comply with the recommendations of the ESP; - the applications will be assessed against the policies and provisions of the Pickering Official Plan during further processing of the applications; ATTACHMENT #~TO Information Report No. 04-10 REPORT # PD 22--Q Page 3 71 3.4 Duffin Heights Neighbourhood Development Guidelines - the recently approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood; - the subject property is delineated as an elementary school on the Tertiary Plan - Duffin Heights Neighbourhood; - the NDG objectives include creating accessible pedestrian-oriented residential areas, distinct in character and harmonious with the larger neighbourhood; - the NDG states that public/institutional uses form an important aspect of community identity and provides location and design principles for such uses; 3.5 Zoning By-law 3036 - the subject lands are currently zoned "02-GC Open Space - Golf Course by Zoning By-law 3037; - the existing zoning permits a golf course and a variety of open space recreational uses; - an amendment to the zoning by-law is required to allow the development of the proposed plan of subdivision for a school site; - the applicant has requested an appropriate zone that would permit the proposed development. 4.0 Results of Circulation 4.1 Resident Comments - none received in response to the circulation to date; 4.2 Agency Comments the following agencies or departments advised they have no objection to the applications (see Attachments #3 to #9): • Durham District School Board; • Enbridge Gas Distribution; • Rogers Cable; • Hydro One Networks; • Greater Toronto Airport Authority; • Veridian Connections; and • Bell; 4.3 Staff Comments - in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • reviewing the applications in terms of compliance with the City's Official Plan and Development Guidelines; ATTACHMENT # -1/ TO Information Report No. 04-10 RENURT # PD Z2 /0 Page 4 79 • ensuring that the proposed development is compatible with, and sensitive to, existing and proposed surrounding development and provides appropriate tree preservation and/or Natural Heritage Compensation; • reviewing the applications in terms of their level of sustainable development components which demonstrate how the site development and building design/construction is consistent with the City's Sustainable Development Guidelines; • concluding arrangements respecting the requirements of the ESP including functional servicing and storm water management; • securement of appropriate arrangements for the construction of trails on lands owned by ORC that abut the draft plan of subdivision; • reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met and that the proposed development design does not impact on the ability of abutting properties to develop in an appropriate fashion. 5.0 Procedural Information - written comments regarding this proposal should be directed to the Planning & Development Department; . - oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input to a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law or approves the draft plan of subdivision for this proposal; - any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk. 6.0 Other Information 6.1 Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this report; 6.2 Information Received full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: • the draft plan of subdivision; • Functional Servicing and Stormwater Report, prepared by Sernas Associates, dated July 2009; • Environmental Site Assessment, prepared by MMM Group Limited, dated November 2007; ATTACHMENT #,,J,,-TO Information Report No. 04-10 REPORT # PQ Page 5 73 • Review of Sustainability Report, prepared by Sernas Associates, dated June 19, 2009; • Stage 2-3 Archaeological Assessment Report, prepared by Archaeological Assessments Ltd., dated February 2005; 6.3 Owner/Applicant Information - the owner of the subject lands is ORC; - the applications have been submitted by Dayna Gilbert of Sernas Associates on behalf of ORC; - ORC representatives for these applications are Graham Martin and Ash Kothiyal. ,ORIGINAL SIGNED BY Ross Pym, MCIP, RPP (Acting) Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development ATTACHMENT #~TO 7 4 REPORT # PD Z2-Id Appendix No. I to Information Report No. 04-10 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) Durham District School Board (2) Enbridge Gas Distribution (3) Rogers Cable (4) Hydro One Networks (5) Greater Toronto Airport Authority (6) Veridian Connections, and (7) Bell Commenting City Departments (1) none received to date ATTACHMENT # TO 2-18 REi'OR1 # Excerpts from City co Planning & Development Committee Meeting Minutes Tuesday, April 6, 2010 7:30 pm - Council Chambers 75 Chair: Councillor Pickles (II) PART 'A' INFORMATION REPORTS 1. _ Draft Plan of Subdivision SP-2009-15 Zoning By-law Amendment Application A 17/09 Ontario Realty Corporation Part Lot 18, Concession 3 City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ross Pym, (Acting) Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. He also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, (Acting) Manager, Development Review, gave an overview of zoning amendment application A 17/09. No members of the public. were in attendance at the public information meeting to speak in support or opposition to the application. 1 ATTACHMENT 6_ _,_,T0 REPORT # PD_2 -/0 76 April 14, 2010 Ross Pym, MCIP, RPP Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1V 6K7 The Regional Municipality Mr. Pym: of Durham Planning Department Re: Regional Comments for Duffin Heights Plan of Subdivision 605 ROSSLAND ROAD 'E Application S-P-2009-15 (ORC School Block) . 4T" FLOOR P.O. BOX 623 WHITBY, L1N 6A3 (905)668-77 7711 We have reviewed the above-noted plan of subdivision to create an . Fax: (905) 666-6208 catholic school block on lands within the Duffin Heights Neighbourhood. E-mail: planning@ The following comments are offered for your consideration. region.du rham.on.ca. www.region.durham.on.ca Realonal Official Plan A.L. Georgieff, MCIP, RPP Commissioner of Planning The lands are designated "Living Area" in the Regional Official Plan. Schools are permitted within "Living Areas." Growth Plan The subject lands are within the built boundary of the Growth Plan. Growth Plan policies encourage cities to develop as complete communities with investments in community infrastructure, including schools. Multi-modal access to schools is also encouraged. Walking, cycling, bus and automobile transportation modes should be considered during site plan design. Other Provincial Policies and Delegated Review Responsibilities Environmental Protection A Phase 1 Environmental Site Assessment, prepared by Marshall Macklin Monaghan Limited, was undertaken for a number of ORC owned parcels in Pickering. The subject lands are part of parcel number 121 in the report. The ESA identifies three environmental issues with parcel 121 including fuel stored in aboveground storage tanks, golf course fill on portions of the site and stored fertilizer and oil in an onsite maintenance shed. The report suggests that the potential for adverse impacts on the subject property is considered to be low. No further study was recommended. "Service Excellence for our Communities" ATTACHMENT # _(Q TO REPOR? # PD z,/L1 - 77 A reliance letter for Phase I ESA's is required. A copy of the Region's standard reliance letter can be obtained by contacting this department and should be signed by a qualified person. Alternatively, a Record of Site Condition may be submitted to the Ministry of Environment. Archeological An Archeological Assessment report, prepared by Archeological Assessment Limited, does not identify any significant archeological resources on the subject lands. The report was submitted to the Ministry of Culture (MCL) for review. MCL indicated that they concur with the conclusions in the report. The. Archeological Assessment report indicates that there are two archeological sites in the vicinity of the subject lands. The report suggests that'Historic Site #1' (AIGs-181) is not considered to be a significant site and is not a planning concern. 'The `Fairway Site' (AIGs- 283) represents a significant archaeological resource and a planning concern. Development on the subject lands should avoid disturbing the `Fairway Site'. Natural Heritage The subject lands are adjacent to a creek tributary and the Toronto and Region Conservation Authority (TRCA) regulation limit. Regard should be had for comments from TRCA to ensure sufficient setback from natural and hydrogeological features. Regional Services Water Supply The subject lands are within the planned Zone 2 pressure district and water supply is dependent on the following works: i. Construction of a 1200 mm diameter Zone 1 feedermain on Brock Road, Dersan Street and Tillings Road from Rossland Road to a Zone 1 reservoir site in Seaton. ii. Construction of a Zone 2 booster pumping station on Dersan Street in Duffin Heights. iii. Construction of Zone 2 watermains from the Zone 2 booster pumping station to the subject lands. ATTACHMENT #--.k-TO 7 H REPORT # PD 22-Js Sanitary Sewerage Sanitary sewer service is dependent on the extension of the Central Duffin collector trunk sanitary sewer on Valley Farm Road and construction of a sanitary sewer pumping station and forcemain. The Regional Works Department has been coordinating with Duffin Heights landowners to provide sanitary sewer and municipal water supply services in Duffin Heights. Based on the foregoing, the Region has no objection to draft approval of this plan. The attached conditions of approval. are to be satisfied prior to clearance by the Region for registration of the plan. Please contact me should you have any questions or require additional information regarding this matter. . Gm Dwayne Carrfpbell, M.C.I. R.P.P. Project Planner - Current Planning cc. Peter Castellan - Works Department Donna Gilbert - Sernas Associates ATTACHMENT # To REPORT # PD-2-2---L6-- 79 Attachment to letter dated April 14, 2010 Conditions of Draft Approval for S-P-2009-15 1. The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision, prepared by Sernas Associates, identified as Project No. 07242, which illustrates one block for a catholic school. 2. Prior to final approval, the Owner is required to submit a reliance letter to the satisfaction of the Region or submit a Record of Site Condition (RSC) to the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an acknowledgement of receipt by the MOE. 3. The Owner shall grant to the Region, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. 4. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 5. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 6. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. ATTACHMENT TO AND REGION REPORT # PD~L G - /0 TORONTO onservat~on RECEIVED for The Living City April 13, 2010 APR 1 6 2010 CFN 42722 BY E-MAIL AND MAIL CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Ross Pym, MCIP, RPR Manager (Acting), Development Review Planning & Development Department City of Pickering One The Esplanade Pickering, ON L1 V 61<7 Dear Mr. Pym: Re: Zoning Bylaw Amendment A 017/09 Draft Plan of Subdivision S-P-2009-15 Duff in Heights Community, City of Pickering Ontario Realty Corporation Thank you for the opportunity to review the following documents submitted in support of the proposed Zoning Bylaw Amendment and Draft Plan of Subdivision applications: • Drawing No. DP-1, Draft Plan of Subdivision, prepared by Sernas Associates, dated June 10, 2009, received July 20, 2009. We offer the following comments. Our Understanding of the Application We understand that the proposal is for a single block for a school site. The subject property is located within the Duffin Heights neighbourhood and is subject to OPA 09/001 P, the Duffin Heights Neighborhood Urban Design Guidelines and the Duffin Heights ESP to be revised shortly. Monitoring .The ESP requires that the Duffin Heights Landowner Group to provide initial seed funding of $100,000 to the TRCA to implement the watershed system monitoring and management program, and $40,000 to the City of Pickering to implement invasive species management, prior to the draft approval of the first development application. The monitoring program was initiated in 2008. TRCA staff acceptance of the approval of proposed Zoning Bylaw Amendment and Conditions of Draft Plan of Subdivision are contingent upon the receipt of this agreed-upon, funding for, the monitoring program. Conditions of Draft Plan of Subdivision Approval 1. Prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the owner shall submit the following to The Toronto and Region Conservation Authority and the City of Pickering for review and approval: G:\Home\Public\Development Services\Dwrham Region\Pickering\orc school dUflin hCight?_I dOC Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca Me~y9 ATTACHMENT 7 TO REPORT # PD-42- -/D Ross Pym - Page 2 of 3 - April 13 2010 8 a. A revised FSSR consistent with the Duffin Heights ESP as approved by TRCA and City of Pickering; b. The FSSR shall include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; V. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended, vi. plans illustrating how the design of SWM facility considers wildlife passages and innovative design features such as wetland forebays and outlets. C. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among others, how all vegetation in the natural heritage system will be protected from grading and construction impacts. 2. The owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 3. The owner shall enter into an agreement with the City of Pickering committing to undertake the Mitigation Measures and Best Management Practices Monitoring Program as required in the ESP. 4. The owner shall provide a letter of credit to the City of Pickering for the full cost of the implementation of the plans identified in Condition No. 3. 5. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition No. 1; b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; G:\Homc\Puhlic\Development Services"Durham Region' Pickering`•orr school (lit lrin height. I.doc ATTACHMENT #_-7-TO REPORT # PD_Z2-IL) 82 Ross Pym - Page 3 of 3 - April 13, 2010 C. To design and implement on site erosion and sediment control; d. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; f. To implement all water balance/infiltration measures identified in the approved FSSR; 6. The owner shall provide a total of $ [as determined by City of Pickering] contribution , to the Fish Habitat Restoration Fund administered by the City for restoring fish habitats as identified in the ESP in consultation with the TRCA. 7. That the Draft Plan of Subdivision be red-line revised in order to meet the requirements of the TRCA's conditions, if necessary. The owner will be required to provide a TRCA clearance fee prior to TRCA clearing any of the Draft Plan conditions. The'current clearance fee effective January 8, 2010 is $3,520 and is subject to change. Please feel free to contact me if you have any questions or if clarifications are required. Sincere teven H. Heuchert, MCIP, RPP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc: Dana Gilbert, Sernas (via e-mail) Andrea Keeping, Sernas (via e-mail) Grant McGregor, City of Pickering (via e-mail) Bob Starr, City of Pickering (via e-mail) Marilee Gadzovski, City of Pickering (via e-mail) Scott Jarvie, TRCA G:\I-tome\PubIic\Development Services\Durham Re gion\Pickering\orc school JulTin heights- I J nc ATTACW, E~JIT # 8 TO DISTR/Crs REPORI # PD_ U~ ctio Durham Catholic District School Board _ 0 ~o o. April 13, 2010 RECEIVED Ross Pym, MCIP, RPP Principal Planner - Development Review AN 1 6 2010 Planning & Development Department : City of Pickering PLANNING & DEVELOPMENT One The Esplanade DEPARTMENT Pickering, Ontario. L1V 6K7 RE: DRAFT PLAN OF SUBDIVISION SP-2009-15 ZONING BY-LAW AMENDMENT APPLICATION A 17109 ONTARIO REALTY CORPORATION PART OF LOT 18, CONCESSION 3 CITY OF PICKERING Planning Staff at the Durham Catholic District School Board have reviewed Draft Plan of Subdivision SP-2009.-15 and Zoning By-Law Amendment Application A 17/09. The Board has no objections to the plan's proposal to designate lands as a Catholic Elementary School Site. • If you have any further questions or concerns, please feel free to contact me at extension 2211 Yours truly, L. Jody Dale Assistant Planner Durham Catholic District School Board c.c Dana Gilbert, Sernas Associates 650 Rossland Road West, Oshawa, Ontario W X4 Tel 905 576-6150 Toll Free 1 877 482-0722 www.dcdsb.ca Paul Pulia B. 8a, B. Ed., MSc. Ed. Director of Education / Secretary / Treasurer „TTACHNIENT# TO 8 4 REPORT # PQ VLXCT SC yip August 6, 2009 Q l RECEIVED o~ 1',U 1 2.009 CITY OF PIC KERINI G The City of Pickering PLANNING & DEVELOPMENT Tom- Planning Dept., Pickering Civic Centre DEPARTMENT I"'Ca"`owaa` One The Esplanade Pickering, ON Facilities Services Ll V 6K7 400 Taunton Road East Whitby, Ontario Attention: Mr. Ross Pym L1R2K6 Telephone: (905) 666-5500 1-800-265-3968 Fax: (905) 666-6439 Dear Mr. Pym, RE: Draft Plan of Subdivision SP-2009-15 DCDSB Site Zoning By-law Amendment Application A17/09 Ontario Realty Corporation Part Lot 18, Concession 3 City of Pickering Staff has reviewed the information on the above noted and, under the mandate of the Durham District School Board, have no objections. Yours truly, Christine Nancekivell, Senior. Planner I: I PROPLANI DA TA IPLNGISUBISP2009- I5.DOC ATTACHMENT # TO REPORT # PD_ ENBR/DGE' 8 5 ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1138 AUGUST 20T"; 2009 Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 ' ~ Y uL'. 4ll FFJ ROSS PYM, MCIP, RPP PRINCIPAL PLANNER CITY OF PICKERING;„ PICKERING CIVIC COMPLEX ONE THE ESPLANADE PICKERING ON L1 V 6K7 Dear Sirs: RE: DRAFT PLAN OF SUBDIVISION SP-2009-15. ZONING BY-LAW AMENDMENT APPLICATION A 17/09 ONTARIO REALTY CORPORATION PART LOT 18 CONCESSION 3 CITY OF PICKERING Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. Yours truly, Tony Ciccone Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758-4374 - FAX TC: ATTACHMENT # TO 8 6 REPOR7 # PD Z /o ROGERS" ►\A CABLE July 29, 2009 Mr. Ross Pym Planning & Development Department City of Pickering, Ontario Dear Mr. Pym: Re: Draft Plan of Subdivision SP-2009-15 Rogers Cable Communications Inc. ("Rogers") has reviewed the application for the above Site Plan and has determined that it intends to provide cable and telecommunications services. Accordingly, we request that municipal approval be granted subject to the following conditions: (1) Prior to Site Plan approval, the Developer/Owner will, at its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Site Plan (collectively, the "Communications Service Providers"). Immediately following registration of the Site Plan , the Developer/Owner will cause these documents to be registered on title. (2) Prior to Site Plan approval, the Developer/Owner will, with consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Site Plan, as well as the timing and phasing of installation. In addition, we kindly request to, where possible, receive copies of the following documents: (1) the comments received from any of the Communications Service Providers during circulation; (2) the proposed conditions of draft approval as prepared by municipal planners prior to their consideration by Council or any of its committees; and (3) the planners' report recommending draft approval before it goes to Council or any of its committees. I ATTACHMENT TO REPORT # PD!: 8 Page 2 Should you require further information or have any questions, please do not hesitate to contact me at 905-436-4136. Sincerely, Bernie Visser System Planner I'~ . H H ATTAOHNJkENT # 12- TO REPURT # PD 2L Hydro One Networks Inc. Facilities & Real Estate P.O. Box 4300 Markham, ON L3R 5Z5 hydroQ~ www.HydroOne.com Courier; one 185 Clegg Road Markham, ON L6G 1 B7 September 2, 2009 Via E-mail Only Mr. Ross Pym, Planner Planning & Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON LiV 6K7 Dear Mr. Pym Draft Plan of Subdivision Ontario Realty Corporation Part of Lot 18, Conc 3 (Twp of Pickering) now City of Pickering File: SP-2009-15 (ZBA- A 17/09) Please be advised that Hydro One Networks Inc. ("HONI") has no objection in principle to the proposed plan of subdivision, provided the following are included as conditions of draft approval: I . Prior to final approval, a copy of the lot grading and drainage plan, showing existing and final grades, must be submitted to HONI for review and approval. 2. Any development in conjunction with the subdivision must not block vehicular access to any FIONI facilities located on the right of way. During construction, there will be no storage of materials or mounding of earth, snow or other debris on the right-of-way. 3. The subdivider shall make arrangements satisfactory to HONI for the crossing of the hydro right- of-way by any future walkways or paths. The proponent should contact Maria Agnew to discuss such proposals. Maria can be reached at (905) 946-6275. 4. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. 5. The easement rights of HONI and its legal predecessors are to be protected and maintained. In addition, it is requested thauthe following be added as a Note to the Conditions of Draft Approval. 1. The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health . and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 W conductor. The distance fd230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. cont'd Main: 1.888-231-6657 Low Voltage Rights: 1.800-387-1946 1 ATTACHMENT ? TO REPUR~ # PQ ZZ-/D 89 -2- I trust this is satisfactory. If you have any questions please call me at your convenience at the number below. Yours Truly Laura Giunta Real Estate Assistant-- Planning Real Estate Services Hydro One Networks Inc. 905-946-6235 cc Maria Agnew - Senior Real Estate Coordinator - Hydro One i i i i 1 I y t IU f -G1- YJJ YJJ : °31 rrsVl'J- ! -YJJ1 rviviL{ vivm r -Lzio ATTACHMENT # /3 TO 9 0 REPORT # PD 2 -/U Greater Toronto Airports Authority Lester B. Pearson International Airport P.O. Box 6031, 3111 Convair Drive Toronto AMF, Ontario, Canada L5P 1B2 GTAA Airport Planning Olga Smid Superintendent, Land Use Planning Tel: (416) 776-7355 Fax: (416) 776-4168 (Transmitted via Facsimile 905420-7648) July 20, 2009 Mr. Ross Pym Principal Planner - Development Review City of Pickering - Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario l IV 6K7 Dear Mr. Pym. RE: Draft Plan of Subdivision SP-2009-15 Zoning By-law Amendment Application A. 17/09 Ontario Realty Corporation part Lot 18, Concession 3 City of picketing Thank you for providing. the Greater Toronto Airports Authority (GTAA) with a copy of the above-noted applications. We have reviewed the proposal to develop a Catholic Elementary school on the subject property in an area that is designated as "Mixed Corridors, Medium Density Residential & Open Space" in the Pickering Official Plan, and offer the follo'w'ing comments: The GTAA released its Draft Plan for the Pickering Airport Lands in November 2004. The Draft Plan proposed that the prohibition of sensitive land uses be defined by the 25 NEF contour for the GTAA's proposed runway configuration. This is consistent with Transport Canada's 2005 revision to its guideline for "land Use in the Vicinity of Airports" (Publication TP 1247E) to recognize the 25 NEF as the standard for new airports. The subject property is located outside of the 25 NEF Noise contour for the proposed airport. W f G1 WJ VJ. Y1 VBUL I- 1 YJJ1 1 V1JJ/ VJVJJ L- L'SU ATTACHMENT # /3. TO REPORT # PD-22-1 9 Mr. Ross Pyrrm July 20, 2009 - page 2 GTAA If the airport proceeds, further refinements to the runway configuration recommended in the Draft Plan may be necessary as new environmental and operational/engineering information becomes available, either through the environmental assessment process or during design of the facilities. Such refinements could potentially alter the location of the 25 N'EF contour, However, it is our position that the location of the property owned by. Ontario. Realty Corporation and located on Part of Lot 18, Concession 3 in the City of Pickering, is unlikely to be impacted by changes to the 25 NEF contour resulting from potential refinements to the proposed runway layout. The GTAA therefore has no objection to the future proposed development of a Catholic Elementary school on the site. If you have any questions, please feel free to contact Kathryn Tracey'-Leitch, Senior Land Use Planner, at 416-7764012. Yours very truly, GREATER TORONTO AIRPORTS AUTHORITY Olga Smid Superintedent, Land Use Planning 0 FSC Mhmd Soumes gym.. xee..n.exc., ' OiMhhn4•a..iwA ' ATTACHMENT #-A4TO 92 REPORT # PD 22 -10 .L N ~~"RIDII~N DEVELOMM-NT APPLICATION REtio =aMINECT.0 JS IO c.D Ii7-1<a r.-n~dment I " on - preftPla~ ~f ~ub_1i4~ ~ aai .~onifl~ ~ Tatar -3 Realty ( :rpora( PROJECT MAIL: pfo-3o5al CiThaLcFJea~ ' Schc-o Sits 0 ADI)RBSSJFLAN: Pa-[ Lot 1 onaef n 5 N N MUNICIPALITY: Pickcr*3 - 3 SUBWSSION DATE: iul^ iS 11]~~i m A 17j0*)- G "F NO- sZ re+ uirs~eat6 the ~1Fp aa? i> h1:~~ to mb'[ ordez -o'k'-L m a -cmpie?c N Tbr f-.R- x-ingis 3~7 avr.".1e7PO. t~E1e i -tb cs 2.aj w- -in ~e aila hece s~t•ii~~cn~ s~uu~e to~t>< sees-~7t3d 'S rr Al eamtacnts ~w ire based on ele`trcal Fo ver Eapl]y s7slc~ to I) ax -Li -i e'ru!se+rentG terand ap~ ms %ndLeoaditia=s boi the psori3:on cf VkCLE ttrc3ce- - C~nslit>cDa ofScr.~ice dLCwp the _nU rep: eye co's nc•1 r.astittle as C,. fcr to Curnect. 1 F~ce~c s~K~ ~s not rnet°nt11 a.sarble on 3= PD-3d ~oR:aECr.;s; cir~ctlr adjs t t"n t~i• p[~pe-[y sej egad a .3umece d•Tec, od wear to the school and Z`erdan's supFlp vvh age cing nyll ~e fr" -jr- the prop o Srr•r: wilt be !it 27.6'tV' . 11 a tpp'xaar (tom ecrj to/rnust• prorijF acco~mo"&Ll ion on site for Velki-'s ? "r7 Qutd>=.nr p;jano-mt in s S~ 6m ck~ area t~~l access~le ty he~~ehic_es. ~ x 3. sepa ?e zoom uid_ outside se=as s wgUired to ar•-Zw-mO:L 4 ~:ridisn's me Z O d cable sfttem is =a~aed form the dcatg~d soPl']Y 4 _3 },;ghvkA age coacrzte rnr~ed <]uctedrada7'underLxouo pcict(s) at the prciyiosed 3d7Jaeen_2osd .o a tVMS-Ocmrr _o-ar-on(s) on 1_ie E•so?erty, all e. tke.kpplicant': oost_ 3. An di_reclianal borcd or opca cnt u-Tdc~grxuaj toad crcra n3 may l;e required llie n Kph ~t ~ b- x~ss~ to oa[upkv- his ware and coscr all mm- ;~r•ciatcd with *is sequirem?ut. E. The ppN rant mint make cuc'ct ~f1oY~[ioc tc ridisa for r ec riral serica7, ss s ~ tared faWd o_ cmuI::C,.r-St.Wi V=33ir Vczid~ tu'>Egia1Ee-workacoe_sarl" to idcnffq s c e01 Wra•.gemmu andzelated-Ao,TL- fo-$is -makct, aml t:; make m Offer to Cannmt. 'the 4pscan7 l3 strcn107 encouagrj tij eugag_ as dexaca] MM -A.xat oc a tc-riri ax -a- otdiuat° sen-tc_ &maus_ The appli-m<t is cauien-d bat .c xle_s, ;rent-sets; cr w•xdk they m..r iaiE;.te prier to _be-a Off r u t - fr.nx V~dim-i -nap -&=m x-aFiirn wi6 Il ie ante of aid dcr~ s of the churical scrvi6ng ° Connect for w uic.lVrE& can l:ear no res•mnsibilit_^• T "_lie elmtsica_ instaJati=a;s) frx?n I mE Fu'~Ec raid m.iowm ? tr. the semce ea-santm as d 2111metezng 2-w-6nmcn-:s inus- comply-mith Vzri&wi's Teq-ixcmmts acd spBdFca•ikms and may Am be- bu' jstto the Tegae.-nmts of the Eleurical SaEry'!utbcsir;. 'T 0 fV ATTACHMIENT # n A TO t i REPORT # PD___Z2 /U kpplizxt 'mu be ieryirm tz) Sant to V ndian a si -Amd oc:Lpation ~s ruenl: r istr an tiEe, 6a ~:ritth,-~ 9 3 9. prarto s,rer no ~e t siscc,-h_ ApEltcfnt at •ac~ct(s)/o Lvp~j(s) oftLe 5+r al ptxciKc oust a+Pplr . for any I N an e_TeV' 2CC43WLE is •31dc_ to secei+e elect,ical cn?rg' u-dse}rited sc V,ceY, M3 to cgm3Lsh ocgorug paTmmt N arranxjncn[t. O O f E. W EEtC crane; ar mS=e><i ]2nd ng egt_t f.,meut or woreets mudt worzsn jx xtmit; to misting or.~eihcsd ;r, S. I CO risk of c,is-&Ct C-1 comagwbin tx Lscie; of rpEsoa•:h,Th_ Appliclut ;ja]Lps, s7 •~:sts frrrrh~ -rI e[117D18I9 ieiz:catica, tmiAor other--cwcc&n r rJhevices. aU-f.aie:,MC otbei 2PCfUW. is dCanednoccssaT.167 i eed nto provide Er.•sr:7.il:er aatety M-.d the sc•yun~ a$ I].e cJecniLat spstem. O ~ca 11. i anr:ciping, bp°rificaR 7ccs. sbruhs, ma utLers lttxd3 belacatcd!rwv from exiLi !i 1--dboase N Sw.jrhg= to eucir=. i-,r~enez`rir3 NI,ripmst aecesS. N 12 Veasdi3a w,1 not attend hedul-il Ci' ofI'jcl=erng'7aA _Nfmling br plus De^d•.YpmenC 3 c Vcudrtn b<E co otjtxtia~ to the psoposej dtve.opment. ?1?a :licit dL_ 'pFlicsttt '+f c~oase_ ~'ctidi~n as CD fooL as siting is Contemp!<tcHi 4L n crps>>rr, p]EaSe forward a COW G{ first sulbm stiem evil desi~ t~ ',7tridiar-. pieme nett t:sat 3n 1)ff= 3 Cc-ccc mus. be comr1leind it leas: twee ME (n) moeth s puo= to ta_. tlteicc LIirVJ Ae~:.tical s=>iZing d<le. w 14. O-hts Flectacal -.3pplr to this s:ho•al blo k vrl hV ot:si to ixn_per<ted is par: o= o-/mrajL Cl=bdcai servicing :or tLi are;i. r TezELcalRe~mesen:alite-. Dm--J Ssm;d T1eT►ne: Ext 3L26t 1'P!df K~,Ternc3`,ll kr.-natlpp]i 6DFRem°wil)I+Sunicipahtcs-Ac:tisa]JA ~ 15,rXB.doc . x z O -v O w ATTACHMENT # TO 94 Development & Municipal Services Control Centre B d I Floor 5, 100 Borough Drive Scarborough, Ontario Ml P 4W2 IRA? E Tel: 416-296-6291 Toll-Free: 1-800-748-6284 Fax: 416-296-0520 AUG 12 2009 August 6, 2009 OF: P'P~F1W ENT Town of Pickering TINNING & DEVE~.p DEPAB7_10ENT Planning Department 1 The Esplanade Pickering, Ontario L1V 6K7 Attention: Ross Pym Dear Sir/Madam: RE: Draft Plan of Subdivision Brock Road Your File No: SP-2009-15, A 17/09 "Bell File No: 44609 Further to our comments of July 28, 2009 Bell Canada is pleased to provide the following additional comments. A detailed review of the Draft Plan of Subdivision has been completed. The following paragraph(s) are to be included as Conditions of Draft Plan of Subdivision Approval: 1. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 2. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such es or easements. ATTACHMENT 15 TO REPORT # PD 2 2 =o 95 3. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. Should you have any questions please contact Janice M. McConkey at 416-296-6430. Yours truly 2 nn La hapelle, MC RPP anager - Development & Municipal Services, Ontario r ATTACHMENT # /6 'TO REPORT # PD 2-/~ 9q~ 4 PICKERIN~ Memo To: Ross Pym June 1.7, 2010, (Acting) Manager, Development Review From: Robert Starr Manager, Development Control Copy: N/A Subject: Draft Plan of Subdivision SP-2009-15' Zoning By-law Amendment Application A-17/09 Ontario Realty Corporation Partlot 18, Concession 3 Duffin Heights A subdivision agreement and a construction management plan will be required to address development of the, site. The subdivision agreement will address, but not be limited to: road construction, easements, fencing, traffic management, off-site works, and cost sharing. Servicing requirements need to be in accordance with the Environmental Servicing Plan for Duffin Heights and an approved Functional Servicing and Stormwater Report. i RS:jlm J:\Documents\Development Control\BOBSTARR\memos\applications\zoning amendment\A 17-09 ORC School Block.doc i \ cis Report To Planning & Development PICKERING Committee ReportNumber: PD 24-10 Date: July 5, 2010 97 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation TM Mobile Inc. (Telus) Lease of City lands located on unopened Road Allowance - Sideline 16 (North side of Old Taunton Road, East of Brock Road) Duffin Heights Neighbourhood City of Pickering Recommendation: 1. That Report PD 24-10 of the Director, Planning & Development be received; 2. That the Mayor and the Clerk be authorized to execute a lease agreement with TM Mobile Inc. (Telus) substantially on the terms set out in this Report, and to the satisfaction of the Director, Corporate Services & Treasurer and the Solicitor for the City; 3. That the Director, Planning & Development be authorized to provide Industry Canada with a letter-of support for this Cell Tower installation, located on unopened road allowance (Sideline16) on the north side of Old Taunton Road, east of Brock Road, following execution of a lease agreement; and, 4. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: TM Mobile Inc. (Telus) currently provides cellular communication service from an existing 60 metre high cell tower located at 1755 Old Taunton "Road (William Jackson Drive). City Council supported the installation of the tower in 1999 with a condition that Telus enter into an agreement with the City respecting the removal of the tower at such time as the subject lands are proposed for redevelopment. The lands supporting the existing tower are now contained within the Lebovic draft plan of subdivision within the Duffin Heights Neighbourhood, recently approved by the Ontario Municipal Board for residential development. Consequently, it is necessary that the existing facility be removed. Report PD 24-10 July 5, 2010 Subject: Proposed Wireless Cell Tower Installation Page 2 98 Telus is proposing to remove the existing installation and construct a 65 metre high tri-pole cellular tower on lands designated "Open Space System - Natural Area" owned by the City located nearby on the north side of Old Taunton Road just west of the intersection with Taunton Road. The site is a section of unopened road allowance, Formally Sideline 16. The proposed site is located approximately 600 metres east of the current tower and comprises an area of approximately 0.08 ha. (see Location Map, Attachment #1). Staff support the lease of City lands for this purpose at this location for a term of ten years (with one ten year right of extension) and at an annual rate of $20,000 plus HST. Removal of the current installation will facilitate the implementation of development in the Duffin Heights Neighbourhood, allow residentially designated lands to be used more efficiently, and the new installation will provide service to both new residents and the Durham Region Police Services. Further, funds generated through the lease of the lands will assist the City financially. The terms of the lease are generally consistent with a recent lease entered into by the City for a similar installation. Staff generally supports the terms and conditions contained in the proposed lease, subject to review and approval by the Director, Corporate Services & Treasurer and the Solicitor for the City to ensure the City's interests are protected. Financial Implications: Telus has agreed to pay the City an annual rate of $20,000 plus HST for each of the 10 years of the term of the lease. Sustainability Implications: Maintenance of the wireless coverage at this location will provide existing and future business and community communication capability and will ensure that the Durham Regional Police communications network remains undisturbed. 1.0 Background: 1.1 Removal and Relocation of the Existing Tower was Previously Contemplated Telus currently provides cellular communication services from an existing cell tower located at 1755 Old Taunton Road (William Jackson Drive) now owned by Lebovic Enterprises Limited. The tower was constructed in 1999 at a time when development in the Duffin Heights Neighbourhood was a more distant consideration. This facility also serves as part of the Durham Regional Police Services network. Report PD 24-10 July 5, 2010 Subject: Proposed Wireless Cell Tower Installation Page 3 9 The City supported the installation of the tower with a condition that Telus enter into an agreement with the City respecting the removal of the tower at such time as the lands are proposed for redevelopment. The lands covered by the agreement have recently been approved for residential development by Order of the Ontario Municipal Board (dated February 4, 2010) which approved a Draft Plan of Subdivision SP-2008-08 and Zoning By-law Amendment A 16/08 with the City's support. In accordance with the spirit of the registered agreement, the City sent a letter to Telus on March 9, 2010 requesting that the tower be removed. 1.2 Telus is Proposing to Reconstruct a Tower on Nearby Lands Owned by the City Telus approached the City to discuss opportunities to construct a new tower in the immediate area, as this location is important to its coverage area with particular emphasis on the communication service provided to Durham Regional Police Services. Staff reviewed land holdings in the Duffin Heights Neighbourhood and provided Telus with potential sites that would not interfere with future neighbourhood development plans. Telus selected a site on lands owned by the City and designated "Open Space System - Natural Area", being. part of an unopened road allowance (Sideline 16) on the north side of Old Taunton Road. This site meets Telus technical requirements and is proposed to support a 65 metre high tri-pole cellular tower and associated equipment compound (see Applicant's Submitted Site Plan and Proposed Cell Tower Elevation, Attachments #2 and #3). Staff have recommended to Telus, that should City Council authorize the installation; that the tower be painted white in colour to mitigate the impact of its appearance. 1.3 Use of Sideline 16 for Municipal Road Purposes is not anticipated The unopened road allowance known as Sideline 16 (between Old Taunton Road and Taunton Road) is currently vacant. Access to the site is provided from Old Taunton Road (William Jackson Drive). Improvements to the unopened road allowance will consist of a gravel access only to the extent necessary to accommodate vehicles required to service and install the cell tower facility. This access road will be gated at the compound. Staff have confirmed that improvements to Sideline 16 to municipal standards are not proposed or recommended. 1.4 Co-location opportunities have been examined The only facility identified in the immediate area that could potentially accommodate Telus needs is located on the south side of Old Taunton Road, close to its intersection with Taunton Road. Telus has confirmed that this installation was investigated and cannot accommodate its equipment or meet its technical requirements. i Report PD 24-10 July 5, 2010 Subject: Proposed Wireless Cell Tower Installation Page 4 100 In order to reduce the need for additional towers, staff requested that Telus make provision for this proposed facility to accommodate additional carrier(s). Telus has confirmed that this structure has been designed to accommodate an additional carrier. A specific request was made to Telus to initiate a contact with Bell Mobility, which currently has a tower located on 2695 Brock Road (Kahn Auction Barn), to discuss the opportunity to co-locate the Bell equipment on this new tower. Telus advise that it contacted Bell but they declined due to the length of their current lease. Staff will continue discussions with Bell Mobility as the continued existence of a tower on the Kahn Auction Barn lands may impact the development of this area of the Duffin Heights Neighbourhood as set out in the Council approved plan. Telus remains willing to accommodate a co-location with Bell or another carrier. 1.5 Telus is required to,conduct Public notification of this proposal Even though Telus currently operates a cell tower facility in the immediate area, Industry Canada has confirmed the proponent must follow the requirements for public consultation. The Planning & Development Department is currently in the process of developing a protocol respecting the installation of antenna facilities for Council's consideration. In the absence of a City protocol the Land Use Consultation Process defaults to Industry Canada's Spectrum Management and Telecommunications CPC (Client Procedures Circular) 2-0-03 Issue 4. The Industry Canada requirements for Public consultation require the proponent to consult with the land use authority, and the public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. Based on the proposed 65 metre tower height, the proposed installation would require notification to three adjoining property owners. Further, as this proposed installation exceeds 30 metres in height, Industry Canada requires the proponent to place of a notice in a local community newspaper circulating in the proposed area. Telus has confirmed that it has not yet initiated public consultation. Proponents typically do not commence a public. notification process until they have secured an agreement with the landowner. 