HomeMy WebLinkAboutCAO 05-13 city co Report to
° Council
I KERI G Report Number: CAO 05-13
Date: October 28, 2013
From: Tony Prevedel
Chief Administrative Officer
Subject: Seaton — Financial Impacts Agreement
- File: L-3200-010-12
Recommendation:
1. That Report CAO 05-13 respecting the Financial Impacts Agreement for the
Seaton Development Area be received;
2. That a Financial Impacts Agreement substantially in the form included in this report
as Attachment 1, be entered into by the City subject to such minor revisions as are
satisfactory to the Chief Administrative Officer, the Director, Corporate Services &
City Solicitor, the Director, City Development, and the Director, Engineering &
Public Works;
3. That the said Financial Impacts Agreement be executed by the Mayor and City
Clerk; and
4. That the appropriate City officials be authorized to take the actions necessary to
implement these recommendations.
Executive Summary: The Financial Impacts Agreement (the "FIA") is a contract
among the City, the Province and the landowners within the Seaton Development Area.
The FIA deals with the major financial aspects of the development of Seaton through to
the year 2031. The FIA contains provisions regarding the development charges to be
paid by the Seaton landowners, and also provides for certain voluntary financial
contributions to be made by the landowners to the City.
The financial impact of the development of Seaton is a key issue within the Ontario
Municipal Board appeals commenced by the Seaton landowners. On September 3,
2013, Council approved in principle the terms upon which the City was willing to settle
the financial issues in the OMB appeal proceedings. The FIA incorporates the Council-
approved financial settlement terms.
Based upon the Fiscal Impact Study prepared for the City by Watson &Associates
Economists Ltd., it is anticipated that the FIA will yield a surplus to the City of
approximately $18.5 million as at 2031, over and above the cost of constructing and
operating the infrastructure necessary to service the Seaton Development Area. It is
Report CAO 05-13 October 28, 2013
Subject: Seaton — Financial Impacts Agreement Page 2
also anticipated that the FIA will remove the near-term negative cash flow problem
originally identified in the Fiscal Impact Study.
Financial Implications: The development charges which the City is permitted to
collect pursuant to the Development Charges Act are insufficient to fund the
construction of the infrastructure necessary to service Seaton. The City's Fiscal Impact
Study concluded that the development of Seaton through 2031 would yield a cumulative
surplus of$4.4 million over the cost of constructing and operating the infrastructure
necessary to service Seaton. This meant that the financial burden of servicing Seaton
had been dealt with. Staff were not satisfied with this result, however, because of the
very long term over which the financial requirements of Seaton must be met. The Fiscal
Impact Study is, of necessity, a long-term forecast based on estimates and assumptions
regarding the City's revenues and expenses through to 2031. Because it is impossible
to be certain of the City's financial needs over such a long period of time, staff sought
out additional financial support to increase the surplus so as to accommodate possible
future changes to the City's financial position.
Based upon the Fiscal Impact Study prepared for the City by Watson &Associates
Economists Ltd., it is anticipated that the FIA will yield a cumulative surplus to the City
of approximately $18.5 million as at 2031 over and above the cost of constructing and
operating the infrastructure necessary to service Seaton. It is also anticipated that the
FIA will remove the near-term negative cash flow problem originally identified in the
Fiscal Impact Study.
Discussion: On April 22, 2013, Council authorized staff to conduct
discussions with the Seaton landowners to prepare a Memorandum of Understanding to
ensure that the development of Seaton does not create a financial burden on the City,
and to address the financial issues identified in the Fiscal Impact Study. Since then, City
staff have, with the assistance of outside legal and economic advisers, engaged in
numerous discussions with the Seaton landowners concerning the financial impact of
the development of Seaton.
On July 24 and August 7, 2013, the OMB presided over mediation sessions attended by
representatives of the City, the Province and the landowners. The mediation sessions
were required by the OMB to determine if it was possible to reach a settlement
concerning the financial issues arising from the landowners' OMB appeals. After the
mediation sessions, the parties negotiated proposed settlement terms regarding the
outstanding financial issues.
On September 3, 2013, City staff and outside solicitor, Quinto Annibale (Loopstra Nixon
LLP), updated Council with respect to the results of the mediation and the proposed
settlement terms. Council approved in principle the settlement terms and authorized
staff to finalize an Agreement with the landowners regarding the financial issues. Since
then, staff have negotiated the terms of that Agreement with the Seaton landowners.
The Financial Impacts Agreement (the "FIA") is the result of those negotiations. The
Report CAO 05-13 October 28, 2013
Subject: Seaton — Financial Impacts Agreement Page 3
draft FIA is included in this report as Attachment 1. The provisions of the draft FIA are
satisfactory to City staff and to the City's outside legal and economic advisors, and
implement the settlement terms agreed to in principle by Council on September 3.
The key provisions of the FIA are summarized below:
Article 4: sets out the obligations of the landowners to design, build and pay for both
the Seaton internal roads network and the enhancements to the Regional roads
servicing Seaton. The landowners have also agreed to fund their share of the cost of
Seaton external road works as they are constructed by the City. Because the
landowners have agreed to pay for the Seaton internal roads network, they will not be
required to pay roads-related development charges. This exemption from the City's
road-related development charge must be incorporate into the City's Development
Charge By-laws.
Article 5: sets out the voluntary financial contributions which the landowners have
agreed to make. The voluntary contributions consist of: (a) payment of a "10%
Contribution" to compensate the City for the 10% statutory deduction imposed by the
Development Charges Act, (b) payment of$189 per unit to fund construction or
upgrades of municipal administration buildings, (c) payment of$300 per unit for
additional community uses and (d) an additional payment equal to the amount by which
the City's development charge revenues for soft services and fire services are reduced
as a result of the exemption in the Development Charges Act for public and separate
schools.
