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HomeMy WebLinkAboutLEG 04-14 City 00 =r Report to _, - Executive Committee PI KERING Report Number: LEG 04-15 Date: February 9, 2015 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Seaton — District Park Agreement and Financial Impacts Agreement - File: F-3200-010-12 and L-3200-002-14 Recommendation: 1. That Report LEG 04-15 respecting the District Park Agreement and the Financial Impacts Agreement for the Seaton Development Area be received; 2. That the District Park 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 Director, Corporate Services & City Solicitor and the Director, City Development; • 3. That the Financial Impacts Agreement, substantially in the form included in this Report as Attachment 2, be entered into by the City subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 4. That the said Agreements be executed by the Mayor and City Clerk; and 5. 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 private 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 private landowners to the City. . • On October 28, 2013, City Council approved the FIA, however, the FIA has not yet been signed by any of the parties. Since the FIA was approved by Council, City staff have undertaken additional negotiations with the Province for the purpose of securing the Province's commitment to transfer lands within Seaton to the City for use as a District Park. The District Park Agreement (Attachment 1 to this Report) is the result of these negotiations. The FIA has been amended to incorporate references to the District Park Agreement, as well as additional changes sought by the Province. The amended FIA is 44 LEG 04-15 February 9, 2015 Subject: Seaton FIA and District Park MOA Page 2 Attachment 2 to this Report. Report CAO 05-13 (including the FIA, as originally approved by Council) is Attachment 3 to this Report. The establishment of a district park will provide active and passive park space for the use and enjoyment of the City's residents. This is consistent with the objectives of the Central Pickering Development Plan which calls for "a broad range of social, institutional, open space and recreational facilities"within Seaton. The District Park Agreement makes it possible for the City to provide a district park facility within the Seaton development area. Staff therefore recommend,that the District Park Agreement and the amended FIA be executed by the City. • Financial Implications: The district park lands which the Province is committing to transfer to the City consists of approximately 90 acres of land within the Seaton development area plus an additional approximately 10 acres of land over which the City will be granted a permanent easement. If the City was forced to purchase lands for the district park at fair market value,the cost would be prohibitively high. Given the various and significant cost pressures'under which the City operates on an ongoing basis, it is likely that the Seaton district park would not proceed at all without the cooperation of the Province in finalizing the District Park Agreement. Discussion: District Park Agreement • Schedule "A" to the District Park Agreement (last page of Attachment 1) is a map showing the location of the district park site. The park is located on the west side of Sideline 32 just north of Highway 7 within the Seaton development area. The park site has an area of approximately 90 acres and is shown in green on the map. The site is suitable for various sports fields (for example, soccer, baseball, cricket, rugby) and related parking and spectator areas and facilities. In addition to the district Park site, an additional area of approximately 10 acres is outlined in red on the map. It is the intent of the Province and the City to add the additional 10 acre area to the district park. That being said, the additional area is part of Seaton's Natural Heritage System, and cannot be transferred outright to the City. The Province is able to give the City a permanent easement over the additional 10 acre area, subject to additional approvals. The easement would give the City exclusive possession of the 10 acre area and would accommodate additional passive park uses. It is anticipated that the Province will obtain the necessary approvals to transfer the easement to the City. At this point in time, the Toronto and Region Conservation Authority has already informally approved of the easement. If for any reason the necessary approvals are not forthcoming, then the City will not be able to add the additional 10 acre area to the district park. In such event, the District Park Agreement provides that the Province and the City will enter into discussions to provide for the transfer to the City of an additional parcel of land on the south side of Highway 7 immediately to the South of the district park site. CORP0227-07/01 ieviaed 45 LEG 04-15 February 9, 2015 Subject:. Seaton FIA and District Park MOA Page 3 The District Park Agreement and amendments to the FIA provide for the above-noted transfers of lands to the City. The Agreements express the Province's obligation to transfer the district park site in terms of a land exchange. Specifically, the Province's obligation to transfer the district park to the City is described within the Agreements as being in exchange for the conveyance by the City of certain unused road allowances within Seaton. Please note, however, that the Council-approved FIA already provided for the transfer of unused road allowances in the Seaton development area to the Province and the landowners. The District Park Agreement and the FIA do not commit the City to make any land transfers over and above those already contemplated by the draft FIA approved by Council in 2013. Amendments to Financial Impacts Agreement Since the draft FIA was approved by Council on a October 23, 2013, the Province has requested certain amendments. To the extent that the requested amendments were acceptable to City staff, they have been incorporated into the updated draft FIA (Attachment 2 to this Report). Apart from minor housekeeping amendments to the FIA, the key changes are as follows: Section 2.7: This new Section makes the FIA conditional upon the Province meeting its obligations to consult with Aboriginal peoples where required, and to provide accommodation where necessary. Although adding a condition to the FIA is not favourable for the City, the Province is subject to a statutory obligation to consult Aboriginal peoples if and when their interests are affected. The inclusion of the Aboriginal consultation