1.6 Staff Support the Proposed Terms of the Lease Telus provided a draft of the proposed lease for the City's review, and has agreed to pay the City an annual rate of $20,000 plus HST for each of the 10 years of the term of the lease, with an additional 10 year extension to be exercised at the discretion of Telus. A copy of the proposed lease is attached to this report (see Proposed Lease - Attachment #4). The lease is generally consistent with a recent lease entered into by the City for a similar installation. The proposed terms and conditions (other than remuneration) must still be reviewed and approved by the Director, Corporate Services & Treasurer and the Solicitor for the City prior to execution, should Council approve to lease the lands for this purpose. i Report PD 24-10 July 5, 2010 Subject: Proposed Wireless Cell Tower Installation Page 5 Attachments: 1. Location Map 2. Applicant's Proposed Site Plan 3. Applicant's Proposed Cell Tower Elevation 4. Proposed Lease Agreement in Y: Approved/Endorsed By: r Neil Carr - Site Planning Director, PI g & Development Richa d Holbor Everett untsma Divi 'on Head, Engineering Services Director, Operations & Emergency Services TB:ld Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Recommended for the consideration of Picker' City ncil. Ae 4 J,"e 22 Zo1O Tony revedel, P. Eng. Chief Administrative Officer i ATTACHMENT # TO 10 2 REPORT # PD y-~d L~ ~O ti /PO I Fp RgR0Ck PROPOSED C LLULA TOWER TION t• CURRENT CELLULAR TO R LOCATION 0 Q ° • CURRENT BELL MOBILITY Y CELLULAR TOWER o KAHN AUCTIONS) M City of Pickering Planning & Development Department PROPERTY DESCRIPTION Sideline 16 Road Allowance Duffin Heights OWNER various DATE June 17, 2010 DRAWN BY JB FILE No. Cellular Tower Re-location SCALE 1:5000 CHECKED BY DB H oTerane tr~Enterprieee Inc. ontl its suppliers4.. All rights Reservetl. Not a plon o/ e„rvey. PN-15 2005 MPAC ontl it. suppliers. All ri hts rvetl. Not o plon o/ Survey. i IJTACHIMENT # 2- TO R,ENOR? # PD_ Z!Y Information Compiled from Applicants Submitted Plan - 1 O 3 Telus Mobility Cellular Tower Re-location 40R-14509 \ ON 4 LOT 16, C, O ~ v J = ^ CD O ~ l!7 O I 2 E 2 Z 2 Q ~ GM\\ a 2 2 \ J M Z ~\AP Q W A M \ 9~ - cam W m a \ ~oG2 ~ in a ~ 9P L 0 0.41IA ? \ a \ 00. DIA a ~w O ~ \ J ti \1 Q 8.51 U PROPOSED 7.1+/- TREES TELUS AND BUSH OMPOUN Q o~ Qo~ ART 4, PLAN 40R-14509 ti SUB✓EC TO EASEMENT AS IN INSL No. DI W (y ~ ? O D a .50 s 52 BOTTOM OF DITCH ~ o GAS TEST LE o 0 0.3 CIA m z TOP OF DITCH 10P OF DITCH HP E GM gH6M 9 ;AS TEST L AD C OF DITCH c~ f P-6F-9tTCH-- TOP OF DITCH EDGE OF GRAVEL EDGE OF GRAVEL CE EDGE ETWEEN OF CONCES NS 3 ASPHALT off. C L RHFgO R A :NT AS IN Ro INST. this mop was produced by the City of Pckerinq, Plonninq & Development Deportment, ln/ormotion & Support Services, June 17, 2010 1 ATTACHMENT # TO 1 0 4 REPORT # PD INFORMATION COMPILED FROM APPLICANTS SUBMITTED CELLULAR TOWER ELEVATION PLAN I t 2 65.00m o 4 5 e 5000 c/C O.Om THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, June 16, 2010. i ATTACHMENT # TO Applicant's Proposed Lease REPC)RI # PD File: ON0923 Without Appendices 105 SITE LEASE This Lease is made on this 13th day of April, 2010 BETWEEN: The Corporation of the City of Pickering (the "Lessor") and TM Mobile Inc. ("TELUS") The Lessor represents and warrants that it is the owner or lessee of the real property described in Schedule "A" (the "Premises") or is the duly authorized agent of such owner or lessee and has the authority to enter into this Lease. The Lessor has agreed to grant to TELUS a lease of a portion of the Premises, being the area(s) described in Schedule "B" (the "Site").. NOW THEREFORE in consideration of the rent payable by TELUS to the Lessor, the Lessor hereby leases to TELUS the Site together with its appurtenances herein described, subject to the covenants and obligations contained in the attached Terms and Conditions, and to such further specifications as are contained in Schedules A, B, C and D attached hereto, the whole forming the lease between the parties (the "Lease"). The Lessor grants to TELUS for the duration of the Lease: (i) the right to construct, install, maintain and use on the Site such equipment, devices, and facilities (collectively, the "Equipment") as may be necessary or useful from time to time for the purpose of carrying on the business of TELUS as a telecommunications service provider; (ii) the right to install concrete moorings as required in order to ensure the stability of certain exterior Equipment; (iii) the right to build, maintain, occupy and use on the Site such enclosed structures as are required from time to time for the purpose of housing any part of the Equipment (the "Shelter"), including the right to renovate for such purpose any interior space included in the Site; (iv) the right to access the Site, the Equipment and the Shelter on a 24/7 basis, on, over and through the Premises, with personnel, vehicles and equipment, as required, and to register such easements, servitudes and rights of ways as are necessary to give effect thereto, and; (v) the right to use the Site, including the Shelter and the Equipment, for the purpose of carrying on a telecommunications business. TO HAVE AND TO HOLD for a term of ten (10) years commencing on July 1, 2010 (the "Commencement Date") and ending on the day immediately preceding July 1, 2020 and any extension term as provided herein (the "Term"). Address of the Lessor: THE CORPORATION OF THE CITY OF One The Esplanade PICKERING Pickering, Ontario L 1 V 6K7 Attention: Richard Holbome / Tyler Barnett Facsimile: 905-420-7648 Telephone: 905-420-4660 [Authorized signatory] GST Registration Number: R108078593 [Title] Address of TELUS: TM MOBILE INC. 200 Consilium Place, Suite 1600 Scarborough, Ontario M1H 3J3 Attention: Real Estate Department Facsimile: 1-800-788-6622 Donald Allan Telephone: 1-800-815-5715 Manager, Real Estate Emergency 24 hour 1-800-391-1391 1 of 8 ATTACHMENT # TO Twenty Thousand REPORT # PQ- 2q-16 Dollars and Zero File: ON0923 106 Cents($20,000) TERMS AND CONDITIONS 1. Rental Rate. For the rights granted by the Lessor to TELUS, TELUS shall pay to the Lessor rent in the amount of ecrrts(SH,6A8.99) per annum (the "Rent") plus any applicable provincial sales tax and goods and services tax, on or before the Commencement Date for the first year and the anniversary of the Commencement Date for each subsequent year during the Term. Rent, and any other amount payable by TELUS to the Lessor under the terms of this Lease, shall be tendered at the address of the Lessor specified herein, or at such other address as may be duly notified to TELUS by the Lessor. 2. Rieht of Extension. The Lessor hereby grants to TELUS the right to extend the initial term of this Lease for one (1) further and consecutive period of ten (10) years. Such extension shall take effect automatically and without further notice, unless TELUS gives notice to the Lessor, at least ninety (90) days prior to the end of the current term of this Lease, that it shall not exercise such right of extension. The extension term will be subject to the same terms and conditions as apply during the initial term except that the annual rent in such extension term shall be equal to the fair market value as agreed between the parties in the ninety (90) days prior to the expiration of the immediately preceding term, or in the absence of such agreement, the fee prevailing in the year immediately preceding the beginning of such extension term, changed by an amount equal to the change in the Canadian Consumer Price Index (all items) in the immediately preceding term. 3. Termination by TELUS. If, at any time during the Term, a structure, building or other obstruction of any nature blocks, deflects or interferes in any way with the signals sent from the Site or received at the Site, or if TELUS determines that installing or operating the Shelter or the Equipment: (i) is or has become commercially impractical; or (ii) is or has become impossible due to a law, regulation or government decision or order, TELUS may terminate this Lease without damages or penalty upon sixty (60) days prior written notice to the Lessor. In the event of such termination, the Lessor shall refund to TELUS any rent paid in advance for any period of time subsequent to the effective date of termination. 4. Covenants of TELUS. (a) Safety and Maintenance - TELUS shall install, operate, and maintain its Equipment and the Shelter, in a good, safe and workmanlike manner. (b) Taxes, Rates and Assessments - TELUS will pay as and when due all applicable taxes, rates and assessments, that are levied, charged or assessed with respect to any business carried on by TELUS on or from the Premises. (c) Electricity Charges - TELUS shall pay for the electricity charges attributable to the operation of the Equipment at the Site either by having installed a separately metered electrical service or, in circumstances where the local utility will not install a separate meter, by installing a submeter and paying the Lessor's invoices for electricity based on the submeter readings and the actual tolls of the local utility. The Lessor is responsible for reading the submeter once every three months and invoicing TELUS accordingly no less frequently than on an annual basis, failing which TELUS may fully discharge its obligation to compensate the Lessor for electricity consumption by tendering payment of a reasonable estimate of the electricity charges for usage in the previous year. No claim may be made for electricity charges with respect to usage not invoiced more than one year in the past. (d) Government Regulation - TELUS shall, at its own expense, at all times ensure that the installation, operation and maintenance of its Equipment, and Shelter, comply with all required laws, directions, rules and regulations of relevant governmental authorities, including all applicable building codes, and Industry Canada and Transport Canada requirements. (e) Removal of Equipment - TELUS shall quit and surrender possession of the Site within ninety (90) days after the expiration or termination of this Lease and shall remove its Equipment and Shelter from the Premises within that time. (f) Interference - TELUS covenants that TELUS' operation of its radio system(s) shall not cause material interference or degradation of any other signals lawfully transmitted or received within or on the Premises. TELUS shall use all reasonable efforts to correct such interference or degradation, where reasonably demonstrated, upon receiving written notice from the Lessor. (g) Insurance - TELUS shall at all times throughout the Term maintain insurance coverage for: (i) All-Risk Property loss covering the full insurable replacement cost of the Equipment and the Shelter without deduction for depreciation and with reasonable deductibles; and (ii) Commercial General Liability in an amount not less than Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage. The Lessor shall be included as an additional insured in all such policies, but solely with respect to liability arising out of the operations of TELUS at the Premises. At the Lessor's reasonable request, TELUS shall provide a memorandum of insurance confirming that policies as required herein are in force, and shall notify the Lessor of the cancellation of any such policy. 5. Covenants of the Lessor. (a) Quiet Possession - The Lessor covenants that TELUS shall peaceably and quietly hold and enjoy the Site and its appurtenances, subject to the terms and . conditions of this Lease. The Lessor shall not make any change to the Premises and its appurtenances that could adversely affect access to or use of the Site by TELUS at any time throughout the duration of this Lease without the prior written consent of TELUS, which consent may not be unreasonably withheld. (b) Access - The Lessor shall provide to TELUS and its authorized representatives and agents such additional rights of access as are necessary from time to time to construct, install, maintain, repair, replace, reconfigure and operate the Equipment and the Shelter,, including but not limited to the right to connect the Equipment to local utilities, to install underground or overhead telephone or power lines in any combination, and to install conduits for fibre or telephone cabling or both of them. (c) Emergency Power - The Lessor shall allow TELUS to install electrical connections to the Lessor's emergency power generator on the Premises for emergency use by TELUS in the case of any failure of public electrical service to the Site. TELUS shall have the right to install and operate an emergency power generator on the Premises, including such cabling as may be required to connect the generator to the Equipment, for its own use while public utility service is not available for any reason. TELUS shall pay all costs attributable to such installation and operation. 2of8 /1 1 ATTACHMENT # T TO REPORT # PD_ File: ON0923 107 (d) Premises Maintenance - The Lessor hereby agrees to provide not less than thirty (30) days prior written notice to TELUS of any repairs, additions or maintenance (collectively the "Work") to take place at the Premises, which may have an impact on the Shelter or the operation of the Equipment. The Lessor further agrees to meet on-site with TELUS and to make available the contractor(s) involved with the Work, not less than fifteen (15) business days prior to the commencement of the Work to review the Work and the related impact on the Shelter or the Equipment, except in the case of an emergency situation requiring immediate intervention to preserve the structural integrity of the Premises. The Lessor further agrees to make a reasonable effort to inform TELUS as soon as possible of an emergency situation that may have an adverse effect on the Shelter or the Equipment. (e) Interference - The Lessor may subsequently to this Lease grant rights to third parties to install other or additional telecommunications transmission equipment on the Premises, provided that the operation of such other or additional equipment does not interfere with the operation of the Equipment. The Lessor shall provide TELUS with sixty (60) days written notice of the proposed new installation, and TELUS shall thereafter work with the installer and operator of the new equipment to ensure that the proposed new installation does not interfere with the operation of the Equipment. The Lessor shall, as a condition of the grant of any rights to third parties to install other or additional telecommunications transmission equipment, stipulate that such party must collaborate with TELUS as described above and must refrain from installing and operating any such equipment until TELUS has determined, acting reasonably, that no material interference with the operation of the Equipment will result. The Lessor shall include an interference clause substantially the same as this subsection in any instrument used to grant rights to third parties to install other or additional telecommunications equipment on the Premises. 6. TELUS' Eauiament. The Equipment and the Shelter shall remain at all times the personal and moveable property of TELUS, and not become fixtures, notwithstanding the attachment to any degree or in any manner of any part of the Equipment or the Shelter to the Premises. TELUS shall have the right to make alterations or improvements or both at the Site at any time during the Term including, but are not limited to, the replacement, expansion, reconfiguration or addition of transmission facilities of any kind, towers and/or antenna mounts, equipment shelters and/or additional radio equipment as deemed necessary by TELUS. 7. Lessor not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of the Lessor or the Lessor's employees or those persons authorized by the Lessor to be on the Premises, the Lessor shall not be liable to or indemnify TELUS for any inconvenience to the operations of TELUS at the Site, or damage to the Equipment or the Shelter, or injury to any person occupying the Site. 8. TELUS not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of TELUS or TELUS 's employees and those persons authorized by TELUS to be on the Premises, TELUS shall not be liable to or indemnify the Lessor for any costs incurred or losses or damages or injury suffered by the Lessor. 9. Confidentiality. Except as otherwise provided herein, the parties agree that all information relating to the use of the Premises pursuant to this Lease is confidential and proprietary, and shall not be disclosed to any third party unless required by lawful authority. Each party will take all reasonable steps to protect the confidentiality of such information, and in particular shall hold the terms and conditions of this Lease in the strictest confidence. This provision shall survive any termination or expiration of this Lease. 10. Default. Either party may at its option and without further liability to the other party terminate this Lease: (i) upon the material default by such other party in the performance of any of its covenants or obligations under this Lease, if such default is not remedied within thirty (30) days of the party in default receiving written notice of such default, or within such longer period as is reasonable in the circumstances so long as the party in default is.diligently moving to implement remedial action; or (ii) subject to the rights granted by TELUS' financing arrangements, as authorized herein, if such other party becomes insolvent, ceases to do business as a going concern, is adjudged a bankrupt or made subject to the appointment of a receiver-manager, makes a general assignment for the benefit of creditors, or takes the benefit of any statute in force for the winding up or liquidation of business enterprises. 11. TELUS' Financing Arraneements. The Lessor acknowledges that TELUS has entered into, and will be entering into, certain financing arrangements which may require an assignment or hypothecation of TELUS' rights and obligations under this Lease, or the creation of security interests in the personal or moveable property of TELUS located at the Premises. The Lessor consents to any such assignment, hypothecation or grant of security interests, and to any transfers occurring on the enforcement of same. The Lessor shall, at the request of TELUS, acknowledge in writing the foregoing in such form as the relevant financier may reasonably require. For the purposes of this section, TELUS is executing this Lease for itself and as agent for the financiers with whom TELUS may be entering into financing arrangements from time to time as acknowledged herein. 12. Reeistration. TELUS may register a notice of lease or caveat or appropriate instrument in the land registry office of the province in which the Premises are situated, stipulating TELUS 's interest, the Term, any rights to extend and, when applicable, a short form of lease, and the Lessor will execute any documents required to effect such registration. Such registration may be effected on behalf of TELUS by an affiliated corporation, partnership or other entity as bare nominee for registration purposes only, at TELUS' expense. The Lessor also agrees to obtain a non-disturbance agreement at TELUS' expense from any mortgagee on the Premises in such form as TELUS may reasonably require. 13. Encumbrances. TELUS may, at its option, pay or discharge any arrears owing under any encumbrance upon the Premises which has priority over the interest of TELUS under this Lease, or any arrears of any property taxes, local improvement charges and any other rates, duties, levies and assessments levied or assessed by any competent government authority upon or in respect of the Premises or that affect the Premises in any way, in which event TELUS shall be subrogated to the rights of the creditors of such discharged obligations and may, at its option, apply the rent or any other amounts owing to the Lessor under this Lease to the repayment of any arrears so paid or discharged. 14. Assignment. Except as otherwise permitted herein, this Lease shall not be assigned by TELUS without the prior written consent of the Lessor, such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, TELUS may, without consent of the Lessor: (i) assign its rights and obligations under this Lease to any affiliated entity including a partnership; (ii) sublet all. or any portion of the Site and its appurtenances to any affiliated entity including a partnership; and (iii) license all or any portion of the Site and it appurtenances to a third party, for use as a telecommunications site. Whenever the Lessor's consent is required by virtue of these provisions, such consent is deemed granted if Lessor does not respond within fifteen (15) days to the written request of TELUS for such consent. 3 of 8 1 ATTACHMENT # TO R~POR1 # PD File: ON0923 108 15. Successors and Assigns. This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Lessor and the successors and permitted assigns of TELUS, and no assignee or successor of the Lessor shall challenge the validity or enforceability of any provision of this Lease and every assignee or successor of the Lessor shall be bound by all the obligations of the Lessor hereunder. Upon a conveyance or assignment of its interest in the Premises, the Lessor shall provide TELUS with written notice of the identity of the successor or assign and the address at which the rent shall be tendered and notices given pursuant to the conveyance or assignment. 16. Overholding. In the event that TELUS remains in possession of the Site after the expiration of the Term, TELUS shall be deemed to be occupying the Site as a tenant from month to month at the current monthly rent, or if the rent is payable annually, one twelfth (1/12) of the annual rent. The rent shall thereafter be payable monthly in advance on the first day of each month following the expiration of the Term, with all other rights and obligations of this Lease remaining in force to the extent they may apply to a month to month tenancy, subject to the proviso that neither party may terminate the month to month tenancy except by giving ninety (90) days written notice to the other party. No extension of the Term, nor any new Term, nor any tenancy from year to year will be created by implication of law through overholding. 17. Expropriation. If during the Term, the whole or any part of the Premises is expropriated, the Lessor shall not accept any award for compensation without TELUS' written consent. TELUS shall be entitled to receive such part of the award as compensates for the loss of its interest in the leased Site. 18. Governing Law and Jurisdiction. The provisions of this Lease shall be governed by and interpreted in accordance with the laws of the province in which the Premises are located. The parties hereby attorn to the exclusive jurisdiction of the courts of that province. 19. Entire Lease, Survey. This Lease cancels and replaces all other agreements between the parties with respect to the Premises. This Lease contains the entire agreement between the Lessor and TELUS with respect to the Premises and expressly excludes all prior representations and discussions, either oral or written, between the parties other than those set forth in this Lease. Each party acknowledges having obtained adequate explanation of the nature and scope of each of the clauses of this Lease, and having had the opportunity to consult legal counsel with respect thereto. Except as otherwise provided herein, this Lease may not be amended or modified except by written instrument executed by both parties. TELUS may elect to obtain, at its discretion, technical drawings or a survey of the Premises and the Site, and give written notice of such technical drawings or survey to the Lessor, which once so delivered shall replace and become Schedule "C", and take precedence over the plans exhibited at Schedule "B". 20. Facsimile Transmissions, Notices. This Lease may be executed, amended or renewed by either party by facsimile transmission, and receipt of a copy of the document so executing, amending or renewing this Lease shall bind the transmitting party to all the terms and conditions contained therein. Any notice required or authorized by this Lease shall be deemed to have been properly given if by personal delivery at any place, or by registered mail, courier or facsimile transmission to the address or fax number specified herein or to any other address or fax number duly notified by one party to the other. 21. Severability. Any provision of this Lease that is determined to be void or unenforceable in whole or in part, shall be deemed unwritten and shall not affect or impair the validity or enforceability of any other provision of this Lease, which shall all remain binding on the parties. 22. Authorization. The Lessor hereby authorizes TELUS for the entire duration of the Term, to use the correspondence attached at Schedule "D" (the "Authorization Letter"), to obtain from any person, corporation or government authority, any information regarding the Premises that TELUS may require for the purposes of exercising its rights under this Lease, and the Lessor agrees to execute the Authorization Letter'from time to time as reasonably requested by TELUS for these purposes. 23. Environmental. During the Term, the Lessor represents and warrants continuously that there are not contained, within or under the Premises, any toxic material or hazardous substances or any other contaminants (collectively "Hazardous Substances") as defined under all applicable provincial or federal legislation, regulation or orders of any kind. The Lessor shall indemnify and hold TELUS harmless from and against any liability arising from the presence of Hazardous Substances on the Premises. TELUS shall have the right to conduct environmental testing at the Site at any time during the Term and to terminate this Lease immediately without damages or penalty should the results of such environmental testing demonstrate the presence of Hazardous Substances at levels not acceptable to TELUS acting reasonably. TELUS shall comply with all applicable provincial or federal environmental legislation, regulation or orders of any kind. I 4of8 City Report To Planning & Development PICKERING Committee Report Number: PD 25-10 Date: July 5, 2010109 From: Neil Carroll Director, Planning & Development I Subject: Pickering Parkway Realignment, Improvement and Signalization OPB Realty Inc. (Pickering Town Centre) 1340 Pickering Parkway Part of Lot 21 & 22, Concession 1 City of Pickering Recommendation: 1. That Report PD 25-10 of the Director, Planning & Development be received; 2. That Council authorize the appropriate City officials to enter into a development agreement with OPB Realty Inc. satisfactory to the Director, Planning & Development and the Director, Corporate Services and Treasurer respecting the realignment, improvement and signalization of Pickering Parkway from Liverpool Road to the existing entrance on the south side of the Pickering Town Centre lands (in front of the Bay entrance); 3. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: The purpose of this report is to provide City Council with an update on the status of the Class Environmental Assessment for the improvements to Pickering Parkway and to seek Council's authorization for the appropriate City officials to enter into a development agreement with OPB Realty Inc. to undertake the road improvement works. The work consists of the realignment, improvement and signalization of Pickering Parkway utilizing City funds approved in the 2010 capital budget and 'in accordance with plans approved by the City (see Location Map - Attachment #1). These works are supportive of the City's urban growth centre and mobility hub designations, are aligned with the City's Downtown Core Development Guidelines, and serve as a catalyst to future development. Infrastructure improvements are essential to the planned function of the downtown and their early implementation will assist in attracting new development. Report PD 25-10 July 5, 2010 Subject: Pickering Parkway Realignment, Improvement 1 10 and Signalization Page 2 Financial Implications: The signalization/improvement/realignment of Pickering Parkway east of Liverpool Road is a development charge funded project identified in the City's Development Charge By-law (project TC-24). Funding for this project in the amount of $890,000 was brought forward and approved in the City's 2010 capital budget (account 5321-1006-6254). Project'cost is allocated 25% to the City ($222;500), and 75% to development charges ($667,500). The City portion will come from the City share reserve. While final project costs will not be known until the final design is complete and the project is tendered, the City's upset funding limit for this project is $890,000. Sustainability Implications: The City's investment in the realignment, improvement and signalization of Pickering Parkway will introduce required improved infrastructure to support intensification of the City's downtown. These road improvements will benefit the broader downtown area and are supportive of the GO parking garage, the new office building, and public transit. 1.0 Background: In 1997 City Council adopted the Downtown Core Development Guidelines that established a vision for the downtown area. Part of that vision included improvements to Pickering Parkway in order to accommodate an office concentration generally along the north side of Highway 401, and a pedestrian bridge linking the existing Pickering GO Station to the downtown core. In 2000, the City initiated a zoning amendment on the south portion of the Pickering Town Centre lands to permit and attract large-scale and multi-tenant office uses, and led the preliminary design of the Pickering Pedestrian Bridge, and sought.out partners to bring the project concept to reality. The City's downtown vision is now starting to be realized, with the attraction of a 132,000 square foot Class "A" office building on the Pickering Town Centre lands (now under construction), and the announced construction of the Pickering Pedestrian Bridge over Highway 401 to be completed in 2011. The enclosed pedestrian bridge across Highway 401 and the 700 car parking garage are expected to commence construction shortly. These new developments have required the City to bring forward its planned improvements to Pickering Parkway, including but not necessarily limited to road realignment, introduction of additional traffic lanes, and signalization at the entrance to the Pickering Town Centre on the north side of the office building. The introduction of additional through lanes (an increase in capacity) requires the completion of a Schedule B Class Environmental Assessment (EA). Report PD 25-10 July 5, 2010 Subject: Pickering Parkway Realignment, Improvement and Signalization Page 3 1 1.1 Pickering Parkway Improvements and Signalization The City of Pickering issued a Notice of Commencement of 'a Schedule B Class Environmental Assessment for improvements to Pickering Parkway on May 5, 2010. IBI Group has been retained to carry out the Class EA as they have been providing urban design consulting services to complete background work for the City's Downtown Development Area and have been creating design concepts for Pickering Parkway as part of this work. A Class EA was triggered due to the possibility that additional capacity (through lanes) may be required on Pickering Parkway east of Liverpool Road due to the proposed development of the parking structure adjacent to the office tower. The study limit for the Class EA is from Liverpool Road to Glenanna Road. Agencies and adjacent landowners have been notified that the Class EA has commenced. Based on progress to date, staff anticipates a Notice of Completion will be issued in July 2010. Once the Class EA process has been completed, detailed design and construction can commence. The City's Development Charge By-law provides a total allocation of $890,000 for the signalization/improvement/realignment of Pickering Parkway east of Liverpool Road. Funding for this project was brought forward and approved in the City's 2010 capital budget (account 5321-1006-6254). Project cost is allocated 25% to the City ($222,500), and 75% to development charges ($667,500). While final project costs will not be known until the final design is complete and the project is tendered, the City's upset funding limit for this project is $890,000 (including expenditures to date). A small portion of these funds has been utilized to complete the surveys necessary to determine existing utilities in the area and to undertake the Class EA. The majority of the full project construction will occur in 2010. Considering the development and construction work being undertaken by OPB Realty in this immediate vicinity, staff believe that cost savings will be realized by having OPB Realty contract for the required improvements,to Pickering Parkway. Staff recommend that the City enter into a development agreement with the OPB Realty (the proponent of the parking structure) to facilitate the design and construction requirements for Pickering Parkway. Staff are seeking Council's authorization to enter into an appropriate development agreement with OPB Realty to undertake this work in accordance with plans approved by the City. The City's financial obligation will not exceed $890,000 minus what has been spent to date to prepare for this project. Attachment: 1. Location Map Report PD 25-10 July 5, 2010 Subject: Pickering Parkway Realignment, Improvement 112 and Signalization Page 4 Prepared By: Approved/Endorsed By: %ler Barn Neil Carrol anner -Site Planning Director, Plan D lopment Ric h and Holb rn Everett Buntsma ision Head, Engineering Services Director, Operations & Emergency Services TB:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickerin p-pity Council 23 2.010 Tony evedel, P.Eng. Chief Administrative Officer j ATTACHMENT #~TO REPOR? # PD 25 `~D 1 1 3 > ~ J O PPO ~ NO w ~NPOE z S~p~ C~ ESP ESPL w Fij,9 ~N PICKERING -j 2~ CIVIC COMPLEX PA y AND w ENTRAL LIBRARY ~ p\ANPpE ~ jNE ES 0 0 VI GINMEEN? L EN SSM o ASSE pROPO1(SUDFI E E~ i- StKING G AGE ppR ``I ---I- W > ♦ . RKW P ( i ts-~'~ i ~ \cKER\NG ~ ~ ~ ~ • P • PEpEI GE N N\GNwP~ P gRID ART THOMPSON ARENA GO TRANSIT STATION EET City of Pickering Planning & Development Department PROPERTY DESCRIPTION Pickering Parkway OWNER OPB Realty DATE June 21, 2010 DRAWN BY JB FILE No. Pickering Parkway EA SCALE 1:5000 CHECKED BY DB N oTeronetrCEnta rpl-e- Ine. ontl It- -upplie,-. All right, R,-ervetl. Not a plan of -urvey. PN-6 2005 MPAC antl ila a.ppller,. All ri hta Reae rv.d Not a plop a/ Survey. CiN Report To Executive Committee IC ERI1 V G Report Number: CAO 17-10 1 1 4 Date: July 5, 2010 From: Debbie Shields City Clerk Subject: Animal Services Emergency Response Plan Recommendation.- 1 . That the Animal Services Emergency Response Plan be endorsed by Council, and 2. That the Animal Services Emergency Response Plan be incorporated into the City's Community Emergency Management Plan. Executive Summary: The City of Pickering's Animal Services Emergency Response Plan has been developed to enable the City to act in an efficient and effective manner to ensure that the people and pets in Pickering are cared for during a community emergency. The purpose of this plan is to control and support the humane care and treatment of companion animals during any emergency situation in the City of Pickering. It will describe policies and procedures for evacuation, care and control of animals during a disaster, as well as the related roles and responsibilities of participating agencies and external partners. Financial Implications: None. Sustainability Implications: The Animal Services Emergency Response Plan is very consistent with the principles of sustainability as they relate to the promotion of core community values. Background: While the care of animals in disaster should never take precedence over the care of people, it has been proven that providing care for animals plays a role in facilitating the personal safety and care of a large number of people when in an emergency situation. Report CAO 17-10 July 5, 2010 Subject: Animal Services Emergency Response Plan Page 2 115 When the City of Pickering Emergency Response Plan is activated in whole or in part because of an emergency, Pickering Animal Services with the support of other agencies (as applicable) will assist individuals and businesses evacuated or displaced by such an emergency with the housing and care of their domestic companion animals. The.Animal Services Emergency Response Plan includes sections to govern how a community emergency would be handled. Through specific procedures, the Animal Services Emergency Response Plan will advise pet owners on how to care for companion animals left behind and develop an animal evacuation plan. The plan will also detail care for evacuated and non-evacuated animals, provide measures to control animals running at large, and provide a public response mechanism to answer questions on animal concerns. The Animal Services Emergency Response Plan is intended to support the City of Pickering's Community Emergency Management Plan and complement the Durham Region's Emergency Support Plan. The Animal Services Emergency Response Plan has been circulated to Fire Services where comments were received and incorporated within. Staff are recommending that the attached Animal Services Emergency Response Plan be approved and incorporated into the Community Emergency Management Plan. Attachments: 1. Draft Animal Services Emergency Response Plan Prepared By: Approved/Endorsed By: LQ) Lindsey Brenner Debbie Shields Supervisor, Animal Services City Clerk LB: lb Copy: Chief Administrative Officer Recommended for the consideration of Pickering ity Council juvxe 23, 2 0 to Tony Pre edel, P. Eng. Chief Administrative Officer CORP0227-07/01 revised 116 ATTACHMENT #1 City of Pickering-Animal Services Emergency Response Plan AMENDMENTS AIUCENDtIN" DAVE OF pA7 a►1VIENON1ENTS` NUMBER AMENDMENT ENTERED MADE BY 117 GENERAL The City of Pickering's Animal Services Emergency Response Plan has been developed to enable the City to act in an efficient and effective manner to ensure that the people and pets in Pickering are cared for during a community emergency. Although disasters endanger the life and safety of both animals and humans, there are, important preparedness measures that pertain specifically to animals. Through specific procedures, this Animal Services Emergency Response Plan details these considerations in order to protect animals as best possible. Other disasters have demonstrated that providing care for animals plays a role in facilitating the personal safety and care of a large number of people and ultimately affects the success of evacuation efforts. While emergencies such as ice storms, flooding, fire, transportation disasters, hazardous material spills, nuclear emergencies and communicable disease outbreaks are the most likely. It is important for the Animal Services Emergency Response Plan to be flexible and scalable and provide the procedures necessary to successfully shelter and care for animals in any disaster. The Animal Services Emergency Response Plan, through its procedures, will advise pet owners on how to care for companion animals left behind and develop an animal evacuation plan. The plan will also detail care for evacuated and non-evacuated animals, provide measures to control animals running at large, and provide a public response mechanism to answer questions on animal concerns. When the City of Pickering Emergency Response Plan is activated in whole or in part because of an emergency, Pickering Animal Services with the support of other agencies (as applicable) will assist individuals/businesses evacuated or displaced by such an emergency with the housing and care of their owned domestic companion animals. Pickering Animal Services will continue to respond to emergencies of sick and/or injured stray animals found in Pickering. PURPOSE The purpose of this plan is to control, and support the humane care and treatment of companion animals during any emergency situation in the City of Pickering. It will describe policies and procedures for evacuation, care and control of animals during a disaster, as well as the related roles and responsibilities of participating agencies and external partners. 118 DEFINITIONS Animal Services - Shall mean the staff unit of the Municipality taking the lead in the emergency resource. When the emergency response is coordinated and managed by the Region of Durham, Animal.Services shall mean the coordinated staff unit comprising of staff of the Municipal Animal Service Agencies. Companion Animal - Shall mean a dog, cat or any other pet that is generally understood to be domesticated and is typically kept indoors. Declared Emergency - Shall mean an emergency declared by a signed declaration made in writing by the, Head of Council or the Premier of Ontario in accordance with the Emergency management Act. This declaration is usually based on a situation or an impending situation that threatens public safety, public health, the environment, critical infrastructure, property, and/or economic stability and exceeds the scope of routine community activity. Emergency - Situations, or the threat of impending situations, abnormally affecting property and the health, safety and welfare of a community, which by their nature and magnitude, require a controlled and co-ordinated response by all agencies. Emergency Animal Facility (EAF) - Shall mean the designated area for the safe keeping and caring of domestic animals during a response to a declared emergency. Emergency Plan - Shall mean the plan developed and approved by the Council of the City of Pickering. Evacuation Centre - Shall mean the designated area where residents are asked to report to when there has been a man-made or natural emergency. The Evacuation Centre will be a location (outside the affected area) designed to receive, register and provide short term food, shelter, first aid, counseling and other services to person who have been temporarily displaced from their normal residence. Municipal Animal Services Agency - Shall mean the animal services department/division operated by the City of Oshawa, Municipality of Clarington, Town of Whitby, Town of Scugog, Town of Uxbridge, Town of Ajax and the City of Pickering. Reception Centre(s) - Shall mean the designated area where residents are asked to report to when there has been an emission or it is occurring at a nuclear generating station. The Reception Centre will be a location, outside the Primary Zone, through which evacuees should pass to receive assistance, which would normally include monitoring and decontamination, first aid and direction to an evacuee centre. One reception centre would usually serve several evacuee centres. Supervisor - Shall mean the staff person designated by the Municipal Clerk to perform the Supervisor of Animal Services duties and responsibilities as defined in this Plan. 119 ADMINISTRATION The Supervisor, Animal Services in consultation with the City Clerk is responsible for the development and maintenance of this Plan. The Plan will be reviewed and updated annually or when required to reflect changes in legislation, policy, resources, personnel or any other changes deemed necessary. PLAN APPROVAL This Plan has been approved by Council Resolution # dated 2010 and becomes part of the supporting documents for the City of Pickering's Community Emergency Management Plan. LEGISLATIVE AUTHORITY The authority for all municipal emergency plans is the Emergency Management and Civil Protection Act, R.S.O 1990 and Regulation 380/04. This plan will be implemented in support of the City of Pickering's Community Emergency Management Plan. DEMOGRAPHICS AND ANIMAL POPULATION ESTIMATES The City of Pickering has an estimated 92,900 residents and an estimate of 29,560 private households. Using the formula developed by the Humane Society of the United States of America, the following is an estimate of the number of households owning animals in the City of Pickering. Number of Households Owning Animals • Dogs - 29,560 x 36.5% = 10,789 x 1.52 = 16,175 • Cats - 29,560 x 30.9 % = 9,134.04 x 1.95 = 17, 811.38 The confinement.and care of pets during an emergency is based on a planning assumption that approximately 20% of the population being evacuated will be requiring emergency lodging and 30% of evacuees will require housing for their pet(s). 120 PLANNING ASSUMPTIONS In an Emergency Situation: When an emergency has been declared and a request is received to respond, the following persons shall have authority and take responsibility to implement the appropriate provisions of the plan: • The Clerk or designate • The Supervisor, Animal Services • An Animal Services Officer The Supervisor, Animal Services, or a designate through the City Clerk, will be responsible to maintain contact with the MECG (Communications Team) for the purpose of advising the community how emergency procedures affect owned animals. - Animal Services Staff will follow all emergency procedures that are approved and in place by the.City. - Routine Animal Services activities will be suspended during an emergency. Only high priority calls as determined by the Supervisor, Animal Services or a designate will receive attention. - Pickering Animal Services will be dedicated to providing assistance to the community and to other agencies in the care and confinement of owned domestic animals. - Pickering Animal Services will co-operate with other animal care control agencies, organizations and individuals to assure that care, control and safety is provided for all confined animals. NOTIFYING STAFF The declaration of'an emergency will be received through the City of Pickering's Community Emergency management Plan Notification Procedure. Once an emergency is declared, Animal Services Staff will follow all approved emergency procedures in place. When an Emergency has been declared, the Supervisor, Animal Services shall notify staff members. In the event that a staff member cannot be reached in person, a message shall be left (if possible) at the residence for that staff person to contact Animal Services or such telephone number or individual as may be designated in charge of telephoning staff members. All Animal Services staff, may be on 24 hour alert so long as a declared emergency exists. 121 EMERGENCY NOTIFICATION FLOW CHART z `tea 7' , u.•aaa.ax..a...,•..•......