Article 6: requires the Seaton landowners to pay the City-wide development charge for
all services except new roads or improvements to existing roads (per Article 4 above).
In addition to constructing at their own expense the storm water management ponds
and facilities required to service Seaton, the landowners have agreed to pay the city-
wide development charge for storm drainage and management works. The
development charges payable by the landowners for storm drainage and management
works are fixed in the FIA subject to indexing for inflation.
Article 9: contains general contract provisions which require that the FIA be registered
against title to the Seaton lands and that it be binding upon the landowners' successors
in title.
•
Attachments:
1. Draft Financial Impacts Agreement
•
Report CAO 05-13 October 28, 2013
Subject: Seaton — Financial Impacts Agreement Page 4
Prepared/Approved By: Approved/Endorsed By:
\„„,. re:-(1/.
Paul Bigioni Tom Melymuk, CYP, RPP
g Y
Director, Corp t rate S- ices & City Solicitor Director, City Development
Prepared By:
IP
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Stan Karwowski Marisa CarA'o, MA
Division Head, Finance & Treasurer Director, rum & Recreation
fro
Richard Holbort, P.Eng.
Diredor, Engineering & Public Works
PB:ks
Recommended for the consideration
of Pickering City Council �, .�c.
afarea
Pi�-t. 23,Z0/3
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT# / TO REPORT# CAO
SEATON LANDOWNERS GROUP AND CITY OF PICKERING / .of. 0C-13
FINANCIAL IMPACTS AGREEMENT •J
THIS AGREEMENT is made this•day of•,2013.
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter referred to as the"City")
OF THE FIRST PART
and
HER MAJESTY THE QUEEN in Right of Ontario
as represented by the Minister of Infrastructure
as represented by Ontario Infrastructure and Lands Corporation
(hereinafter referred to as the"Province")
OF THE SECOND PART
and
1133373 ONTARIO INCORPORATED,
LEBOVIC ENTERPRISES LIMITED,
AFFILIATED REALTY CORPORATION LIMITED,
CHESTERMERE INVESTMENTS LIMITED,
HUNLEY HOMES LIMITED,
1350557 ONTARIO LIMITED,
ZAVALA DEVELOPMENTS INC.,
ZAVALA DEVELOPMENTS INC.,in Trust,
MATTAMY(SEATON)LIMITED,and
WHITE SUN DEVELOPMENTS LIMITED
(hereinafter collectively referred to as the"SPL")
OF THE THIRD PART
RECITALS:
•
A. The Province and the SPL (individually) are owners of land in the City of
Pickering in the Regional Municipality of Durham in the Province of Ontario
that is located in an area known as the"Seaton Community"or"Seaton", as
depicted on Schedule"A"(the"Lands").
B. The Seaton Community is a development area subject to the Central
Pickering Development Plan, which was prepared and approved by the
Minister of Municipal Affairs and Housing pursuant to the Ontario Planning
and Development Act, 1994, S.O. 1994, c. 23, and came into effect by
Provincial Order-in-Council dated May 3,2006,and amended•on June 6,2012
(the"CPDP").
C. The Province and the SPL are collectively referred to as the"SLG".
D. The City and the SLG have entered into this Agreement for the purpose of
confirming arrangements pertaining to the financing and construction of City
infrastructure and other related matters affecting the development of the
Seaton Community.
ATTACHMENT# / TO REPORT#cAo
.of. a S Of3
E. The City was authorized by Council to execute this Agreement on October 28,
2013.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged,the PARTIES HEREBY COVENANT AND AGREE as follows:
• ARTICLE 1
INTERPRETATION
Definitions
1.1 In this Agreement and the attached Schedules, the following words and
expressions have the following meanings:
(a) "10%Contribution"has the meaning described,in Section 5.1.
(b) "Building Permit" means a building permit issued pursuant to the
Building Code Act, 1992, S.O. 1992, c(23,'as amended, revised or
consolidated from time to time and the;regulations thereto, and any
successor legislation. ,,:
(c) "Business Day"means a day other than Saturday,Sunday or statutory
holiday in the Province of Onta o. ��":,
(d) "City" means The Corporation of the City of Pickering or the
geographic area of Pickering,as:the context dictates.
(e) "City-wide DC By jaw's„means a DC By-law that applies to the entire
City,including Seaton,and which comes into effect in 2014.
(f) "CPDP",has the meaning described in'Recital B:
(g) "Council”means Council of the City. '
(h) "DC"means'development charge"as that term is used in the DC Act.
(i) "DC Act"means the Developm t Charges Act,1997,S.O. 1997,c. 27,
as amended,revised or consolidated from time to time and the
regulations thereto,and any successor legislation.
(1) B -law"::means a by-law to impose DCs passed pursuant to the
DC Act and enacted by Council.
(k) "MES.PA" 2-Means the Master Environmental Servicing Plan
Amendment dated July 2013 as required by Policy 1 of Section 4.6
Servicing of the CPDP and as filed with the City in July 2013.
(I) "NFSSRs" means the Neighbourhood Functional Servicing and
Stormwater Reports as required by Section 11.73 of Amendment No.
22 to the City's Official Plan.
(m) "OMB"means the Ontario Municipal Board.
(n) "Region"means the Regional Municipality of Durham.
(o) "Regional Road Enhancements" means the sidewalk, streetlighting
and trail works listed in Schedule "D-3", being works related to
specific Regional roads internal to Seaton, as well as the proposed
extension of Rossland Road/SL22 from Brock Road to the south limit
of Seaton(located external to Seaton).
ATTACHMENT# / TO REF'OKIiF&
5 .of a os— r 3
(p) "SDE"means a single detached equivalent unit.
(q) "Seaton" and "Seaton Community" have the meanings described in
Recital A.