condition is therefore unavoidable. Section 6.5 The amendments to this Section are of a technical nature, and relate to the manner in which development charges are calculated on the Province's prestige employment lands within Seaton. This provision now specifies that development charges are to be calculated on the prestige employment lands on a land area basis as opposed to a total floor area (GFA) basis. This amendment benefits the City by requiring that the entire development charge must be paid for each parcel of land when initial development occurs. This helps ensure complete development charge recovery, regardless of the average building density achieved. The revisions to Section 6.5 will encourage intensification of development, and will discourage land banking. Article 8: Amendments to this Article now specifically provide for the transfer to the City of approximately 90 acres plus a permanent, irrevocable easement to the City over an additional 10 acre area, for district park purposes. The amendments correspond to the provisions of the District Park Agreement described above. The amendments to this Article also provide for the location of stormwater management works within Seaton's Natural Heritage System on the basis of permanent, irrevocable easements in favour of the City, as opposed to outright transfers of title to the City. CORP0227-07/01 revised . 46 LEG 04-15 February 9, 2015 Subject: Seaton FIA and District Park MOA Page• 4 The terms of the District Park Agreement (Attachment 1) and the amended,FIA (Attachment 2) are acceptable to staff. Staff therefore recommend that the City approve the Agreements,and that the Mayor and City Clerk be authorized to sign them. Attachments: 1. District Park Agreement 2. Financial Impacts Agreement • 3. Report CAO 05-13 dated October 23, 2013 Prepar- • Endorsed By: Endorsed By: Paul Bigi• Thomas Mely uk CIP, RPP Director, 4 orpo -te Services & City Solicitor Director, City Dev lopment PB:ks Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. • Chief Administrative Officer • CORP0227-07/01 revised 47 • ATTACHMENT# TO REPORT# 4E6-5 THIS AGREEMENT MADE this day of , 2014 ,of.( 0 - BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO • as represented by the Minister of Economic Development, Employment and Infrastructure as represented by Ontario Infrastructure and Lands Corporation (hereinafter the • "Province") • • - and - • • THE CORPORATION OF THE CITY OF PICKERING • (hereinafter the "City") RECITALS: A. the City and the Province and other landowners have executed an agreement (the "FIA") as of even date with regards to the development of the community known as Seaton as identified in the Central Pickering Development Plan; B. the FIA provides, inter alia, (i) that not less than approximately 90 acres of land and (ii) an easement over a further approximately 10 acres of land will be transferred by the Province to the City for municipal purposes and which will be utilized for a District Park and further that the City will transfer to the Province approximately 74 acres of land that are currently road allowances and will comprise part of the development area of the Seaton community;. • C. the parties wish to enter into this Agreement to outline their understanding with regards to the lands to be transferred, and the timing of such transfers and other matters related thereto. . • NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged,the PARTIES HEREBY COVENANT AND AGREE as follows: Defmitions 1. In this Agreement ("Agreement") and the attached Schedules, the following words and expressions have the following meanings: i. Closing Date: subject to any extensions permitted under this Agreement,the Closing Date in respect of the land exchange contemplated by this Agreement shall be on or before March 31, 2015 or such other date as mutually agreed to by the parties. ii. Easement Land: means approximately.10 acres of land, identified on Schedule "A" hereto, and which will be further identified and defined by Page 1 of 5 48 Reference Plans to be created pursuant to the terms and conditions hereof, which land will be used by the City for the purpose of a District Park. iii. Municipal Land: means not less than approximately 90 acres of land , identified on Schedule "A" hereto, and which will be further identified and defined by Reference Plans to be created pursuant to the terms and conditions hereof,which land will be used-by the City for the purpose of a District Park. iv. Permitted Encumbrances: subject. to further agreement by the parties, Permitted Encumbrances mean those title encumbrances which are irrevocably deemed to be acceptable to the Province and to the City in respect of those lands to be acquired either by the Province or the City pursuant to this exchange of lands. Such Permitted Encumbrances shall be limited to registered agreements with publicly regulated utilities provided same have been complied with, easements, rights-of--way, or licences for the supply of public and/or private utilities or telephone services as well as easements or rights-of-way for drainage, storm or sanitary sewers and public utility or telephone and minor encroachments not materially affecting marketable title of such lands. v. Reference Plan: means a plan deposited under section 150 of the Land Titles Act or section 80 or 81 of the Registry Act and includes any other.plan deposited as a reference plan; vi. Road Allowances: means approximately 74 acres of land identified on Schedule "B" hereto, and which will be further identified and 'defined by Reference Plans to be created pursuant to the terms and conditions hereof. Conditions 2. This Agreement shall only be binding on the parties if the FIA becomes binding on the parties, and if the FIA does not become binding on the parties by March 31, 2015 then this Agreement shall be null and void and of no effect. 