•.....•aaaaa.aa... ......:;y;.,,,;....,.,,. ,,ee55,, r: '♦':•:''P:• 3 .aaa..........a.....aa.aaa.aaaa...,... .:'1~f1CGl ° ~ i~'k" TG ~ 5z rtial SIirces Cfs# r EI' 2 S ~ NOTIFYING SUPPORTING AGENCIES During a declared emergency, the city's capacity to respond to animal care and relief issues may become overwhelmed. Supporting agencies and organizations will be an essential part of meeting the diverse needs of animal owners and their pets. Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) provides emergency support to farming community related to livestock issues. They may also assist in the provision of resources and supplies/equipment and information. Ontario Ministry of Natural Resources provides personnel and equipment for the care of wild animals. Canadian Food & Inspection Agency (CFIA) - The lead agency responsible for the control. and elimination of contagious diseases such as "foot and mouth disease". As the "lead" agency responsible for dealing with such an outbreak, the Canadian Food Inspection Agency will designate control zones and direct all other agencies in combating the outbreak. The CFIA Department will request the cooperation of municipal agencies, through the City of Pickering Municipal Control Group. When an Emergency has been declared, the Supervisor of Animal Services in consultation with the City Clerk or designate will evaluate the need for additional help and if necessary arrange to contact supporting agencies, volunteers and organizations for further assistance. 122 AGENCY SUPPORT NOTIFICATION FLOW CHART f>' y~ d fir, . f•..2 ::::;:;:::b i. ' ~ J~ f 0 3 .~Jf,'• {S~f~'1 q ~Z S :L:vffff~ •.y'•,r"f.;::; e•.a .;;.3J: :?}qi:r . b<v vi:•.d:~:: .ayY.ayy: va. r ~:+•aJS U(3~ art A~ I Ind I ~~~~J~ ~ h~ e. f 3+•r•.:. doy:;« ya.r ihy`f•JY, :;:q:•fqr.q•oa.: µfe' boy"L~::2:'..roF,b='•° . W-111 1; 10 :hRa ~1Y•: . r3:e , d. h Ir f ov:., ..3 . f Jv . a:v. e ,r:,Cn• vi f yy~/ nn C . 11~ :f yy <r y a d ltt ~ f F f a P►r~ict- 1. f fs f ti . 4B f •.c ,ttie ~ rv~c a, v..SS F ' y$y :Sa: aS rr:a. r. .yq 3. °v ~ . Sfrq ti :'vf •y I~+ .°•h.,brff rF ::.:d 3 3 ~:i'.aya f. . SET UP OF EMERGENCY ANIMAL FACILITY Past experience has shown that during emergency situations some people are more concerned for their animals' safety than themselves. This has led to reports of evacuation failure, re-entry attempts and pet owners injured and/or killed while attempting to rescue their animals. The goal of Animals Services is to ensure that during a declared emergency, all animals are kept in a safe environment relieving them and their owners of unnecessary distress. Where there is no immediate harm to the animal (eg. extreme snow or heat) and the animal(s) are safe temporarily in their home environment, Animal Services will provide support to owners of the animals. Where there is an immediate direct threat to the health and safety of owned domestic animals, and the emergency has necessitated an evacuation centre or reception centre to be opened, the City of Pickering will set up an emergency Animal Facility. Depending on the nature and the location of the emergency, the Emergency Animal Facility will be established at the, site(s) identified by Durham Region and the City of Pickering after the Emergency has been declared. Keeping in mind the connection that people have with their pets, potential Emergency Animal Facilities fall into two categories, pet friendly and traditional. Site selection falls into two scenarios 123 • An Emergency Animal Facility where animals are received from their guardians and are cared and maintained by Animal Services Staff. This location is separate from the evacuation/reception centre. This is the traditional set-up and has proven to be stressful on both the animals and people. • Pet Friendly Emergency Animal Facility (people and pets in same or adjacent areas of the building. This location is within an evacuation/reception centre) where the pets' guardian has the ability to care and maintain the animal. The Supervisor, Animal Services will contact supporting agencies in the event that all City locations are deemed disaster zones or, in the event that our Emergency Animal Facilities are at maximum capacity and cannot hold any more animals. Once an emergency is declared, Animal Services Staff will follow all emergency procedures that are approved and in place by the City. These procedures will address all facets of setting up an Emergency Animal Facility. cibl o~ Report To Executive Committee PICKERING Report Number: CS 29-10 124 Date: July 5, 2010, From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Duffin Heights Neighbourhood - Cost Sharing Agreement - Stormwater Management Facility #4 Recommendations: 1. That Report CS 29-10 of the Director, Corporate Services & Treasurer be received; 2. That the Mayor and the City Clerk be. authorized to enter into the Cost Sharing Agreement (CSA), as may be amended from time to time, with the Duffin Heights Landowners Group respecting the provision of infrastructure in the Duffin Heights Neighbourhood, essentially in the form attached hereto and acceptable to the Chief Administrative Officer, the Director, Corporate Services & Treasurer and the Director, Planning & Development, subject to the following item being addressed to the City's satisfaction; (a) specific reference to Section 11.17 (p)(iii) of the City's Official Plan for Duffin Heights within the CSA so that Non-Participating Owners may be entitled to obtain clearance from the Trustee upon payment of their proportionate share of the costs under the CSA. 3. That the Director, Corporate Services & Treasurer be authorized to make any changes to the agreement, as may be amended, or subsequent agreements, to protect the financial interests of the City and to sign any subsequent agreements including amendments; 4. That the Clerk forward a copy of Report CS 29-10 to each member of the Duff in Heights Landowners Group and the Trustee for information; and, 5. That the appropriate officials of the City of Pickering be authorized to take any necessary actions to give effect thereto. Executive Summary: On October 20, 2008, Council endorsed in principle the City entering into a cost sharing agreement with the Duffin Heights Landowners Group (DHLG) respecting the provision of infrastructure in the Duffin Heights Neighbourhood and front- funding a portion of the costs of specific infrastructure that benefit the City, the Region, Ontario Realty Corporation, Cougs and other non-participating landowners along Brock Road. The approved Duffin Heights policies, in the Official Plan reflects this principle of equitable Report CS 29-10 Date: July 5, 2010 Duffin Heights Neighbourhood Page 2 i 2-5- cost sharing by requiring benefitting landowners to pay their equitable share of development costs prior to receiving development approvals from the City. The Duffin Heights Cost Sharing Agreement (CSA) provides a mechanism by which up-front infrastructure costs borne by participating landowners are apportioned and equitably recovered from benefitting landowners when they develop their lands. The CSA has been reviewed by City staff as well as the Solicitor engaged for this purpose and is considered to be a reasonable, fair and equitable contractual agreement to distribute the costs related to the provision of required infrastructure and community lands (eg. Parks) necessary to service Duffin Heights. It is therefore recommended that the City enter into and execute the CSA as a Participating Owner with the DHLG. The City's role as a Participating Owner in the CSA will be limited as detailed below. This agreement will be a "living agreement" in that it will evolve and change with time as estimated costs become known actual expenditures and as lands are developed. Hence the need to provide for the appropriate officials to have the authority to undertake changes, execute amendments and sign new agreements is necessary. Financial Implications: The City's share of infrastructure costs, specifically with regards to the over-sizing of the storm sewer on Brock Road and the SWM #4, was included in the 2009 budget in the amount of $2 million. The net cost to the City is estimated at $1.2 million, after recovery from non participating landowners. The City's share of the cost will be recovered from the eventual sale of City owned lands in Duffin Heights. These costs, including temporary financing costs (interest), will be charged against City-owned lands in the area, to be recovered from the proceeds of the eventual sale of these lands. Sustainability Implications: Endorsing the report to sign the CSA will assist in achieving the environmental and urban design objectives for Duffin Heights. 1.0 Background: 1.1 In July 2008, Duff in Heights Landowners Group (DHLG) requested the City to support for a cost sharing agreement for required infrastructure to service Duff in Heights, and front-fund the SWM #4 and related infrastructure required to accommodate the Brock Road reconstruction In July 2008, two requests to the City from DHLG were received. First, the City was requested to execute a cost sharing agreement in order to ensure that future purchasers of City-owned lands in Duffin Heights will be responsible for an equitable cost-sharing of the development costs prior to receiving any development approvals, and that this requirement be included as Official Plan policy. Report CS 29-10 Date: July 5, 2010 Duffin Heights Neighbourhood Page 3 I 126 Second, DHLG requested the City front fund the design and construction of specific infrastructure that benefits the City, the Region, ORC, Cougs and other non- participating landowners along Brock Road. The works included in the request comprise the following: (i) Brock Road storm sewer over-sizing; and (ii) the SMW #4 that is proposed to be located at the northeast corner of the Third Concession Road (Rossland Road) and Brock Road. On October 20, 2008, Council endorsed both the Duffin Heights Environmental Servicing Plan (ESP) and the principle of entering into a cost sharing. agreement with the DHLG respecting the provision of infrastructure in Duffin Heights. Staff was directed to report back to Council seeking formal authority to execute the cost sharing agreement and authority to front-fund the costs of infrastructure relating to the Brock Road storm sewer over-sizing and SWM #4 when the cost sharing agreement was finalized. Therefore, both requests or directions will have been accomplished with the adoption of the E.S.P. and the Recommendations contained in this report. 1.2 The approved neighborhood policies for Duff in Heights requires all landowners to pay their equitable share of development costs prior to receiving development approvals The approved Official Plan policies Section 11.17(p)(iii), for Duffin Heights contain a policy that reflects this principle of equitable cost-sharing for landowners and requires that a landowner either: (i) becomes a party to the cost sharing agreement for Duffin Heights; or (ii) receives an acknowledgement from the Trustee, representing the DHLG, under the CSA that it has made satisfactory arrangements to pay its proportion of the shared development costs. 1.3 The DHLG has submitted a cost sharing agreement including the appropriate schedules for execution Sernas, on behalf of the DHLG, has submitted the CSA, including the appropriate schedules and maps to the City for staff's review. The principles of the CSA are to provide an equitable cost-sharing mechanism for participating front-ending landowners as well as non-participating owners in order to distribute the costs related to the provision of community lands and services, works and facilities. In the attached CSA dated March 19, 2010, `Participating Owners" refers to Mattamy (Brock Road) Limited, Lebovic Enterprises Limited and Ontario Realty Corporation and these companies have signed the agreement. The CSA was originally drafted to incorporate three related companies - Cougs (Tillings) Ltd., Cougs (Dersan).Ltd., and Cougs (Brock Road) Ltd., as participating owners for three properties in Duffin Heights. However, these companies will be removed from the agreement to be executed and reinserted at a later date when appropriate. The City is a participating owner insofar as i Report CS 29-10 Date: July 5, 2010 Duffin Heights Neighbourhood Page 4 177 relates to SWMP #4. 'Non-participating owners' are defined as landowners who have benefiting lands in Duffin Heights but are not a party to the CSA. 2.0 Discussion: 2.1 The CSA for Duffin Heights is in a form that is commonly utilized by the . development industry Cost sharing agreements are the norm in the development industry in Ontario. Typically, such agreements generally set out various obligations that will be met by the signatories to the agreement (who are identified as "Participating Owners") with respect to the provision of community lands and community services. The. Participating Owners agree to front fund the costs of community services which include such works as community roads, storm water facilities, water mains, etc. The cost sharing agreement is normally administered by a Trustee and one set of consultants (usually engineers and planners) is appointed for the group and provide advice to the group with respect to the agreement. Services are identified in advance, usually through undertaking of a master servicing analysis or study. In the case of Duffin Heights, an Environmental Servicing Plan was prepared that identified required infrastructure. Sernas will be the Trustee, appointed by the DHLC. The CSA pertains to services which are of "community benefit" (i.e. benefit more than one owner and usually the group as a whole). Schedules to the CSA have been prepared by Sernas and contain detailed estimates of the costs of the community benefit, factoring in the land cost, the cost of design, the cost to construct, permit costs, and consulting fees. 2.2 The CSA represents a fair and equitable contractual agreement to distribute the costs related to the provision of required infrastructure and community lands in Duff in Heights Based on the review of City staff, Watson & Associates and the solicitor retained by the City, the CSA generally provides for an equitable and proportionate distribution of both land servicing and community land costs among the participating owners and non- participating owners. However, City staff and its consultants have identified a specific item that needs to be clarified in the CSA as follows: (a) specific reference needs to be made to Section 11.17 (p)(iii) of the City's Official Plan for Duffin Heights so that Non-Participating Owners may be entitled to obtain clearance from the Trustee upon payment of their proportionate share of the costs under the CSA. Report CS 29-10 Date: July 5, 2010 Duffin Heights Neighbourhood Page 5 128 This issue has been communicated to the Duffin Heights Landowners Group's solicitor, on behalf of the Trustee, who is seeking to address these matters to staff's satisfaction. A number of minor items are also being amended or clarified. Subject to the above-noted issue being resolved, it is our solicitor's opinion that the CSA document is reasonable and represents a fair and equitable contractual agreement to distribute the costs related to the provision of required infrastructure and community lands amongst benefiting owners, present and future. The solicitor is also of the view that the City as the approval authority should not have any concerns that the CSA is inequitable or unfair. Mr. Watson's ongoing review of the financial and cost-sharing schedules of the CSA and ultimate conclusions will also note any concerns with the CSA. Staff concurs with the solicitor's opinion at this time subject to the foregoing items being satisfactorily addressed. The Director, Corporate Services & Treasurer and Watson & Associates Economists Ltd. continue to review the agreement, especially the financial clauses and cost sharing. Any items identified will be discussed with the DHLG and incorporated in the final agreement. 2.3 Additional payments from non-participating landowners may be necessary until . the actual costs of construction are known The CSA contemplates that non-participating owners must, in general, become participating parties to the CSA in order to receive the benefits of the community services that have been paid for and provided and community lands that have been provided. The Trustee may, however, choose to make other arrangements with a non- participating owner in order to satisfy the financial obligations under the CSA. The cost sharing agreement addresses a number of costs that are ongoing and others that are subject to adjustment over time. As an example, the costs to maintain school sites from the date a plan of subdivision is registered until a block. is sold to a school board are shared. In relation to hard services, the costs contained in the engineering schedules are estimates until the actual cost of construction is known. Non- participating owners have an obligation to share in the actual costs of shared services to the point of assumption of the services. Therefore, as mentioned above, this agreement will continue to evolve. 2.4 The CSA for Duff in Heights is consistent with Council's previous approvals to front- fund the costs for SWM #4 In October 2008, Council endorsed in principle the City entry into a cost sharing agreement with the DHLG and for staff to report back seeking authority to front-fund the costs of SWM #4 and related infrastructure. Subsequently, Council In the 2009 budget, approved funds in the amount of $2 million for the design and construction of SWM #4 and related infrastructure. In the CSA, the City's share as a participating landowner amounts to $1,197,669. The front funding Report CS 29-10 Date: July 5, 2010 Duffin Heights Neighbourhood Page 129 contribution for the share representing the non-participating landowners is $1,013,728. The City's total cost for SWM #4 including related infrastructure and land is in accordance with the estimated $1.81 million proposed by Sernas in a letter to the former CAO dated July 9, 2008 (see Attachment 3). This estimate has since been revised to $1.6 million. The CSA has been drafted to specifically provide that the City is a Participating Owner for sharing in the costs related to the construction of the SWM #4 and related infrastructure required. It is, therefore, recommended that the City enter into and execute the CSA with the DHLG respecting the front funding of required infrastructure subject to the items specified in item 2.2 above being satisfied. If there are any material changes to the CSA, it will not, be executed and staff will report back to Council. Attachments: 1. Duffin Heights Cost Sharing Agreement dated March 19, 2010 2. Letter from John Mascarin, Aird & Berlis LLP, dated June 22, 2010 3. Letter from Reg Webster, Sernas Associates, dated July 9, 2008 Prepared By: Approved / Endorsed By: Grant Mc regor, ma PP Gillis A. Paterson Principal Planner - Po ' y Director, Corporate S es & Treasurer f Gillis A. Paterson Neil Carr Director, Corporate Services & Treasurer Director, Planni & Development Everett Bu ma Director, Operations & Emergency Services Copy: Chief Administrative Officer Recommended for the consideration of Pickerin ity Co cil 24, Zolo Tony Prevedel, P.Eng. Chief Administrative Officer i F . 3 0 ATTACHMENT #-4.TO REPORT q DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT I March 19, 2010 INDEX 31 DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT Document Tab Table of Contents 1 Cost Sharing Agreement 2 Schedule "A-1" - Legal Description and assigned A Property Identifier Numbers for all Participating Landowners Schedule "A-2" - Plan Depicting Participating A Owners' Lands within Duffin Heights Schedule "A-3" - Contact information for all A Participating Owners and the Trustee Schedule "A-4" - Reconciliation of Historical A Administrative Costs Schedule "134" - Plan depicting location of B Community Services Schedule "B-2" - Plan depicting location of B Community Land Schedule "C" - Consultant Engineer's Cost C Sharing Schedules (to be appended following the date of this Agreement) Schedule "D" - Letter of Credit Form D Schedule "E" - Mediation Rules E Schedule "F" - Arbitration Rules F Schedule "G" - Terms of Reference for G Appraisals to determine Acreage Land Value Schedule "H" - Front Funded Owner-Constructed H Core Services as per Region's Front-Ending Agreement Schedule "1" - Plan depicting Trail Extension from I Stormwater Management Pond located on Mattamy's Lands to the Urban Boundary of Pickering (at Ajax) 3 2 TABLE OF CONTENTS DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT Article Description Page No. 1 Definitions 2 2 Schedules 9 2.1 Agreement Reference 9 2.2 List of Schedules 9 2.3 Consulting Engineer's cost sharing schedules subject 10 to ongoing adjustments 3 Intent and General Obligations 10 3.1 Participating Owners . to contribute to Community 10 Land and Community Services for the benefit of all lands within Duffin Heights 3.2 Shared servicing costs are categorized as Community 10 Services and payment obligations to be based on benefit received from Community Services 3.3 Over-dedication in Community Services may be 10, Offset Against Under-dedication in Community Land and Vice Versa, except for front ending obligations and accounting for indexing of Community Services Costs 3.4 Participating Owners to contribute towards Historical 11 Administrative Costs and Administrative Costs 3.5 Trustee shall maintain separate accounts for the 11 Historical Administrative Costs, the Owner- Constructed Core Services, the Region-Constructed Core Services, the combined Community Services and Community Land account, as well as for the Community Land revenue 3.6 Costs . shared on a Participating Owner's 11 Proportionate Share and Participating Owner's Proportionate Servicing Share basis, as applicable 3.7 Participating Owners to pay Local Share of 11 Community Services 3.8 Calculations for determining Participating Owner's 12 Proportionate Servicing Share of Costs Shared Community Servicing Costs . 3.9 Determination of what constitutes oversized services 14 l 3.10 Participating Owners to be credited for excess 15 1. J 3 contributions as Non-Participating Owners become Added Parties 3.11 Participating Owners to co-ordinate development, 15 proceed expeditiously and in good faith 3.12 Participating Owners will seek draft plan condition 15 requiring that they be in good standing pursuant to this Agreement, the Region's Front-Ending Agreement and the William Jackson Agreement, if applicable, to register and shall seek draft plan condition or other Development condition requiring participation by Non-Participating Owners 3.13 Participating Owners will support and facilitate 16 Development of other Participating Owners and will not appeal Development applications that comply with the Neighbourhood Plan 3.14 Administrative Costs payable on cash call basis and 18 adjustments for Historical Administrative Costs to be paid upon execution of Agreement 3.15 No. Participating Owner shall sell land to purchaser 18 unless purchaser agrees to be bound by Agreement 3.16 Participating Owners to enter into separate 18 arrangements for part block or lot exchanges 3.17 Community Servicing Costs completed by 18 Participating Owner to include soft costs fee equal to 20% of hard costs 3.18 Community Servicing Costs which are. subject to a 18 Development. Charge credit or recovery, but which a constructing Participating owner cannot obtain through a Development Charge credit or recovery within established period of time, shall be pooled 3.19 Participating Owners accept land uses in 21 Neighbourhood Plan 3.20 Release by Trustee for registration or final 21 Development approval contingent upon compliance with private agreements where Trustee so directed 3.21 Participating Owner released for registration or final 21 Development approval when obligations pursuant to Agreement satisfied but will be released from Agreement only after Community Services assumed Community Land dedicated 3.22 Participating Owners responsible for sharing park 21 costs associated with the Master Parkland Agreement 3.23 Participating Owners to enter into Region's Front 21 Ending Agreement or satisfy obligations is an Added 1 3 4 Party 3.24 Participating Owners with Benefiting Land for the 26 Services Associated with the Implementation' of Brock Road Reconstruction and related stormwater management facilities shall front-end costs upon receipt of notification by Trustee 3.25 Participation in and compliance with the William 26 Jackson Agreement a requirement for release from this Agreement for all parties benefiting-landowners 3.26 Pickering shall not have' any obligations under this 27 Agreement other than for the Pickering's SWM 4 Obligations 3.27 ORC's purchaser to be bound by all terms contained 27 in this Agreement for all Participating Owners other than Pickering 4 Community Services and Community Land 27 A Community Services 27 4.1 Participating Owners responsible for constructing 27 Community Services and Local Services on their lands in compliance with the ESP, co-ordinating with other Participating Owners and incorporating in subdivision agreement 4.2 Participating Owners to provide certification from 28 their professional engineer regarding Community Servicing compliance and cost confirmation which is to be certified by Consulting Engineer 4.3 Reconciliation of allocations and schedules to take 28 place at each registration and until all Community Services assumed and Community Land disposed of 4.4 Retainer of. Consulting Engineer to design, tender or 28 supervise service construction B Community Land 28 4.5 Community Services may be deleted from 29 Agreement where contribution can be achieved from Non- Participating Owners through development charges legislation 4.6 Easements and transfers of Community Land for 29 Community Services to be granted upon request or upon registration or final approval of Development Plan 4.7. Committee, to direct Trustee respecting sale of 30 Community Land and net proceeds distributed in accordance with Benefiting Owner's Proportionate Share 4.8 Method for calculating value of Community Land 31. contributions f - C 4.9 Undercontribution or overcontribution of 31 35 Community Land to be determined on phase by phase basis for Development within a Participating Owner's Lands 4.10 Community Land transfers recognized upon 31 completion or alternative arrangements are made in accordance with Agreement 4.11 Periodic Adjustments 31 C Accounts - Administration and Security 32 4.12 All under-dedicated Owners except ORC to provide 32 security or certified funds for estimated Under- dedication in Community Land and Community Services on registration or final approval of Development Plan or individual phases thereof 4.13 Trustee to repay Over-dedicated Owners' 32 entitlement in order of registration or final approval of Development Plan or individual phases thereof, as applicable 4.14 Participating Owners to deliver Development Plan, 32 surveyor's certificate, cost submission, statement of obligations from Consulting Engineer prior to Trustee authorizing release for registration 4.15 Participating Owner to provide solicitor's certificate 33 confirming transfer of Community Lands prior to or simultaneously with registration 4.16 Trustee to provide release letter to Municipality upon 33 satisfaction of requirements in Agreement 4.17 All estimates to be finally revised on assumption of 34 Community Services and confirmation of Developable Areas and adjustments for Community Services Costs to be payable after registration on . cash call basis 4.18 Consulting Engineer shall prepare draft certificate 34 upon request of Participating Owner. 4.19 Draft certificate to be provided to Participating 34 Owner for review and possible submission to arbitration 4.20 Draft Certificate becomes final 9 Business Days 34 following delivery to Participating Owner if no dispute 4.21 Participating Owner entitled to receive payment for 35 over-dedication when all provisions of Agreement complied with but no Participating Owner shall be entitled. to collect more than its ultimate Over- dedication 4.22 No payments to be made until Consulting Engineer 35 certifies costs 136 5 Trustee 35, 5.1 Functions 35 5.2 Special Functions 35 5.3 Books of Accounts 36 5.4 Access to Accoutns 36 5.5 Trustee's fees 36 5.6 Financial risk of Trustee 36 5.7 Resignation of Trustee 36 5.8 Liability of Trustee 36 5.9 Indemnity of Trustee 37 5.10 Reporting 37 6 Consulting Engineer 37 6.1 Functions 37 6.2 Duties 37 . 6.3 Consulting Engineer's fees 38, 6.4 Liability of Consulting Engineer 38 6.5 Resignation of Consulting Engineer 38 6.6 Indemnity of Consulting Engineer 38 7 The Committee 39 7.1 Composition and duties of Committee 39 7.2 Voting rights 39 7.3 Quorum is majority of votes eligible to be cast 39 7.4 Committee members may vote by instrument of 39 proxy. and each Participating Owner shall provide a list of persons authorized to act on its behalf to the Committee 7.5 With limited exceptions, all Committee decisions are 40 made by votes representing at least 70% of the total Developable Acreage and at least three Participating Owners 7.6 Committee's administrative functions may be 40 performed by two ore more Committee Members 7.7 Committee meetings may be called by any 40 Committee Member provided adequate notice given 7.8 Decisions in writing by all Participating Owners 40 binding 137 7.9 Meeting of Committee Members to be kept and 40 distributed 8 Dispute Resolution 41 8.1 Negotiation 41 8.2 Mediation 41 8.3 Arbitration 41 8.4 Procedure for settling disputes 41 9 General Provisions 42 9.1 Capacity and Indemnity 42 9.2 Defaulting Participating Owners 42 9.3 Defaulting Participating Owner's rights restored upon 43 curing of default 9.4 Added Parties and potential purchasers 43 9.5 Some Participating Owners may have entered into 44 related Agreements, amendments by unanimous consent only 9.6 Notices 44 9.7 Registration of Notice of Agreement 44 9.8 Time of the Essence 44 9.9 No Partnership 45 9.10 Agreement may be executed in counterpart 45 9.11 Agreement to be binding despite anticipated adjustments 9.12 Covenants run with the Participating Owner's Lands 45 9.13 Agreement binding on signatories 45 i 138 DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT THIS COST SHARING AGREEMENT dated the ~a day of c~ 2010. BETWEEN: MATTAMY (BROCK ROAD) LIMITED (hereafter referred to as "Mattamy") and COUGS (TILLINGS) LIMITED (hereafter referred to as "Cougs-Tillings") and COUGS (DERSAN) LTD. (hereinafter referred to as "Cougs-Dersan") and COUGS (BROCK ROAD) LTD. (hereinafter referred to as "Cougs-Brock Road") and ONTARIO REALTY CORPORATION as agent on behalf of HER MAJESTY THE QUEEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ENERGY AND INFRASTRUCTURE (hereafter referred to as "ORC") and LEBOVIC ENTERPRISES LIMITED (hereafter referred to as "Lebovic") and THE CORPORATION OF THE CITY OF PICKERING (hereafter referred to as "Pickering") and DUFFIN HEIGHTS LANDOWNERS GROUP INC. (hereafter referred to as the "Trustee") Recitals A.. Mattamy, Cougs-Tillings, Cougs-Dersan, Cougs-Brock Road, ORC, Lebovic and Pickering are the owners of the lands within the ownership limits are described at Schedule "A-1" and depicted on Schedule "A-2" or have the authority to bind the legal owners of the respective land holdings. B. Each of Mattamy, Cougs-Tillings, Cougs-Dersan, Cougs-Brock Road and Lebovic is a corporation incorporated under the laws of the Province of Ontario, and together with ORC and Pickering are collectively referred to as the "Group" or "Participating Owners" and individually referred to as a "Participating Owner"; C. The lands owned by members of the Group are located in an area within the City of Pickering described as "Duffin Heights", the limits of which are depicted on Schedule "A-2"; D. Duffin Heights is the subject of a neighbourhood plan for Duffin Heights being neighbourhood 15 as may be amended from time to time pursuant to the ESP process or otherwise (the "Neighbourhood , Plan"), which provides for the regulation and use of land for residential, recreational and community purposes; E. The Participating Owners seek to . share the costs and co-ordinate the construction obligations associated with the . public land and infrastructure I Page - 2 - 139 required in order for development to proceed within Duffin Heights through the execution of this Agreement; F. Pickering is entering into this Agreement for the sole purpose of sharing in the costs related to the construction of the stormwater management facility and related stormwater management infrastructure that will be required in conjunction with the services depicted on Schedule "B-1" as SWM 4 which will benefit land within Duffin Heights that is owned by Pickering, as determined by the Consulting Engineer in accordance with subsections 1.1(n), 1.1(q), 3.8(A) and 3.26, but excluding any maintenance costs following the construction of same until municipal assumption ("Pickering's SWM 4 Obligations"); G. Each Participating Owner has agreed to accept the land uses provided for in the Neighbourhood Plan, except for ORC, in reliance upon the rights and obligations that this Agreement will confer and impose on the Group, as well as other owners of land within Duffin Heights who are presently not parties to this Agreement; The parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 In this Agreement and the attached Schedules, the words and expressions listed in this Article shall have the meanings set out below. If a term in this Agreement is capitalized but not defined, it shall have the meaning' attributed to it firstly in the Neighbourhood Plan , and failing that, in the Municipality's by-laws affecting Duffin Heights: (a) Accounting Terms applicable to Community Services calculations are, (i) "Approved Cost" refers to that cost incurred by a Participating Owner, and certified by the Consulting Engineer with respect to a Community Service constructed on such Participating Owner's Lands, constructed by a Participating Owner on another Participating Owner's Lands by operation of subsection 3.13(c), or constructed on land external to the Participating Owners' Lands; (ii) "Credit" refers to the Estimated Cost or Approved Cost incurred by a Participating Owner for a Community Service in excess of its Participating Owners' Proportionate Servicing Share as determined by the Consulting Engineer; (iii) "Debit" refers to a Participating Owner's Proportionate Servicing Share, as determined by the Consulting Engineer, of a Community Service that has been provided by another Participating Owner; (iv) "Estimated Cost" refers to the cost of providing all or a portion of a Community Service, as estimated by the Consulting Engineer and including a contingency of 15% for all costs that are not Approved Costs; (b) "Acreage Land Value" shall mean $300,000.00, or as agreed to by the Committee, which represents, the value, on a per acre basis of Community Land or such other amount as determined by the 'Participating Owners pursuant to Section 4.11 (c) "Adaptive Fund Contribution" means the sum of $40,000.00 to be paid by the Group to the Municipality to be used, in consultation with the Toronto and Region Conservation Authority, at the Municipality's sole discretion to address any post development impacts on any terrestrial and subsurface and surface water post development conditions determined through either the Toronto and Region Conservation Authority and/or individual development undertakings of Participating Owners. (d) "Added Party" means an owner of Benefiting Lands who is not an original party to this Agreement but who agrees to be bound to this Agreement's terms and conditions at a future date as a successor in title to a Participating Owner or as a Non-Participating Owner and "Added Parties" shall mean more than one Added Party. Page - 3 - 140 (e) "Administrative Costs" means the costs approved by the Committee as having been incurred for the benefit of all Participating Owners, including but not limited to consulting, surveying, legal, engineering and other professional costs and including, (1) any monies paid by the Participating Owners following the execution of this Agreement for consultants, advisors or professional personnel to be retained by the Participating Owners or the Trustee in connection with the implementation and administration of this Agreement and the NeighbourhoodPlan,.subject to the prior approval of the Committee, and (ii) costs associated with the Trustee, Consulting Engineer and any other consultants retained by the Committee to carry out the intent and purpose of this Agreement.and includes without limitation the fees charged by them, costs of solicitors engaged by the Committee or the Trustee and the costs of any accountant engaged by the Trustee. (f) "Agreement" means this agreement and all attached schedules. (g) "Approval Authority" means the Municipality, the Region, the Toronto and Region Conservation Authority, the Ontario Municipal Board or other government entity or agency, as the case may be. (h) "Benefiting Lands" means Developable Acreage within the area determined by the Consulting Engineer to be benefiting from any category of Community Services or Community Land; (i) "Benefiting Owner" means the owner of Benefiting Lands, including Participating Owners and Non-Participating Owners; Q) "Benefiting Owners Proportionate Share" refers to that proportion which a Benefiting Owner's Developable Acreage bears to the total Developable Acreage within Duffin Heights, (k) "Benefiting Owner's Proportionate Servicina.Share" refers to the proportion of the cost of each Community Service that is to be bome by a Benefiting Owner . based upon the extent to which a Benefiting. Owner derives a benefit therefrom in relation to the benefit derived by all Benefiting Owners, as determined by the Consulting Engineer in accordance with the principles set out in this Agreement; (1) "Business Day" means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario; (m) "Committee" means the committee of Participating Owners established in accordance with Article 7. (n) "Community Land" refers to those portions or parcels of Developable Acreage or other land specifically identified below that is within the Neighbourhood Plan, for or for use as: (i) an easement which is not located within a setback defined in the applicable zoning by-law, which prevents the use of the lands which could have been made if such easement did not exist, and which is required for the construction of a Community Service (but for greater cer tainty, shall not include any temporary easements to be granted in connection with the construction of a Community Service); (ii) storm water management facilities, worlds and devices whether Iodated on Developable Acreage or land that is not Developable Acreage, including detention ponds, headwalls, and overflow weirs, inlet and outlet structures, fencing and guard rails associated with storm water management ponds, maintenance access roads, landscaping and low flow channels; (iii) Community Roads; (iv) Schools; Page - 4 - (v) parks for which a credit is provided by the Municipality pursuant to the . 