(r) "Seaton Cost Sharing Agreement"means the agreement of the same
name dated July 18, 2007 entered into amongst members of the SLG
for the purpose of co-ordinating responsibilities related to dedication
of land and construction of infrastructure in order to facilitate the
development of the Seaton Community, as amended, restated or
replaced from time to time.
(s) "Seaton External Road Works" means the City roads external to
Seaton and associated road works listed in Schedule"D-2".
(t) "Seaton Internal Road Works" means the City roads internal to
Seaton and associated road works listed in Schedule"0-1".
(u) "Seaton Natural Heritage System";;means the Natural Heritage
System located within Seaton and :described in City Official Plan
Amendment No 22. .
(v) "Seaton Phase 1" means the first phase of development of the
Seaton Community,as depicted on Schedule"B".
•
(w) "Seaton Share".,refers to the proportion of the total amount of any
s•
cost related to the,Seaton ExternalRoad Works that is payable
pursuant to the'terms of this Agreement by the SLG, in accordance
with the percentages set but inSchedule:.`.`D-2".
(x) "SLG" means the SPL and the Province,and includes their respective
successors including successors in title tothe Lands, and permitted
assigns. t ':'.'
(y) •"Soft Services" means those services that are, as of the date of this
Agreement subject to thie 10% deduction under Section 5(1)8 of the
DC Act:
(z) SPL has:;the meaning described on page 1 of this Agreement and
�,. .•, includes thesuccessors, including successors in title to Lands owned
by the SPLuas of the date of this Agreement (the "SPL Lands"), and
permitted,,,assigns of every corporation, partnership or other legal
person.comprising the SPL.
•
(aa) "SSIS" means the Seaton Staged Se_rvicing and Implementation
Strategy dated December 2011,revised May 2013.
Schedules
1.2 The schedules referred to in this Agreement,as same may be amended from
time to time by further agreement of the parties in accordance with the
principles contained in this Agreement,shall be deemed to form part hereof.
The schedules to this Agreement are as follows: -
Schedule"A" Plan Depicting Ownerships in Seaton
Schedule"B" Plan Depicting Seaton Phase 1
Schedule"C" Single Detached Equivalent Unit Factors
Schedule"D-1" Seaton Internal Road Works
Schedule"D-2" Seaton External Road Works
Schedule"D-3" Regional Road Enhancements
ATTACHMENT# / TO REPORT#
Schedule"E" Notice Particulars
ARTICLE 2
CONDITIONS PRECEDENT
2.1 Subject to Section 2.3, the covenants of the SLG as set out in Article 4 and
Article 5 are subject to the following conditions precedent first being
achieved by the following dates indicated: _
(a) On or before October 31, 2013,the City will provide evidence to the
OMB supporting the final approval of the draft plans of subdivision,
draft plan conditions, and zoning by-law for the Seaton lands,
together with a request that the OMB issue an order granting final
approval of such plans of subdivision, draft plan conditions and
zoning by-law by October 31, 2013 or as soon as reasonably
practicable thereafter; "�.
(b) On or before June 30,2014,the Council of the City shall have enacted
the City-wide DC By-law; . "fig,
Via=
(c) On or before June 30, 2014,the Province has obtained all required
approvals with regards rto ftFe terms of this Agreement, including
transfers and conveyances referred to in Sections 8. and 8.5;
(d) On or before June 30,2014 the SPL and/the Province have executed a
binding agreement or agreements"which are in force providing for the
sharing of costs to be incurred pursuant to this Agreement and
(e) On or•,before June 30,, 2014'any and all front ending agreements
required to be enterednto between the,.Region and the SLG for the
development of Seaton Phase 1;to the satisfaction of the Region and
the SLG,have'been fully executed.
2.2 "The part es agree to work diligently=arid in good faith and to do all things
reasonably'necessa`y,to satisfy.the conditions precedent set out in Section
2.1 on or before the dates provided for therein.
"y
2.3 1n`the event that any of`the conditions precedent described in Section 2.1
has,not been achieved on or before the dates provided for therein, then the
SLG shall have the sole discretion to extend the time for the fulfillment of any
such condition by providing written notice to the City from the SLG Trustee.
2.4 If any of the`'conditions precedent described in Section 2.1 have not been
achieved on or before the date provided for therein and the SLG has not,
prior to such date, provided the City with notice of an extension as described
in Section 2.3, then, as of such applicable date, this Agreement shall
immediately terminate and be at an end, and each party shall be wholly
released and forever discharged from all covenants and requirements
provided for herein.
2.5 The SLG shall not be entitled to waive conditions 2.1(c), (d) and (e) without
the City's consent.
2.6 The zoning by-law referred to at Section 2.1(a) shall not contain any holding
provisions in relation to the financial issues.
ATTACHMENT# / TO REPORT#iA
.of. S 66—'13
ARTICLE 3
SEATON PHASE 1
3.1 The City agrees that Seaton Phase 1 will be comprised of the area depicted
on Schedule"B"and will be subject to a maximum total residential unit count
of 9,800 SDEs as well as the lands designated Prestige Employment pursuant
to the CPDP as depicted on Draft Plan of Subdivision SP-2011-03. The parties
agree that the Single Detached Equivalent Unit Factors set out in Schedule
"C"shall be used to calculate the number of SDES within any development in
Seaton.
3.2 Where payments are made on an SDE basis pursuant to this Agreement,the
amount payable for each dwelling unit will be calculated based on unit type
in accordance with the SDE unit factors set out in Schedule"C".
3.3 The City acknowledges that it is satisfied/with,and accepts the SSIS in
principle as submitted by the SLG,dated December 2011,revised May 2013.