3. The closing of the transaction contemplated by this Agreement should it become binding on the parties pursuant to the terms hereof is subject to the following conditions precedent first being achieved by the Closing Date: a. the Municipal Lands have been identified by Reference Plans registered in the appropriate Land Titles Office; b. the Easement Lands have been identified by Reference Plans registered in the appropriate Land Titles Office; c. the Road Allowances have been identified by Reference Plans registered in the appropriate Land Titles Office; d. all Class Environmental Assessments with regard to the subject matter hereof required by either party have been completed; e. the Province is satisfied in its sole and absolute discretion as to title of the Road Allowances and the environmental condition of the Road Allowances; • • Page 2 of 5 49 f. the City is satisfied in its sole and absolute discretion as to the title of the Municipal Lands and the environmental condition of the Municipal Lands; g. the City has passed any by-laws required to stop up and close the Road Allowances and to sell such land; • h. any required approvals from Ministry of Natural Resources pursuant to Section 43 of the Municipal Act, 2001 have been obtained; i. any required approvals of the Council of the City with regards to the matters dealt with herein have been obtained; and j. the City is satisfied in its sole discretion that the Municipal. Lands are suitable for use as a district park. • Land Exchange 4. The parties acknowledge and agree that the terms of this Agreement govern the conveyance of land from the Province to the City as provided for in the FIA. The parties agree that non-satisfaction of a condition precedent under this agreement • shall not constitute a default under the FIA. 5. The parties acknowledge that in order to effect the land exchange contemplated by this Agreement surveys will have to completed and filed with the appropriate Land Titles Office as Reference Plans. The exact boundaries of the Road Allowances and of the Municipal Land and Easement Land will be determined by the parties acting reasonably,provided that if the parties cannot agree on the exact boundaries of the lands to be included in the Reference Plans showing the Road • Allowances, Municipal Land and Easement Land prior to the Closing Date then this Agreement shall be null and void unless otherwise agreed to. 6. Each of the parties hereto agree to pay the cost of preparing and depositing the Reference.Plans required for the land that it is receiving.. 7. The parties agree that.if the Province does not obtain all required approvals to convey the easement over the Easement Land as contemplated by this Agreement, then the definition of the Municipal Land may be amended in accordance with the provisions of the FIA if the parties agree that additional land is to be transferred to the City pursuant to the FIA. 8. On the Closing Date the Road Allowances shall be conveyed to the Province by the City subject to Permitted Encumbrances. 9. On the Closing Date the Municipal Lands shall be transferred to the City by the Province subject to Permitted Encumbrances. 10. Subject to Section 7 hereof, on the Closing Date an irrevocable easement, on terms to be agreed upon between the Province and the City acting reasonably, shall be transferred to the City by the Province subject to Permitted Encumbrances. General 11. The recitals to this Agreement form part of and are an integral component of this Agreement. Page 3 of 5 50 . 12. Time shall be of the essence of this agreement. 13. The provisions of this Agreement extend to, bind and enure to the benefit of the parties, and their successors and permitted assigns. No party may assign any rights or obligations hereunder or in connection with this Agreement without the express prior written consent of all other parties hereto. 14. This Agreement and the rights and obligations of the parties to this Agreement shall be determined in accordance with the laws of the Province of Ontario. 15. Each of the parties acknowledges that they are independent contractors and not the agent or partner of the other. Nothing in this Agreement shall be interpreted as creating any legal relationship other than as contracting independent parties. 16. Each party shall pay its own costs and expenses of and incidental to the preparation of this Agreement and the negotiations preceding or associated with such agreement. 17. No amendment,modification, supplement,termination or waiver of any provision of this Agreement, and no consent to any departure from the strict terms hereof may in any event be effective unless in writing and signed by all parties hereto and then only in the specific instance and for the specific purpose given. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • • • • Page 4 of 5 51 • 18. This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or by sending a scanned copy by electronic mail shall be effective as delivery of a mamnally executed counterpart of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement effective as at the date noted herein. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Employment and Infrastructure as represented by Ontario Infrastructure and Lands Corporation Per: _ Name: Title: Per: Name: — N Title: I/We have authority to bind the Province. THE CORPORATION OF THE CITY OF PICKERING Per: Name: Title: Per: • Name: Title: I/We have authority to bind the City. Page 5 of 5 52 1/ r , L/ i 'Ontario Seaton - Regional Facility and i:)istrict Park . _ 4 t � J ����•, ce¢„ -,y 1�,Af� � � } . } , t r• ` 4 — 1' ' — .iro r'•—_-, j f {, r {Z yt4 / \ �. , ,; ., . __ __•- _____ . - _ , , , _-- - ___,- Ai\\ . __ \ ), - \,t, re:s \ t ✓yam- ' $,> 1 ' ,`t ,t om t' ; \ s} ` , \ ` ' \ ; 1 . :t± � �+ ''S.� t 1\1 4 't . k; 'c1 • t n 1"% px 4, .., ,, -....!--0- , ‘_ ...4 r, ,,,, , .. : . or al, . - ..... , -,,,4,,, :,. t, \ ,,,,, 4110, . „...., , „ _ t_g \ . ATON \-11r7,-_,s- c \ "'`. ��` }�.! \ • District Park(90 acres) y '� /•�t / 4..' ditional Land 0 acres) " ° 11111 !jj� ' Fc" t-W S,�. 01 'onal Facility 23 acres) •n e•Regional Facility and olsirict �t 1 , _ i 4 t ��` Date:4/23/2014 1.:!.: � — — — � 9 f Fdr Illustrative Purposes Only 0 0 70D 200 300 4(0 // — Queen.Printer for Ontario f�Seas to he confirmed fry Survcy �' eter5 —1 \\ ,-- 53 ATTACHMENT# a TO REPORT# SEATON LANDOWNERS GROUP AND CITY OF PICKERINIG 33 FINANCIAL IMPACTS AGREEMENT THIS AGREEMENT is made this day of , 2014. • 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 Economic Development, Employment and 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"). • • 54 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. E. The City was authorized by Council to execute this Agreement on October 28, 2013. F. A final decision of the OMB, with no Order, was required to be requested on or before October 31, 2013 with respect to the zoning by-law for the Lands owned by the SPL within Seaton Phase 1 and such final decision was rendered, and no Order has yet been issued. G. The City provided evidence to the OMB with respect to a draft plan of subdivision, draft conditions and draft zoning by-law for the Lands owned by the Province within Seaton Phase 1 at the settlement hearing held on January 15, 2014. 