141 Planning Act ; (vi) pumping stations and associated land requirements including, but not limited to access roads; provided that, (A) Participating Owners shall be required to design the subject land requirements in the most efficient manner possible, with a determination respecting the total land credit to be finally determined by the Consulting Engineer in accordance with Section 4.8, and (B) if any grading that is not specifically identified as a Community Servicing Cost, adverse soil rectification or environmental remediation is required by an Approval Authority for Community Land, then same shall be done by the Participating Owner and not by the. Group, the intention being that such costs are not a Community Servicing Cost, nor will they be subject to any adjustment of the Acreage Land Value paid for Community Land. (o) "Community Roads" means 50% of any road that is Developable Acreage and abuts on one side or up to 100% of any road that is Developable Acreage and abuts on both sides of Natural Heritage System Lands or Community Land including cul de sacs which terminate at Community Land and Natural Heritage System Lands and, notwithstanding the foregoing, shall also include 50% of any portion of William Jackson Drive (including all reserves) which abuts lands owned by a Participating Owner and is situated between the northern boundary of Mattamy's Participating Owners Lands and the northern limit of Part 1 on Plan 40R-25818. (p) "Community. Services" refers to any work, service or facility located within Duffin Heights that benefits more than one Participating Owner, as described in subparagraph 1.1(q) but only if required by an Approval Authority and without duplication; (q) "Community Servicing Cost" or "Community Services Costs" refers to the following but and only to the extent to which the cost of the work, service or facility is not subject to full recovery through a Development Charge recovery or credit or through other payments or reimbursements from an Approval Authority: (i) The total cost incurred for the construction . of Community Roads, including the Local Services constructed within Community Roads in the same percentage as they are cost shared in accordance with subsection 1.1(0) including toad base preparation, granulars, curbs, sidewalks, medians, paving, berming, planting strips, pedestrian crossings, illumination; (ii) The cost incurred for temporary and permanent stormwater management facilities (including all ponds, works and devices) if same are utilized by. a Benefiting Owner, including all excavation costs, earthworks associated with the grading of detention ponds, the transportation and placement of fill material in accordance with Section 3.8(G), headwalls, and overflow weirs, inlet and outlet structures and fencing and guard rails associated with stormwater management ponds, maintenance access roads, landscaping, mitigation and rehabilitation measures stipulated by an Approval Authority, topsoil and seeding, sodding, sediment clean out, low flow channels, monitoring and maintenance until the assumption of the stormwater management ponds by the Approval Authority and perpetual maintenance costs imposed by an Approval Authority; (iii) The cost of increased depth and oversizing watermains other than the Looped Watermain, storm, and sanitary sewers and perpetual maintenance costs imposed by an Approval Authority; (iv) The total cost of the Looped Watermain; Page - 5 - 142 (v) The entire cost of the clean water pipe and associated water quality facilities (including, without limitation, any OGS or bio-swales required by any Approval Authority) to be constructed within Duffin Heights; (vi) The cost of work required within easements granted to an Approval Authority where it benefits more than one Participating Owner; (vii) Land transfer tax and all other costs required as a result of the transfer or mortgaging of Community Land blocks from a Participating Owner to the Trustee, management of Community Land while in.the ownership of the Trustee or subject to a mortgage in favour of the Trustee, including but not limited to realty taxes, insurance, property maintenance and the disposition-related costs of the subject lands; (viii) Dewatering costs (if encountered) for oversized infrastructure with such costs to be shared between the local and over-sized components proportionate to costs of each unless the depth for over-sized servicing is the cause of dewatering in which case all dewatering costs will be attributable to over-sizing; (ix) Fencing, seeding and topsoiling of. Community Land to satisfy the requirements of an Approval Authority prior to the registration or final approval of a Development Plan and transfer to an Approval Authority; (x) Creek improvement costs to the extent that they are included in the ESP and approved by the appropriate Approval Authority including all works within or abutting the creek, including but not limited to, excavation, grading, removal of in-creek fisheries obstacles, geomorphologic rehabilitation and re-vegetation, exclusive of any works associated with any storm water management facility; (xi) Sanitary pumping station costs including forcemain to Brock Road and gravity sanitary sewer on Dersan Street from Brock Road to the Central Duffin Collector sewer; (xii) The costs of oversiiing of storm sewers and related appurtenances required to be constructed by a Participating Owner that benefits another Participating Owner or Non-Participating Owner; (xiii) Park improvement costs provided that same shall not exceed the Development Charge recoveries or credits available from the Municipality unless prior approval is obtained from the Committee; (xiv) The Adaptive Fund Contribution; (xv) The Monitoring Cost Contribution; (xvi) The costs of Services Associated with the Implementation of Brock Road Reconstruction after deductions for recoveries from the Region and/or the Municipality and any cost directly attributable to a Participating Owner(s); (xvii) A fixed contribution of $100,000.00, if required, to be applied to the cost of the construction of a trail connection from the stormwater management pond located on Mattamy's lands to the urban boundary of Pickering (at Ajax), as depicted on Schedule "I", which is to be made by the Participating Owners at such time as when the Municipality's Development Charge By-law is amended to include said trail connection; (xviii) The net cost for the acquisition of lands owned by Hydro One Inc. within Duffin Heights, as required in order to complete the construction of the stormwater management facility known as SWM 4, and which shall also include a fixed contribution of Two Thousand Six Hundred and Twenty-Five ($2,625.00) Dollars as required by the encroachment agreement that shall be entered into between the Region of Durham and Hydro One Inc; Page - 6 - 143 (xix) To the extent not included in subsections (i) to (xviii) and (xx) and (xxi), the costs of all services to be constructed pursuant to the Region's Front-Ending Agreement, whether they, are Region-Constructed Core Services or Owner-Constructed Core Services, including, without limitation, any non-recoverable component. of the Central Duffin Collector sewer as well as any increase in those costs attributable to an Added Party pursuant to Section 3.23; (xx) The total cost of water balancing and water infiltration infrastructure as required by the ESP; and (xxi) Costs incurred for purposes of delivering school sites to a school board including grading, perimeter fencing and catch-basins, if required, but excluding those costs identified in subsection 1.1(n)(B). (r) "Consulting Engineer" refers to the firm of The Sernas Group or the replacement thereof as may be approved by the Committee. (s) "Developable Acreage" refers to that acreage within Duffin Heights as determined by the Consulting Engineer by subtracting from the gross area of the Duffin Heights development boundary, the area of Natural Heritage System Lands and land owned by a Non-Participating Owner and "Developable Acre" shall mean one acre of Developable Acreage. (s) "Development" means carrying through such process as is required to permit the land referred to be used other than for its present use, an intensification or change to an existing designation or for greater than its present density and includes registration of a plan of subdivision, plan of condominium, land division approvals, site plan approval and obtaining a building permit. Developed, Develops, Developing and other such words have similar meanings but Development does not include servicing; (t) "Development Charge" means a charge payable to the Municipality or the Region pursuant to a by-law(s) duly passed by the Municipality and/or the Region pursuant to the Development Charges Act, as amended from time to time. (u) "Development Date" means the time of registration of a Development Plan by a Participating Owner, or for any particular Development Plan phases thereof, or the achievement of another Development milestone as determined by the Trustee. (v) "Development Plan" means any plan or approval by which any portion of the lands within Duffin Heights is approved for subdivision or for a use other than its present use, an intensification or change in an existing designation or for greater than its present density and includes a plan of subdivision, plan of condominium, land division, site plan approval and a building permit, provided that it is possible to service the subject land and building permits are available upon the completion of such services. (w) "Duffin Heights" means that area within the Neighbourhood Plan, which is depicted in Schedule "A-2" to this Agreement. (x) "ESP" means the environmental servicing plan that has been approved by an Approval Authority as same may be amended and approved by an Approval Authority from time to time. (y) "Group" means all of the Participating Owners that execute this Agreement and all future Added Parties. (z) "Historical Administrative Costs" means those amounts set out in Schedule "A-4" and those amounts paid by the Participating Owners prior to the date of this Agreement with respect to, engineering work completed by the Consulting Engineers, the trustee services provided by the Trustee and legal services provided by legal counsel retained by the Group, all in relation to the preparation and negotiation of this Agreement. (aa) "Interest Rate" means the prime rate of interest established from time to time by the Canadian Imperial Bank of Commerce for its best commercial customers in Toronto. Page - 7 - 1 4 4 (bb) "Letter of Credit" refers to a letter of credit unconditionally and irrevocably issued by one of the major chartered Canadian banks on behalf of a Participating Owner which bears the form and wording set forth in the specimen form attached hereto as Schedule "D". (cc) "Local Road" refers to the total road allowance on any Development Plan excluding Community Roads. (dd) "Local Services" means, (i) Local Roads, (ii) Watermains, Storm and sanitary sewers excluding the oversizing components described at Section 3.9 and excluding Community Services to be cost shared as contemplated in this Agreement; (iii) All other services that are constructed within or adjacent to a Participating Owner's lands within Duffin Heights that a Participating Owner is required to construct in order to develop its Participating Owner's Lands and, in connection with which, only that Participating Owner is a Benefiting Owner, and the Consulting Engineer shall establish, on each anniversary date of this Agreement, a cost table applicable to Local Services that will establish the cost of Local Services to guide its determination of oversizing costs for cost claims and schedule updating purposes. (ee) "Local Share" means either, (1) 100% where the Consulting Engineer has determined that a Local Service and/or Local Road benefits one Participating Owner only, and (ii) 50%0 or such other appropriate percentage which the Consulting Engineer has determined benefits two or more but not all Participating Owners of a Local Service and/or a Local Road. (if) "Looped Watermain" means the watermain system to be constructed within. Duffin Heights as depicted on Schedule "B-1" that is deemed to benefit those lands outlined on Schedule "B-1". (gg) "Master Parkland Agreement" means the agreement to be entered into between the Municipality and the Participating Owners and relates to the obligations of landowners within Duffin Heights to dedicate parkland in accordance with the Planning Act. (hh) "Monitoring Cost Contribution" means the sum of $100,000.00 to be provided to the Toronto Region Conservation Authority as provided for in the approved ESP to provide for the monitoring of terrestrial and subsurface and surface water post development conditions. (ii) "Municipality" refers to the City of Pickering in its.capacity as a municipality in . the Durham Region, in the Province of Ontario, and not in its capacity as a Participating Owner. (jj) "Natural Heritage System Lands" refers to those lands that are located within Duffin Heights, as generally depicted at Schedule "B-2", that are in the opinion of the Consulting Engineer not suitable for Development based upon the provisions of the ESP as same may be amended from time to time, as well as associated buffers that are required by an Approval Authority. (kk) "Neighbourhood Plan" has the meaning set out at Recital D. (ll) "Non-Participating Owner" refers to an owner of Benefiting Lands who is not a party to this Agreement, and may also be used to refer to the Benefiting Lands of such owners, as the context indicates. (mm) "Over-dedicated Owner" refers to that Participating Owner whose area of Community Land and the value of the Community Service contributions exceed its combined Participating Owner's Proportionate Share of Community Land L Page - 8 - 14 5 obligations and Participating Owner's Proportionate Servicing Share of Community Services requirements pursuant to this Agreement. The amount of such excess is the over-dedication. (nn) "Owner-Constructed Core Services" means those regional spine services that are required in order for land within Duffin Heights to develop including but not limited to the design and construction of the Zone II Water Booster Station, the sanitary pumping.station, forcemain and gravity sanitary sewer on Dersan Street included within Regional Commissioner of Works Reports 2007-W-95 and 2008- W-62 and any portion of the Central Duffin Collector Sewer constructed by a Participating Owner. (oo) "Participating Owners" refers to Mattamy, Cougs-Tillings, Cougs-Dersan, Cougs-Brock Road, ORC, Lebovic and Pickering, and other Added Parties and Participating Owner shall mean any one of them, provided that: (i) A Participating Owner that is comprised of more that one entity but which share common management and control shall be treated as-one party and each member of such party shall be jointly and severally responsible for the performance and obligations of such Participating Owner; (ii) Corporations which are Participating Owners and that are related, affiliated or associated shall be treated as a single Participating Owner (as a result, Cougs-Tillings, Cougs-Derson and Cougs-Brock Road shall be treated as a single Participating Owner); (iii) Pickering shall only be deemed to be a Participating Owner in relation . to Pickering's SWM4 Obligations and its rights and responsibilities shall be limited to the express terms contained in Section 3.26 ; and (iv) an entity that is related to, an affiliate of, or an associate of a Participating Owner and that becomes an owner of Benefiting Lands, including an entity that becomes an owner of Benefiting Lands currently owned by Pickering or ORC, shall be deemed to be a. Participating Owner as of the date on which it became such an owner and, 'as requested by the Trustee, shall execute an agreement confirming its agreement to be bound by this Agreement and any subsequent amendments as a Participating Owner. (pp) "Participating Owners' Lands" refers to those lands within Duffin Heights that are owned by Participating Owners from time to time, and that are included in the calculation of the Developable acreage. (qq) "Participating Owner's Proportionate Servicing Share" refers to. the proportion of the cost of each Community Service that is to be bome by a Participating Owner based upon the extent to which a Participating Owner derives. a benefit therefrom in relation to the benefit derived by all Participating Owners or, as applicable, all Benefiting Owners, as determined by the Consulting Engineer in accordance with the principles set out in this Agreement. (rr) "Participating Owner's Proportionate Share" refers to that proportion which a Participating Owner's total Developable Acreage in Duffin Heights bears to the total Developable Acreage in Duffin Heights that is owned by all Participating Owners, provided that (A) in relation to Community Roads that provide frontage for stormwater management facilities, only the Developable Acreage of the Participating Owners who are tributary to the facility shall be included in the calculation, and (B) in relation to stormwater management facilities the proportion shall be calculated in accordance with the formula set out at subsection 3.8(A). (ss) "Pickering's SWM 4 Obligations" shall have the meaning set out at Recital F. (tt) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (uu)"Region" means the Regional Municipality of Durham; Page - 9 - 1 4 6 (vv) "Region Constructed Core Services" means the portion of the Central Duffin Collector sewer that is constructed by the Region and is required for land within Duffin Heights to Develop, (ww) "Region's Front-Ending Agreement" shall have the meaning set out at Section 3.23 herein; (xx) "Services Associated with the Implementation of Brock Road Reconstruction" means any services excepting the SWM 4 Works (design, construction, long term maintenance or otherwise), whether implemented by a Participating Owner(s) or the Region, that are required by an Approval Authority and associated with the implementation of the reconstruction or urbanization of Brock Road, including, but not limited to, sanitary and storm sewers, watermains, clean water pipes and any associated appurtenances. (yy) "Services Associated with the Implementation of Street A / William Jackson Drive Construction" means any services (design, construction, long, term maintenance or otherwise) that are required to construct the collector road known as Street A / William Jackson Drive, including, but not limited to, sanitary and storm sewers, watermains, clean water pipes and any associated appurtenances, as provided for in the William Jackson Agreement. (zz) "SWM 4 Works" means the stormwater management facility and related stormwater management infrastructure that will be required in .conjunction with the services depicted on Schedule "B-1" as SWM 4. (aaa) "Trustee" refers to Duffin Heights Landowners Group Inc. and the replacement thereof as may be approved by the Committee from time to time. (bbb) "Under-dedicated Owner" refers to a Participating Owner whose Community Land and Community Service . contributions are less than its combined Participating Owner's Proportionate Share of Community Land and Participating Owner's Proportionate Servicing Share of its Community Service obligations pursuant to this Agreement. The amount of such shortfall is the underdedication. (ccc) "Unit" means a residential dwelling unit. (ddd) "William Jackson Agreement" means an agreement among Lebovic, ORC, Mattamy and Non-Participating Owners adjacent to the future William Jackson Drive regarding the dedication and construction of this collector road. ARTICLE 2 SCHEDULES 2.1 This Agreement may be referred to as the Duffin Heights Developers Group Cost Sharing Agreement. The Schedules referred to in this Agreement shall be deemed to form part of this Agreement. 2.2 The Schedules to this Agreement are as follows: Schedule "A-1" Legal Descriptions and assigned Property Identifier Numbers for all Participating Owners' Lands Schedule "A-2" Plan Depicting Participating Owners' Lands within Duffin Heights Schedule "A-3" Contact information for all Participating Owners and the Trustee Schedule "A-4" Reconciliation of Historical Administrative Costs Schedule "13-1" Plan Depicting Location of Community Services Schedule "B-2" Plan Depicting Location of Community Land Schedule "C" Consulting Engineer's Cost Sharing Schedules Schedule "D" Letter of Credit Form Page; 10 - 14 7 Schedule "E". Mediation Rules Schedule "F" Arbitration Rules Schedule "G" Terms of Reference for Determining Acreage Land Value Schedule "H" Front Funded Owner-Constructed Core Services as per as per Region's Front-Ending Agreement Schedule "I" Plan depicting Trail Extension from the stormwater management pond located on Mattamy's lands to the urban boundary of Pickering (at Ajax) 2.3 Consulting Engineer's cost sharing schedules subject to ongoing adjustments The data indicated in the Consulting Engineer's cost sharing schedules, which are collectively referred to as Schedule "C" pursuant to this Agreement, are intended to indicate the manner in which the.principles set out in this Agreement are to be implemented. However, it is intended that all details in Schedule "C" shall be subject to variation, consistent with the principles contained in this Agreement, as exact data becomes available during the course of Development and it is expressly intended that the principles set out in this Agreement shall prevail over the schedules produced by the Consulting Engineer from time to time. All such variances shall be made as required by the Consulting Engineer and shall be effective without further agreement of the Participating Owners where those changes reflect actual costs incurred, provided that the Consulting Engineer shall be responsible for providing written notification of all changes to the Schedules to the Participating Owners forthwith upon amendment. Any proposed amendment to the methodology to be followed in preparing the Schedules shall be made only if an amending agreement is executed by all of the Participating Owners, which have not been released pursuant to this Agreement. ARTICLE 3 INTENT AND GENERAL OBLIGATIONS 3.1 Participating Owners to contribute to Community Land and Community Services for the benefit of all lands within Duffin Heights The Participating Owners have agreed to dedicate Community Land and construct the Community Services on behalf of all Benefiting Owners to allow for the development of all lands within Duffin Heights. 3.2 Shared servicing costs are categorized as Community Services and payment obligations to be based on benefit received from Community Services In order to develop Duffin Heights, it is necessary to construct certain services, defined as Community Services, the costs of which are shared pursuant to this Agreement. Community Servicing Costs are allocated on the basis of the benefit each Participating Owner derives from each Community Service, as determined by the Consulting Engineer and in accordance with the principles contained in this Agreement and represented by each Participating Owner's Proportionate Servicing Share. Each Participating Owner is required to pay all costs for the Local Services constructed within its Participating Owner's Lands, save and except where a Participating Owner constructs a Local Service that is immediately adjacent to another Participating Owner's Lands, in which case the provisions of Section 3.7 shall, apply. On each anniversary date of this Agreement, the Consulting Engineer will prepare a Local Share cost table applicable to Local Services that will establish the cost of Local Services to guide its determination of Community Servicing Costs for cost claims and schedule updating purposes. i 148 Page - 11 - 3.3 Over-dedication in Community Services may be Offset Against Under- dedication in Community Land and Vice Versa, except for front ending obligations and accounting for indexing of Community Servicing Costs It is recognized that some of the Participating Owners will over contribute with respect to. Community Servicing Costs, as determined by the Participating Owner's Proportionate Servicing Share. Similarly, it is anticipated that some Participating Owners will over contribute with respect to Community Lands, as determined by the Participating Owner's Proportionate Share. An over contribution in either Community Servicing Costs or Community Lands may be offset by an under contribution in either Community Servicing Costs or Community Lands by the same Participating Owner, except for any front-ending obligation that may be required pursuant to the Region's Front-Ending Agreement or the William Jackson Agreement for that portion of William Jackson Drive which is not a Community Road and is subject to recovery from. adjacent landowners pursuant to the William Jackson Agreement. Community Servicing Costs incurred directly by a Participating Owner will be subject to increase based on the Southam Construction Index applicable in the Province of Ontario from the date the applicable Community Service is certified by a consulting engineer to be substantially completed to the date compensation is paid by an Under-dedicated Owner or credited against an under contribution in Community Land. The time for. determination of such over or under contribution for each Development Plan shall be the Development Date. 3.4 Participating Owners to contribute towards. Historical Administrative Costs and Administrative Costs Each Participating Owner covenants to pay its Participating Owner's Proportionate Share of the Historical Administrative Costs and the Administrative Costs that are incurred prior to the date each Participating Owner is released from this Agreement by the Trustee and any default in payment pursuant to this section shall be deemed to constitute a default pursuant to Section 9.2. 3.5 Trustee shall maintain separate accounts for the Historical Administrative Costs, the Administrative Costs, the Owner-Constructed Core Services, the Region-Constructed Core Services, the combined Community Services and Community Land account, as well as for Community Land revenue The Trustee shall maintain separate accounts for Historical Administrative Costs, Administrative Costs, the Owner-Constructed, Core Services, the Region- Constructed Core Services and the combined Community Services and Community Land account as well as the revenue received on account of Community Land dispositions. The Historical Administrative Cost, the Administrative Cost and Owner- Constructed Core Services accounts maintained by the Trustee shall incorporate a reconciliation for any Goods and Services Tax payment which may be .attributable to Participating Owners for payment or reporting purposes but all Community Servicing Costs and the Total Community Land Costs to be shared by the Participating Owners shall be exclusive of Goods and Services Taxes as constructing Participating Owners shall undertake all required reporting for Goods and Services Taxes. 3.6 Costs shared on a Participating Owner's Proportionate Share and Participating Owner's Proportionate Servicing Share basis, as applicable Each Participating Owner covenants and agrees to pay all costs associated therewith, in accordance with the provisions of this Agreement for all land within Duffin Heights it may own, for its: (a) Participating Owner's Proportionate Share of the Community Land costs; (b) Participating Owner's Proportionate Share of the Historical Administrative Cost and the Administrative Costs; and (c) Participating Owner's Proportionate Servicing Share of the Community Servicing Costs, Page - 12 - 14 9 as applicable, which shares shall be subject to amendment from time to time as actual costs are determined, area(s) of Developable Acreage are confirmed and this Agreement is amended by the inclusion of Added Parties. 3.7 Participating Owners to pay Local Share of Community Services Each Participating Owner shall be responsible for all costs associated with the Local Share of the Community Services constructed within its Participating Owner's Lands, provided that: (a) if a Participating Owner constructs or front-ends the cost of a Local Service which is immediately adjacent to and . benefits another Participating Owner's Lands, as determined by the Consulting Engineer; or (b) if a Participating Owner front-ends the cost of a Local Service through another Participating Owner's Lands, then the benefiting Participating Owner shall be responsible for compensating the constructing Participating Owner in the amount determined by the Consulting Engineer. However, unless expressly provided herein, the sharing of such costs shall be undertaken directly between the Participating Owners involved and shall not be reflected in the schedules to this Agreement. 3.8 Calculations for determining Participating Owner's Proportionate Servicing Share of Cost Shared Community Servicing Costs Other than oversizing costs (as defined in Section 3.9), the cost of Community Services are to be shared in each instance as follows: (A) Stormwater management facilities: Except for the SWM 4 Works, pro rata .calculation applied to Participating Owners within a tributary drainage area multiplied by the runoff co-efficient and based on a Participating Owner's Developable Acreage to the total Developable Acreage of all Participating Owners within that drainage area or stream corridor reach, taking into account the runoff co-efficient of all Developable Acreage within the service area of the pond. For the SWM 4 Works, the costs associated with the tributary area owned by Non-Participating Owners shall be shared by all Participating Owners based on each Participating Owner's Developable Acreage as compared to the total Developable Acreage of all Participating Owners. All Participating Owners that have developable Acreage that is tributary to the SWM 4 Works shall also remit payment for their Benefiting Owner's Proportionate Servicing Share of the SWM 4 Works costs. When stormwater major and minor flows are split, 75% of the costs for the-split area will be attributable to the minor system flows and 25% to the major system flows. (B) Storm sewers and storm and sanitary sewer dewatering costs (if encountered): The costs shall be allocated based upon that portion of the costs of oversizing for each length of oversized sewers to each parcel of Benefiting Land that is owned by a Participating Owner. Such allocation shall be made on the basis of the area of Developable Acreage which benefits and the extent to which each Participating Owner's Benefiting Lands are tributary to or benefit from a particular length of sewer, manhole or other sewer facility, taking into account the runoff co-efficient. (C) Watermain oyersizing. Looped Watermain and watermain dewatering costs (if encountered): Pro rata calculation applied only to Participating Owners with Benefiting Lands based on a Participating Owner's total Developable Acreage determined to be Benefiting Lands as a percentage of all Participating Owners' Developable Acreage determined to be Benefiting Lands. The Benefiting Lands for the Looped Watermain shall include all land within Duffin Heights except for lands located south of the first property ownership located along the southerly limit of Dersan Street, as depicted on Schedule "B-1". Benefiting Lands for watermain dewatering costs shall be determined on a proportionate unit count basis. I Page - 13 - 1 5 0_ (D) Sanitary.Sewers including gravity sewer: The cost of deepening any oversized sanitary sewer to the extent not covered by the Regions oversizing policy included with the Development Charge "By-law, calculated on the basis of the cost of the marginal deepening of the sewer through a Participating Owner's lands to accommodate one or more upstream Participating Owner's lands. The appor tionment of the cost among the Participating Owners shall be made based on an allocation of that. portion of the costs.which. are associated with the deepening and oversizing of each length of oversized sewers to each parcel of Benefiting Land that is owned by a Participating Owner. Such allocation shall be -made on the basis of the total Developable Acreage which are tributary to, or benefit from, a particular length of sewer, manhole or other sewer facility, and the -extent to which each Participating Owner's total Developable Acreage are tributary to, or benefit from, a particular length. of sewer, manhole or other sewer facility. (E) Pumping station and forcemain: Pro rata calculation applied only to Participating Owners with Benefiting Lands based on a Participating Owner's total Developable Acreage determined to be Benefiting Lands as a percentage of all Participating Owners' Developable Acreage determined to be Benefiting Lands by the Consulting Engineer. (F) Community Roads (including the Local Services constructed within Community Roads):. Pro rata calculation for the Developable Acreage of each parcel of Benefiting Land to the total Developable Acreage of all Benefiting Land. With the exception of Community Roads that front onto stormwater management facilities, the Benefiting Land shall be all land within Duffin Heights. Community Roads adjacent to stormwater management facilities shall be apportioned in accordance with subsection 1.1(rr). (G) Fill transport and placement costs for stormwater management ponds: As each Participating Owner completes excavation work within stormwater management pond areas, excess fill material from the pond work (i.e., fill material not required by either the constructing Participating Owner or the Participating Owner'on whose Land the construction is undertaken (the "First Fill Owners")) will be made available to all other Participating Owner's that are owners of Benefiting Lands at the time of pond/stream corridor construction for stockpile or placement on their own lands should they wish to receive the material. If there is more demand than available fill, then it shall be shared on the same basis as the subject parties benefit from the subject pond excluding the share of the First Fill Owners. If transport or placement costs are incurred to satisfy this demand for fill, the costs are the responsibility of the receiving Participating Owner. A Participating Owner that owns Benefiting Lands may decline the fill material but the cost to remove any unclaimed fill material will be borne by all Participating Owners benefiting from the subject pond on the basis of their respective Participating Owners Proportionate Share of the subject pond. The constructing Participating Owner must notify all Participating Owners that own Benefiting Lands of its intention to construct the pond/stream corridor works a minimum of 5 months prior to the construction. start. The Participating Owner that owns Benefiting Lands, for its part, must deal with the fill issue on a timeline compatible with the constructing Participating Owner's schedule otherwise such Participating Owner will be deemed to have declined its portion of the fill material. All disputes will be finally determined by the Consulting Engineer. (H) Adaptive Fund Contribution: Pro rata calculation applied to each Participating Owner based . on that Participating Owner's total Developable Acreage to the total Developable Acreage, of all Participating Owners within Duffin Heights. (1) Monitoring Cost Contribution: Pro rata calculation applied to each Participating Owner based on that Participating Owner's total Developable Acreage to the total Developable Acreage of all Participating Owners within Duffin Heights. J Page - 14 - 1 51 (J) Services Associated with the Implementation of Brock Road Reconstruction excepting the SWM 4 Works: Pro rata calculation applied to each Participating Owner based on that Participating Owner's total Developable Acreage to the total Developable Acreage of all Participating Owners within Duffin Heights. (K) Region Constructed Core Services: (i) Cost Associated with Federal Transport Lands for Central Duffin Collector Sewer from Rossland Road to Dersan Street: Pro rata calculation . applied to each Participating Owner based on that Participating Owner's total Developable Acreage to the total Developable Acreage of all Participating Owners within Duffin Heights. (ii) Cost Associated with Federal Transport Lands for Central Duffin Collector Sewer from Dersan Street to the CPR Tracks: Pro rata calculation for the Developable Acreage of each parcel of Benefiting Land to the total Developable Acreage of all Benefiting Land. (iii) Oversizing Costs of Central Duffin Collector Sewer associated with lands in Seaton Community: ORC to pay entire cost of Central Duffin Collector Sewer oversizing associated with lands in Seaton Community. (iv) Central Duffin Collector Sewer costs south of Dersan Street (after deducting costs associated with K(i) (ii) and (iii) above): Pro rata calculation applied to each Participating Owner based on that Participating Owner's total Developable Acreage to the total Developable Acreage of all Participating Owners within Duffin Heights. (v) Central Duffin Collector Sewer costs north of Dersan Street (after deducting costs associated with (K)(i), (ii) and (iii) above): Pro rata calculation for the Developable Acreage of each parcel of Benefiting Land to the total Developable Acreage of all Benefiting Land. (L) Clean water pipe and associated water quality facilities (including OGS and bio-swales): Pro rata calculation applied only to Participating Owners with Benefiting Lands based on a Participating Owner's total Developable Acreage determined to be Benefiting Lands as a percentage of all Participating Owners' Developable Acreage determined to be Benefiting Lands by the Consulting Engineer based on contributing area and as set out in Schedule "B-2" (M) Water balancing and water infiltration infrastructure: Pro rata calculation applied only to Participating Owners with Benefiting Lands based on a Participating Owner's total Developable Acreage determined to be Benefiting Lands as a percentage of all Participating Owners' Developable Acreage determined to be Benefiting Lands by the Consulting Engineer in a manner that is at all times consistent with the ESP and as set out in Schedule "B-2". (N) All Other Community Services Costs described in Section 1.1(g): Pro rata calculation applied to each Participating Owner based on that Participating Owner's total Developable Acreage to the total Developable Acreage of all Participating Owners within Duffin Heights. 3.9 Determination of what constitutes oversized services The Consulting Engineer shall determine where a Community Service constitutes an oversized service and the amount to be paid for the increased cost arising from the oversizing and the Consulting Engineer's determination shall be final and binding on the affected parties, save and except for a manifest error. At the writing of this Agreement, the Participating Owners agree that the following constitute thresholds. for the oversizing of services: C n2 Page - 15 - 1.5 2 Sewers Pipe larger than 675 millimetres in diameter and/or lower than 3.5 metres at the invert depth based upon final grade, plus manholes larger than 1500 mm diameter. Sanitary Sewers Pipe larger than 250 millimetres in diameter and/or deeper than 4.0 metres at obvert depth based upon final grade, plus manholes larger than 1200 mm diameter. Watermains Watermains larger than 200 mm in diameter and associated valve chamber installations containing valves larger than 200 mm in diameter or 2.5m deep. 3.10 Participating Owners to be credited for excess contributions as Non- Participating Owners become Added Parties As each Non-Participating Owner becomes an Added Party, the relevant schedules will be recalculated to include such Added Party as a Participating Owner and the previous Participating Owners shall be partially credited on a pro rata basis as funds are received by the Trustee from the Added Party. 3.11 Participating Owners to co-ordinate development, proceed expeditiously and in good faith (a) Development Plan and Development Agreement Each Participating Owner agrees to proceed in good faith to negotiate and settle the terms of any Development-related agreements with the Approval Authority, to obtain draft plan approval and register a Development Plan and/or the construction and payment for each categoryof Community Services provided for herein- with respect to each Participating Owner's lands. Each Participating Owner agrees to keep the Consulting . Engineer, Trustee and the other Participating Owners informed respecting the completion of the covenants and requirements contained in its Development agreement and Development conditions. (b) Phasing Each of the Participating Owners agrees that the phasing of Development shall ' be designed, insofar as is practical, to facilitate the Development of the lands owned by the other Participating Owners. (c) Engineering Approvals and Construction of Community Services and Local Services Each Participating Owner except ORC covenants and agrees to use its best efforts to obtain engineering design approval from the Approval Authority of all of the Community Services and Local Services located within its lands or for which it is given credit in the schedules to this Agreement immediately after obtaining Development approval, and in accordance with the ESP, the Neighbourhood Plan and any applicable phasing plans approved by an Approval Authority, and each Participating Owner covenants and agrees to provide its portion of each Community Service located within its lands and to construct all Local Services and Community Services in accordance with the ESP to the limits of its land. 3.12 Participating Owners will seek draft plan condition requiring that they be in good standing pursuant to this Agreement, the Region's Front-Ending Agreement and the William Jackson Agreement, if applicable, to register and shall seek draft plan condition or other Development condition requiring participation by Non-Participating Owners Each of the Participating Owners agrees to seek a Development Plan condition for its land within Duffin Heights which precludes the release or final Development approval of its Development Plan(s), or any phase thereof, by the Approval Authority unless a letter of release is provided by the Trustee to the Approval Authority confirming that the Participating Owner is a party in good standing under this Agreement, the Region's Front-Ending Agreement and the William Jackson Agreement, if applicable. Participating Owners shall also seek co-operation from the Approval Authority in assuring that all Non-Participating Owners have a Development condition which precludes the release by the Page - 16 - 153 Approval Authority of any Development Plan, or phase thereof, for registration or the final approval of any Development unless Non-Participating Owners become parties to this Agreement, the Region's Front-Ending Agreement and the William Jackson Agreement, if applicable, and are in good standing under each of these agreements as a Participating Owner. All Participating Owners agree that they will use all commercially reasonable efforts to prevent a Non-Participating Owner from connecting to any Community Service or Local Service constructed by a Participating Owner if a Non-Participating Owner refuses to execute this Agreement or is not in good standing pursuant to the Region's Front-Ending Agreement or the William Jackson, as applicable and as determined by the Trustee. 