ARTICLE 4
ROADS AND ENHANCEMENTS sws°
FUNDING AND CONSTRUCTION
SLG funding and construction of Seaton Internal Road Works
and Regional Road Enhancements
4.1 The SLG will design and construct, at the SLG's sole expense and to the
satisfaction of the City,'the Seaton.vInternal.,Road Works as set out in
Schedule D 1': The SLG Will also 'design,,and construct at the SLG's sole .
p
ens %
ex e:and to the satisfaction-of the Ci Regional Re ional Road Enhancements
;
as set 'out in Schedule "D-3". Such works will generally be constructed as
adjacent`development' proceeds, with detailed requirements respecting
design and'`construction; including timing, set out in future servicing or
subdivision agreementsbetween,the SLG and the City.
SLG funding for Seaton External Road Works
4.2 The SLG will provide funding-to the City for the Seaton Share of the Seaton
External Road Works,as the-Works are designed and constructed by the City,
in accordance with'invoices or progress certificates approved by the City
Directory of,.Engineering and Public Works, provided that the maximum
contribution required to be made by the SLG, in the aggregate, for the
Seaton External Road Works shall be capped at the amount equal to the
estimated cost of$3,640,000.00 attributed to the subject projects as set out
in Schedule"D-2",subject to adjustment of the unpaid balance compounded
on an annual basis in accordance with the lesser of: (i)the construction price
index applied by the City to its City-wide DC for roads from time to time,and
(ii) an annual index rate of 10%, from the date of this Agreement until the
date of payment. The parties agree that the Province's share of the Seaton
Share of such costs shall not exceed $1,723,540 subject to the indexing
described above. For greater certainty, the SLG will not be responsible for
the component of the capital costs of the Seaton External Road Works
attributable to"Benefit to Existing/Post Period Benefit"as shown in Schedule
"D-2".
4.3 The City will be responsible for the capital costs of the Seaton External Road
Works attributable to exemptions from the payment of DCs in respect of
schools and City and Regional facilities. Prior to the issuance of a Building
AIIAC.IiMtINIff_, - 1 titrUMtfie
(a . :of. OS—f3
Permit for any school or any City or Regional facility that would be exempt
from the payment of DCs pursuant to the DC Act, the City shall pay to the
SLG Trustee (for distribution to the SLG) an amount equal to the share of
such costs att ributable to such school, o r City or Regional facility, calculated
in a manner consistent with the manner in which the attribution of costs
would be determined in the background study for the calculation of DCs.
Exemption of Seaton from Roads DC
4.4 No DCs relating to new roads or improvements to existing roads, will be
imposed by the City:
(a) against any non-residential uses in Seaton until development of
18,050,000 square feet GFA of non-residential development in
Seaton;or
•
(b) against any residential uses until residential development of 18,887
SDEs in Seaton.
For greater certainty,any DC By-law enacted by the City shall exempt Seaton
from the payment of any DC relating to new roads or improvements to
existing roads (including related.infrastructure such-as sidewalks, trails,
streetscaping, streetlighting, signalization and management of stormwater
within roads), provided that a DC relating to capital costs of transportation
facilities,operations,vehicles and equipment may;apply to Seaton.
4.5 In the event that for any.;reason, the City imposes a DC By-law in
contravention of Section then the City,shall, upon any receipt of
payment of any DC paid pursuant to such DC By=law,forthwith reimburse the
full amount paid to such owner of lands m-Seaton
ARTICLE 5
OTHER SPL CONTRIBUTIONS
p,
10%Statutory Deduction
5.1 } The SPL�niill provide funding to the City in respect of the development of the
'SPL Lands in an amount equivalent to the amount by which the City's DC is
reduced as a result of the 10% reduction in the capital costs funded by the
DC that is attributable to the development of the SPL Lands pursuant to.
paragraph 5(1)8 of the DC Act, calculated and paid in accordance with
Sections'5.2.to 5.5 below(the"10%Contribution").
5.2 The 10% Contribution will be determined based on 11.11% of the DCs
payable on Soft Services by SPL under the City-wide DC By-law.
5.3 The 10%Contribution will be determined prior to the registration of the first
plan of subdivision on the SPL Lands based on the calculations in the
background study for the first DC By-law review undertaken by the City
following the date of this Agreement. The 10%Contribution will be indexed
from time to time in accordance with the construction price index prescribed
by the DC Act,but shall not be subject to any other increase or adjustment.
5.4 The 10%Contribution will be calculated and payable on the following basis:
(a) calculated on an SDE basis and payable at the time of plan of
subdivision registration for residential development on the SPL Lands,
except for residential development on mixed-use or multi-residential
development blocks subject to site plan approval under section 41 of
the Planning Act;
ATTACHMENT# / TO REPORT#C,tp
.of. (9- DS-l3
(b) calculated on an SDE basis and payable at the time of building permit
issuance for all residential development on the SPL Lands within a
mixed-use or multi-residential development block subject to site plan
approval under section 41 of the Planning Act;
(c) calculated on a gross floor area basis and payable at the time of
Building Permit issuance for all non-residential development on the
SPL Lands;and
(d) it shall continue to be indexed and paid following expiry or repeal of
the City-wide DC By-law until full build-out of all of the non-
residential development on the SPL Lands and development of the
first 11,280 SDEs constructed on the SPL Lands.
5.5 The Province will not provide any contribution to the City on account of the
10%Contribution.
5.6 In the event of any substantial amendment to the.uC Act subsequent to the
execution of this Agreement, the SPL ands.the City agree that they shall
renegotiate the applicable terms of this.Agreement in good faith to the
extent necessary to ensure that the amount of financial support provided by
the SPL as at the date of execution of this Agreement:will neither increase
nor decrease by virtue of such amendment to the DC Act:;z N.
Municipal Administration Buildings
5.7 The SPL will provide funding to the City for construction and/or upgrades to
municipal administration buildings. Such funding will be calculated and
provided on an SDE basis for the first.11,280 SDEs constructed on the SPL
Lands in the fixed amount of$189 00fper SDE. This payment shall be made
for each:residental'unit on the SPL Lands pnorto the issuance of a Building
Permit for j
>the subject unit. Such contributions shall not be subject to any
adjustment,including for indexing,interest or inflation.