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 • 2 55 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 Ontario. (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-law" 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 Development 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. • (j) "DC By-law" means a by-law to impose DCs passed pursuant to the DC Act and enacted by Council. (k) "MESPA" 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 is 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). . (p) "SDE" means a single detached equivalent unit. 3 56 (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"D-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 - cost related to the Seaton External Road Works that is payable pursuant to the terms of this Agreement by the SLG, in accordance with the percentages set out in Schedule "D-2". (x) "SLG" means the SPL and the Province and includes their respective successors, including successors in title to the Lands, and permitted assigns. (y) "Soft Services" means those services that are, as of the date of this Agreement, subject to the 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 the successors, including successors in title to Lands owned by the SPL as 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 Servicing and Implementation Strategy dated December 2011, revised May 2013. 4 57 • 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 Schedule "E" Notice Particulars • • ARTICLE 2 CONDITIONS PRECEDENT 2.1 Subject to Section 2.3, this Agreement is subject to the following conditions precedent first being achieved by the following dates indicated: (a) On or before November 15, 2014 the City will have requested that the OMB issue.a decision and an Order granting approval of the draft plan of subdivision and draft plan conditions, for the Lands owned by the Province within Neighbourhood 21 (Plan of Subdivision No. SP- 2011-03), by November 30, 2014 or as soon as reasonably practicable - thereafter); (b) On or before March 31, 2015, the Province has obtained all required approvals with regards to the terms of this Agreement, including transfers and conveyances referred to in Sections 8.4,8.5 and 8.6; (c) On or before March 31, 2015,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 (d) On or before March 31, 2015, any and all front ending agreements required to be entered into 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. 5 58 2.2 The parties agree to work diligently and in good faith and to do all things reasonably necessary to satisfy the conditions precedent set out in Section 2.1 on or before the dates provided for therein. • 2.3 In 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) and (d) 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 financial issues. • 2.7 The parties acknowledge and agree that commitments and.obligations of the Province set out in this Agreement are conditional on the Province meeting any obligations to consult with Aboriginal peoples where required, and provide accommodation, where necessary. Determination of whether consultation by the Province is required and whether the Province has carried out the necessary consultation shall be at the sole discretion of the Province. The Province will advise the other parties of any potential required modifications to the commitments and obligations set out in this Agreement • arising from its consultation including any potential requirement to extend the time for fulfilling any of the conditions precedent, and each of the parties agree to negotiate, acting reasonably, any potential required modifications to the commitments and obligations set out in this Agreement. • 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 6 59 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 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 Internal Road Works as set out in • Schedule "D-1". The SLG will also design and construct at the SLG's sole expense and to the satisfaction of the City the Regional 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 agreements between 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 Director 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 7 60 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 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 attributable to such school, or 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 bridges, culverts, 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 4.4, 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 in Seaton. ARTICLE 5 OTHER SPL CONTRIBUTIONS 10°o Statutory Deduction • 8 61 5.1 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 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; (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 DC Act subsequent to the execution of this Agreement, the SPL and the City agree that they shall 9 62 • 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. • 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$189.00 per SDE. 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. Additional Commulnity 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 has enacted 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. • . 6.2 The DCs payable by Seaton in respect of storm drainage and management works shall be at a rate not to exceed: • io 63 (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 works. • • 6.4 The City will include in the calculation of the DC for development-related capital studies in the City-wide DC By-law the capital costs to be incurred by the City for: (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. 6.5 The parties acknowledge and agree that for the Lands designated as Prestige Employment Lands on the Land Use Plan in the CPDP, the City-wide Development Charge By-law has used a land area basis as opposed to a total floor area basis to calculate the applicable Development Charges for such Lands. 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 11 64 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. • 8.2 The City agrees that the SLG shall not be required to update the Fiscal Impact Study for Seaton. 0 8.3 The City will transfer for nominal consideration as the SPL 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 SPL for development purposes, whether such road allowance is inside or outside the Seaton Natural Heritage System. 