3.13 Participating Owners will support and facilitate Development of other Participating Owners and will not appeal Development applications that comply with the Neighbourhood Plan The Participating Owners covenant to act reasonably with respect to carrying out the provisions of this Agreement and where, under the terms of this Agreement, the Participating Owners are required to consent to any matter, the Participating Owners shall not unreasonably nor arbitrarily withhold or delay their consent to such matter. (a) Facilitate Development of other Participating Owners: Each Participating Owner except for ORC, will make every effort to facilitate the Development of all Participating Owners' lands, provided such Development is consistent. with the Neighbourhood Plan as well as this Agreement. The Participating Owners except for ORC further covenant to make every effort to facilitate the respective Developments of all Participating Owners' Lands, where applicable, in a timely manner and in accordance with the provisions of this Agreement, and with respect to the construction of Community Roads and Local Roads and the installation of Community Services and Local Services therein, the Participating Owners hereby covenant, acknowledge and agree as part of their servicing program within each phase as it proceeds to Develop, to extend the construction of the Community Services and Local Services, including but not limited to the Community Roads and Local Roads, to the limits of their lands so as to permit the adjoining Participating Owners to connect thereto and so as to provide uninterrupted vehicular access and servicing connections throughout adjacent Development Plans. No Participating Owner shall appeal any Development application of another Participating Owner provided that the said application is consistent with the Neighbourhood Plan and the ESP and that the applicant is not in default pursuant to this Agreement. (b) No obligation to proceed with Development or servicing/facilitation of early discharge of encumbrances: (i) Notwithstanding anything herein otherwise contained and for greater certainty, it is understood that no Participating Owner shall be obliged to proceed with servicing or to register or obtain final approval of its Development Plan within any specified time frame. However, if the Consulting Engineer determines that all or a portion of any public road allowances, stormwater management ponds and/or any other service in a'Development Plan or external to a Development Plan are required in order to proceed with the Community Services and Local Services. which benefit another Participating Owner, non-proceeding Participating Owners shall be required to undertake their reasonable best efforts to obtain discharges and postponements of existing encumbrances and to convey the required land as a fee simple transfer or easement free of all encumbrances and all taxes, assessments, and governmental charges whether yet due or delinquent, as required by an Approval Authority (and in accordance with the provisions of Section 4.5)1. for no remuneration for that limited purpose, subject to a right to be compensated for the subject land at such time as the dedicating Participating Owner proceeds to register or obtain final approval of its Development Plan in accordance with this Agreement. Page - 17 - 1 5 4 (ii) Participating Owners will deliver the aforementioned conveyances required as soon as reasonably and practically possible following . the receipt of a request to do so by the Trustee but nothing in this subsection shall require any Participating Owner to obtain a partial discharge of an encumbrance on lands which are required fora public dedication, in advance of the registration or final approval of a Development Plan, if it creates a financial liability in the form of a penalty or an obligation to remit principal in relation to the lands to be discharged. Otherwise, the Participating Owner requiring the early dedication shall wholly compensate the dedicating Participating Owner for the mortgage principal and/or penalty associated with the early partial discharge. Of the monies paid to an encumbrancer by a Participating Owner requiring early delivery of Community Land for principal and/or a penalty associated with a partial discharge, only the funds related to the principal which was pre-paid and interest saved by the dedicating Participating Owner shall be payable to the funding Participating Owner, via the Trustee, at the time the dedicating Owner's Development Plan is registered or finally approved. The Participating Owners hereby confirm that under all applicable mortgages they have the right to obtain partial discharges for lands required for public dedication on either a gratuitous or a pro-rata basis (based on area to be discharged) (c) Rights of entry, temporary working licenses: In order that each of the Participating Owners may proceed with the development of its Development Plan(s) as expeditiously as possible, each Participating Owner hereby grants to each other Participating Owner the right in the nature of a temporary license, to enter upon its lands should such entry be required in order to complete the Community Services, Local Services and/or soil transportation and temporary or permanent grading works as may be required to complete the Development of the lands of the applicable temporary licensee(s), the necessity of which shall be determined by the Consulting Engineer provided that; (i) Prior to entering onto the land of another. Participating Owner, the Participating Owner wishing to undertake any works on the lands of another (the "Requesting Owner") shall provide written notification (the "Initial Notice") of its intention to do so at least 30 Business Days in advance to the owner on whose lands such works are to be completed (the "Second Owner").. The Initial Notice shall . include detailed plans, tender documents, descriptions and cost estimates relating to the proposed works, the anticipated time frame for the completion of the proposed works, identification of the individual responsible for overseeing the proposed works and confirmation from a professional engineer that the proposed works will comply with the ESP and have been approved by Pickering (the "Construction Proposal"). The Second Owner shall have 15 Business Days to confirm, in writing, whether it wishes to complete the proposed works in accordance with the Construction Proposal as set out in the Initial Notice and on what date such works would be completed (the "Deadline Date") and, provided the Deadline Date is not more than 20 Business Days after the completion date proposed by the Requesting Owner in the Initial Notice, the Second Owner shall be the party responsible for the completion of the proposed works by the Deadline Date. (ii) The Requesting Owner shall not be permitted to construct the proposed . works unless the Second Owner approves the Construction Proposal included with the Initial Notice. If the Second Owner rejects the Construction Proposal included with the Initial Notice, requests changes to the Construction Proposal that the Requesting Owner does not agree to, or does not reply to the Construction Proposal within 15 Business Days then the Requesting Owner may submit the Construction Proposal to the Consulting Engineer. Within 15 Business Days the Consulting Engineer shall determine the necessity and reasonableness of the proposed works and the Construction Proposal associated therewith. The Consulting Engineer shall consider the Page - 18 - 155 development needs of all Participating Owners that benefit from the proposed works. The Consulting Engineer shall have the authority to accept or reject the Construction Proposal, or make whatever changes to the Construction Proposal that the Consulting Engineer in its discretion deems necessary and Pickering approves of. Within 10 Business Days of the decision of the Consulting Engineer with regard to the Construction Proposal required to be utilized to construct the proposed works, the Second Owner may agree to construct the proposed works in accordance with the Construction Proposal as approved by the Consulting Engineer in which case the Second Owner shall be. responsible to complete the construction of the proposed works. In such circumstance the Deadline Date shall be 45 Business Days after the completion date set forth in the original Construction Proposal. If the Second Owner does not elect to build the proposed works in accordance with the Construction Proposal as approved by the Consulting Engineer then the Requesting Owner shall have 10 Business Days to elect whether it intends to proceed . to construct . the proposed works in accordance with the Construction Proposal as approved by the Consulting Engineer by giving written notice to the Second Owner and the Consulting Engineer. If the Requesting Owner does not provide such notice of its intent to construct the proposed works in accordance with the Construction Proposal as approved by the Consulting Engineer, then it shall be deemed to have elected to not proceed to construct the proposed works at that time. (iii) A failure by the Second Owner to complete the proposed works by the Deadline Date shall be considered a default hereunder provided the Trustee determines that the delay in completion has materially impacted the timing of the development of any other Participating Owner and provided such delay was not due to force majeure (as determined by the Trustee). (iv) Each Participating Owner except ORC hereby covenants and agrees to indemnify all other Participating Owners, as applicable, for any and all damages and/or losses of any nature or kind, as determined by the Consulting Engineer, which may result from the entry upon the land of another Participating Owner pursuant to this section but ORC acknowledges that it shall be responsible for any and all damages and/or losses which may result from ORC entry upon the land of another Participating Owner pursuant to this section. (v) . A Participating Owner proceeding with work pursuant to this section, excepting ORC, shall be required to arrange adequate liability insurance in an amount of no less than five million dollars ($5,000,000.00), which insurance shall name the party on whose land the work is to be completed as an insured party and evidence of such insurance shall be provided to the Trustee who shall determine the adequacy of same. (vi) Any Participating Owner on whose land a Community Service, Local Service- or grading works have been completed or immediately adjacent to whose land a Community Service, Local Service or grading works have been completed, shall be responsible, at the time of Development, for compensating the front-ending Participating Owner for these costs, less the front- ending Participating Owner's Proportionate Servicing Share of the Community Service and any other recovery received by the front- ending Participating Owner, as applicable and as determined by the Consulting Engineer. Compensation by the benefiting Participating Owner shall be made on or before it is entitled to obtain a release from the Trustee pursuant to Section 3.21. 3.14 Administrative Costs payable on cash call basis and adjustments for Historical Administrative Costs to be paid upon execution of Agreement Page - 19 .1 5 6 Administrative Costs and Historical Administrative Costs that are payable pursuant to this Agreement shall be borne and paid for by the Participating Owners in accordance with their Participating Owner's Proportionate Shares pending each Participating Owner's release from this Agreement. All Added Parties shall be obligated to pay their Participating Owner's Proportionate Share of the Administrative Costs and the Historical Administrative Costs, which the Group incurred prior to the date the Added Party becomes bound to this Agreement. Upon a call from the Trustee, within forty-five • (45) Business Days after the Trustee gives notice of such call to the Participating Owners, each Participating Owner agrees to advance its Participating Owner's Proportionate Share of the. Administrative Costs incurred, and. to be incurred, failing which the Participating Owner shall be in default herein. Each Participating Owner shall remit to the Trustee its Participating Owner's Proportionate Share of the Historical Administrative Costs, or any adjustment that may then be required, upon the execution of this Agreement. 3.15 No Participating Owner shall sell land to purchaser unless purchaser agrees to be bound by Agreement The Participating Owners acknowledge that the provisions of this Agreement run with title to their respective lands described in Schedule "A-1" and the Participating Owners covenant not to sell any Benefiting Lands within Duffin Heights to any purchaser unless the purchaser agrees to be bound by the terms of this Agreement, provided that this provision shall not apply to the purchasers of individual lots which are sold with dwellings erected thereon. The agreement of purchase and sale to be entered into by any Participating Owner for Benefiting Lands shall require that, as a condition to the completion of the transaction, the purchaser shall execute an agreement that it shall be bound to this Agreement and any subsequent amendments as a Participating Owner. 3.16 Participating Owners to enter into separate arrangements for part block or lot exchanges Each Participating Owner shall be responsible for entering into distinct arrangements with other Participating Owner(s) for the exchange of part lots or blocks lying along their respective boundary lines in order to create combined lots or blocks for which building permits may be obtained. No provision is made in this agreement for any such exchanges, however, the area of all part lots and blocks shall be included in each Participating Owner's Developable Acreage. 3.17 Community Servicing Costs completed by a Participating Owner to include soft costs fee equal to 20% of hard costs All Community Servicing Costs attributed to a Participating Owner shall include compensation for all soft costs by adding a flat administration fee of 20% to the Estimated Costs and Approved Costs, as applicable, which shall include all costs associated with the approval and completion of the Community Services including: (a) the issuance of Letters of Credit to secure the works with the Approval Authority, (b) engineering and administrative fees charged by the Approval Authority, (c) surveyors, engineers, consultants, lawyers and other professionals and the like for or in respect of the design, installation and construction of or otherwise related to the Community Services, (d) additional studies to determine the scope of the Community Services and any other appurtenant works or services, (e) the preliminary design, final engineering design and construction review services, and (f) general design, project management and administration costs incurred by the Participating Owner. Page - 20 157 No Participating Owner completing any Community Services shall be required to provide the Consulting Engineer with proof of the above-listed costs. 3.18 Community Servicing Costs which are subject to a Development Charge credit or recovery, but which a constructing Participating Owner cannot obtain through a Development Charge credit or recovery shall be pooled Any portion of a Community Servicing Cost which. is subject to a recovery pursuant to an Approval Authority's Development Charge by-law, but which a constructing arid/or front-ending Participating Owner cannot obtain through a Development Charge credit or recovery at any time prior to such Participating Owner being released from this agreement, shall be assigned to the Trustee. Any such pooled Development Charge-related Community Servicing or other front-ended costs will be administered by, the Trustee pursuant to the terms of this Agreement. A Participating Owner's entitlement to Development Charge credits or recoveries hereunder: (i) shall be conditional upon such party entering into a front-ending, early payment or other agreement with the Municipality or the Region that provides for a clear entitlement to subject credits or recoveries and is in a form approved by the Trustee which shall include, but not be limited to, the Region's Front-Ending Agreement, and (ii) shall be based upon its contribution to the cost of the front-ended facility giving rise to the credits or recoveries and the extent to which it has utilized or received any credits or recoveries in accordance with the subject front-ending, early payment or other agreement (by way of payout from either the Trustee, the Municipality or the Region, set-off against payments owing to the Municipality, the Region or otherwise). Regardless of pooling, all Participating Owners shall be required to provide the Consulting Engineer with confirmation of any Development Charge credits actually utilized or recoveries received (by way of payout from the Trustee, the Municipality or the Region, set-off against payments owing to the Municipality, the Region or otherwise) and hereby authorize the Approval Authority to release all information related thereto to the Consulting Engineer or the Trustee. It shall be a condition of obtaining a clearance letter from the Trustee prior to registration or final approval of a Development Plan that each Participating Owner discloses its then anticipated entitlement to Development Charge credits or recoveries (by way of payout from either the Trustee, the Municipality or the Region, set-off against payments owing to the Municipality, the Region or otherwise). The Trustee shall maintain a separate accounting respecting the allocation of Development Charge credits or recoveries pursuant to this section. Where credits actually utilized or recoveries received by a Participating Owner exceed the allocation of credits or recoveries, as applicable and as same may be adjusted from time to time, the Consulting Engineer shall provide a statement to the Trustee quantifying the value of the overdrawn Development Charge credit or recovery applied to the. affected Participating Owner(s). Upon receipt of such statement, the Trustee shall call .for immediate payment by the affected Participating Owner(s) of the excess credits utilized or recoveries received. If the affected Participating Owner(s) fail to remit payment within thirty (30) Business Days following receipt of a demand from the Trustee, the Trustee shall be entitled to draw down on any Letter of Credit or cash on hand to the affected Participating Owner(s)' account and to withhold any Community Land or other revenue otherwise owing to the overdrawn Participating Owner and to apply those funds to reimburse the other Participating Owners. The following rules shall apply to the Trustee's administration of, accounting for and ultimate distribution of Development Charge credits or recoveries: (a) Where a Participating. Owner(s) front-ends more than its Participating Owner's Proportionate Servicing Share of any Community Servicing Cost or the cost of a service that is the subject of the Region's Front Ending Agreement, provided that the subject service is eligible for a Development Charge credit or recovery, that Participating Owner(s) shall be entitled to first priority, in the receipt of Development Charge recoveries and credits. from the Trustee. The first priority shall remain in place until the Participating Owner(s)' front-ended share of costs that are subject to a Development Charge credit or recovery is reduced to its Participating Owner's Proportionate Servicing Share of the recoverable cost. Page - 21 - 1 5 8 (b) Where more than one Participating Owner has front-ended costs. that are subject to a Development Charge credit or recovery, the Development Charge credits or recoveries shall accrue first to the Participating Owner that is in a greater credit position based upon a pro rata comparison of front-ending Participating Owners. (c) Once the front-ending balances of Participating Owners who have front- ended costs in excess of their respective Participating Owner's Proportionate Servicing Share have been equalized, those front-ending owners shall be entitled to receive all development charge credits or recoveries on a pro rata basis until their respective receivables are reduced to their Participating Owner's Proportionate Servicing Share of the recoverable costs. (d) At the stage all Participating Owners have contributed an amount equal to their Participating Owner's Proportionate Servicing Share of the recoverable cost, any further Development Charge recoveries or credits received by the Trustee shall be paid or allocated, as applicable, to the Participating Owners in order of their respective dates of registration or approval of a Development Plan. Any two Participating Owners may transfer Development Charge credits to one another on terms that are acceptable to such Participating Owners, provided that: (i) the contemplated transfer of Development Charge credits is administered by the Trustee in order to assure that all Development Charge credits are properly accounted for opposite the Region and Pickering as well as this Agreement, (ii) in the view of the Trustee, the contemplated transfer of Development Charge credits will not result in the delay of the application of the foregoing rules or any payment or crediting of any Development Charge credits to any other Participating Owner, and (iii) all Participating Owners and the Trustee are given 60 days prior written notice of the contemplated transfer of Development Charge credits. A failure by any Participating Owner to comply with the provisions of this section shall be a default under this Agreement and shall be subject to the remedies set out at Section 9.2. 3.19 Participating Owners accept land uses In Neighbourhood Plan The Participating Owners accept the land use designations in the Neighbourhood Plan and in strict reliance upon the provisions of this Agreement, provided that amendments to the Neighbourhood Plan which are approved by the Ontario Municipal Board, are agreed to in writing by all Participating Owners or where no objection is raised to such amendment, shall be deemed to be incorporated into this Agreement. 3.20 Release by Trustee for registration or final Development approval contingent upon compliance with private agreements where Trustee so directed The Owners acknowledge that additional private agreements will be necessary among Participating Owners in order to Develop their lands expeditiously and cost effectively. Where Participating Owners enter into such further cost sharing agreements such Participating Owners shall forthwith notify the Trustee of the existence of such agreements, and compliance with the terms of those agreements shall be a prerequisite for the Trustee's release letter to the Municipality for registration or final Development approval, provided all parties to the further agreements so direct the Trustee and advise which Participating Owner(s) or designate are to provide confirmation' of compliance. The Trustee shall not be called upon to make any independent assessment respecting compliance with the further agreements and shall be entitled to withhold its release letter pending confirmation of compliance from the identified parties to the private agreement(s): 3.21 Participating Owner released for registration or final Development approval when obligations pursuant to Agreement satisfied but will be released from Agreement only after Community Services assumed and Community Land dedicated Page - 22 - 159 At such time as a Participating Owner satisfies all of its pre Development Date obligations pursuant to this Agreement, the Trustee shall issue a letter to the Municipality confirming that the Participating Owner is in good standing and may be released for registration or final Development approval. However, each Participating Owner shall not be released from this Agreement for each phase of its Development Plan(s) unless and until all. Community Services located within and tributary to the subject phase of its Development Plan(s) have been assumed by the Municipality and all Community Land located within the Development Plan has been dedicated to an Approval Authority or the Trustee and the Participating Owner remains in good standing pursuant to this Agreement, the Region's Front-Ending Agreement and the William Jackson Agreement, if applicable. A Participating Owner shall have the option of remaining in the Agreement until all of the Community Services that a Participating Owner benefits from are complete and the Consulting Engineer confirms the Approved Costs for same and the Trustee has made all payments and distributions contemplated by this Agreement. The only exceptions to this entitlement to be released from the Agreement will exist where: (a) a. Development contains no Community Services or Community Land, in which case the Participating Owner will be released from this Agreement when all Community Services that its lands are tributary to have been assumed by the Municipality, as determined by the Consulting Engineer; or (b) a Participating Owner is the beneficiary of a Local Service, Community Service and/or grading works constructed on its Participating Owners' Lands by another Participating Owner and any payment remains outstanding in accordance with subsection 3.13(c)(vi). All Participating Owners that are released from this Agreement shall be obligated to remit to the Trustee a contingency payment equal to 15% of the Estimated Cost of those Community Services that are incomplete and which they benefit from, on or before the date the Participating Owner is released from this Agreement. Following release from this Agreement, a Participating Owner shall have no obligation to make any further contributions but shall be entitled to receive any outstanding over-dedication it may have for its combined Community Services and Community Land account, an entitlement to revenue from the sale of Community Land or any contributions made towards the Administrative Costs or the Historical Administrative Costs (it being understood that all recoveries, payments. or reimbursements received after the date of release from . this Agreement for any Participating Owner, whether from an Approval Authority or otherwise, will be factored in when determining an over-dedication.) 3.22 Participating Owners responsible for sharing park costs associated with the Master Parkland Agreement The Participating Owners will cost share the park dedication requirements set out in the Master Parkland Agreement on the basis of their respective Participating Owner's Proportionate Shares, either through the conveyance of land for park purposes to an Approval Authority for which a credit is provided pursuant to the Planning Act or through a debit against its combined Community Services and Community Land account, as determined by the Consulting Engineer. 3.23 Participating Owners to Enter Into Region's Front Ending Agreement or to satisfy obligations if an Added Party (a) The Participating Owners who are the original signatories to this Agreement shall be required to enter into a front funding agreement(s) with the Region that will address the funding and construction of infrastructure that is required in order for Duffin Heights, among other land, to Develop (the "Region's Front-Ending Agreement"). The Region's Front Ending Agreement will address the funding and construction of:(i) The extension of the Central Duffin Collector Sewer, whether constructed by the Region or Participating Owner(s); (ii) the Zone II water booster station; (iii) Sanitary pumping station; and (iv) Forcemain (from sanitary pumping station to Brock Road) and gravity sanitary sewer (on Dersan Street from Brock Road to the Central Duffin Collector sewer), as provided for in the Regional Commissioner of Works Reports 2007-W-95 and 2008-W-62. Page - 23 - 1 6 0 (b) For purposes of front-ending only (as the basis of cost sharing of these items are dealt with separately in this Agreement), the Participating Owners agree to the following as the basis for determining their respective Participating Owner's Proportionate Servicing Share of the collective front-funding obligations under the Region's Front-Ending Agreement: (i) all services comprising Region-Constructed Core Services shall be front-ended among the Participating Owners on the basis described in Section 3.8(K), it being understood that Mattamy and Lebovic will be solely responsible for delivering all of the draw-down security provided for in the Region's Front-Ending Agreement and ORC will be responsible for making payments to the Region for a fixed percentage of the associated costs as they are incurred. The distribution between the cash call obligations of ORC and the security to be provided by. Mattamy and Lebovic pursuant to the Region's Front-Ending Agreement does not reflect the funding obligations set out in Section 3.8(K), nor does the distribution take into account the contributions that will be required by Cougs pursuant to Section 3.23(c) of this Agreement and Added Parties pursuant to Section 3.23(r) of this Agreement. Schedule "J" to this Agreement sets out the distribution of Region-Constructed Core Services costs among the parties to this Agreement. ORC shall remit to the Trustee a top up payment for the shortfall in its contribution obligations in accordance with a cash call to be issued by the Trustee that will be coincident with each payment that ORG makes to the Region for the Region-Constructed Core Services; (ii) all services comprising Owner-Constructed Core Services shall be front-ended among the Participating Owners based on a pro rata calculation applied only to Participating Owners with Benefiting Lands based on a Participating Owner's total Developable Acreage. determined to be Benefiting Lands as a percentage of all Participating Owners' Developable Acreage determined to be Benefiting Lands by the Consulting Engineer on a tributary acreage basis; and (iii) Administrative Costs applicable to the completion of the Region's Front Funding Agreement, the Owner-Constructed Core Services and the Region Constructed Core Services and any costs, associated with services addressed in the Region's Front-Ending Agreement but which are not Region-Constructed Core Services or Owner-Constructed Core Services. shall be front-ended among the Participating Owners in accordance with their respective Participating Owner's Proportionate Shares. (c) The Participating Owners shall meet all financial obligations under the Region's Front-Ending Agreement in connection with any Region-Constructed Core Services or in connection with the construction of any Owner-Constructed Core Services within 30 days of receiving a demand by the Trustee. Notwithstanding the foregoing, the Participating Owners acknowledge that: (i) Cougs shall not be obligated to provide the Trustee with its Participating Owner's Proportionate Servicing Share of any costs or security under the Region's Front-Ending Agreement in connection with any Region-Constructed Core Services or in connection with the construction of any Owner-Constructed Core Services until that date which is 20 days following the granting of draft plan approval for the Cougs' land within Duffin Heights or any portion. thereof that has received draft plan approval; (ii) the ORC shall provide the Trustee with its Participating Owner's Proportionate Servicing Share of any financial obligations under the Region's Front-Ending Agreement in connection with any Region- Constructed Core Services or in connection with the construction of any Owner-Constructed Core Services on a cash call basis no more than 30 days after receipt of a cash call from the Trustee; and (iii) Mattamy and Lebovic will be compensated for the additional costs each will incur in providing more security to the Region pursuant to the Region's Front-Ending Agreement for the Owner-Constructed Core Services than each is required to based upon their respective Page-24- 161 Participating Owner's Proportionate Servicing Share in a sum to be fixed by the Consulting Engineer on the date the Trustee issues its first cash call for Owner-Constructed Core Services. The amount shall be . payable by the Participating Owners on the date the Trustee issues its first cash call for the cost of the Owner-Constructed Core Services or on the date this Agreement is. executed, whichever is later. (d) It is acknowledged that the financial obligations pursuant to the Region's Front-. Ending Agreement must be in place before the commencement of construction of each component of the applicable Region-Constructed Core Services or the Owner-Constructed Core Services. (e) The Participating Owners agree to complete the Owner-Constructed Core Services in accordance with the provisions of this Agreement and, at all times, in compliance with the provisions of the Region's Front Funding Agreement. Funds required for payment for the Owner-Constructed Core Services shall be collected on a cash call basis based on each Participating Owner's Proportionate Servicing Share of the Owner-Constructed Core Services. (f) The Participating Owners will remit payment within 30 days following receipt of a written notice. calling for payment from the Trustee in connection with any front- ended item contemplated by this Section or the Region's Front Ending Agreement. (g) The applicable Participating Owner's Proportionate Share and the Participating Owner's Proportionate Servicing Share for each Participating Owner will be subject to adjustment as Net Developable Area of the Owners' Lands is confirmed through the subdivision registration process and the inclusion of Added Parties. Each Participating Owner hereby agrees to adjust any payments or security following receipt of a notice of readjustment from the Trustee. (h) The Participating Owners acknowledge that execution of this Agreement constitutes their respective. covenants to proceed with the design and construction of the Owner-Constructed Core Services following approval by the Region. The Consulting Engineer shall design and the. Participating Owners shall construct those Owner-Constructed Core Services which have been or will then be approved by the Approval Authority forthwith following execution of this Agreement, provided that: (i) An individual Participating Owner may construct a portion of the Owner-Constructed Core Services if the Consulting Engineer and the Committee unanimously approve the proposed form of tender. Approval for individual Participating Owners' contracting to construct such Owner-Constructed Core Services shall be contingent in all cases upon providing satisfactory evidence to the Trustee that adequate security has been posted with . the Approval. Authority for the completion of the subject Owner-Constructed Core Services; and (ii) The Owner-Constructed Core Services shall be designed in the manner which is most cost efficient, bearing in mind individual Participating Owners must conform therewith. The Consulting Engineer must consider the views -of the Participating Owners or their respective engineers. (i) The Trustee shall create a management corporation on behalf of the Group for purposes of entering into any and all contractual arrangements required to complete the Owner-Constructed Core Services that are not being completed by an individual Participating Owner in accordance with the provisions immediately above, including the execution of development and/or servicing agreements required by the Approval Authority in order to undertake and complete the Owner-Constructed Core Services. All contracts entered into shall be with contractors at arms length to the Trustee, Consulting Engineer and Participating Owners. (j) The Consulting Engineer shall prepare and issue a call for tenders for the Owner- Constructed Core Services based upon the Owner-Constructed Core Services Plan attached as Schedule "H", as same may be amended in accordance with the unanimous approval of the Participating Owners and consent of the Approval Authority, forthwith upon the execution of this Agreement. Upon receipt of the Page - 25 - 162 tender(s), the Consulting Engineer shall recommend to the Committee a contractor for the construction of the Owner-Constructed Core Services. The Committee or an appointed sub-committee may then negotiate with the tenderer. After allowing such interval as the Consulting Engineer deems reasonable for such negotiations, the Consulting Engineer shall recommend a contract to the Group and unless the Committee adopts a decision to the contrary, a contract as recommended shall be concluded by the Trustee as an authorized signing officer of the management corporation. (k) Each Participating Owner hereby agrees to deliver forthwith'to the Trustee, following approval by the Approval Authority of the subject Owner-Constructed Core Services, transfers to the appropriate Approval Authority of all land and easements within its ownership which are required to complete the subject Owner-Constructed Core Services. Where the transfers of land and/or easements cannot be completed because required reference plans have not yet been deposited, the said transfers shall be completed with the plan and part numbers left blank. Documents delivered in blank shall be accompanied by an irrevocable direction to the Trustee authorizing the Trustee to complete the plan and part numbers at such time as the requisite reference plans have been registered.. In addition to delivering the requisite transfers of land and easements pursuant to this section, Participating Owners shall deliver from all mortgagees registered on title to the subject land partial discharges for transfers of land in fee simple and postponements of mortgage for transfers of easements. Where the subject lands cannot be properly described because a reference plan has not yet been deposited, the affected Participating Owners shall also be obligated to deliver an irrevocable direction from their mortgagee(s) to the Trustee authorizing the completion of the plan and part numbers at such time as the requisite reference plans have been registered. All other Participating Owners acknowledge that ORC shall not be required to deliver any of the aforementioned transfers or easements unless and until it has obtained all required approvals and the ORC agrees to take all commercially reasonable steps to obtain such required approvals. (1) The Participating Owners hereby grant a right in favour of the management company created by the Trustee or the Trustee, as applicable, as well as its contractors, agents and assigns, which right shall constitute a right in the nature of a licence, to enter upon their respective lands for purposes of constructing and maintaining the Owner-Constructed Core Services until such time as same may be assumed by the Approval. Authority. The rights granted under this section shall be enforceable as against each Participating Owner in the form of an injunction preventing any obstruction of the rights granted hereunder and each Participating Owner's execution of this Agreement constitutes consent to judgment in this regard. (m) All Community Land transfers delivered to the Trustee in accordance with this section shall be accounted for through the reconciliation process provided for in Article 4 for Community Services and Community Land. As such, no statements issued by the Consulting Engineer for Owner-Constructed Core Services shall refer in any respect to the value associated with the Community Land required to complete the Owner-Constructed Core Services. (n) The Consulting Engineer shall issue payment certificates as the work on the Owner-Constructed Core Services proceeds. Upon receipt of such payment certificate, the Trustee and/or the Consulting Engineer shall provide the Participating Owners with copies of the payment certificates. Based upon the terms of each payment certificate, each Participating Owner (other" than a Participating Owner that constructs the subject portion of the Owner-Constructed Core Services in accordance with subsection (a) above) shall, within 30 days following its receipt of any payment certificate remit a certified cheque to the Trustee for its Participating Owner's Proportionate Servicing Share "of the applicable portion of the subject Owner-Constructed Core Services. (o) If at any time or from time to time a Participating Owner does not provide its Participating Owner's Proportionate Share or Participating Owner's Proportionate Servicing Share, as applicable, of the security or cash call payments contemplated herein or. pursuant to a call for same by the Trustee under the Region's Front-Ending Agreement, such failure to provide security or cash shall constitute a default by the Participating Owner pursuant to Article 9 and all. Page - 26 - V remedies thereunder (including, without limitation, the interest provisions therein) shall be available. (p) The Consulting Engineer shall be responsible for providing ongoing certifications. to the Approval Authority regarding the substantial -completion of Owner- Constructed Core Services in order that any letters of credit lodged with the Approval Authority by the Participating Owners may be reduced accordingly. (q) Each Participating Owner acknowledges and agrees that the payments made and security deposited by the Participating Owners for the Owner-Constructed Core Services costs include funding on behalf of Non-Participating Owners with Benefiting Lands. Accordingly, the Participating Owners and the Trustee covenant and agree to pursue. all commercially reasonable means to recover such costs incurred on behalf of these Non-Participating Owners. (r) While all. Added Parties shall not be parties to the Region's Front-Ending Agreement, they shall be obligated to satisfy their obligations pursuant to the Region's Front-Ending Agreement upon and after execution of this Agreement as if each Added Party had been an original. signatory to the Region's Front-Ending Agreement. This obligation includes, upon execution, the replacement of each Added Party's Participating Owner's Proportionate Servicing Share of all security previously delivered to the Trustee pursuant to the Region's Front-Ending Agreement that has not then been drawn down by the Region. In addition, upon execution, each Added Party shall remit to the Trustee for distribution among the original signatories to this Agreement, its Participating Owner's Proportionate Servicing Share of any security that has the Region has drawn down and which the original parties have paid for services pursuant to the Region's Front-Endign Agreement. Added Parties shall also remit any increase in costs from the date the payment(s) are made by the original owners or security is drawn down by the Region to the date of payment by an added Party based on the application of the Southam Construction Index applicable in the Province of Ontario. The Trustee shall confirm and administer Added Parties' obligations pursuant to the Region's Front-Ending Agreement as the Region does not wish to include provisions in the Region's Front-Ending Agreement for direct participation by additional parties. (s) The Participating Owners shall work cooperatively and in good faith to recover the maximum possible amount for the services that are the subject of the Region's Front Ending Agreement. 3.24 Participating Owners with Benefiting Land for the Services Associated with the Implementation of Brock Road Reconstruction and related stormwater management facilities shall front-end costs upon receipt of notification by Trustee The Participating Owners acknowledge that the Region of Durham has confirmed its intention to proceed with the urbanization of Brock Road within Duffin Heights in 2009. In order to co-ordinate this urbanization work with the Community Services required by some Participating Owners in the vicinity of Brock Road, all Participating Owners with Benefiting Land for the Services Associated with the Implementation of Brock Road Reconstruction and related stormwater management facilities shall front end the associated construction costs to the Trustee within thirty (30) days following receipt of a call for funds. The Trustee will enter into contracts on behalf of the Participating Owners who have Benefiting Land.for the Services Associated with the Implementation of Brock Road Reconstruction. The Trustee shall receive its instructions regarding the tendering of the Services Associated with the Implementation of Brock Road Reconstruction and related stormwater facilities from the Participating Owners with Benefiting Land pursuant to the decision making process set out in Article 7, provided that the voting arrangements shall be adjusted to exclude all Participating Owners who do not have any Benefiting Land. 3.25 Participation in and compliance with the William Jackson Agreement a requirement for release from this Agreement for all parties and benefiting landowners Lebovic, Mattamy and ORC will enter into the William Jackson Agreement in relation to the Services Associated with the Implementation of Street A / William Jackson Drive. All landowners, that are cited in the William Jackson Agreement - - Page - 27 - 164 as benefiting from the Services Associated with the Implementation of Street A/William Jackson Drive shall be parties in good standing pursuant to the William Jackson Agreement in order to be released from this Agreement. Confirmation of compliance with the William Jackson. Agreement shall be provided by the Trustee named in the William Jackson Agreement. Should any conflict arise in connection with the interpretation of the provisions of this Agreement and/or the provisions of the William Jackson Agreement, the provisions of this Agreement shall prevail. 3.26 Pickering shall not have any obligations under this Agreement other than for the Pickering's SWM 4 Obligations Notwithstanding any . other provision of this Agreement, Pickering's sole requirement pursuant to this Agreement shall be to contribute to Pickering's SWM 4 Obligations in accordance with the cash call provisions provided for at Section 3.24. The costs that Pickering shall contribute to in relation to the stormwater management pond and the related stormwater infrastructure which will be necessitated by the Services Associated with the Implementation of Brock Road Reconstruction shall include all design and construction costs that are required by an Approval Authority including, but without limitation, all storm sewers tributary to such stormwater management facility, but not including long term maintenance costs until municipal assumption. Pickering's contribution to the costs of construction SWM 4 will be comprised of: (a) Pickering's Participating Owner's Proportionate Servicing. Share of the costs to construction SWM 4; and (b) Pickering's Participating Owner's Share of the Community Land required for SWM 4. Pickering shall not be obligated to contribute to. the maintenance of SWM 4 or the stormwater infrastructure that is required in relation to the Services Associated with the Implementation of Brock Road Reconstruction. However, Pickering -covenants and agrees that it will: (i) not sell any land that is declared surplus within Duffin Heights unless its purchaser becomes an Added Party to this Agreement on the basis that its purchaser assumes the full rights and responsibilities of every other Participating Owner except ORC, including but not limited to the payment of all costs pursuant to this Agreement that other Participating Owners are required to contribute to but which Pickering is not required to contribute to pursuant to this Section 3.26, and (ii) without in any way fettering its discretion, take all reasonable steps to assist in the recovery of any costs relating to SWM 4 Works attributable to Non-Participating Owners. Pickering shall be entitled to receive notification of Participating Owners' meetings, to receive minutes of meetings and to cast its votes pursuant to the provisions contained in Sections 5.2, 7.1 and 7.2. 