4;a:;-.9
Additional Commun ty Use Payment
5.8 The SPL will provide funding to the''City for additional community uses in
Seaton. Such funding will be calculated and provided on an SDE basis for the
'first 11,280 SDEs constructed on the SPL Lands in the fixed amount of 300.00
per.SDE (to a maximum aggregate amount of$3,300,000.00). This payment
shall be made for each residential unit on the SPL Lands prior to the issuance
of a Building Permit for the subject unit. Such contributions shall not be
subject to any adjustment,including for indexing,interest or inflation.
DC Exemption for Public and Separate Schools
5.9 The SPL will provide funding to the City in respect of the development of the
SPL Lands in an amount equivalent to the amount by which the City's DC
revenues for Soft Services and Fire are reduced as a result of the exemption
for public and separate schools. Such funding will be calculated based on the
DC rate applicable at the time of payment. This payment shall be made upon
the issuance of a Building Permit for each school on the SPL Lands.
ARTICLE 6
CITY-WIDE DEVELOPMENT CHARGES
6.1 The City shall, on or before June 30, 2014, enact a City-wide DC By-law that
includes Seaton in the City-wide DC for all services except for new roads or
improvements to existing roads as described in Section 4.4.
. ICJ fiErL)hF# Ci 0
D .of. �
6.2 The DCs payable by Seaton in respect of storm drainage and management
works shall be at a rate not to exceed:
(a) $400.00 per SDE for residential units;
(b) $6,000.00 per hectare for non-residential development on lands
designated as Prestige Employment Land on the Land Use Plan in the
CPDP;and
(c) $0.17 per square foot for non-residential development on lands not
designated as Prestige Employment Land on the Land Use Plan in the
CPDP,
subject to adjustment of such amounts on an annual basis in accordance with
the construction price index applied by the City to its City-wide storm
drainage and management works DC from time to time from the date of this
Agreement until the date such DC is paid.
6.3 Provided that the City-wide DC By-law, or;any successor DC By-law, reflects
the terms of Section 6.2,the SPL agree not to°object to appeal or challenge
the City-wide DC By-law,or any successor DC By-law,as they relate to the DC
for storm drainage and management
6.4 The City will include in the calculation of the DC for development-related
capital studies in the City-wide DC Bylaw the capital costs to.be incurred by
the City for: >Z7 fe,
(a) the Whitevale\Traffic`Management ;Study to a maximum of
$75,000.00;and \
• (b) the Seaton'Fiscal Impact:Peer,Review Update Study to a maximum of
%$125,000.00.I ` oy .
6.5 The Provinc agrees that.it will not object to any City DCs being calculated
..rand applied onra'land°area basis, as opposed to a total floor area basis, for
<non residential development on the,lands designated Prestige Employment
Land on the Land Use.Plan in the CPDP.
' '\'ARTICLE 7
COST SHARING CONDITIONS
7.1 The City"agrees that it will be a condition of approval of all plans of
subdivision,consent and plans of condominium that no registration of a plan
of subdivision'conveyance or condominium in Seaton shall be permitted
unless the SLG Trustee confirms in writing to the City that the subject
landowner is in good standing pursuant to this Agreement and the Seaton
Cost Sharing Agreement.
ARTICLE 8
OTHER MATTERS
8.1 Forthwith upon the OMB issuing an order granting final draft plan approval
of its plan of subdivision, draft plan conditions and the zoning by-law
respecting the Seaton lands, any individual member in the SPL that has filed
an appeal to the OMB in respect of fees for the processing of planning
applications that were paid to the City prior to the date of this Agreement or
fees related to the review of the MESPA that were paid to the City prior to
the date of this Agreement will withdraw such appeal.
ATTACHMENT#J_TO REPORT#CAT)
of
8.2 The City agrees that the SLG shall not be required to update th7Fiscal Impact 05
Study for Seaton.
8.3 The City will transfer for nominal consideration as the SLG may direct, any
road allowance in Seaton that is currently owned by the City that is to be
used for the Seaton road network or proposed to be used by SLG for
development purposes,whether such road allowance is inside or outside the
Seaton Natural Heritage System, provided however that if such land lies
within developable land owned by the Province such land will be transferred
to the Province.
8.4 Subject to all required approvals, the Province will agree to convey lands or
transfer an easement to the City as required for stormwater management
works in the Seaton Natural Heritage System.The precise size and location of
such stormwater management works will be determined by the agreement
of the Province and the City,acting reasonably. The City agrees that it will
accept an irrevocable easement in perpetuity to allow the maintenance of
any stormwater management works located in the Seaton Natural Heritage
System on terms satisfactory to the City Solicitor, and will not require a
conveyance of the lands containing such works. The decision as to whether
such lands will be conveyed or an easement will granted will be determined
by the Province, and in either case will be subject to all required approvals
being granted.
8.5 Subject to all required approvals, the Province.will agree to transfer to the
City,for nominal consideration, land for a District Park, located as shown on
the Neighbourhood 21 Land',Use Schedule (being Schedule XII to the City's
Official Plan) and being generally located north of Hamlet of Green River and
west of Sideline 32, having an area of,not less than 100 acres but not more
than 120 acres,free and clear of all liens and encumbrances not acceptable
to the 'City. The precise size and:location of the District Park will be
determined by the agreement of the Province and the City acting reasonably.
The City agrees that it will pay its,proportionate share of the front-ending
'costs of Regional infrastructure (for water and wastewater) attributable to
the District Park lands, provided however that the service level with respect
to the District Park is to be determined by the City, in its sole discretion. For
the purpose of,clanfication, the City shall not be obligated to pay any costs
referred to in this section "unless it connects the District Park lands to a
service or services to which those costs relate.