8.4 The City agrees to transfer to the Province for nominal consideration approximately 74 acres of road allowances in Seaton currently owned by the City but not required for road purposes. Approximately 30 acres of these road allowances are land to be used by the Province for development purposes and the other approximately 44 acres are located in the Natural Heritage System 8.5 Subject to all required approvals, the Province will agree to grant an 'irrevocable easement in perpetuity 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. 8.6 Subject to all required approvals, the Province, in return for the conveyance of road allowances set out under Section 8.4 will agree to transfer to the City, • for nominal consideration, not less than approximately 90 acres of land far municipal purposes. The land to be transferred is as shown on the 12 65 • 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, Schedule "E" is a map showing the approximate location of the land to be transferred to the City by the Province coloured in green. The precise area and location of the land 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 above described lands, provided however that the service level with respect to the above described lands is to be determined by the City, in its sole discretion. For the purpose of clarification, the City shall not be obligated to pay any costs referred to in this section unless it connects the above described lands to a service or services to which those costs relate. 8.7 Subject to all required approvals, the.Province, in return for the conveyance of road allowances set out under Section 8.4 will agree to transfer an irrevocable easement in perpetuity to the City, for nominal consideration, of approximately 10 acres for municipal purposes, on terms to be agreed upon by the City and the Province acting reasonably. The land to be included in the above described easement is outlined in red on Schedule "E" hereto. If the Province does not obtain all required approvals to convey an easement as described above then the Province and the City agree to enter into discussions to provide for the conveyance of all or part of Part 1 on Plan 40R- 25009 to the City, however not including any lands that contain historical or archaeological sites plus any required set-back, subject to the Province receiving all required approvals, in lieu of the above described easement. 8.8 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 been 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. P p P p up , 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. 13 66 8.9 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 Sections 8.6 and 8.7 will not pass to any successor in title. in the event of a sale by the Province of any of its lands within Seaton, the obligations set out in Sections 5.1, 5.7, 5.8 and 5.9 will not apply to any successor in title to the land sold by the Province. 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, express 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, promises, 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 before the execution 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 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 in Schedule "F" provided that, where mailed, it shall be deemed to be received on the fifth Business Day following the date of mailing. • - 9.4 Time shall be of the essence 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. 14 67 • 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. 9.10 In the event that_any date' specified or any date contemplated in this 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 SPL shall be bound by the terms of this Agreement as if it were an original signatory to this Agreement. Each party comprising the SPL 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 an agreement that it shall be bound by the provisions of this Agreement. • 15 68 9.14 This Agreement shall be registered against title to all lands in Seaton owned by the SLG forthwith upon its execution by all parties. 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] • • • 16 69 • IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate - 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 by.the Minister of Economic Development, Employment and Infrastructure as represented by Ontario Infrastructure and Lands Corporation Per: Name: Title: Per: Name: - Title: • I/We have authority to bind the Corporation. • • 17 70 1133373 ONTARIO INCORPORATED Per: Name: Title: 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. AFFILIATED REALTY CORPORATION LIMITED Per: Name: Title: Per: Name: • Title: I/We have authority to bind the Corporation. 18 71 CHESTERMERE INVESTMENTS LIMITED Per: Name: Title: • Per: Name: Title: I/We have authority to bind the Corporation. HUNLEY HOMES LIMITED Per: Name: Title: Per: Name: • Title: I/We have authority to bind the Corporation._ 1350557 ONTARIO LIMITED Per: Name: Title: Per: Name: 0 Title: I/We have authority to bind the Corporation. 19 72 • • • ZAVALA DEVELOPMENTS INC. Per: Name: Title: Per: Name: • Title: I/We have authority to bind the Corporation. ZAVALA DEVELOPMENTS INC.,in Trust . Per: . Name: Title: Per: Name: , Title: I/We have authority to bind the Corporation. MATTAMY(SEATON) LIMITED • Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. 20 • 73 WHITE SUN DEVELOPMENTS LIMITED. Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation. • 21 74 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 Schedule "F" Map of Park Lands Schedule"E" • Notice Particulars 22 75 1 '.... 1 ( • 6§ = 6 25 2 Is,-,` g ..,`&' •i >— 1 1 rx 1— 0.2 '''-(2 • z-I °,g s,,...,.. ,?,:6-F,,s3 E' 1409, ,c3Liiilu;‘,9..moltIg . tI 1 ,z ...0 „.„,..) le E 7, r-1.,-,Ile INI a - ,.:.'i - , . . , , 1,1.1!R! Lill N. .i , I , • • • ..... ... • . . . li. , m,i-,- • \\\ / .1;1;1, '':WA .■:, ---__ L ,, !"'Wilt ,, _ ,,. lo 'i 4 N.1 • . , ..„,,..... . 'CV CV Lu f Olt IIVI . ; L•g- le ; I . 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Z zi w � w w 0 = 0 _¢ r a w QO a.Z I- O F'~ w w 0 n -- Z 2 Zw 2 a 0 -' j j 2 � 0 ¢ m 7, �r Q w w O n w ZO F 2 I v=, I H� < 2 > U i EJ[JU] HIII ; ,tom` -J • ,, _, I at _ 1, �.. / i‘- e: o S''''' 'n' ill 0 1 i _ C7 IIR RQyYY 4sji �_- ,; .., , .1 I7' ' s,..„ • ii d. .. ( .,- .11116....----_— _/ IVd Lt . ;,t _ ,.....r lr r z ' ‘gritilia, (.4...,,,f-., z t �OVOtl N1tlON+ M `1 •4Lw1I N r L ,Fi w '.;viii ti; g r�y,h, ,- •(h s O w W 0 : I z O < p G 77 • SCHEDULE"C" • SINGLE DETACHED EQUIVALENT UNIT FACTORS • Unit Type SDE Factor • Low Density 1.0 Medium Density 0.793 • High Density 0.457 • 78 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 • • • • 6257¢91 • 79 CI" u) 0 r CD 0 r- cn . m CD as .c - as L . C C > 2 O C . a co W Cl) . 0 O I- , 0 0• 0 Nr O Q o 0 cD U) c$ CO M 0 a o e0 cNi O y � re x o . _1 ° O e • . a , o ° Z +r m o 0 p 0 0 0 Q'' C.