3.27 ORC's purchaser to be bound to all terms contained in this Agreement for .all Participating Owners other than Pickering Other than a sale or transfer to an Approval Authority or other government body, ORC covenants and agrees that it will not sell any land it owns within Duffin Heights to a purchaser unless the purchaser becomes an Added Party to this Agreement and on the basis that its purchaser assumes the full rights and responsibilities of every other Participating Owner except Pickering, including but not limited to an obligation to provide all indemnities referenced in this Agreement as well as the delivery of security which ORC is not required to provide pursuant to this Agreement. ARTICLE 4 COMMUNITY SERVICES AND COMMUNITY LAND A. COMMUNITY SERVICES 4.1 Participating Owners responsible for constructing Community Services and Local Services on their lands in compliance with the ESP, co- ordinating with other Participating Owners and incorporating in subdivision agreement Page - 28 - 165 Subject to the provisions of subsection 3.13(c), the Participating Owners shall be responsible for constructing the Community Services and Local Services located on their respective lands within Duffin Heights in compliance with the ESP and to assume responsibility for the rectification of any deficiencies and maintenance of same until the subject Community Services and Local Services are assumed by the Approval Authority through their respective Development agreements with the Municipality. All Participating Owners that construct a Community Service or a Local Service that another Participating Owner requires to service its land, shall obtain written confirmation from the Consulting Engineer, prior to construction, that its engineering plans comply with the ESP and that the services have been co-ordinated with other Participating Owners. A constructing Participating Owner's Credit shall be fixed on the date-each Community Service is assumed by an Approval Authority in the amount confirmed by the Consulting Engineer, subject only to indexing in accordance with section 3.3, and no Credit.will be available to any Participating Owner until a Community Service has been certified as an Approved Cost by the Consulting Engineer. 4.2 Participating Owners to provide certification from their professional engineer regarding Community Services compliance and cost confirmation which is to be certified by Consulting Engineer Each Participating Owner shall provide a certificate from its professional engineers to the Consulting Engineers that confirms the cost of the Community Services constructed within its Participating Owner's Lands and that the Community Services comply with the ESP. The Consulting Engineer shall from time to time determine the Estimated Costs incurred for Community Services and shall revise the schedules by substituting Approved Costs for Estimated Costs. Where a Participating Owner constructs a Community Service that does not comply with the ESP, it will be considered a defaulting owner and subject to the remedies provided for in section 9.2 of this Agreement. In addition, the constructing Participating Owner will be responsible for all additional costs incurred by a Benefiting Owner in obtaining an alternative servicing solution approved by the Consulting Engineer and the Approval Authority and necessitated by the construction of a Community Service that does not comply with the ESP. The Consulting Engineer shall review cost submissions received by Participating Owners' professional engineers and the Consulting Engineer shall satisfy itself that the allocation of costs for Community Services is reasonable and may adjust the cost as the Consulting Engineer.deems appropriate. 4.3 Reconciliation of allocations and schedules to take place at each registration and until all Community Services assumed and Community Land. disposed of The Trustee and the Consulting Engineer shall complete a reconciliation of all allocations and schedules maintained pursuant to this Agreement on the date the first Development Plan, or phase thereof, is registered or receives final approval and each time a. Development Plan, or phase thereof, is registered or receives final approval until such date as all Community Services are assumed. by the Approval Authority and all Community Land is disposed of and proceeds distributed among the Participating Owners. This Agreement shall terminate on the later of: (a) the date the last Community Service is assumed by an Approval Authority; ,or (b) the last parcel of Community Land is disposed.of and the proceeds are distributed by the Trustee pursuant to the terms of this Agreement. 4.4 Retainer of Consulting Engineer to design, tender or supervise service construction One or more of the Participating Owners may at any time retain the Consulting Engineer to design, tender and supervise the construction of the Community Services or Local Services located within its Participating Owner's Lands, which retainer shall not be deemed to be a conflict with the Consulting Engineer's obligations pursuant to this Agreement, provided that the prior approval of the Committee is obtained. I i Page - 29 - 1 6 6 COMMUNITY LAND 4.5 Easements and transfers of Community Land for Community Services to be granted upon request or upon registration or final approval of Development Plan In conjunction with the registration or final approval of its Development Plan, each Participating Owner shall as soon.as is reasonably and practically possible grant to the Municipality or any other Approval Authority such easements, conveyances or other rights in land as are required by the Municipality or Approval Authority in connection with the Development and servicing of the Development Plan and the Development Plans of all other Participating Owners, failing which a Participating Owner will be in default pursuant to this Agreement and the provisions of Section 9.2 shall apply during. the period of default. In addition, each Participating Owner shall grant such private, temporary licenses upon receipt of written demand from the Trustee, as may be required to facilitate the completion of the Community Services. Where a Participating Owner seeks to register or obtain final approval of a Development Plan, it shall be required to convey or dedicate to the Approval Authority or the Trustee on behalf of the. Group, or otherwise in accordance with this Agreement, all its Community Land contained therein, free from mortgages, charges,. easements, encumbrances and all taxes, assessments, and governmental charges, whether yet due or delinquent, failing "which a Participating Owner shall be considered in default pursuant to Section 9.2. 4.6 Participating Owners with Community Land parcels to transfer parcels to Trustee pending sale or adequately secure to Trustee's satisfaction Participating Owners with Community Land parcels located on their Development Plans shall: (a) except for ORC, transfer any.Community Land parcels that are not immediately required by an Approval Authority or school board, as applicable, to the Trustee as a bare trustee on behalf of the transferring Participating Owner with the proceeds to be disbursed among the Participating Owners in accordance with this Agreement. As a condition of the Trustee issuing a release letter in accordance with Section 4.16, affected Participating Owners shall deliver to the Trustee a transfer in electronic format sufficient for registration purposes for the Community Land parcels not immediately required by an Approval Authority or school board, as applicable, and an irrevocable direction to the Trustee that the transfer and the discharge of any mortgages, charges, liens, easements or encumbrances required pursuant to this Agreement may be registered electronically immediately upon the registration or final approval of the Development Plan and the lifting of any inhibiting order that may be registered on the land within the Development Plan, or (b) with the consent and upon terms approved by the Trustee, retain ownership of the applicable Community Land block, provided that the discharge of any mortgages, charges, liens, easements or encumbrances are registered forthwith upon the registration or final approval of the Development Plan and in all cases either, (i) The Participating Owner shall deliver to the Trustee all documentation that the Trustee may reasonably require in order to electronically register a restriction against the subject land that prevents any transfer of the land without the consent-of the Trustee. The Trustee shall not provide this consent to release the restriction unless the land is then subject to an irrevocable direction that all proceeds owing pursuant to agreement of purchase and sale approved by the Committee have been directed for payment to the Trustee, or (ii) The Participating Owner shall deliver to the Trustee all documentation that the Trustee may reasonably require in order to electronically register a charge/mortgage of land in favour of the Trustee on behalf of the Participating Owners in an amount which is equal to the area of the Community Land parcel multiplied by 1.5 times the current Acreage Land Value, which mortgage shall become due and payable, on demand, upon a transfer of any kind, and i Page - 30 - 167 (iii) all legal costs associated with the transfer of the Community Land parcel to a school board or Approval Authority, as applicable, or in accordance with this Agreement shall be a shared by the Participating Owners as an Administrative Cost. (c) The Participating Owners acknowledge that subsection 4.6(b) (i) shall be the only means by which ORC shall secure any Community Land within its ownership that is not.immediately required by an Approval Authority or a school board. 4.7 Committee to direct Trustee respecting sale of Community Land and net proceeds distributed in accordance with Benefiting Owner's Proportionate Share No Participating Owner shall enter into an agreement to dispose of (a) Community Land or any other land within the ownership, either legal and/or beneficial, of the Trustee for the,benefit of the Group pursuant to this Agreement, or (b) Community Land within a Participating Owner's ownership pursuant to subsection 4.6(b), nor approve any appraisal contemplated by any such agreement without the prior approval of the Committee as the Committee shall. determine the manner in and terms upon which all such Community Land is to be disposed of in accordance with the voting provisions contained in Section 7.5 and, without limitation, shall direct the Trustee in writing respecting (i) the terms of all agreements to be entered into respecting the subject land, whether for a sale to a school board or any Approval Authority, and (ii),the approval of all appraisers and appraisals contemplated by such agreements. Further, prior to entering into such agreements of purchase and sale, the Committee shall determine whether it wishes to proceed with the redesignation of any Community Land or other land which the Group has a legal or beneficial interest in pursuant to this Agreement. All of the net proceeds of Community Land, after accounting for carrying costs such as realty taxes and maintenance as well as transaction-related costs and land transfer tax, shall be distributed by the Trustee in accordance with each Participating Owner's Benefiting Owner's Proportionate Share and in the order of each Participating Owner's registration or final approval of its Development Plan(s), provided that no Participating Owner shall be entitled to receive payment unless their respective Development Plans have been released by the Trustee for registration or final approval. There shall be no adjustment by the Trustee for any discrepancy which may exist between the Acreage Land Value contributed by the Participating Owners toward the Community Land costs and the actual price paid for the acquisition of Community Land by a third. party. Rather, Participating Owners who are entitled to receive funds from the sale of Community Land shall receive their. Benefiting Owner's Proportionate Share of the funds actually received by the Trustee from time to time. If an Approval Authority determines not to acquire 'a parcel of Community Land after a Participating Owner has reserved the land and complied with the provisions of this section, the Participating Owner whose Development Plan included the parcel shall have a right of first refusal to acquire the parcel. The right of first refusal will be open for an offer to acquire the parcel within 7 days following notification by the Trustee to the affected Participating Owner of the highest price offered and the other material terms of the offer that have been approved by the Committee for acceptance. If the affected Participating Owner determines not to acquire the, parcel on these terms, it shall be sold by the Trustee upon the terms approved by the Committee. Under-dedicated Owners shall not be entitled to receive Community Land revenues, nor shall the Trustee be required to retain funds for an Under- dedicated Owner, if the Under-dedicated Owner has any current or future indebtedness under this Agreement. In such a circumstance, if Community Land is sold the amount required to satisfy an Under-dedicated Owner's indebtedness shall first be applied to reduce the Debit amount and the funds shall be released to the next Over-dedicated Owner who is in a position to receive funds, based on the priorities set out in this Agreement. Further, if a Participating Owner is in Page - 31 - 1 6 8 default under this Agreement, the Trustee shall offset the total amount of the default against any proceeds owing pursuant to this Section 4.7. 4.8 Method for calculating value of Community Land contributions Community Land contributions and total Community Land credits shall be finally determined by the Consulting Engineer and will be valued by multiplying the area of a Participating Owner's Community Land contribution by the Acreage Land Value. A Participating Owner's overdedication in Community Land shall be determined by multiplying the area of its overdedication in Community Land by the Acreage Land Value. A Participating Owner's underdedication in Community Land shall be determined by multiplying the acreage of its underdedication in Community Land by the Acreage Land Value where applicable. 4.9. Undercontribution or overcontribution of Community Land to be determined on phase by phase , basis for Development within a Participating Owner's. Lands Prior to each Participating Owner proceeding with the registration or final approval of Development within its Participating Owners' Land in phases, the Consulting Engineer shall determine the value of that Participating Owner's under-dedicated acreage or over-dedicated acreage, as applicable, on a phase by phase basis. 4.10 Community Land transfers recognized upon completion or alternative arrangements are made in accordance with Agreement Transfer of Community Land shall for the purpose of this Agreement be deemed completed when documentation required to electronically register a transfer of Community Land has been delivered to the Trustee or Approval Authority for land described in a plan of subdivision or registered reference plan to which the plan registration number has been left blank, and which the Trustee is authorized to insert after the registration of the plan of subdivision or the reference plan, as. applicable. No Participating Owner may register a Development Plan or have its Development released by the Trustee unless and until that Participating Owner has conveyed all of its Community Land within the subject Development Plan, either by dedication to the Approval Authority or by the delivery of documentation to the Trustee allowing for the electronic transfer of the subject land in compliance with the Planning Act, or otherwise in accordance with Section 4.6. Each Participating Owner covenants and agrees that any environmental or adverse soil remediation required by an Approval Authority to its Community Land shall be done by such Participating Owner at its sole cost and expense and not by the Group, the intention being that such remediation cost is not a Community Servicing Cost. 4.11 Periodic Adjustments The area of the total Community.Land, the area of the total Developable Acreage and the Participating Owner's Proportionate Share and Benefiting Owner's Proportionate Share of each Participating Owner shall be determined from time to time on the basis of the most recent information available pertaining to the Development Plans of all Participating Owners and shall be adjusted in the schedules to this Agreement by the Consulting Engineer whenever such information changes or whenever an Added Party becomes a signatory hereto. The Acreage Land Value shall be established at the value provided for in this Agreement under the definition for Acreage Land Value but shall be subject to adjustment within the first six months following the execution of this agreement and on each anniversary date of this Agreement unless a decision is made not to change the Acreage Land Value by a majority of at least 80% of the votes and a minimum of three (3) Participating Owners that are then eligible to be cast by the Participating Owners. Where the Acreage Land Value is to be adjusted, it shall be established by a qualified real estate appraiser by applying the terms of reference attached as Schedule "G". Such qualified real estate appraiser shall be appointed by the Trustee on the written direction of the Committee. No appraiser shall be approved by the Committee: (i) until such appraiser has disclosed to the Committee whether they have dealt,with or been engaged by a. Participating Owner or Participating Owner-related entity within the prior 12 months and, if so, has disclosed and described the nature of such dealings or engagement, and (ii) Page - 32 - without receiving at least 80% of the votes cast at a vote in which a minimum of 169 three (3) Participating Owners that are then eligible to cast such votes participate. Any Participating Owner that seeks a release for the registration of a Development Plan or the final approval of a Development Plan during a period when a new Acreage Land Value is in dispute shall be entitled to have its obligations established pursuant to the prior Acreage Land Value but shall have its obligations adjusted once the new Acreage Land Value is established in accordance with Sections 8.2 or 8.3, as applicable. Within ninety (90) days of the date of this Agreement the Group shall engage a qualified real estate appraiser to determine the Acreage Land Value by applying the terms of reference attached as Schedule "G". C. ACCOUNTS - ADMINISTRATION AND SECURITY 4.12 All Under-dedicated Owners except ORC to provide security or certified funds for estimated Underdedication in Community Land and Community Services on registration or final approval of Development Plan or individual phases thereof A Participating Owner's Proportionate Share of Community Land contribution requirements shall be calculated at 100% of the value established in this Agreement, as same may be revised from time to time in accordance with this Article. A Letter of Credit for the under dedication of an Under-dedicated Owner for its combined Community Land, and Community Services account for each distinct phase of a Development Plan shall be provided to the Trustee prior to the release of each phase of a Participating Owner's Development Plan, provided that: (a) if an Over-dedicated Owner is entitled to payment (by having previously conveyed Community Land and/or constructed Community Services) by the date an Under-dedicated Owner seeks a release by the Trustee then the Under-dedicated Owner must submit a payment by certified cheque to the Trustee to the extent required in order to satisfy the outstanding entitlement of Over-dedicated Owner(s); and (b) ORC shall not be required to secure their Under-dedication but shall remit to the Trustee payment for their estimated Under-dedication, if applicable. 4.13 Trustee to repay Over-dedicated Owners' entitlement in order of registration or final approval of Development Plan or individual phases thereof, as applicable The Trustee shall record each Over-dedicated Owner's entitlement to funds for its net overdedication in Community Lands and Community Services on the date it releases the Over-dedicated Owners' Development Plan, or individual phases thereof, for registration or final approval. An Under-dedicated Owner shall not be required to remit to the Trustee an increase in the Acreage Land Value for Community Land after the date each phase of Development within its Participating Owner's Lands is released by the Trustee for registration or final approval. Over-dedicated Owners shall not be entitled to any intervening increase in the Acreage Land Value that may occur between the date the last Under-dedicated Owners were released for registration and the date the next Over-dedicated Owner is entitled to receive compensation for an over-dedication in Community Land. Where more than one Participating Owner registers or obtains final release for a Development Plan within any six month period, as measured from the date the first Development Plan is registered, all Over-dedicated Owners that have registered during this period shall be entitled to receive payment from the funds maintained by the Trustee for,this purpose on a pro rata basis. Thereafter, any amount that remains outstanding to the Over-dedicated owners that registered first shall be paid in full before the Trustee may remit payments received from an Under-dedicated Owner to an Over-dedicated Owner that registered subsequently. Page - 33 - 1 7 0 4.14 Participating Owners to deliver Development Plan, surveyor's certificate, cost submission, statement of obligations from Consulting Engineer prior to Trustee authorizing release for registration Each Participating Owner, prior to or contemporaneously with the Development of any of its lands (and in any event prior to release by the Trustee of any Development Plan or other Development Date), and when a Development Plan or other Development has been reduced to final form and is ready for execution shall provide the Trustee with: (a) A copy of the Development Plan or other relevant land use plan along with all subdivision, servicing, development and site plan agreements relating to such Development Plan. (b) An Ontario Land Surveyor's certificate confirming the Developable Area and Community Lands area within the Development Plan, certifying that such has been calculated in accordance with the provisions of this Agreement. (c) Certification from its professional engineer that the Community Services to be constructed are in accordance with the master servicing plan. (d) Cost submission from its professional engineer confirming the cost to construct the Community Services, that the Community Services have been paid for and the date each Community Service was completed in order that the Consulting Engineer may calculate.any applicable indexing in accordance with section 3.3. (e) Statement of Community Land and Community Services obligations from the Consulting Engineer pursuant to this Agreement and delivery to the Trustee of any payment or Letter(s) of Credit required pursuant to the Consulting Engineer's statement, provided that ORC shall not be required to provide a Letter of Credit but shall be obligated to remit a payment to the Trustee for any amount of its under-dedication that is payable pursuant to the Consulting Engineer's statement of Community Land and Community Service obligations. 4.15 Participating Owner to provide solicitor's certificate confirming transfer of Community Lands prior to or simultaneously with registration Prior to registration or final release of a Development Plan, each Participating Owner shall provide the Trustee with a solicitor's certificate confirming that such Participating Owner has conveyed or has made satisfactory arrangements pursuant to Section 4.6 hereof to register a restriction, convey or charge all Community Lands within the lands subject to the registration of such Development Plan, as required in accordance with the terms of this Agreement. The Trustee is hereby authorized to take such steps as the Trustee in its discretion deems advisable to verify the matters referred in this Section, at the expense of the Participating Owner required to dedicate the Community Land. 4.16 Trustee to provide release letter to Municipality upon satisfaction of requirements in Agreement The Trustee shall deliver to a Participating Owner who has: (a) complied with its obligation to convey or charge/mortgage Community Land to the satisfaction of the Trustee; (b) paid in full all outstanding financial obligations to the Trustee in accordance with this Agreement for Administrative Costs and Historical Administrative Costs; (c) provided all Letters of Credit or certified cheque payment required of such Participating Owner under the Agreement in accordance with _an under- dedication in Community Services or Community Land, as confirmed by the Consulting Engineer, it being understood that ORC will not be required to deliver a Letter of Credit under any circumstance but shall deliver the requisite payment to the Trustee for its under-dedication; (d) provided the certifications from its consulting engineer that are required pursuant to this Agreement; i Page-34- (e) complied with all provisions of this Agreement affecting such Participating Owner, 171 up to that time; (f) satisfied the Trustee that it is in compliance with all private agreements between Participating Owners pursuant to Sections 3.7 and 3.16; and (g) provided a cost submission from its professional engineer confirming the cost to construct the Community Services, that the Community Services have been paid for, and the date each Community Service was completed in order that the Consulting Engineer may calculate any applicable indexing in accordance with section 3.3, a release letter certifying to the Approval Authority that such Participating Owner has complied with its obligations under this Agreement. Each Participating Owner agrees not to proceed with the final approval or registration of any Development Plans or Development of its lands until a release letter has been obtained; and further agrees that no release letter may be obtained without paying any obligations arising pursuant to this Article; or in the alternative, making arrangements reasonably satisfactory to the Committee and the Trustee to secure such payment. 4.17 All estimates to be finally revised on assumption of Community Services and confirmation of Developable Areas and adjustments for Community Services Costs to be payable after registration on cash call basis All calculations of Debits and Credits shall be subject to variation, revision and adjustment in accordance with the provisions of this Agreement. All calculations referred to in the schedules are based on Estimated Costs and will be revised in final form by the Consulting Engineer as and when the Consulting Engineer confirms the Approved Costs and the Developable Areas of the Participating Owners' Lands in accordance with this Agreement which shall be finally revised on the date each Community Service is assumed by an Approval Authority. Where a Participating Owner's obligations increase after its Development, or individual phase thereof, has been released by the Trustee for registration or final approval, it shall be obligated to contribute the additional Community Servicing Costs and Community Land costs payable as a result of ongoing adjustments to the schedules by the Consulting Engineer, but subject to the limitation on an increase in the Acreage Land Value provided for at Section 4.13. If the Trustee does not then hold sufficient Letters of Credit to pay for the cost adjustment, the affected . Participating Owner shall remit any difference required upon the issuance of a cash call by the Trustee. 4.18 Consulting Engineer shall prepare draft certificate upon request of Participating Owner The Consulting Engineer shall examine the data provided pursuant to Section 4.14 and shall calculate,. based on the provisions of this Agreement, the Participating Owner's Proportionate Share of its Community Land obligations and the Participating Owner's Proportionate Servicing Share of the cost of the Community Services and the amount due from such Participating Owner and shall prepare a draft certificate setting out those amounts, including all relevant details as to the calculations in question. The cost of preparing the Consulting Engineer's certificate shall be an Administrative Cost to be shared by the Participating Owners on a Participating Owner's Proportionate Share basis. 4.19 Draft certificate to be provided to Participating Owner for review and possible submission to arbitration. The Consulting Engineer shall forward a copy of the draft certificate to a requesting Participating Owner, all other Participating Owners and the Trustee. Any of the Participating Owners or their respective engineers may, for a period of five (5) Business Days from receipt of the draft certificate review with the Consulting Engineer all calculations contained therein, and .if still not satisfied with the draft certificate may within an additional period of three (3) Business Days next following the expiry of the five (5) Business Day period; submit the matter to dispute resolution as per Article 8, provided that the Participating. Owner requiring the certificate shall be entitled to be released by the Trustee for registration or final Development approval upon satisfaction of the certificate's requirements pending the completion of the dispute resolution process. Page - 35 - 172 4.20 Draft certificate becomes final 9 Business Days following delivery to Participating Owner if no dispute On the expiry of the cumulative period of nine (9) Business Days without any submission to dispute resolution as per Article 8, the Consulting Engineer shall issue a final certificate. If there has been a submission to dispute resolution as per Article 8, the Consulting Engineer shall be notified by the mediator or arbitrator of his or her decision and shall issue a final certificate in accordance therewith and pending the resolution of the dispute the Trustee shall administer this Agreement in accordance with the revised Consulting Engineer's certificate. The final certificate when issued shall be forwarded to the affected Participating Owner and to the. Trustee, whereupon the Trustee and the Consulting Engineer shall revise any affected schedules and adjust affected Participating Owners' accounts accordingly. 4.21 Participating Owner entitled to receive payment for over-dedication when all provisions of Agreement complied with but no Participating Owner shall be entitled to collect more than its ultimate Over-dedication Upon a Participating Owner having: (a) lodged security or payment with the Municipality or the Region for the performance of all work for which a Participating Owner has received any Credit pursuant to the schedules and calculations provided for in this Agreement; and (b) complied with all other terms hereof; a Participating Owner shall be entitled to payment of the amount of its Participating Owner's over-dedication in accordance with this Agreement, provided that no Participating Owner shall be entitled to collect more than its ultimate over-dedication based upon its entire Participating Owner's Lands, as determined by the Consulting Engineer, regardless of how much any individual phase may be over-dedicated. 4.22 No payments to be made until Consulting Engineer certifies costs A Participating Owner shall not be entitled to receive a payment from the Trustee for cost of the Community Services or any applicable indexing unless the Consulting Engineer has certified that the cost of the Community Service is., in the opinion of the Consulting Engineer, reasonable. If the Consulting Engineer is of the opinion that the cost of any particular Community Service in a contract is unreasonable, the Consulting Engineer shall make an adjustment to the schedules to reflect such cost as the Consulting Engineer considers reasonable and all other schedules and Credit balances shall be adjusted accordingly. Determinations by the Consulting Engineer may be reviewed and amended by the Committee, provided that the Committee's determination shall be subject to the dispute resolution provisions set out in Article 8 and the Consulting Engineer shall confirm any appropriate hold-back in distributions to an Over-dedicated Owner pending the completion of the dispute resolution process. ARTICLE 5 TRUSTEE 5.1 Functions The Trustee shall perform the functions specified in the Agreement and the functions ancillary thereto, and shall generally do all such things required to give effect to those provisions of this Agreement, in accordance with, the intentions of the parties as expressed by the terms of this Agreement, and at the direction of the Committee, relating to the duties of the Trustee. 5.2 Special Functions The Trustee shall notify Pickering of all meetings of the Participating Owners at which, in the view of the Trustee, matters directly impacting Pickering's SWM 4 Obligations will be considered or voted upon within a reasonable time prior to the meeting, and•such meetings may be attended by Pickering if Pickering notifies I Page - 36 - 173 the Trustee of its intention to attend the meeting within a reasonable time prior to the commencement of the meeting. The Trustee shall further provide Pickering with minutes of all meetings of the Participating Owners, which, by operation of the foregoing, Pickering would have been entitled to attend within a reasonable time following such meeting. 5.3 Books of Account The Trustee shall maintain such bank accounts, books and records as are required to properly and efficiently carry out the provisions of this Agreement, and for that purpose may engage the assistance of a qualified Chartered Accountant. Without limitation, such books and records shall include all data prepared by the Consulting Engineer and relevant to the determination of Debits and Credits and a complete record of Letters of Credit on hand and funds received and disbursed through the bank accounts maintained by the Trustee, as well as all Goods and Services taxes allocable to the Participating Owners, where applicable. 5.4 Access to Accounts Any Participating Owner when not in default shall have full and unrestricted access at all reasonable times, and upon forty-eight (48) hours prior notice, to the books and records maintained by the Trustee and shall have the right, at its cost, to make copies thereof. 5.5 Trustee's Fees In consideration of the performance by the Trustee of its duties from time to time pursuant to this Agreement, the Participating Owners shall pay the.Trustee its fees and disbursements (including the fees and disbursements of other persons retained by the Trustee pursuant to its powers under this Agreement) as an Administrative Cost. Each Participating Owner shall pay its Participating Owner's Proportionate Share of such fees and disbursements within thirty (30) Business Days after receiving an account from the Trustee. Fees shall be based on hourly rates. 5.6 Financial risk of Trustee The Trustee shall not be required to expend or risk its own funds or otherwise incur financial liability, whether in performance of any of its obligations hereunder or, otherwise. Any amount due and owing to the Trustee hereunder and any amount required to be expended by the Trustee in the performance of its duties or the exercise of its rights or powers hereunder shall be a first charge against all funds from time to time held by the Trustee. 5.7 Resignation of Trustee The Trustee may at any time resign its administration hereunder and be discharged from all further duties and liabilities under this Agreement by giving to the Participating Owners at least three months' notice or such shorter period of notice as the Committee may accept as sufficient, provided, however, if the Trustee is directed by the Participating Owners or any of them to do anything in any way related to this Agreement which the Trustee, in its judgment, is unwilling or unable to do, the Trustee may, upon notice to the Participating Owners, immediately resign its administration and shall thereupon be discharged from all further duties and liabilities. When approved by the Committee in accordance with Article 7, the Trustee may be removed upon receipt of at least three months' notice. Upon resignation or removal by the Participating Owners, the Trustee shall turn over all books, documents, accounting records and electronic files, as well as all funds belonging to the Group, to the party identified by the Committee, provided that save for negligence or an act taken in bad faith the Trustee shall not be obligated to turn over its books, records and documents if it has any . account for services rendered that is outstanding. 5.8 Liability of Trustee Notwithstanding any °provision of this Agreement or law to the contrary, the Trustee shall be liable to the Participating Owners in the event of fraud or bad faith, but not otherwise. The Trustee may act on the opinion or advice or Page - 37 7 4 information obtained from any lawyer, accountant or other expert (but shall not be bound to act upon such opinion, advice 'or information) and may employ such assistance as the Trustee considers necessary or advisable for the proper discharge of its duties and may pay proper and reasonable compensation for all such assistance. 5.9 Indemnity of Trustee The Participating Owners except ORC, shall, on a joint and several basis, indemnify and save the Trustee harmless from all claims, demands, losses and liabilities which may be made against the Trustee or for which the Trustee may become liable pursuant to this Agreement. This provision shall not merge upon but shall survive the resignation or removal of the Trustee and the termination of this Agreement. All Participating Owners, except ORC, shall contribute their respective Participating Owner's Proportionate Share of all amounts payable pursuant to this Section 5.9 upon receipt of a cash call from the Trustee, provided that pending the curing of any outstanding default(s), the Developable Acreage of all defaulting Participating Owner(s) shall be deducted from the total Developable Acreage of all Participating Owners for purposes of determining each the Participating Owner's Proportionate Share. 5.10 Reporting The Trustee shall report annually to each Participating Owner on the anniversary date of this Agreement with respect to the state of the accounts maintained by it hereunder, provided the Consulting Engineer provides the Trustee with the information which it is obliged to furnish pursuant to the terms of this Agreement. ARTICLE 6 CONSULTING ENGINEER 6.1 Functions The Consulting Engineer shall perform the functions specified in this Agreement and the functions ancillary thereto and generally shall do all things required to give effect to those provisions of this Agreement, and at the direction of the Committee and the Group shall enter into a retainer arrangement with the Consulting Engineer that requires the Consulting Engineer to satisfy the obligations of the Consulting Engineer pursuant to this Agreement. 6.2 Duties Without limiting any provision of this Agreement, the functions of the Consulting. Engineer shall include: (a) Where a Participating Owner requests a Credit on account of a Community Service, examining the progress of the work and certifying the same to the Participating Owner concerned and the Trustee. (Notwithstanding the foregoing, the Consulting Engineer may rely on progress certificates and support documents provided by a Participating Owner); (b) Certifying completion or substantial completion of a Community Service or part thereof when it is either necessary or desirable to do so for the purposes of this Agreement; (c) Determining the Estimated Cost 'and the Approved Cost of any Community Service, which shall be subject to review in accordance with Sections 2.3 and 4.22; (d) Preparing preliminary and final calculations with respect to all matters relating to the determination of each Participating Owner's Proportionate Servicing Share, Benefiting Owner's Proportionate Share and Participating Owner's Proportionate Share; (e) Reviewing and adjusting preliminary calculations and revising schedules from time to time and certifying any variations to the Trustee for the purpose of adjusting accounts; Page - 38 - 175 (f) Calculating increases or decreases of any Letters of Credit or.payments owing from time to time as circumstances may warrant; (g) Determining the apportionment of any Community Land and Community Services Cost in accordance with the principles set out in this Agreement and to provide the Trustee with any confirmation of same as may be required pursuant to this Agreement; (h) Determining which Benefiting Owners are benefited by any Community Land and/or Community Service so.that the cost thereof may be borne and paid. initially by those Participating Owners benefited thereby and ultimately by all Benefiting Owners benefiting thereby; and (i) Any other functions contemplated herein or as requested by the Trustee or the Committee in accordance with the terms of this Agreement. 6.3 Consulting Engineer's fees In consideration of the performance by the Consulting Engineer of its duties from time to time pursuant to this Agreement, the Committee shall settle the terms of the remuneration of the Consulting Engineer's costs. Each Participating Owner shall pay its Participating Owner's Proportionate Share of such costs within thirty (30) Business Days after receiving an account from the Consulting Engineer, approved by the Committee. 6.4 Liability of Consulting Engineer Notwithstanding any provision of this Agreement or law to the contrary, the Consulting Engineer shall be liable to the Participating Owners in the event of fraud or bad faith, but not otherwise. The Consulting Engineer may act on the opinion or advice or information obtained from any other professional engineer, lawyer, accountant or other expert (but shall not be bound to act upon such opinion, advice or information) and may employ such assistance as the Consulting Engineer considers necessary or advisable for the proper discharge of its duties and may pay proper and reasonable compensation for all such assistance. 