8.6 The parties acknowledge and agree that the lands identified as Park and
Village Green blocks on the draft plans of subdivision that were submitted to
the OMB at the hearing on Monday,September 9, 2013,the lands identified
as Community Park, Neighbourhood Park and Village Green on the
Neighbourhood Plans for lands in Seaton in respect of which applications for
draft plan approval have not be submitted (provided that such parks shall
reflect the sizes shown on the Neighbourhood Plans) will collectively provide
for sufficient land to fulfill all of the requirements for the conveyance of land
for parks or public recreational purposes pursuant to sections 42 and/or 51.1
of the Planning Act for the development of all lands in Seaton for non-
residential purposes and for residential purposes up to 18,887 SDEs.
Notwithstanding the foregoing,where the Planning Act permits the taking of
further parkland, or cash in lieu thereof, as a result of change of uses or
further intensification, said provisions of the Planning Act shall apply in
respect to residential development beyond the construction of 18,887 SDEs. •
ATTACHMENT# / TO REPORT# CA-0
/0 .of.(9-S'— 05--l3
8.7 The parties agree that if the Province sells any of its lands within Seaton then
its successor in title is to be treated as an SPL, except as otherwise provided
for herein, and further that all of the funding obligations of the Province set
forth herein will be adjusted accordingly such that all funding obligations
associated with land in Seaton sold by the Province shall be assumed by the
purchaser of such land, provided however that the Province's obligation at
Section 8.5 will not pass to any successor in title. The SPL's obligations at
Sections 5.1, 5.7, 5.8 and 5.9 will not pass to any successor in title if the
Province sells any of its lands in Seaton.
• ARTICLE 9
GENERAL PROVISIONS
9.1 This Agreement, the schedules referred to herein constitute the entire
agreement between the parties hereto as relates to the matters referred to
herein, and supersedes all prior agreements, representations, reports,
recommendations, statements, promises, information, arrangements and
understandings, whether oral or written, ex ress or implied, with respect to
the subject matter of this Agreement. None;of-the parties hereto shall be
bound by or charged with any oral or written agreements, representations,
reports, recommendations, warranties,:statements;1promises, information,
•
arrangements or understandings; as relates to the„Matters referred to
herein, not specifically set forth.;in this Agreement or.in,.the schedules,
documents and instruments to be'-delivered on or beforetheexecution of
this Agreement. There is no collateral„agreement, condition or term
applicable thereto,other than as expressed or,referred to herein in writing.
9.2 The parties hereto may only,amend.this Agreement by further agreement in
writing executed by all parties hereto
9.3 Any notices to be given under the terms of thisAgreement shall be in writing
and shall be given to the applicable'party by personal service or by mailing by
first classmail,withrpostage fully prepaid or by facsimile at the number
.i
herein.,set forth`';in"Schedule•.."E" provded that where mailed, it shall be
. deemed to be'received on the'fifth`_Business Day following the date of
mailing. `4
,p a w,N ✓,
9.4 Time shall be of the essence'e of this Agreement and every part thereof.
9.5 Nothing herein contained shall be deemed or construed so as to make any of
the parties hereto partners,joint venturers or agents with or of one another.
9.6 This Agreement>may be executed in counterparts; that is, it shall not be
necessary for all of the parties to have signed the same copy hereof. Signed
copies of any Agreement executed in counterpart shall be forwarded to the
City who shall hold them in escrow, subject to recall, until the City has
received copies signed by all parties hereto. Upon receipt by the City of all
executed counterparts, a binding Agreement shall be constituted among all
the parties hereto and the City shall advise all parties accordingly.
9.7 All references to currency in this agreement shall be references to Canadian
dollars. •
9.8 Words importing gender include all genders.
9.9 The captions and headings contained herein are for reference only and in no
way affect this Agreement or its interpretation.
ATTACHMENT# / TO REPORT# CA-0
9.10 In the event that any date specified or any date contemplated"M this 0 5'8
Agreement shall fall upon a day other than a Business Day, then such date
shall be deemed to be the next following Business Day.
9.11 This Agreement shall be construed and enforced in accordance with the laws
of the Province of Ontario and the laws of Canada applicable thereto and
shall be treated in all respects as an Ontario contract.
9.12 The Agreement shall enure to the benefit of and shall be binding upon the
parties and their respective heirs,successors and permitted assigns.
9.13 Any successor in title to any party included within the SLG shall be bound by
the terms of this Agreement as if it were an original signatory to this
Agreement. Each party comprising the SLG acknowledges that the provisions
of this Agreement run with title to their respective lands within Seaton, and
each party, including the Province, covenants not to sell, transfer or
otherwise alienate any of its lands within Seaton,unless the transferee agrees
to be bound by the terms of this Agreement,.providing, however, that this
provision shall not apply to the purchasers of-individual lots which are sold
with dwellings erected thereon. Any,agreement of purchase and sale
entered into by any party included within the SLG shall require that as a
condition to the completion of the'transaction, the purchaser shall execute
4.
an agreement that it shall be bound by the provisions of this Agreement.
9.14 This Agreement shall be registered against title to all lands in Seaton owned
by the SLG forthwith upon;its execution by pasties.
9.15 The SLG shall execute.such' further assurances as may be reasonably
necessary to give effect to this Agreement.
[REMAINDER OF THIS PAGE LEFT BLANK,INTENTIONALLY]
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ATTACHMENT# /{{ TO REPORT# 0/4-0 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corpo t OS^`�
seals under the hands of their duly authorized officers in that behalf, and the other
parties have hereunto set their hands and seals as of the day, month and year first
above written.
THE CORPORATION OF THE CITY OF PICKERING
Mayor
•
Clerk
We have authority to bind the City.
HER MAJESTY THE QUEEN in right of Ontario
as represented;bythe Minister of Infrastructure as
represented by Ontaro Infrastructure and Lands'
Corporation
Na me: N"
Title
Pena`;2.
xsx4§� °a; Name: :.