+ coo o CO 0 . W d y r N M K ma W . Z. O .4cry 00W C V 0 0 0 . Cl) ° c 0 0 c • • 0 Q,W N I R w ri o Ti C.) . N 0 W c 1- co co J CO . CI H.tea. N N - W I C G CO 0 ti O 1 m C V L — ei 7 w • O O N d 05 W C 3 O = ' .5 CO N O O Z 0 C C) O . CC .0 I-L- co'm re C N N C CC E - >+>v � ) •C m o.c C v W co >_C W • r Co a) 7.7 Z r N In N 80 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 by 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 81 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 82 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 V V Barristers and Solicitors V 120 Adelaide Street West,Suite 2600 Toronto, Ontario M5H 1T1 • Facsimile: (416) 868-0306 Attention: Mr. Ronald Appleby Hunley Homes Limited V c/o Metrus Developments Inc. 1700 Langstaff Road,Suite 2003 Concord ON L4K 3S3 Facsimile: (905) 669-2134 Attention: Mr. Bruce Fischer V 1350557 Ontario Limited V c/o Brookfield Homes 7303 Warden Avenue,Suite 100 Markham ON BR 5Y6 V Facsimile: (905)477-9001 Attention: Mr. Peter Nesbitt 83 V 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 84 • 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 • • 85 • . I ii•-•••••••... 1116. t•-,_ -› / , : i•-'' ' Ontario Seaton - Regional Facility aciti-' District Park ., ,.. .„. . , • . , • . .. --:-.,---. '••. • ji. - . ! . .- -'--,v-' ., ,--;f . - • ',„ ,qr, \''.-:-,. ..--,,--1:'1--:'.4'V-,: -. '. ' 4. 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S, , wr .;!- 1 ,f4"--,/VA'....- ., ATON r :114,, . . . , District Park(00 acres) 11,1kti ■ -.V0 -- .,., - .)-. t . ftlii **W4*-viiitl‘a:st, , - . -. 11 -I '''. - . ,, ,' . • r1 ditional Land -0 acres) N . ..s, 501; 'onal Facility 23 acres) . . i lilitis . _do& ii 9,1;:t8.0„,:._ _ill E: ,, _ (1 _.„,..11/- a_Ililik-Aa. 7:41\f.--Yr:1- . 1.-4;;;.- V.,-.Vial -6 1 -;'- --• - ' t -47-"- :;.7'.TA),'',...;iiii-ik 4'1,--' •';'_ ,.We.,1M. :.N. ,..i '.'It '-' , 7-:-: . , ...or .Regional Facility andpIstrict Tri . ''.4 ' - - • - - 44( 77 MSC , 1111E-n111=1111M ■••••• , Date: 23Q14 . ' 0 . , Fcir Illustrative Purposes Orifi v_.- 50 100 200 300 10 0 Queen-Printer for OrTtano s.: • -as ta be confirmed by Surv...1 Meters --- ---" 86 ATTACHMENT# 3 TO REPORT# �� • r f r';t.�a� Report to .of: � Council • - PI KERING 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 87 • • 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 88 - • Report CAO 05-13 October 28, 2013 Subject: Seaton—Financiallmpacts Agreement .. Page 3 • draft RA 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 Cunha 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. V . • . 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 V 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 V . 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 RA 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 • • • 89 • • Report CAO 05-13 October 28, 2013 • Subject: Seaton— Financial Impacts Agreement Page 4 Prepared/Approved By: Approved/Endorsed By: • • Paul Bigioni Tom Melymuk, CI', RPP " Director, Corps rate S- ices & City Solicitor Director, City Development • • Prepared By: _ • • • c Stan Karwowski Marisa Ca o, MA Division Head, Finance &Treasurer Director, kture & Recreation • i:.'Ir. • Richarb Holbor , P.Eng. • . • Diror, Engineering & Public Works PB:ks . • Recommended for the consideration . . of Pickering City Council ••� '/� C9ct Z3,2o/3 - • • Tony Prevedel, P.Eng. . Chief Administrative Officer • • • • • • • • • • • • 90 . J ATTA. ...1ENT# / TO REPORT# elko SEATON LANDOWNERS GROUP AND CITY OF PICKERING f ,Of C�� 0 S--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. : • • 91 AT— ''4MENT# / TO REPORT.. #c .of. c9 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, c23'as amended, revised or consolidated from time to time and ihe:r'egulations thereto, and any successor legislation. r'-! (c) "Business Day"means a day other than Saturday,,Sunday or statutory holiday in the Province of;Ontario. (d) "City" means The Corporation of the::City of Pickering or the geographic area of Pickering,as the context dictates. ;<?a • (e) "City-wide DC Byaavi"means a DC Bylaw that applies to the entire City,including Seaton,and which comesInto effect in 2014. • "CFDP":}jas the meaning described: n,#lecital 8 • (g) "Council"means Council of the City. ' ;.(h);,,,, "DC"means"`-development charge"as that term is used in the DC Act. : V(i) "DC Act"means the Development Charges Act,1997,S.O. 1997,c.27, as amended,''revised or consolidated from time to time and the regulationstheretb':and any successor legislation. • (jj ";,._"DC By-law" neans a by-law to impose DCs passed pursuant to the '"bC Act and.enacted by Council. • (k) "MESPA", '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/SI.22 from Brock Road to the south limit of Seaton(located external to Seaton). • 92 • • • • . ATTACHMENT#_./-TOKtt'vtclif • • ,of. 9 o s— • 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"D-1". • (u) "Seaton Natural Heritage System" means the Natural Heritage System located within Seaton .ndjdescribed in City Official Plan • • Amendment No.22. • 'Y • • (v) "Seaton Phase 1" mean s:tl e first phase of development of the Seaton Community,as depicted on Schedule B . • rr (w) "Seaton Share";refers to the propori ion'of the total amount of any . •cost related toheSeaton External_'Road Works that is payable • pursuant to the'term's;of;this Agreement by the SLG, in accordance with the percentage -set'outan Schedule R7.2". (x) "SLG mmeans the SPL and the;Propince,,and includes their respective successors,`Intruding successors m ti tle;It he Lands, and permitted •assigns. ti:::.- a° `f'4` :41, Q ' ::-. • F""`' ,. •Y p Soft eemer t,ub ect to the 19% eduction under Section 5 1)8 of the • . ;,,10- g.,y •~ ,, : �. DC Act:: - " K .,.(z "SPL" has;the meaning described on page 1 of this Agreement and - • :. includes thesuccessors, including successors in title to Lands owned ~'?-i by the SPL as`.of the date of this Agreement(the "SPL Lands"), and • permittedscigns of every corporation, partnership or other legal - person•COmprising the SPL , (aa) "SSIS" means the Seaton Staged Servicing and Implementation . Strategy dated December 2011,revised May 2013. . Schedules • • 12 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 .. 9 3• - - ATTAR . .iNT# / TO REPORT# CA-0 Schedule"E" Notice Particulars •. 171-0. c9-S--- Ocr(3 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; ?a} zv:;! - - (b) On or before Jute 30,2014,the Counc t of the City shall have enacted the City-wide DC By-law; "r_ .