6.5 Resignation of Consulting Engineer The Consulting Engineer may at any time resign its administration hereunder and be discharged from. all further duties and liabilities under this Agreement by giving to the Participating Owners at least three months' notice or such shorter period of notice as the Committee may accept as sufficient, provided, however, if the Consulting Engineer is directed by the Participating Owners or any of them to do anything in any way related to this Agreement which the Consulting Engineer, in its judgment, is unwilling or unable to do, the Consulting Engineer may, upon notice to the Participating Owners, immediately resign its administration and shall thereupon be discharged from all further duties and liabilities. When approved by the Committee in accordance with Article 7, the Consulting Engineer, may be removed upon receipt of at least three months' notice. Upon resignation or removal by the Participating Owners, the Consulting Engineer shall turn over all books, documents, accounting records and electronic files, as well as all.funds belonging to the Group, to the party identified by the Committee, provided that save for negligence or an act taken in bad faith the Consulting Engineer shall not be obligated to turn over its books, records and documents if it has any account for services rendered that is outstanding. 6.6 Indemnity of Consulting Engineer The Participating Owners except ORC shall, on a joint and several basis, indemnify and save the Consulting Engineer harmless from all claims, demands, losses and liabilities which may be made against the Consulting Engineer or for which the Consulting Engineer may become liable pursuant to this Agreement.. This provision shall not merge upon but shall survive the resignation or removal of . the Consulting Engineer and the termination of this Agreement. All Participating Owners, except ORC, shall contribute their respective Participating Owner's Proportionate Share of all amounts payable pursuant to this Section 6.6 upon receipt of a cash call from the Trustee, provided that pending the curing of any outstanding default(s), the Developable Acreage of all defaulting i Page -39- .1 7 W Participating Owner(s) shall be deducted from the total Developable Acreage of all Participating Owners for purposes of determining each the Participating Owner's Proportionate Share. ARTICLE 7 THE COMMITTEE 7.1 Composition and duties of Committee The Participating Owners hereby create a Committee, with each. Participating Owner having the right to appoint one representative to the Committee, and the Committee shall have the authority to address, administer and determine those matters arising under this Agreement or necessarily incidental thereto including: (a) Dealing with any consultants retained by the Committee; (b) Dealings with the Consulting Engineer in accordance with Article 6 and reviewing all determinations made thereunder, if requested by any Participating Owner; (c) Dealings with the Trustee in accordance with Article 5; (d) Engaging solicitors as the Committee's functions require; (e) Approving the Consulting Engineer's, Trustee's and other consulting fees; (f) Dealing with Community Land and/or Community Services in accordance with Article 4; (g) Dealing with compensation for Community Lands and/or Community Service in accordance with Article 4; (h) Admitting Added Parties; (i) Dealing with the allocation of Development Charge credits and recoveries received by Participating Owners in accordance with Section 3.18; (j) Determining and dealing with all other matters pertaining to the application and implementation and termination of this Agreement; and (k) Directing the Trustee or any other designated party to collect and maintain an account for any costs addressed pursuant to this Agreement. 7.2 Voting rights The representative of each Participating Owner, except Pickering, shall have a right to cast one vote per Developable Acre of land owned by the Participating Owner upon the execution of this Agreement, provided that once any portion of a Participating Owner's Land has been released from this Agreement by the Trustee, the Developable Acreage within the released land shall be deducted from the Participating Owner's total votes unless the matter to be decided has a material impact on the Participating Owner's interests, as determined by the Trustee with regard to Section 4.11 and otherwise at the Trustee's reasonable discretion. Pickering's representative shall have a right to cast one vote per Developable Acre of land owned by Pickering upon execution of this Agreement, as per the above conditions, only when said vote directly impacts Pickering's SWM 4 Obligations. No Participating Owner in default under this Agreement, as determined by the Trustee acting reasonably, shall be entitled to vote. The votes associated with a Participating Owner in default shall be deducted from the total votes of all Participating Owners for purposes of determining quorum and majority requirements. 7.3 Quorum is majority of votes eligible to be cast Any meeting of the Committee shall be properly constituted if Participating Owners' representatives are present that hold a majority of the votes, which are eligible to be cast on the question(s) before the Committee, either in person or by written proxy. L Page - 40 - 7.4 Committee Members may vote by instrument of proxy and each / / Participating Owner shall provide list of persons authorized to act on its behalf to the Committee Participating Owners' representatives shall have the right to vote on any question considered by the Committee through a proxy holder, provided that a written instrument of proxy is delivered to the Committee prior to the commencement of the meeting. Each Participating Owner shall provide to the Committee a list-of individuals authorized to appear and vote on its behalf. 7.5 With limited exceptions, all Committee. decisions are made by votes representing at least 70% of the total Developable Acreage and at least three Participating Owners In all matters respecting the Committee, all decisions shall be made by votes cast representing at least 70% of the votes that are eligible to be cast and by at least three (3) Participating Owners but which shall exclude all Developable Acreage that is owned by a Participating Owner in default, as determined by the Trustee, except for the following: (a) any amendment to the methodology to be followed in preparing the Consulting Engineer's schedule, Schedule "C", shall require the unanimous consent of all Participating Owners who have not been released from this Agreement or who have been released but would be impacted by a change in methodology; (b) pursuant to Section 4.11, a determination not to adjust the Acreage Land Value on any anniversary date of this Agreement shall require the approval of at least 80% of the Developable Acreage owned by at least three (3) non-defaulting Participating Owners that have not been released from the Agreement or have been released from the Agreement but are Over-dedicated Owners that are waiting for compensation that is, in whole or in part, based on an over-dedication in Community Land; (c) if any decision may have the effect of amending or contradicting any expressed provision of this Agreement, such arrangements require unanimous approval of the Participating Owners that have not been released from this Agreement or that have been released from the Agreement and are impacted by the decision to be made, as determined by the Trustee. _ I Save as otherwise provided for in this Agreement, should the Committee be unable to reach .a decision based upon the levels of approval set out above, the question may be submitted to the dispute resolution process contained in Article .8 by any Participating Owner. 7.6 Committee's administrative functions may be performed by'two or more Committee Members The Committee may appoint two or more Committee members to perform admidistrative functions such as, without limitation, approval of invoices and directing payment within budgets approved by the Committee, to two or more of its Committee members with voting rights. 7.7 Committee meetings may be called by any Committee Member provided adequate notice given A meeting of the Committee may be called by any Committee member at any time. No meeting of the Committee shall be held unless and until three.(3) Business Days written notice thereof has been given to the Participating Owners in accordance with the notice provisions set. out at Section 9.6 or unless all Participating Owners agree to waive or abridge the notice period. Any notice of meeting shall specify with reasonable particularity the matters to be dealt with and no matters may be voted upon at any Committee meeting, which are not referenced in the notice. 7.8 Decisions in writing by all Participating Owners binding Where no meeting of the Committee is held, decisions of the Committee shall be binding if concurred with, in writing, by all Participating Owners. Page - 41 - 178 7.9 Meeting of Committee Members to be kept and distributed Minutes of meetings shall be taken by an individual appointed by the Committee or a Participating Owner's representative so appointed and copies shall be distributed to all Participating Owners. ARTICLE 8 DISPUTE RESOLUTION 8.1 Negotiation Each Participating Owner will attempt, in good faith, to first resolve any controversy, claim or dispute (a "Dispute") arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity of it, including the determination of the scope of the contract, promptly by negotiating with the other Participating Owner(s), or with representatives of the- Participating Owner(s) involved in the Dispute, each of which persons must have due authority to settle the Dispute. The concerned party (the "Applicant") will simultaneously give the other party (the "Respondent") or parties (the "Respondents") written notice of the Dispute which notice shall list the names of the Respondents. Within ten (10) calendar days after the sending of this notice, each Respondent shall submit to the Applicant, and also to each of the other Respondents, a written response or notification that it refuses to participate in which case the matter shall be subject to the arbitration provisions set out at Section 8.3 of this Agreement, failing which the Respondent shall be deemed to have refused to participate. Each notice and response shall include (a) a statement of the relevant party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the individual who will represent the party at the negotiation. The said individual representatives shall arrange to meet at a mutually acceptable time and place within fourteen (14) calendar days of the date of sending of the Applicant's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to.attempt to resolve the Dispute. 8.2 Mediation If the Dispute has not been resolved within twenty-one (21) calendar days of the giving of the Applicant's notice under Section 8.1, or if a Respondent or its representative do not so respond or does not meet or agree to arrange to meet within fourteen (14) calendar days of the Applicant's notice (the earlier of which shall be the "Submission Date"), the Dispute shall be submitted to mediation in accordance with the mediation rules attached to this Agreement as Schedule "E". 8.3 Arbitration If a mediation has concluded and any of the Participating Owners have been unable to reach a mutually satisfactory conclusion of the dispute which'was mediated, or if any of the affected Participating Owners has refused to participate in a mediation pursuant to Section 8.1 within 14 days following receipt of written notice or is deemed to have refused to participate in accordance with Section 8.1, the dispute shall be finally settled, by arbitration in accordance with the provisions of the Arbitration Act, 1991 (Ontario) and any amendments or replacements thereto. The rules contained in Schedule "F" shall apply to any such arbitration. 8.4 Procedure for settling disputes Save as otherwise expressly provided for in this Agreement, the procedures specified in this Article are the only procedures for the resolution of disputes arising out of or related to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of the contract to resolve controversies, claims and dispute in accordance with this Agreement, or any other related agreement among the parties. However, the dispute resolution process provided for in this Article shall not be available where the Committee has made a determination on an. issue in accordance with the approval levels provided for in Section 7.5 or where the Consulting Engineer has Page - 42 - determined that a Participating Owner benefits from a Local Service, Community 1 79 Service or grading works that have been constructed on its Participating Owners' Lands by another Participating Owner in accordance with subsection 3.13(c)(vi). If any party attempts to have issues resolved other than pursuant to this Agreement, the parties agree that this Article may be used in support of an application or motion to stay any such action or other proceeding that is commenced and is contrary to the provisions of this Agreement. Before or during .the time that the Group, or any of them, are involved in a dispute and follow these procedures, however, a Participating Owner may seek from an appropriate court a preliminary injunction or other preliminary judicial relief if such Participating Owner reasonably believes that such a step is necessary to avoid irreparable damage or harm. Even if a Participating Owner has taken such action, the affected Participating Owners will be required to continue to participate in good faith in the procedures specified in this Agreement. However, nothing in this Article 8 is intended. to permit varying the provisions of, rather than applying, the terms of this Agreement. ARTICLE 9 GENERAL PROVISIONS 9.1 Capacity and Indemnity Each Participating Owner represents that it has the authority to bind the legal owners of the respective land holdings described at Schedules "A-1", "A-2" and "A-3". Each Participating Owner, except ORO (an "Indemnifying Owner") covenants and agrees to: (i) indemnify each Participating Owner except ORC, and (ii) save each and. every other Participating Owner harmless; from and against any liability, damage, cost, claim, suit, action or caused action brought by or on behalf of any person or persons, corporation or corporations, or government authority against such Owner arising by reason of the breach of this Agreement by an Indemnifying Owner, its employees, contractors or agents provided that such breach or default did not arise by virtue of circumstances beyond the Indemnifying Owner's reasonable control. Upon any party hereto becoming aware of any such claim, suit or action, it shall forthwith give notice thereof to the party thought to be liable in accordance with the provisions of this section and such party shall be given the opportunity of disputing such claim or defending such suit or action at. its own expense. 9.2 Defaulting Participating Owners If any Participating Owner fails to: (a) make any payment required under this Agreement within the fime required, (b) fails to lodge any Letter of Credit within the time required, it being understood that ORC shall never have an obligation to lodge a Letter of Credit with the Trustee or an Approval Authority but will remit monetary payment in the alternative, (c) fails to grant a licence or deliver to the Trustee the documentation required by the Trustee in order to transfer or encumber Community Land or other land all provided for in this Agreement, or (d) is otherwise in default of its obligations pursuant to this Agreement, the Region's Front-Ending Agreement or the William Jackson Agreement, if applicable, as determined by the Committee in consultation with the Trustee and/or the Consulting Engineer (excluding the vote of the Participating Owner that is alleged to be in default as well as all related companies listed on Schedule "A-3 the Trustee shall immediately give notice to such Participating Owner and to all other Participating Owners specifying the default complained of and furthermore the parties hereto agree as follows, (i) if the Participating Owner in default shall not within five (5) days of the receipt of such notice have remedied the default then the other Participating Owners may pro rata. (based on area of Developable Page - 43 - 180 Acreage), as approved by the Committee, remedy the default obligation, make the payment or supply the Letter of Credit required, unless such default is a failure to pay or provide an Owner's Proportionate Servicing Share of a to be front funded service contemplated by the Region's Front Ending Agreement or Section 3.23 herein, in which case the other Participating Owners except for ORC shall, on a pro rata basis (based on Developable Acreage), remedy the default, provided however that ORC agrees that it shall seek additional approvals as may be required to remedy such default on a' pro-rata basis (based on Developable Acreage.) The Participating Owner in default shall be liable to pay the remediation cost to each Participating Owner who participates in the remedying of the default (in the case of a failure to deliver a Letter of Credit, the cost of providing and maintaining the Letter of Credit in force for the period during which it is required to be in force pursuant to this Agreement) plus interest on the cost obligation at the Interest Rate plus five (5%) percent per annum. In the case of a. payment of money to remedy a default the Participating Owner in default shall pay the outstanding obligation and interest at the Interest Rate plus five (5%) percent per annum for the period during which money is outstanding. Sums drawn under a Letter of Credit provided to remedy a default shall be charged for at the same rate as funds directly advanced. The Trustee shall instruct the Consulting Engineer.to include all costs associated with remedying the default in the schedules to this Agreement. (ii) The Trustee shall be entitled to execute, on behalf of the defaulting Participating Owner, except for ORC, all documentation, which is necessary to register a notice of default under this Agreement on title to the lands of the defaulting Participating Owner but the Trustee shall not be precluded from seeking any other remedy provided for in this Agreement against ORC should it be in default hereunder. It is expressly intended that the amounts owing under this Agreement, together with any interest thereon, shall constitute a first lien and charge on and against the lands of the defaulting Participating Owner, it being the intent of the parties hereto that a security interest, lien or other encumbrance would thereby be created or imposed upon the defaulting Participating Owner's interest in its lands within the Neighbourhood Plan and that the non- defaulting Participating Owners shall have the rights of a secured party pursuant to the Mortgages Act, R.S.O. 1990, and the Personal Property Security Act, R.S.O. 1990, as same may be amended from time to time. (iii) Neither a Participating Owner in default nor any representative of such Participating Owner shall be entitled to vote at Committee meetings, and quorum requirements shall be amended by subtracting the vote of the Participating Owner in default and reducing the Developable Acreage accordingly. (iv) No Participating Owner in default shall receive any payment from the Trustee. while in default. (v) No Participating Owner in default may receive a release letter in accordance with Section 4.16. (vi) The Trustee shall initiate any enforcement proceedings against a defaulting Participating Owner, which the Committee shall direct. All actual costs incurred shall be payable initially by the non-defaulting Participating Owner on a Proportionate Share basis, however, the entire cost shall ultimately be borne by the defaulting Participating Owner and payment shall be 'a condition to the Trustee's release letter. (vii) Nothing herein shall preclude any Non-Defaulting Participating Owner from its entitlement to seek damage from the Defaulting Participating Owner as a .distinct and additional remedy. 9.3 Defaulting Participating Owner's rights restored upon curing of default A Participating Owner in default, upon curing the default shall cease to be in default and shall be restored to its rights as if such default had never occurred. 9.4 Added Parties and potential purchasers Page - 44 - Whenever a person who owns land in Duffin Heights is agreeable to becoming a 181 party to this Agreement or is required by either the operation of Section 3.15or the Approval Authority to become a party to this Agreement, the parties hereto shall consent to such person.becoming a party to this Agreement provided such Added Party shall execute a covenant or agreement in a form and content acceptable to the Trustee, acting reasonably, to be bound by all terms. and provisions of this Agreement as fully as if such person had been originally named as a party to this Agreement and all appropriate adjustments/additions shall be made to the schedules and to the relevant provisions.of this Agreement required . thereby. All Administrative Costs associated with the amendment to the schedules and determination of the Added Parties' obligations regarding Administrative Costs shall be borne exclusively by the Added Party. The Added Party shall also remit to the Trustee its Participating Owner's Proportionate Share of .all prior Administrative Costs, including Historical Administrative Costs, as a condition of becoming a party to this Agreement as well as all security and funds required in relation to the Region's Front-Ending Agreement, as set out in Section 3.23. Any Added Party that acquires land from ORC (other than an Approval Authority or other government body) or Pickering shall be required to comply with all terms contained in this Agreement that are applicable to all parties except ORC and Pickering (i.e., an Added Party acquiring land from ORC or Pickering shall not benefit from any of the exceptions to the Participating Owner's obligations set out herein). Any person interested in purchasing land within Duffin Heights shall be entitled to consult the Consulting Engineer and the Trustee respecting the particulars of this Agreement, provided that a flat fee of $1,000 shall be charged for such consultation. This fee shall be credited to the account of the potential purchaser should it become an Added Party at a later date. The Trustee shall make available to interested parties, for the reasonable cost of duplication, a copy of this Agreement. 9.5 Some Participating Owners may have entered into related Agreements, amendments by unanimous consent only It is acknowledged that some Participating Owners may have, or will, enter into distinct agreements respecting the front-ending of costs, which are the subject of cost sharing pursuant to this Agreement. Nothing shall preclude such arrangements, provided that they do not in any way prejudice the rights of any party to this Agreement. Should. there be a conflict between this Agreement and any other agreement entered into among the Participating Owners, the provisions of this Agreement shall prevail. The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto. 9.6 Notices Any notices to be given under the terms of this Agreement shall be in writing and shall be given to the applicable party by personal service or by mailing by first class mail with postage fully 'prepaid or by facsimile at the number herein set forth at Schedule "A-3" provided that, where mailed, it shall be deemed to be received on the fifth Business Day following the date of mailing. 9.7 Registration of Notice of Agreement The Participating Owners agree that a Notice of this Agreement (in the form prescribed by the Trustee) shall be registered against each Participating Owner's lands as described at Schedule "A-1" to ensure that this Agreement is binding on the Participating Owners and their respective successors and assigns. The Trustee will, within ten (10) Business Days of receipt of a request to do so by a non-defaulting Participating Owner, provide discharges of such registered Notice in respect-of lands to be conveyed to Approval Authorities and postponements to easements to and servicing agreements with Approval Authorities as well as postponements to a Participating Owner's land financing security. In addition, it is agreed that at the time that the Trustee issues a release letter to the Municipality confirming a. Participating Owner's compliance with this Agreement in respect of a Development Plan, the Trustee shall concurrently deliver to such Participating Owner a release of this Agreement in e-registrable form for that Development Plan for which such release letter has been issued. 1 n Page - 45 - L Time shall be of the essence of this Agreement and every part thereof. 9.9 No Partnership Nothing herein contained shall be deemed or construed so as to make any of the parties hereto partners with one another. 9.10 Agreement may be Executed in Counterpart This Agreement may be executed in counterparts, i.e. it shall not be necessary for all of the parties to have signed the same copy hereof. 9.11 Agreement to be Binding Despite Anticipated Adjustments The parties acknowledge that this Agreement is intended to be binding notwithstanding that the calculations herein will require adjustment on an ongoing basis, all of which are to be incorporated pursuant to the terms herein. 9.12 Covenants Run with the Participating Owners' Lands The parties. acknowledge that the covenants herein contained shall be considered covenants, which run with their respective lands. 9.13 Agreement Binding on Signatories Notwithstanding the parties named herein. and the definition of "Participating Owners" set out in Section 1.1(00), it is acknowledged and agreed that this Agreement shall be binding only upon those parties who have executed this Agreement herein below (hereinafter called "Original Signatories"). In the event that a party named in the Agreement but who is not one of the Original Signatories subsequently elects to execute this Agreement, then such party shall execute this Agreement and thereupon such party and the lands in Duffin Heights owned. by such party shall be bound by all terms and provisions of this Agreement as fully as if such person had originally executed this Agreement, and the schedules attached hereto shall be amended accordingly. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement and the other parties have hereunto set their hands and seals as of the day, month and year first above written. MATTAMY (BROCK ROAD) LIMITED Per. Per: oc 9 ~•.~61L M - r'• L A-rJ0 . I/we have authority to bind the corporation COUGS (TILLINGS) LIMITED Per., Per: I/we have authority to bind the corporation COUGS (DERSAN) LTD. Per: Per: I/we have authority.to bind the corporation Page -.46 - 183 COUGS (BROCK ROAD) LTD. Per: Per: I/we have authority to bind the corporation LEBOVIC ENTERPRISES LIMITED Per: r " i ) ebou~ f~Yc , Per: I/we have authority to bind the corporation ONTARIO REALTY CORPORATION as agent on behalf of HER MAJESTY THE QUEEEN IN RIGHT OF ONTARIO- AS REPRESENTED BY THE MINISTER OF ENERGY AND INFRASTRUCTURE Per: Per: I/we have authority to bind the corporation THE CORPORATION OF THE CITY OF PICKERING Per: Per: I/we have authority to bind the corporation DUFFIN HEIGHTS LANDOWNER GROUP INC. Per: Per: I/we have authority to bind the corporation Page - 47 - 184 SCHEDULE "A-1" LEGAL DESCRIPTIONS OF THE PARTICIPATING OWNERS' LANDS MATTAMY LANDS (PIN 26408-0390) Part of Lots 17 and 18, Concession 3, Pickering, Regional Municipality of Durham, Designated as Part 1 on Plan 40R-25281, PIN: 26408-0390 COUGS-TILLINGS LANDS Part Lot 20, Concession 3, Pickering, Regional Municipality of Durham COUGS-DERSAN LANDS COUGS-BROCK ROAD LANDS Part of Lots 38 and 39, Pickering, Regional Municipality of Durham, on Plan 40R-6934. ORC LANDS Part of Lot 18, Concession 3, Pickering, Regional Municipality of Durham, Designated as Part 1 on Plan 40R-26408 LEBOVIC LANDS PIN #26408-0404 - Part of Lot 18, Concession 3, being Parts 3, 4, 5, and 6, Plan 40R- 26265, City of Pickering, Regional Municipality of Durham PIN #26408-0403 - Partof Lot 18, Concession 3, Pickering, part 2 on Plan 40R-26265, City of Pickering, Regional Municipality of Durham PIN #26408-0402 - Part Lot 18, Concession 3; Pickering, Part 1 on 40R-26265, Pickering, Regional Municipality. of Durham PIN #26383-0784 - Part of Lot 20, Concession 3, Pickering, being Part 1, Plan 40R-26221, City of Pickering, Regional Municipality of Durham PICKERING LANDS I Page 48 1 85 SPlan Depicting Participating Owners Lands within Duffin Heights _-=~X17NTS5A]ID7SFt__"~:`_" ✓ ~ LEBOVIC RRc 1 1 , / 1 i me Lworo j/' I ~ / 1 t ~ICmFAlOFl18 ; \ o ' ~ ~ ono / i LEBOVI o mm~~ oRc % MAITAMY \ LIMITED (BROCK ROAD) r 1 1 11 one LIMITED 1 f ~ L 1'1 IE'K~E~G ERSAN~ lumw.m \ ~~.C ;y' N7QRFO ~ _ C, 1~ ~F n (fn I f ~ j PICKERING ~ ~ 1~ J 1 1 1 a 71~1. C,01.9-1 1 o~pvs~°p0. Hip LAND OWNERSHIP MAP-LEGEND PROPERTY LINES - DUFFIN HEIGHTS DEVELOPMENT BOUNDARY PARTICIPATING LANDS MATTAMY IBROCK ROADI - LIMITED - COUGS 1IM17ED ONTARIO REALTY CORPORATION LESOVIC ENTERPRISES CITY OF PICKERING N °.r - rA n >m °r s~ramwom~aup.wR.oup . L Page - 49 - 1 8 6 SCHEDULE "A-3" CONTACT PARTICULARS FOR OWNERS AND TRUSTEE MATTAMY (BROCK ROAD) LIMITED c/o Mattamy Development Corporation 2360 Bristol Circle Oakville, Ontario L6H 6M5 Tel: 905-513-3651 Fax: 905-513-3652 Attention: Rodger Miller Email: Rodger.miller@mattamycorp.com COUGS (TILLINGS) LIMITED COUGS (DERSAN) LTD. COUGS (BROCK ROAD) LTD. c/o Coughlan Homes 2700 Audley Road North Ajax, Ontario L1Z 1T7 Tel: 905-427-7703 ext. 228 Fax: 905-427-1611 Attention: Scott Collins Email: scollins@coughlanhomes.com ONTARIO REALTY CORPORATION 1 Dundas Street West Suite 2000 Toronto, Ontario M5G 21-5 Tel: 416-327-3937 Fax: 416-327-3942 Attention: Ash Kothiyal Email: ash.kothiyak@orc.gov.on.ca Attention: Graham Martin Email: graham.martin@ontariorealty.ca LEBOVIC ENTERPRISES LIMITED 12045 McGowan Road Stouffville, Ontario L4A 8A2 Tel: 905-640-7361 Fax: 905-640-7369 Attention: Lloyd Cherniak Email: Ichemiak@lebovic.ca THE CORPORATION OF THE CITY OF PICKERING One the Esplanade Pickering, Ontario L1V 6K7 Tel: 905-420-4617 Fax: 905-420-7648 Attention: City Clerk Email: clerks@cityofpickering.com DUFFIN HEIGHTS LANDOWNERS GROUP INC. c/o Sernas Group 110 Scotia Court, Unit 41 Whitby, Ontario L1 N 8Y7 Tel: 905-686-6402 Fax: 905-432-7877 Attention: Michael McAllister Email: mmcallister@sernasgroup.com Page - 50 - 187 SCHEDULE "A-4" RECONCILIATION OF HISTORICAL ADMINISTRATIVE COSTS TO BE PROVIDED BY REG WEBSTER NEXT WEEK (March 5110) Page 51 A 188 SCHEDULE B-1 Plan Depicting Location of Community Services / sch 12 / L ' %w~ ~ i I~ j [,Dxewew+a hrRene' SW N{3 III J 3-4 00 ~J l I J SWIM 2 oCOILIN a { \ SWIY-4\ 1, ~ / 1 - \ ~ Rn~+o /I I I I f'1 ~ css LEGEND DFRSAN PROPERTY ONES O WATER BOOSTER STATION • SLViFR DERSAN SEWER r r DUFRN HEIGHTS BIOSWAIE ' DEVELOPMENT BOUNDARY - ...R...r STORM SEWER OVERSIZING • VC VILLAGE GREEN O SANITARY PUMPING STATION r•~ r ® PARK COMMUNITY ROADS TRAIL EMENSION 0 OIL 6 GRIT SEPARATOR CENTRAL DUFFIN COLLECTOR PARKETTE SEWER CLEAN WATER PIPE 000000 WATER LOOPING ® SCHOOL X CREEK IMPROVEMENTS INFILTRATION TRENCH swA+I swNi PorD - FORCFMMN COMMUNITY USE FM ROAD FRONTAGE Page 51 B SCHEDULE T-2' 189 plan Depicting Location of Community Lands I ~ r zAt '-•me'n'An- - 4. ~7I i ~ ~ ~ schopl2 i. ~\l..l r r,I' ~i 5 3 NOR f SWM%//' SWM 2 ~~paa~oDa ( Ni ~ II SWMme. S ~ovA~O°a ~ I Nvpao I 1 I f~ LEGEND PROPERTY LINES COMMUNITY ROADS DUFFIN HEIGHTS O WATER BOOSTER STATION DEVELOPMENT BOUNDARY •VG VILLAGE GREEN * BIOSWAIE ^ ® PARK SANITARY PUMPING STATION . PARKETTE ® SCHOOL swMl sWM POND Opgy~ COMMUNITY USE ROAD FRONTAGE N wr - M n lM n. w•wm.r~mewu...n 9 0 Page - 52 - SCHEDULE"C" CONSULTING ENGINEER'S COST SHARING SCHEDULES (TO BE PREPARED AND APPENDED AT A LATER DATE) TO BE PROVIDED BY REG WEBSTER WITHIN APPROX. 3 WEEKS (MARCH 22110) Page - 53 - 191 SCHEDULE "D" LETTER OF CREDIT FORM LETTERHEAD OF SCHEDULE "A" CANADIAN BANK Trustee under the DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT Dear Sir(s) and Mesdames: We hereby authorize you to draw on the (name of the bank) for the account of our customer (name of Group Member) up to an aggregate amount of $ available upon demand. Pursuant to the request of our customer, the said (name of Customer) we (Name of bank) hereby establish and give to you an irrevocable Letter of Credit in your favour in the total amount of $ which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have a right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer. Partial demands for payment are acceptable. Provided however that you are to deliver to (name and address of bank) at such time as a written demand for payment is made upon us your written confirmation that monies drawn pursuant to this Letter of Credit are to pay obligations arising under the DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT made between inter alia various owners of land in the City of Pickering described in the said agreement, as DUFFIN HEIGHTS DEVELOPERS GROUP; and to deliver also the original of this Letter of Credit for our endorsement of any payment thereon. This Letter or Credit will be for an initial period of one year, which will expire on the day of 20, and you may call for payment of the full amount outstanding under this Letter of Credit at any time prior to that date. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment for one year from the present or any future expiration date hereof unless thirty (30) days prior to any such date we shall notify you in writing that we elect not to consider this Letter of Credit renewed for any such additional period. Upon receipt by you of such notice you may draw hereunder by means of your demand accompanied by your written confirmation that the amounts drawn will be retained and used by you to meet obligations arising under and in accordance with the 'DUFFIN HEIGHTS DEVELOPERS GROUP COST SHARING AGREEMENT and any amount not so drawn shall be deemed released. The drawings under this stand-by Letter of Credit are to state on their face that they are drawn under (name of bank) stand-by Letter of Credit mentioning its number and date. DATED the day of .20 Page - 54 - 1 9 2 SCHEDULE "E" MEDIATION RULES 1. Selection of Mediator The Applicant and Respondents shall have five (5) Business Days from the Submission Date to agree upon a mutually acceptable neutral person not affiliated with any one or more of the Parties (to be referred to as the "Mediator"). If no Mediator has been selected within such time, the Applicant and Respondents agree jointly to request that Southwestern Ontario Dispute Management Centre (in Mississauga, Ontario) or another mutually agreed upon provider of mediation services supply, within three (3) , Business Days of the expiry of the five (5) Business Day period above, a list of potential candidates to be the Mediator with qualifications as specified by the respective Parties in the joint request. Within two (2) Business Days of the receipt of the list, the Applicant and each Respondent shall independently rank the proposed candidates and shall simultaneously exchange. rankings, and shall appoint as the Mediator the individual receiving the highest combined ranking who is available to serve in the role of Mediator. 2. Time and Place for Mediation In consultation with the Mediator, the Applicant and the Respondents shall promptly designate a mutually convenient time and place for the mediation and, unless circumstances require otherwise, such time shall not be later than ten (10) Business Days after the selection of the Mediator. 3. Summary of Views At least forty-eight (48) hours prior to the first scheduled session of the mediation, the Applicant and each Respondent shall deliver to the Mediator and to each other Party involved in the dispute a concise written summary of its views regarding the facts and issues of the Dispute. No such written summary shall be longer than five (5) pages in length. 4. Staffing at Mediation In the mediation, counsel may represent the Applicant and each Respondent. In addition, the Applicant and each Respondent may bring such additional persons (not exceeding five (5) in number as needed to respond to questions, contribute information and participate in the mediation. 5. Conduct of Mediation The Applicant and the Respondents, in consultation with the Mediator will agree upon a format for the. mediation designed to ensure that the Mediator and each respective Party have an opportunity to hear oral presentations of each Party's views on the matter of the Dispute, and that each Party will attempt to resolve the Dispute with the assistance of the Mediator. To this end, the Mediator is authorized to conduct both joint meetings and separate private caucuses with the Applicant and the Respondents in accordance with the agreed upon format for the mediation. 6. The Mediator's Views Any opinions or recommendations of the Mediator shall not be binding on any one or more of the Applicant and Respondents. 7. Termination of Procedure The Applicant and each Respondent agrees to participate in the mediation to its conclusion (as designated by the Mediator or by agreement between the respective Parties). The Parties agree not to take any action in relation to the Dispute prior to the conclusion of a ten (10) calendar day post-mediation period but commences on the day after the conclusion of the mediation. 8. Fees of Mediator. Disqualification The Applicant and the Respondents shall share the fees of the Mediator equally. i Page - 55 - 193 The Mediator shall be disqualified as a witness, consultant, expert or counsel for the Applicant or any of the Respondents with respect to the matters of the Dispute and any related matters. 9. Confidentiality All mediations shall be confidential and no stenographic, visual or audio records shall be made of any one of them. All conduct, statements, promises, offers, views and opinions, whether oral or written, made in the course of the mediation by any Party, any Party's agent, employee, representative or other invitee and by the Mediator (who will be the Applicant's and Respondents joint agent for the purposes of the mediation) shall. be held strictly in confidence. Any conduct, statements, promises, offers, views and opinions shall not be discoverable or admissible for any purposes, including impeachment of any witness in any litigation. or other proceeding involving any one or more of the Applicant and Respondents, and shall not be disclosed to anyone who is not an agent, employee, expert, witness, or representative of the Applicant or a Respondent; provided however, that evidence otherwise discoverable or admissible is not excluded from discovery or admission as a result of its use in the mediation. Page - 56 - 1 9 4 SCHEDULE "F" ARBITRATION RULES 10. Negotiation of Arbitration Procedures Upon the failure of the Applicant and Respondents to negotiate or mediate their Dispute, the Applicant and Respondents will meet forthwith to negotiate in good faith any mutually agreeable changes in the contract-to-arbitrate and the rules of arbitration which are here adopted, in an effort reasonably to expedite that arbitration process and otherwise to fit the process and its burdens to the dispute and the values at risk. Unless altered by the agreement of the Applicant and each Respondent, or if the Applicant and Respondents have failed to meet to negotiate changes in the contract-to arbitrate within fourteen (14) calendar days following the conclusion of the respective mediation, the arbitration shall proceed in accordance with the procedures and rules set in this Schedule. 11. Composition of Arbitral Tribunal The arbitration tribunal shall consist of one (1) arbitrator appointed by mutual agreement of the Applicant and the Respondents or, in the event of failure of the Applicant and the Respondents to agree within twenty (20) calendar days, any Party involved in the dispute may apply with notice to a judge of the Ontario Superior Court , or its successor, to appoint an arbitrator. The arbitrator shall be qualified by education and. training to pass upon the particular matter to be decided. The arbitrator selected or appointed in accordance with this paragraph shall be referred to in this Agreement as the "Arbitrator". 12. Time of the Essence The Arbitrator shall be instructed that time is of the essence in proceeding with his or her defection of the Dispute. 13. Jurisdiction of Arbitrator The Arbitrator shall have the jurisdiction to deal with all matters relating to a Dispute including, without limitation; the jurisdiction: (a) to determine any question of law or of equity; (b) to determine any question of fact, including questions of good faith, dishonesty or fraud; (c) to determine any question as to the Arbitrator's jurisdiction: (d) to order Applicant or one or more Respondents, to furnish further details, whether factual or legal, of that Party's case; (e) to proceed in the arbitration notwithstanding the failure or refusal of any Party to comply with the rules of arbitration set out herein or agreed to between the Applicant and Respondents, or with the Arbitrator's orders or directions or to attend any meeting or hearing, but only after giving that Party written notice that the Arbitrator intends to do so; (f) to receive and take into account such written and oral evidence tendered by the Applicant or one or more Respondents as the Arbitrator determines is relevant, whether or not admissible in law; (g) to make one or more interim awards including, without limitation, orders to secure any amount relating to the Dispute; and (h) to order the Applicant and/or one or more of the Respondents to produce to the Arbitrator and to each of the other Parties involved in the Dispute for inspection, and to supply copies of any documents or classes of documents in their possession, power or control that the arbitrator determines to be relevant. 