3 ., 1
��
I/We havefauthority to bind the Corporation.
:"1133373 ONTARIO INCORPORATED
Name:
Title:
N.
Per:
° Name:
�. Title:
I/We have authority to bind the Corporation.
LEBOVIC ENTERPRISES LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
•
•
ATTACHMENT# / TO REPORT#CA-0
.of. c:?-S OS'(3
AFFILIATED REALTY CORPORATION LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
CHESTERMERE INVESTMENTS LIMITED
Per:
Name: /
Title:/'"
Per: . :
•
Name:
Title: ;
I/We have authority to bind the Corporation.
" `HIINLEY HOMES LIMITED
Per
,�
�� �
Per N
F,ky
_ Name:
I/We have authority to bind the Corporation.
A 1350557 ONTARIO LIMITED
Per
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
ZAVALA DEVELOPMENTS INC.
Per:
Name:
ATTACHMENT# J TO REPORT# CAD
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
ZAVALA DEVELOPMENTS INC. in Trust
Per:
Name:
Title:
Per:
Name:
Title: s;
I/We have authority to°bind the Corporation.
MATTAMY(SEATON)LIMITED':' ,
Per:
Name:
Title
. , Per: `
ti ,Name:,
Title.
I/We have authority to bind the Corporation
ON WHITE SUN DEVELOPMENTS LIMITED
. Per:
..'w Name:
lk y Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
ATTACHMENT# � TO REPORT# C
Schedule"A" /S .of. 05—/3
Plan Depicting Ownerships in Seaton
Schedule"B"
Plan Depicting Seaton Phase 1
Schedule"C"
Single Detached Equivalent Unit Factors
Schedule"D-1"
Seaton Internal Road Works
Schedule"D-2"
Seaton External Road Works
Schedule"D-3"
Regional Road Enhancements ;,
Schedule"E' ;
Notice Particulars ".
•
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SCHEDULE 'A'
li SEATON LANDOWNERS'GROUP LAND OWNERSHIP
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� - _— 4 ')m- - 1`y',µ s. •AnlL1EIDER TA COFPORATID
I 40R-124825 I I -r0-5 2 17.( _�I®..s.s.'i L -M. LI I 57 •-• '''"1' , r •FRAIEST[E IIONIENLIMITE INVESTMENTS LIMITED
•! i i.' A11' �I 1-« T \ •1910551 ONTARIO LIMITED
i •r
� ®`1 4OR-2 )'> � ! �® t coRPORn°non°PMENT
I { M ,a i. , \ I INTRUST
)�- REM i` 1 'DA T. �, ''1 i T it 1133373 ONTARIO INC.
�1` �` ®�:I _ �: `j LEBOVIC ENTREPRISES•\I 'i • ' - ® r
I I ' au� \ T ,,,,,,;%,...--r 1 I _ - `1 _ )a IIMI�7EDMV(SEATON)
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DLVELOPMENTS LTD's..
u�e1T111 e
d• -'r '414,15..-up-,,r-v-.,, - . - a - C¢ d g '� NnNdTr tlXb - "' —'- INFRASTRUCTURE
I k'1'.�- - ,, �`....! NON-PARTICPANTS
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•Ii / —M SEATON SURVEY
wly/ / = CONSOLIDATION
SCHEDULE 'B'
PLAN DEPICTING SEATON PHASE 1
I .
i1 11
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t Bt 1--��i_r( 1`': j .// I %`I� i P'., ; `s.y/ f �'{� -•i
■ 11 ^ E ✓ �p • PHASE 1 LIVING AREAS
�1—�,- �rr� ,//� IJ SUBSEQUENT PHASE(S)LIVING AREAS
$ 1 �� tt }_._ ` j PHASE 1 EMPLOYMENT AREAS
'{ t
sir ■..r i� �t.tt/'
`: �1 ) la r •; �'���1 SUBSEQUENT PHASE(S)
:, t, I •�� / ` , 1 EMPLOYMENT AREAS
�'• _-�j 'LII ,� r ; NATURAL HERITAGE SYSTEM
'.� hlte `` ,>�� \I�,r i
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/ WHITEVALERO _. I' Al
t, i �� I ji�l�.�_ •N RC I
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ATTACHMENT# / TO REPORT#CAD OS-q
/8.of. �- 3
SCHEDULE"C"
SINGLE DETACHED EQUIVALENT UNIT FACTORS
Unit Type SDE Factor
Low Density 1.0
Medium Density 0.793
High Density 0.457
•
•
•
ATTACHMENT#=TO REPORT# ('
/7 .of. 0 6--/3
SCHEDULE "D-1"-SEATON INTERNAL ROAD WORKS
Timing Gross Capital Cost
Prj.No. PROJECT (year) Estimate($)
16 Sideline 24 Oversizing 2018 2,240,000
17 Sideline 24 Within NHS 2018 2,300,000
18 New Structures for Sideline 24 2018 3,100,000
19 Oversizing E-W Collector- SL 22 and 26 north of Taunton 2024 . 770,000
20 E-W Collector SL 22 and 26 north of Taunton with NHS 2024 460,000
• 21 Structures on E-W Collector north of Taunton 2024 800,000
New-3 Mulberry Lane Collector-(i.e. Road XI)-930 m 2016 651,000
New-4 Oversizing Fifth Concession Road, Brock Road to SL 16 2015 •580,000
22 Oversizing Collector-SL 26 to Whitevale Bypass 2017 1,015,000
23 Collector-SL 26 to White Bypass within NHS 2017 805,000
24 New Structure for Collector-SL 26 to Whitevale Bypass 2017 1,000,000
25 Oversizing E-W Collector-North Rd to Whitevale 2022 2,695,000
26 E-W Collector within NHS 2022 1,265,000
27 New Structures for above 2022 8,500,000
28 Oversizing Collector above road to Whitevale Bypass 2015 630,000
29 Oversizing new road on existing Brock north of 3rd 2015 840,000
Internal Seaton Roads Sub-total 27,651,000
6257691
SCHEDULE "D-2"-SEATON EXTERNAL ROAD WORKS
DC Recoverable
Benefit to
Gross Existing Non-
Prj. Timing Capital Cost /Po'st Period Residential Residential
No. Project (year) Estimate($) Capacity($) Total($) Share($) Share($)
72% 28%
External Roads
1 Sideline 16(North&South) 2018 3,200,000 160,000 5% 3,040,000 2,188,800 851,200
2 Valley Farm Rd Intersection 2016 800,000 200,000 25%. 600,000 432,000 168,000
Improvements - 2 intersections
including signalization
External Roads Sub-total 4,000,000 360,000 3,640,000 2,620,800 1,019,200
rn
Z
S)) m
O
6257691
(1).