� •(c) On or before June 30, 2014the Province has°;obtained all required . approvals with regards:;to;tfe terms of this Agreement, including •F1 transfers and conveyances11eferred to in Sections 8:4 and 8.5; (d) On or before June,30,2014,the-SPLand the Province have ecuted a binding agreement oagreements°which are in force providing for the . sharing of costs tobe incurred pursuantto this Agreement;and • y ' . (e) On or.before June 30;,2014,any,and all'`:front ending agreements re uired=to-be entered`.Into betw:een.the Region and the SLG for the • `developmeni 6f Seaton`P,hase`1'to the'' ;,:•.",.>/:,tisfaction of the Region and tli`e`SLG,have been fully executed. •. 2.2 ,;; ,,,,,,T-,,"h =i%artizes agree';to work`dM1ligently%and in good faith and to do all things • 'reasonably necessary.::to satisfy:theconditions precedent set out in Section • '• -'"`,, 2.1 on or before the'dates provided for therein. . ;; .":::,,:,.:A 23 '`in Xhe event that>any of the:,conditions precedent described in Section 2.1 ., �:, has.not been achteyed on orbefore the dates provided for therein,then the sha SLG shall have the`sole discretion to extend the time for the fulfillment of any • wvr,. -ri'4` .• such condition by�providing written notice to the City from the SLG Trustee. 2.4 If any of the'cgnditions 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. 94 • . • • • AT irCHMENT# ( TO REPORT#(JAID . 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 oh 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". • 33 The City acknowledges that it is satisfiedwtl3''and accepts the 5515 in principle as submitted by the SLG,dated Dece'm er 2011,revised May 2013. - . it T-<f':;..r,< • . .ARTICLE(4''' . f° • ROADS AND ENHANCEMENTS • FUNDING AND CONSTRUCTION N • msµ` • ,.: Y t:,. • SLG funding and construction of Seaton Internal Road LNorks • and Regional Road Enhancements 's .�, ,- , 4.1' The SLG will design arid;construct, at the SLG's sole expense and to the • ' - satisfaction•of the City,`the Seato.n.:..Internal'Road Works. as set out in • • Schedule "D41..,„,The SLG will..also 'design.and co:r struct at the SLG's sole . "expense and;torthesatisfactiofi of the City tl e:Regional Road Enhancements ' ': A • as set out,in Schedule;"D-3". •Siicf.,•:nrorks wilicgenerally be constructed as . adjacent"`developments proceeds. :v)rith detailed requirements respecting - • . design and`construction;::including`timing, set out in future servicing or. . ,• • "l d "' the and the.City. A:subd vision agreements between. ty. SLG funding for Sed't n External Road Works . 42 `"The SLG will provide funding;to the City for the Seaton Share of the Seaton Extrnal Road Works e ,as the'works are designed and constructed by the City, • • • in accordance withAnvoices or progress certificates approved by the City • Director"�of Engineering and Public Works, 'provided'that the maximum • contribution;required to be made by the SLG, in the aggregate, for the ' Seaton Exteriiai`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 - t • 95 • HI IHLr11YiCIV I it 1( I WI" vn i tre • 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 attributable to such school,or 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 ariy 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. ;.:4::,:',.,41:. For greater certainty,any DC By-law enactedby'theCity shall exempt Seaton from the payment of any DC relating to new roads or improvements to existing roads (including relatedi.nfrastructure,such: as sidewalks, trails, ' • streetscaping, streetlighting, signalization and management of stormwater • • within roads), provided that a DC`ielating to capital costs`of,transportation facilities,operations,vehicles and equipment.may;apply to Seaton. • -, 7:8 2 ", 45 In the event that, for any;reason, the City imposes a DC By-law in contravention of•Section?4:4; then the Cityshall, upon any receipt of . • payment of any DC paid purs;uantto'such DC Bylaw,,forthwith reimburse the full amount;p3id to-such owner.of lands n Seaton.'``• .. 7 •.may. .j��[- + -zs: :^n ARTICLE>5` .`'~;:;<;. • • -:-.4::;':::..,- OTHER SPL CONTRIBUTIONS~ W%Statutory Deduction: .-,r>, . :,t:; .v • 5::1€' The SPL will.:provider fu nding to th City in respect of the development of the • '- ;;SPL Lands in•ai 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� he DC Act, calculated and paid in accordance with . rs:: Sections•'5 2 to 5.5 ielow(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; - • 96 . • A!TACHMENT# ` TO REPORT#c, . . °f a DS-t (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. .4',� 5.6 In the event of any substantial amendment tomtfie DC Act subsequent to the execution of this Agreement, the SPL and>?the.City agree that they shall > . • renegotiate the applicable terms of this=Agree-rnent in good faith to the . 4jµ extent necessary to ensure that the afnount of friancial support provided by . . the SPL as at the date of execution pf`this Agreemenfwill neither increase nor decrease by virtue of such amendment to the DC Acts =y.. Municipal Administration Buildings • s?' • _ art t:i:: . 53 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 ther"fi st:,11,280'SDEs.constructed on the SPL Lands in tilexixed amount of<$189.0053er SPE. This;payment shall be made - • for each;reside`ntial.vnit on the>SPL Lams pnor:to the issuance of a Building . Permit"for the subj ct unit. Suth c'ontributio`i shall not.be subject to any adjustmentancluding for indexing interest or inflation. Addit.:a npl Community`'Use'Payment sr''"... ,.:..•1.. • y; , 5.3 The SPL will rovide funding to the`City for additional community•uses in "'>'ySeaton. Such funding w•ilt;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 maxirnUm aggregate amount of$3,300,000.00). This payment shall Se tude for each residential unit on the SPL Lands prior to the issuance of a Building,Petr lit for the subject unit. Such contributions shall not be _ •. . subject to anyldjuftment,including for indexing,interest or inflation. t 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. . . 97 . . „,0-1 .} t _ iuREI-ukF# • 05 -.13 . • . 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. „_` , . 