14. Rules for Arbitration Page - 57 - C The Applicant and the Respondents will agree, in consultation with the Arbitrator, 9 5 on rules for the arbitration. Absent agreement to the contrary, the following rules, designed to save time and expense for the parties, will apply: No Interference, Arbitral Award Final (a) The Applicant and each Respondent acknowledges and agrees that it shall not apply to the courts of the Province of Ontario or of any other jurisdiction to attempt to enjoin, delay, impede or otherwise interfere with or limit the scope of any arbitration or the powers of the Arbitrator, and the award of the Arbitrator shall be final and conclusive and there will be no appeal therefrom whatsoever to any court, tribunal or other authority provided, however, that the foregoing will not prevent the Applicant or a Respondent from applying to the courts of the Province of Ontario for a determination with respect to any matter or challenge provided for -in the Arbitration Act, 1991 (Ontario), as amended. Pleadings (b) Within thirty (30) days of the appointment of the Arbitrator, the Applicant must deliver to each Respondent and the Arbitrator a written statement (the "Claim") concerning the Dispute and the material facts upon which it intends to rely; (c) If the Applicant fails to deliver a Claim within the time limit referred to in subsection 5(a) of this Appendix, the Arbitrator must terminate. the arbitration proceedings and the Claim deemed to be null and void. (d) Within thirty (30) days after the delivery of the Claim, each Respondent may deliver to the Applicant and the Arbitrator a written response (the "Defence Statements" or, individually, a "Defence Statement") setting forth, with particularity, its position on the Dispute and the material facts upon which it intends to rely and may each also deliver to the Applicant and the Arbitrator a counter-claim (the "Counterclaims" or, individually, a "Counterclaim") setting forth, with particularity, any additional Dispute for the Arbitrator to decide. (e) If a Respondent fails to deliver a Defence Statement within the time limit referred to in subsection 5(c) of this Schedule, the Arbitrator shall continue the proceedings without treating such failure in itself as an admission of the Applicant's allegations. (t) Within ten (10) days after delivery of the Defence Statements or the expiry of the period referred to in subsection 5(c) of this Schedule, the Applicant may deliver to the Respondents and the Arbitrator a written reply to the Defence Statement (the "Reply'), setting forth, with particularity, its response, if any, to the Defence Statements. (g) Within thirty (30) days after the delivery of a Counterclaim, the Applicant may deliver to the respective Respondents and the Arbitrator a defence to such Counterclaim (a "Defence to Counterclaim"). If the Applicant fails to deliver a Defence to Counterclaim within such thirty (30) day period, the Arbitrator shall continue the arbitration proceedings without treating such failure in itself as an admission of the respective Respondent's allegations set forth in that Counterclaim. (h) Within ten (10) days after the delivery of a Defence to Counterclaim, the Respondent in respect of whose Counterclaim the Defence to Counterclaim has been delivered may deliver to the Applicant and the Arbitrator a reply to such Defence to Counterclaim (a "Reply to Defence to Counterclaim"). (i) Every Counterclaim shall be deemed to be a submission to the Arbitrator already appointed. 0) No Claim, Defence Statement, Counterclaim, Defence to Counterclaim or Reply to Defence to Counterclaim shall be more than five (5) pages in length; Page - 58 - 1 ? V Document Discovery (k) Each Party will provide to the others access to any documents that may be relevant to the arbitration. Each Party will also provide to the others a list and copies of up to (but not exceeding) fifteen (15) documents that the Party intends to rely on at the arbitration. Oral Discovery (1) Each Party will be entitled to oral discovery of the other Parties if it deems it appropriate. Each Party may only discover the another Party for a maximum of three (3) hours. Any questions refused will be put to the Arbitrator for the Arbitrator's determination as to whether the questions are appropriate and relevant, and the Parties will answer all questions which the Arbitrator has determined are appropriate and relevant; Meetings (m) The Arbitrator will determine the time, date and location of meetings for the arbitration and will give the Applicant and Respondents at least fourteen (14) days priorwritten notice of such meetings; (n) All proceedings and the making of the award shall be in private; (o) The Applicant and Respondents may be represented or assisted by any individual during the arbitration. Where a Party is represented by another Person, such Party will provide notice in writing of such representation to the other involved Parties and to the Arbitrator at least five (5) days prior to any arbitration (p) The first arbitration meeting must be held within twenty-eight days of the expiry of the pleadings procedure set forth in this Section of. this Schedule. (q) At the arbitration meetings, opening arguments will be limited to one half hour per Party; (r) Each party may produce up to two (2) witnesses for direct examination. The total time permitted for the direct examination of witnesses (whether one or two are produced) will be two hours. The total time permitted for cross-examination of witnesses will also be a total of two (2) hours for each Party; (s) Hearsay evidence will be admissible and its weight will be determined by the Arbitrator; (t) Each Party may introduce any of its fifteen (15) documents through either . of its witnesses. The other Party or Parties may, if appropriate, challenge the authenticity of any document produced through these witnesses; (u) Closing arguments will be limited to one (1) hour for each Party; Decision of Arbitrator and Award of Costs (v) Each arbitration award shall be given in writing, shall contain a recital of the facts upon which that award is made and the reasons therefore, and shall be final and binding on the Applicant and the Respondents, not subject to any appeal, and shall deal with the question of costs of the arbitration and all matters related thereto. Each award shall include an award of interest from the bate of.and damages for breach or other violation of the contract, and from the date of the award until paid in full, at a rate to be fixed by the Arbitrator, but in no event less than the rate prescribed for judgments of the Ontario Superior Court or its successor. In determining the allocation between the Applicant and Respondents of the costs of the arbitration, including the professional fees of the Arbitrator and the administrative costs associated with the arbitration, the Arbitrator may invite Page - 59 - 197 submissions as to costs and may consider, without limitation, each Party's efforts to resolve the Dispute through negotiation and mediation, and any settlement offers made (including settlement offers made during the course of the arbitration). If the Applicant or one or more of the Respondents has refused to participate in negotiations or mediation (or has demanded pre-conditions to negotiating or mediating), there shall be a presumption that solicitor,and client costs should be awarded against that Party refusing to participate, regardless of the outcome of the arbitration. Enforcement of Arbitral Award (w) Judgment upon an award rendered may be entered into any court having jurisdiction thereof or having jurisdiction over any one or more of the Applicant and Respondents, or application may be made to such a court for judicial recognition of the award or an order for the enforcement thereof, as the case may be. Costs of Enforcement (x) All costs, fees or taxes incident to enforcing an arbitral award shall, to the maximum extent permitted by law, be charges against the Party resisting such enforcement. Disclosure/Confidentiality (y) All information disclosed, including all statements made and documents produced in the course of the arbitration shall be held in strict confidence and no party may rely on, or introduce as evidence in any subsequent proceeding, any admission, view, suggestion, notice, response, discussion or position of either the Applicant or one or more of the Respondents or any acceptance of a settlement proposal or recommendation for settlement made during the course of the arbitration, except (i) as required by law, or (ii) to the extent that disclosure is reasonably necessary for the establishment or protection of a Party's legal rights against a third Party or to enforce the award of the Arbitrator or to otherwise protect that Party's rights under these rules of arbitration. Miscellaneous (a) Nothing contained in these rules of arbitration prohibits a Party from making an offer of settlement relating to a Dispute during the course of an arbitration. (b) The language of the arbitration shall be English. Page - 60 - 198 SCHEDULE"G" TERMS OF REFERENCE FOR APPRAISALS TO DETERMINE ACREAGE LAND VALUE Assignments' require compliance with the Canadian Uniform Standards of Professional Appraisal Practice (CUSPAP) of the Appraisal Institute of Canada.2 In addition to compliance with CUSPAP, in each report the appraiser must provide the following: Purpose of the Assignment or Type of Opinion Requested The purpose of the appraisal is to determine the per acre market value of a typical parcel of serviced development land in Duffin Heights. Intended Use of the Appraisal The appraisal will be used to adjust the Acreage Land Value pursuant to the Duffin Heights Developers Group Cost Sharing Agreement. Intended User(s) The intended user are the non-defaulting parties to the Duffin Heights Developers. Group Cost Sharing Agreement from time to time (the "Group"). General Guidelines The Group will evaluate proposals on a weighted basis: (1) Total Fee Including Disbursements - 75% weighting; (2) Committed Due Date, Implementation & Methodology -.25% weighting. Proof of (1) Professional Errors & Omissions Liability Insurance (2) Commercial General Liability Insurance must be current prior to awarding work. The successful Proponent will provide to the Group an updated Certificate of Insurance. The appraiser will provide an electronic copy.of the preliminary Draft report in PDF format within the specified time period to be reviewed by the Group. The Appraiser shall also supply a signed electronic copy of the Final version of the .report and one signed hard copy. Please Note: for concurrent appraisals, in the event of a value differential exceeding 10%, the appraisers may be required to exchange draft appraisal reports and consult with each other.as to whether there is common ground for agreement on the facts and assumptions underlying the respective appraised values. To the extent that the appraisers are in agreement, the respective draft valuation results would then be modified accordingly. Property-Specific Requirements The Group's property-specific requirements will require the appraiser to include some or all of the following, as applicable: • Identify the property being appraised (legal description, municipal address, location) Assessment Roll Number, Assessment and Taxes (if available) • Property Identification Number (PIN) Assignment is defined as "a valuation service provided as a consequence of an agreement between an appraiser and a client". z CUSPAP can be viewed and downloaded from the Appraisal Institute of Canada website at www.aicanada.ca/e/resourcecent6r standards.cfm. Page - 61 - 9 9 • History of the property, including any sales and/or listings of the property during the minimum 3-year period prior to the effective date of the appraisal • Identify and define the property rights being appraised (fee simple, leased fee, leasehold) • Effective date of the appraisal (current date, prospective date, retrospective date) • Definition of value, including source of definition • Physical description of the parcel/site (dimensions, size, configuration, topography, access) • Photographs, site plan, survey, aerial photo, etc., of the property • Physical description of the improvements (dimensions, size, use, functionality, condition, age, building materials, equipment) • Building plans, sketches, etc, of the property • Title Search with a copy of the abstract included in the appraisal report • Summary of any easements, restrictive covenants, leases, etc., registered against title • Reference Plans, Plans of Subdivision or Surveys registered on title • Type and adequacy of services • Adverse environmental factors on or off the property • Lease(s) synopsis • Land Use Controls (zoning, site-speck by-law, official plan, secondary plan, etc.) and provisions (setback requirements, parking requirements, height restrictions, density, coverage, etc.), including statement of compliance or non- compliance of the subject property • Definition of Highest and Best Use, including source of definition, and analysis and statement of Highest and Best Use, taking into consideration any potential or prospective changes in land use regulations. • Any other property-specific factors (legal, physical, economic, etc.) considered relevant to the assignment. Scope of Work A Scope of Work section must be included in every report disclosing the type and extent of research, and analysis conducted in the preparation of the assignment in the context of the Intended Use of the appraisal. The disclosures should address the following, as applicable to the Intended Use. • Municipal, Provincial and Federal -governmental agencies/departments and Crown Corporations contacted, including names and phone numbers of contacts • Non-governmental companies contacted or retained to assist in the preparation of the assignment, including names and phone numbers of contacts • Studies and reports relied upon in the preparation of the assignment (environmental audit, building condition audit, planning report, etc.) • Market analysis, consistent with the Intended Use, discuss relevant macro- and micro-market conditions, trends and other factors that impact value of the subject property, provide the Group with an awareness of property and market risks that are pertinent to the subject. • Sources of transactional data relied upon (Marsh Report, RealTrack, RealNet, Geowarehouse, MLS, in-house records, trade publications, other professionals, etc.); geographic (market) area searched; and time-frame covered • Confirmation. of` transactional data in the Land Titles/Registry Office (Disclosure also required if transactional data not confirmed in the Land Titles/Registry Office) • Physical inspection of the subject property, including extent and date(s) of inspection (Disclosure also required if subject property not inspected, accompanied by an explanation) • Physical inspection of the comparable sales and/or leases, and sale and/or lease offerings, including extent of inspection (Disclosure also required if comparables not inspected, accompanied by an explanation) • Methods and techniques relied upon in reaching the opinions of value* or conclusions, including appropriateness in achieving assignment objectives • Adverse environmental influences evident either on or off the property • Any other factors (legal, physical, economic, etc.) considered relevant to the proper completion of the assignment Page - 62 - 200 Special Case - Non-viable Parcel/Site A parcel/site that is landlocked and/or of a size and configuration for which there is no independent highest and best use must be appraised in contribution to an adjoining property (i.e., the LargerParceo in its highest and best use. Depending on the locational attributes of the subject property, there may be more than one Larger Parcel, and a requirement for a value opinion in contribution to each adjoining property. Comparable Sale/Listing Summary Sheet A separate summary sheet must be provided for every comparable sale/listing relied upon in developing an opinion of value for the subject property. If a sales transaction is more than one year old, the appraiser will explain why it has been included in the analysis as well as the economic and market conditions under which it occurred. The summary sheet for each comparable sale/listing should include the following list of items, as applicable: • Address and/or Location (with Photograph) • Sale Date/Registration Date Instrument/Document No. • Legal Description/Property Identification Number (PIN) Vendor • Purchaser • Source of Data and Contact (name and/or company and telephone number)' • Type of property and use Building area • Land area, including dimensions • Availability of Services • Income particulars • Zoning category, Official Plan and/or Secondary Plan designations • Sale Price, including details of any existing and vendor-take-back mortgages/charges. For a Listing provide Asking Price • Days on Market, if available • Provide appropriate physical and/or economic unit(s) of comparison (price per acre, price per square foot of land/building, price per square foot of permitted density, gross income multiplier, overall capitalization rate, discount rate, etc.) • Cash-equivalent Sale Price (atypical financing must be adjusted to a cash- equivalent amount) • Any environmentally sensitive and/or undevelopable land must be identified and accounted for in the analysis of the transaction • A "remarks" section providing a brief narrative of the relevant attributes of the comparable (i.e., legal, physical, economic, etc.) • The rationale employed should reflect the way active market participants would approach this valuation exercise. Comparable Sale/Listing Location Map A map showing the location of the comparable sales/listings in relation to each other and the subject property must be included with every appraisal report. Comparable Sale/Listing Adjustment Grid The adjustment grid may be qualitative or quantitative, but should summarize the appraiser's overall adjustment factors of each sale in relation to the Subject. From the grid a final analysis of the value/value range can be achieved. An adjustment must be included with every appraisal report. Preliminary Completion Date for Delivery of Draft Report n A reasonable effort must be made to confirm the particulars of the transaction with a party to the transaction or a party with knowledge of the transaction. If no "contact" is available indicate "none". Page - 63 - 201 A "draft report must be emailed or delivered/couriered to the Group's identified representative by the preliminary completion date for the assignment. Failure to complete an assignment on time may result in a review of your status on the Group's list of approved consultants. The appraiser is encouraged to contact the Group's identified representative during the preparation of the assignment should any aspect of the assignment require clarification and/or additional documentation from the Group„ so as to facilitate successful and timely completion of the assignment. If there are extenuating circumstances that preclude completion of the assignment on a timely basis, you must contact the Group's identified representative responsible for commissioning the assignment arior to the scheduled preliminary, completion date for further instructions. Your "draft" report will be reviewed by a Group representative and/or third-party representative retained to act on behalf of the. Group to ascertain compliance with CUSPAP and the Group's requirements in the context of the Purpose of the Assignment/Type of Opinion Requested and Intended Use. You may be required to discuss your assignment opinions and/or conclusions with an identified Group representative either by phone or in person. The Group may request amendments prior to finalizing your "draft" report for a variety of reasons, including the following: • Non-compliance with the Group's assignment instructions • Non-compliance with CUSPAP • Non-compliance with the Group's assignment requirements • Errors of commission and/or omission • Unsupported opinions or conclusions • Use of inappropriate methods and/or techniques • Failure to produce credible results Repeated assignment shortcomings, including untimely assignment completion and delivery, may be cause for removal from the Group's list of approved consultants. MA700%701809\agreementlcsa -january 29, 2008,doc 2 2 Page - 64 - SCHEDULE"H" FRONT FUNDED OWNER-CONSTRUCTED CORE SERVICES AS PER REGION'S FRONT-ENDING AGREEMENT 1. Sanitary pumping station to be located within Lands east of Brock Road 2. Sanitary forcemain from the sanitary pumping station to Brock Road 3. Sanitary sewer on Dersan Street from Brock Road to the Central Duffin Collector Sewer 4. Zone 11 water booster station to be located within the Lands west of Brock Road I i Page 65 2 0 3 SCHEDULE'!' Plan Depicting Trail Extension from Stormwafier Management Pond Located on Mattamy Lands to the Urban Boundary of Pickering (at Ajax)' ROAD ate. ;I X • ,l MATTAMY LANDS Ali O ; . 1/ i l.f ~S _ O Imo.` 1 I m . \`f~,~ i 0 50 X00 50 200 250M i TRAIL EXTENSION .n - rw n w n. wawarasna.e~w.a.. 2 0 4 AIRD & BERLIS LLP ATTACHMENT#Z_TO REPORT # - im Barristers and Solicitors John Mascarin Direct: 416.865.7721 E-mail:jmascarin@airdberlis.com June 22, 2010 Our File No.: 98900 Grant McGregor City of Pickering Pickering Civic Complex One The Esplanade Pickering ON L1V 6K7 Dear Mr. McGregor: Re: Duffin Heights Developers Group Cost Sharing Agreement We have been retained by the City of Pickering ("City") to advise the City with respect to the above-noted Duffin Heights Developers Group Cost Sharing Agreement ("CSA" Background and Materials Reviewed We have had an opportunity to review the CSA and to meet with Reginald Webster of Sernas Group Inc. as well as members of City staff to discuss the status and substance of the document. We have also met with Cam Watson of Watson & Associates Economists Ltd. who is reviewing the financial and cost-sharing schedules of the CSA. In addition, we met with yourself and the former City Solicitor, Andrew Allison, to review the background relating to the development of the lands and the involvement of the City as both a benefiting landowner in the Duffin Heights Neighbourhood ("Duffin Heights") and as approval authority for various development approvals under the Planning Act, R.S.O. 1990, c. P.13, as amended. We have also reviewed Report Number PD 41-08 dated September 29, 2008 to Planning & Development Committee. Review of CSA from Two Perspectives We have reviewed the CSA from two perspectives given that the City is both a proposed signatory and participating owner to the agreement as well as the approval 'authority for various development approvals in Duffin Heights. The City is a significant landowner within Duffin Heights. Should it execute the CSA, the City will be a limited participating front-ending owner under the agreement related to certain storm water management works. Brookfield Place, 181 Bay Street, Suite 1800, Box 754 • Tolronto, ON - M51 2T9 • Canada T 416.863.1500 F 416.863.1515 www.airdberlis.com i 205 June 22, 2010 Page 2 CSA in General (a) General Intent of Agreement The CSA is intended to provide an equitable cost-sharing mechanism for participating front-ending owners as well as non-participating but benefiting owners within Duffin Heights in order to distribute the costs related to the provision of community lands and services, works and facilities. (b) Use of Cost Sharing Agreements Developer costs sharing agreements have had a long history in the province of Ontario as an accepted method for ensuring the provision of required public infrastructure necessary to service new development as well as the equitable and proportionate distribution of the capital costs related to the infrastructure construction, installation and provision. Municipalities typically encourage such agreements among landowners and often enshrine policies to promote and facilitate such arrangements within their official plans. We note that Section 11.17 (p)(iii) of the City's Official Plan for Duffin Heights reflects this principle of equitable cost sharing for benefiting landowners as follows: 11.17 City Council shall, (p) require, as a condition of site plan, subdivision or any other development approval, that landowners: (iii) become a party to the cost sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefitting landowner has made satisfactory arrangements to pay its proportion of the shared development cost. (c) Parties to CSA We reviewed the CSA dated March 19, 2010 as executed by three parties: Mattamy (Brock Road) Limited, Lebovic Enterprises Limited and Ontario Realty Corporation (ORC). All three parties are listed as participating owners under the CSA. As noted, it is intended that the City be a participating owner under the CSA (but limited as to cost-sharing only with respect to certain stormwater management facilities). The schedules currently list the City as a Non-Participating Owner. The CSA is also drafted to incorporate three related companies - Cougs (Tillings) Ltd., Cougs (Dersan) Ltd. and Cougs (Brock Road) Ltd. (the Cougs companies) - as participating owners. Duffin Heights Landowners Group Inc! is proposed to be a signatory to the CSA but only as trustee under the agreement having express functions, duties and responsibilities. AIRD & BERLIS u P Barristers and Solicitors 206 June 22, 2010 Page 3 (d) Form of CSA The CSA appears to be a form of cost sharing agreement that is commonly utilized by the development industry in Ontario. In general, the CSA sets out various obligations that will be met by the signatories to the agreement (who are identified as "Participating Owners") with respect to the provision of community land and community servicing costs. The Participating Owners agree to up-front the costs of various community services (i.e. local services for which there is no development charge imposed by the City) which include community roads, stormwater management facilities, watermains, storm and sanitary sewers, a looped watermain, water balancing and water infiltration infrastructure as required by the Environmental Servicing Plan, school site servicing and other services. Community lands include lands that will be used for public services and include various easements, stormwater management facilities, community roads, school and various other lands and interests in lands. Park lands are not included within the definition Community Land (the obligations of landowners within Duffin Heights with respect to the dedication of parkland are proposed to be set out in a Master Parkland Agreement). (e) Purpose of CSA The overall general intent of the CSA is set out in Section 3.1 whereby Participating Owners agree to dedicate community land and construct or pay for community services on behalf of all benefiting owners to allow for the development of all lands within Duffin Heights. The CSA contains various mechanisms to determine the Participating Owners' proportionate servicing share of the community servicing costs. Many of the services are cost-shared on the basis of the proportion of individual developable area over the entirety of the development areas within Duffin Heights, although other equitable methods are employed in appropriate cases depending upon the specific service. The same applies. with respect to the cost-sharing of the community land obligations whereby many of the land costs are shared on the basis of net developable area. A summary of the various cost-shared items, the portions to be cost-shared, the basis of the cost sharing and the front-fund sharing are set out in the "Duffin Heights Landowners Group - Principles of Cost-Sharing." Apart from the aforementioned cost sharing provisions, the CSA contains many of the features that are common with standard cost sharing agreements, including the requirement for a group trustee and a consulting engineer, the establishment of a committee to vote ' upon and determine matters, dispute resolution mechanisms and various general administration provisions (including re-calculation provisions). (t) Equitable and Proportionate Cost Sharing Based on our review of the CSA, which has been executed by three sophisticated parties who are experienced with the land development approval process in Ontario, it generally provides for an equitable and proportionate distribution of both land servicing and community land dedication/use costs amongst the Participating Owners and Non- Participating Owners who own lands that will benefit from the provision of the community lands and community services. AIRD & BERETS u.v Barristers and Solkkors June 22, 2010 2 0 7 Page 4 Notwithstanding the foregoing, City staff and its consultants have identified three specific items that need to be clarified or amended in the CSA which relate to the following: 0) specific reference to Section 11.17 (p)(iii) of the City's Official Plan for Duffin Heights in the recitals and within the CSA so that Non-Participating Owners may be entitled to obtain clearance from the Trustee upon payment of their proportionate share of the costs under the CSA; (ii) a map that clearly sets out or a schedule that lists the benefiting area or benefiting landowners who are not Participating Owners; and (iii) the removal of the Cougs companies as signatories and participating owners. The foregoing issues have been communicated to the Trustee and its solicitor who are seeking to address the matters to the City's satisfaction. A number of additional but minor items are also being amended or clarified. Subject to clarification or an amendment of the CSA to address the above-noted issues, it is our opinion that the CSA represents a bona fide mechanism to provide and to equitably distribute the costs of servicing and land use for the community amongst benefiting landowners, present and future. While it is always possible to challenge and contest any specific cost-shared item and any individual cost-sharing methodology, it is our view that the City, as approval authority, should not have any concerns that the CSA is inequitable or unfair. Mr. Watson's review of the financial and cost-sharing schedules of the CSA and ultimate conclusions will also inform this aspect. CSA from City's Perspective as Participating Owner (a) City's Participation in CSA We have also reviewed the CSA to discern and analyze it from the point of view of the City as a proposed Participating Owner. The Report to Planning & Development Committee - PD-4108 dated September 29, 2008 set out the Duffin Heights Landowner Group request for the City's participation in the CSA and its contribution to the front- ending of the costs for storm water management facility #4 and related infrastructure ("SWM 4"). (b) Council Endorsement of Limited Cost Sharing Recommendation 4 of the aforementioned report provided as follows (which recommendation was adopted by Council): That Council endorse in principle entering into a cost sharing agreement with the Duffin Heights Landowner Group respecting the provision of infrastructure in the Duffin Heights Neighbourhood and that staff report back to Council with a report seeking formal authority to execute the cost sharing agreement and authority to front-fund the costs of the infrastructure as shown in Attachments #8 and #9 to Report PD 41-08 when the agreement is in its final form. AIRD & Bmus up Barristers and Solicitors 208 June 22, 2010 Page 5 (c) Limited Participation by City The CSA has been drafted to specifically provide that the City is a Participating Owner but "for the sole purpose of sharing in the costs related to the construction of the stormwater management facility and related stormwater management infrastructure that will be required in conjunction with the services depicted on Schedule "B-1" as SWM 4 which will benefit land within Duffin Heights that is owned by Pickering" (Recital F to the CSA). It should be noted, however, that because the City is not sharing in the costs of other services, it is generally listed as a Non-Participating Owner on the individual schedules in Schedule "C". The definition of Participating Owners in Section 1.1(oo) refers to and includes the City but with the following proviso: (iii) Pickering shall only be deemed to be a Participating Owner in . relation to Pickering's SWM4 Obligations and its rights and responsibilities shall be limited to the express terms contained in Section 3.26. "Pickering's SWM4 Obligations" is defined to have the meaning as set out in Recital F to the GSA. Section 3.26 is entitled "Pickering shall not have any obligations under this Agreement other than for Pickering's SWM4 Obligations" and the clause sets out that the City's sole requirement under the CSA is to fund its proportionate servicing costs for SWM4 and to contribute its share of the community land component required for SWM4. The clause further provides that the City is not obligated to contribute to the maintenance of SWM4. The City agrees that it will not sell any of its lands within Duffin Heights if declared surplus unless its purchasers agree to be added as a party to the CSA and assume the duties and obligations of the City with respect to SWM4. This is a common requirement for all participating owners under cost sharing agreements and is an obligation for all Participating Owners under the CSA pursuant to Sections 3.15 and 9.4. (d) City's Financial Obligations under CSA Based on our review of the CSA as a whole, the City's obligations to participate and to front-fund as a Participating Owner are limited to the costs related to SWM4 as specified in Recital F and Section 3.26. The total financial contribution with respect to SWM4 is set out in Schedule "CS-17" to the CSA (revised to April 30, 2010) and totals $601,084.35, out of the total $2,947,852.50 cost. The costs applicable to SWM4 are cost-shared by all Participating Owners based on each Participating Owners' net developable area as compared to the total net developable area of all Participating Owners within the tributary area pursuant to Section 3.8(A). The City's front-funded share of the SWM4 costs are calculated in accordance with the proposal by Reginald Webster to the former CAO dated July 9, 2008 (being Attachment 6 to Report Number PD 41-08). AIRD & BERLIS ua Barristers and Solicitor - 209 June 22, 2010 Page 6 (e) Approval for City to Enter into CSA We understand that City staff will be presenting a report to Council seeking formal authority to enter into and execute the CSA. We note that Recommendation 4 from the aforementioned report expressly provided that "staff report back to Council with a report seeking formal authority to execute the cost sharing agreement... when the agreement is in its final form" (emphasis added). Unlike the vast majority of contracts which are in a "final" form prior to execution, cost sharing agreements are unique given that they remain fluid and amenable to modification following execution. Cost sharing agreements typically remain subject to amendment and revision even after formal execution. This is required because such agreements contemplate the incorporation of additional parties and the recalculation of contributions and reimbursement amounts on an ongoing basis. The principles of cost sharing agreements are not re-engineered, but the various amounts remain subject to continued revision. The CSA addresses this aspect of the contractual arrangement in Section 9.11, which provides as follows: 9.11 Agreement to be Binding Despite Anticipated Adjustments The parties acknowledge that this Agreement is intended to be binding notwithstanding that the calculations herein will require adjustment on an ongoing basis, all of which are to be incorporated pursuant to the terms herein. Therefore, the CSA dated March 19, 2010 is very close to the final form (subject to the City's requested modifications and/or clarifications as noted above), although it is anticipated by all parties that it will be subject to modification as to calculations. As noted above, the CSA has presently been executed by three of the Participating Owners and it is proposed that the City and the Trustee will be executing the CSA. The Cougs companies may be added as formal signatories if they decide to execute the CSA. Also as noted, other persons or parties may join the CSA as Participating Owners by becoming added parties to the CSA. We would recommend that the current draft of the CSA is suitable to present to Council for approval subject to such necessary modifications being made to satisfy City staff's concerns and our aforementioned comments. These modifications are anticipated and may be approved by the appropriate City staff and the writer in due course. Conclusions Based on the foregoing analysis, it ,is our opinion that the CSA represents a fair and equitable contractual mechanism to distribute the costs related to the provision of required infrastructure and lands necessary to service Duffin Heights. We are also of the view that the City's obligations as a Participating Owner under the CSA fall within the scope of the request for funding as previously agreed to in principle by Council. The City's obligations to contribute towards both servicing and land costs are limited to those costs associated with SWM4 at this time. AIRD & BERLis up Barrlstera and Sollcltora 210 June 22, 2010 Page 7 We would be pleased to discuss any questions or concerns that you may have with respect to the foregoing. Yours truly, AIRD & BERLIS LLP John ascarin JWI 6750860.3 Am & BERus up Eardste and Sukh s . 7 THE 5ERNA5 GROUP ATrAC-"NT#,.I-.TOREPORT #CplF n A Member of The Sernas Group Inc. A=- 11MM 110 Scotia Court T-905.686.6402 RECEIVEDUnit 41 F905.432.7877 Whitby, ON sernasgroup.com Lt N BY7 211 „l; - 9 2008 July 9, 2008 CITY (JF PICKERING City of Pickering PLaNNiDEPARTMELPMENT 1 The Esplanade Pickering, Ontario L1V 5K7 Attention: Mr. T. Quinn Chief Administrative Officer Dear Sir: Geomorphic Sciences Re: Request for Consideration to City Participation Land Development Engineering Funding of Stormwater Management Facility and Related City and Regional Infrastructure Land Development Planning Required for Brock Road Reconstruction Municipal Engineering Services Duffin Heights Landowner Group Transportation & Transit Planning City of Pickering Utility Infrastructure Design Our Project 06456 Water Resources Engineering As you know, the Region of Durham has indicated that the stormwater management facility (SWM 4) proposed to be located at the north-east corner of the 3rd Concession (Rossland Road) and Brock Road is to be implemented immediately in order for the Region to proceed next year with the urbanization of Brock Road as requested by the City. It should be noted that advancing of the timing for this facility has been required based on the City's desire to have the road changed from a rural to an urban (curbs and storm sewer) design. 1 The Duffin Heights Landowner Group (DHLG) is currently co-ordinating the preliminary design process, has initiated a request to transfer the lands through the Ontario Realty Corporation, and is meeting regularly with City and Regional staff, as well as other stakeholders to advance these works. In addition, the same group has identified certain additional City and Regional infrastructure, mainly an oversized storm sewer system to accommodate both the Brock Road R.O.W. as well as the abutting benefiting lands mainly on the west side of the road, that needs to be installed when Brock Road is reconstructed such that the road will not have to be re-excavated in -the future. We have completed a preliminary estimate of these costs which have been attached for your review. They have been divided into three components: Part I - being the storm sewer within the Brook Road right-of-way that will be sized for Brock Road and any adjacent lands that will ultimately outlet to this sewer Part ll - being the design and construction cost for the SWM 4 facility Part III - being the land component of the SWM 4 facility 2/ 1 2 City of Pickering Mr. T. Quinn July 9, 2008 Page 2 As you can see, these costs are substantive totaling some $5,200,400. We have also developed a methodology for the sharing of these costs based on widely accepted cost sharing principles. The summary sheet totals these shared amounts for each benefiting party. Given the magnitude of the costs, the DHLG is not prepared to front fund all of these costs. If we delete the cost attributable to the City (approx. $1,014,000), the Region (approx. $1,370,000), and the members of the DHLG that have benefiting lands ($1,175,000), an amount of $1,641,400 remains for other benefiting "non-participating" parties. With respect to the "non-participating" share of $1,641,400, the DHLG may be prepared to front fund this cost in partnership with the City on the basis of the City's benefiting area to the total combined benefiting area of the City and participating landowners under the condition that the full amount ($1,641,400) will be recovered through the Duffin Heights Cost Sharing Agreement and distributed to the City and the DHLG on the basis of the front funded contributions made as payments by the non-participating landowners when these lands are developed. On this basis, the City's share of the front funded non-participating landowners would be - 6.00 ha (City Benefiting Area) _ 6.00 (City Benefiting Area) + 5.64 (ORC Benefiting Area) + 1.76 (Cougs Benefiting Area) (Total 13.4 ha) x $1,641,400 = $802,000 (rounded). Therefore the total of the City's share would be - $1,014,000 + $802,000 = $1,816,000. Given that the Region needs to have this facility built in 2009 concurrent with the urbanization of Brock Road, we request a meeting be organized specifically to address this iturn once you have had an opportunity to review the information provided herein. If you are available, we recommend that a meeting be held on Thursday, July 31s` in your offices. 3/ 7 21 3 City of Pickering Mr. T. Quinn July 9, 2008 Page 3 Please call me if you have any questions on the attached. Yours truly, THEE RNAS-G UP INC. P. ng. Principal, President RDW/br Attch. cc: City of Pickering, Attn: Mr. N. Carroll, Mr. G. McGregor Davies Howe Partners, Attn: Ms. K. Beckman The Sernas Group Inc., Attn: Mr. M. Favit Duffin Heights Landowner Group: - Mattamy (Brock Road) Limited, Attn:.Mr. D. Madeira, Mr. R. Miller - Cougs Investments Limited, Attn: Mr. R. Halliday - Ontario Realty Corporation, Attn: Mr. G. Martin, Mr. A. Kothiyal - Lebovic Enterprises Limited, Attn: Mr. L. Cherniak 21 4. STORM SEWER (PART 1), SWM FACILITY (PART 11) AND SWM FACILITY LAND (PART 111) COST SHARING SUMMARY BROCK ROAD, DUFFIN HEIGHTS BENEFITTING TOTAL COST LANDOWNER OF WORKS' 790659 ONTARIO LTD. $217,919.76 P. CAMPAGNA DEV. $253,906.51 O.R.C. $796,627.36 CITY OF PICKERING $1,020,400.43 S.W. $158,033.01 CALLERI $71,072.56 WRIGHT $68,887.04 GERBIS $33,166.20 S.S.D.C.S.O.C. $82,838.28 VERNOY $143,344.70 COUGS LTD. $284,937.00 YOON $302,482.35 PISTRITTO ' $392,400.46 CARUSO $26,532.42 REGION OF DURHAM $1,363,359.56 TOTAL $5,215,907.64 * STORM SEWER & SWM POND COSTS INCLUDE 15% CONTINGENCY, 150/6 ENGINEERING SWM POND LAND COSTS INCLUDE 5% FOR COORDINATION & ADMINISTRATION STORM SEWER. OVERSIZI NG .AND. STORMWATER. FACILITY No.4 TOTAL ESTIMATED COST $ -5,215,000 L Q OZY, 1 S • r ORC AND COUGS BENEFITTING SHARE I o $ 1,081,000 ! e° ~ j 3 I 'FUTURE _ROAD °Tr v i II I &EU (opw pIOtEFNC . CALLEM O.Saho 'i,l O se CITY OF PICKERING / / FRONT-ENDING SHARE FOR NON-PARTICIPATING I , / LANDOWNERS. REGION OF DURHAM 0.29hacEms Il $785,000 BENEFITTING SHARE j h $ 1,363,000 laooea sso.c bi . RE°ON Q RMOr~ 10~ ti D RSAN1o.oae;j Itll',i 0.9,9hovDiu b' - 0.22M S- EET A« - I I I i . g~ T DUFFIN HEIGHTS EXISTING LANDOWNER GROUP i Ifl Io CEMETERY. FRONT-ENDING SHARE EY ° I FOR NON-PARTICIPATING J I ra m Ie LANDOWNERS 000 NDOWNERS ~~iloff r \~l 05 FUTURE ROAD II . D.53ha CITY OF PICKERING N BENEFITTING•SHARE is °61q"'° m N f4 $ 1,020,000 ° - : - (e ureter. or me Snnvo Govo hc.). DUFFIN HEIGHTS 110ScdaCourt T905.886.8402 LANDOWNERS. NET AREA Unit41 F905.432.7877 PERCENTAGE PROPOSED SHARE OF $ 9661000 Whitby, ON semas.com GROUP LIN 8Y7 COUGS. 12.100% $116,886 CITY OF PICKERING DUFFIN HEIGHTS ORC 48.416% $ 467,699 BROCK ROAD STORM:SEWER OVERSIZING LEBOVIC 7.246% $ 69,996 AND STORMWATER FACILITY No.4 IMPLEMENTATION COSTS DATE: SEPT.•2008 DRAWN BY : A.G. PROJECT No. MATTAMY 32.238 %o 31.1,419 aesIeNEa eY : R.w. 06456 CNECRED 81 :M.F. DRAWING No. SCALE N.T.S. FIG 1 R/P Dote SEPT. 11. 2008 Ric 06456 DH-LANDOWNERS-CS-FICI.DWG -