ATTACHMENT# / TO REPORT#04kt) •
cp../ .of. -
SCHEDULE "D-3"- REGIONAL ROAD ENHANCEMENTS
Prj. Timing Gross Capital Cost
• No. Project (year) ' Estimate($)
Regional Road Enhancements
9 Sidewalks and Streetlighting on Taunton 2018 1,748,000
10 a) Sidewalks and Streetlighting on Brock-from 5th Conc.to 407
2013 608,000
10 b) Sidewalks and Streetlighting on Brock-from Taunton to 5th Conc.
2017 760,000
11 Sidewalks and Streetlighting on SL22 2018 2,584,000
12 Sidewalks and Streetlighting on SL26 2015 1,368,000
13 Sidewalks and Streetlighting on Whitevale Bypass 2018 2,204,000
14 Sidewalks and Streetlighting on S Side of Hwy 7 2020 1,159,000
15- Trails on Regional Roads 2018 2,897,500
Regional Roads Enhancements Sub-total
13,328,500
•
•
6257691
•
ATTACHMENT# 1 TO REPORT#040
a
.of. 05—/3
SCHEDULE"E"
NOTICE PARTICULARS
TO THE CITY AS FOLLOWS:
City of Pickering
One The Esplanade
Pickering ON L1V 6K7
Facsimile: (905)420-3534
Attention: City Solicitor
Attention: City Clerk
TO THE SLG AS FOLLOWS:
North Pickering Community Management Inc.
30 Madras Place
Brampton, ON L6S 2Z2
Facsimile: (905)458-9480
Attention: Mr.Andrew Orr
Davies Howe Partners LLP
99 Spadina Avenue, 5th Floor
Toronto ON M5V 3P8
Attention: Mr. Daniel Steinberg and Mr.John Alati
1133373 Ontario Incorporated
c/o Lebovic Enterprises Limited
12045 McCowan Road, Box 1250
Stouffville ON L4A 8A2
Facsimile: (905)640-7369
Attention: Mr. Lloyd Cherniak
Lebovic Enterprises Limited
12045 McCowan Road, Box 1250
Stouffville ON L4A 8A2
Facsimile: (905)640-7369
Attention: Mr. Lloyd Cherniak
•
ATTACHMENT# ' TO REPORT# 0
e93 .of. 3
with a copy to:
WeirFoulds LLP
4100-66 Wellington Street West
PO Box 35,Toronto-Dominion Centre
Toronto ON M5K 1B7
Facsimile: (416)365-1876
Attention: Mr. Michael McQuaid
Affiliated Realty Corporation Limited
c/o Masters and Masters
65 Queen Street West,Suite 440
Toronto,ON M5H 2M5
Facsimile: (416) 361-6181
Attention: Mr. Robert Masters and Mr. Russell Masters
Chestermere Investments Limited
c/o Robins,Appleby&Taub LLP
Barristers and Solicitors
120 Adelaide Street West,Suite 2600
Toronto,Ontario.M5H 1T1
Facsimile: (416)868-0306
Attention: Mr. Ronald Appleby
Hunley Homes Limited
c/o Metrus Developments Inc.
1700 Langstaff Road,Suite 2003
Concord ON L4K 3S3
Facsimile: (905) 669-2134
Attention: Mr. Bruce Fischer
1350557 Ontario Limited
c/o Brookfield Homes
7303 Warden Avenue,Suite 100
Markham ON L3R 5Y6
Facsimile: (905)477-9001
Attention: Mr. Peter Nesbitt
ATTACHMENT# TO REPORT# CA-0
c5L. .of. 05-13
Zavala Developments Inc.
c/o Metrus Developments Inc.
1700 Langstaff Road,Suite 2003
Concord ON L4K 3S3
Facsimile: (905)669-2134
Attention: Mr. Bruce Fischer
Mattamy(Seaton)Limited
c/o The Mattamy Development Company
206-140 Renfrew Drive
Markham ON M1X 1A1
Facsimile: (905)829-7844
Attention: Gary Gregoris
White Sun Developments Limited
4576 Yonge St.
Suite 500
Toronto,ON M2N 6N4
Attention: Mr. Robert Yanowski
with a copy to:
Harris,Sheaffer LLP
Suite 610,4100 Yonge St.
Toronto, ON M2P 2B5
Attention: Mr. Robert Sheaffer
Ontario Infrastructure and Lands Corporation
1 Dundas Street West,Suite 2000
Toronto,ON M5G 2L5
Facsimile: (416) 327-3942
Attention: Mr.Graham Martin, General Manager,Acquisition/Easements •
ATTACHMENT# / TO REPORT# C�O
.of.
with a copy to:
Chappell Partners LLP
20 Queen Street West,Suite 3310
Toronto ON M5H 3R3
Facsimile: (416) 351-0002
Attention: Mr. David Flynn
•
II