63 Provided that the City-wide DC By-law, Or,ar y,:successor DC By-law, reflects the terms of Section 6.2,the SPL agree not to'oject 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:Grorks. "; Z; 6.4 The City will include in the calculation of the DC for development-related capital studies in the City-wide DC By aw the'capital costs to-be incurred by the City for: z.,.,:1' •. • (a) the Whitevale `lraffi Management Study to a maximum of • $75,000.00;and ,,. ;_ (b) theSeatonFscal 1mpact:Peer:tex%iew.Update Study to a maximum of :$125 000.00*.. _ • - 6.5 The Provincegrees tiatt will not;yobject to any City'DCs being calculated .:fa:O.:applied on a land area basis, as":opposed to a total floor area basis, for 6 -non-residential developmenton,the lands designated Prestige Employment ,:;:;:0'' u; ' Land on the: nd Use Plan in the CPDP. ....14:3-:,. icy_.g 1•�..:ARTICLE 7 • 4:„ SHARING SHARING CONDITIONS • 7.1 The Cty.agrees that it will be a condition of approval of all plans of subdivision,consent and piens of condominium that no registration of a plan • of subdivisionconveyance 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 • . V 'the date of this Agreement will withdraw such appeal. . 98 ATTACf . JILL—TO REPORT#eAb pf 5-7 8.2 The City agrees that the SLG shall not be required to update th7Fiscal Impact 05 "-(3 . 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 t6:allow the maintenance of . any stormwater management works located itahe Seaton Natural Heritage • • System on terms satisfactory to the City:;Solicitor, and will not require a • conveyance of the lands containing suclvorks:`lThe decision as to whether such lands will be conveyed or an ea":sement will granted will be determined by the Province, and in either case�wll•be subject to'alisequired approvals being granted. '?1°`: •''. •- 8.5 Subject to all required approvals,the'Province�will agree to transfer to the City,for nominal cons'idefation, land for a-iDistrict Park,located as-sshown on the Neighbourhood 21'l a,ndFUse:Schedule{being Schedule XII to the City's Official Plan)and'beinggenoesallyslocated north'of,Hamlet of Green River and r . west of Sideline 32;havinge.:area pfi rot.less than,300 acres but not more . than 120 acf'es;tree and cleat;of all'liens'and:encumbrances not acceptable . . to theitfi The."precise size;.'and:locatiori3o`f;the District Park will he determined by the agreement of`t.,e:Province and the City acting reasonably. . qz4:?. to... i"y The City agr`eesAthat•:Tt:.will pay itsi'Prpportionate share of the front-ending :-z cost of.Regional'finfrastructure (for'anvater and wastewater) attributable to .M =:the Distric4.Park to ds,provided#�owever that the service level with respect `: � . to the District ark is Ito;be determined by the City,in its sole discretion. For 3� �t Y tY. . . the purpose oivelarificatign,}the City shall not be.obligated to pay any costs `referred to in th�i�s`section;�vpless 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' ockks on the draft plans of subdivision that were submitted to • the OMB at tlie' earing 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. • • 99 ATTA' :NT# " TO REPORT# /0 .af.c9 5=13 . 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,expr,'ess.ror implied;with respect to the subject matter of this Agreement. Ndneof:-the parties hereto shall be • • bound by or charged with any oral or`w:ntten agreements, representatipns, • reports, recommendations, warranties,statements;promises; information, arrangements or .understandings µas` relates to the matters referred to ' herein, not specifically set forth`. n this Agreement or;in;the schedules, • documents and instruments to be'delivered on•or before theexecution of this Agreement. There is no collateral..agreement, condiition;..or term .,,%;.rc. .;a .N u applicable thereto,other::than as expresses or?eferred to herein iii writing. • 9.2 The parties hereto may only;arriendthis Agreement by further agreement-in writing executed by all parties,ereto' ^;,.4. ,e.4.1::,,.:: . 93 Any noticesto be'given under theterms'of t}iis;.greement shall be in writing . s±5 w_ti • and shall begiven to the applicableparty by personal service or by mailing by first class mad.,with.postage fully:prepaid or by facsimile at the number ;, herein.:•set forttf_jn Sc$tiedufe. E provided that where mailed, it shall be 'deeme l;;to,be received on the fifth' Business Day following the date of mailing. '" : '<�. .. 'z.¢Y • 9.4 'r Tme shall be of the essence of this Agreement and every part thereof. - •- 9.5 Notl%ing herein contained shall be deemed or construed so as to make any of - the partie heretopartners,joint venturers or agents with or of one another. ' ,:,..';'.:it.., am. ,,s 4 =`'''/s 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. . ,100 ' . ATTACF .T# TO REPORT# CEO _ If ,,,,ff - 9.10 In the event that any date specified or any date contemplated"M this 05-8 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 purchase#rsofndividual lots which are sold • with dwellings erected thereon. Anygagreeniet of purchase and sale entered into by any party included;3irithin the SLG,;shall require that, as a - - -condition to the completion of the'#ransaction,the purchaser shall execute an agreement that it shall be bound*the provisions of this Agreement. 9.14 This Agreement shall be registered '4;.:::?...against title=to all lands in Seaton owned • by the SLG forthwith u# on its execution by all;p sties. • 9.15 The SLG shall execute":such'`Ffur•ther assurances as may be reasonably -necessary-to give effect to this Agreement. ',,:5• - • [REMAINDER OF THIS PAGE LEFT BLANICINCENTIONALLYI • < • • • • - 101 ATT. RENT//# / TO REPORT# C . IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate 05-��1 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 MAJESTYTHEIQUEEN in right of Ontario as represented,by;1 e^Minister of Infrastructure as representedf y Ontario infrastructure and Lands` Corporation = s ' Per: "% ;. • `'Name: 5,.4::.::::41.•, . P Title: `:<;:; • •',,';',.r .. =::Name: . ;1;. .: Tale- - 1/We;l ave authority`to bind the Corporation. f_<ryf _.,• -,• ,;:: :.1133373;ONTARIO INCORPORATED t Name: - :L Title: • .. Per: • �,. 4 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.• 102 • ATTACH A / TO REPORT#CA-0 • , • 05--13 AFFILIATED REALTY CORPORATION LIMITED . • • • • Per: ' ' Name: • • Title: • • - Per: • • Name: • Title: • 11We have authority to bind the Corporation. • CHESTERMERE INVESTMENTS LIMITED Per • Name: ..:?1•3,;;/ • Title: 1..-70e?.. • • Per. iName • I/We h&V'eputhorittto bind the Corporation. • . •-•v•; '113?-7 • HPNLEY HOMES LIMITED Per Title • • • 5,•••:•:••.• Per ".• • ,,,,,te6:P..•••:..fit.n:. N me a ? .,••• • .44 • ;•,;:?:-'4%.,Title . I/We have authority to bind the Corporation. • • • 1350557 ONTARIO UMITED Per • • Name: • • Title: • Per ••• Name: • - . Title: • I/We have authority to bind the Corporation. •. ' . ZAVALA DEVELOPMENTS INC. • • Per: • - Name: • 103• • ATTA. :NT# I TO REPORT#C,-D /'t .of. — rSr( Title: Per: • Name: Title: I/We have authority to bind the Corporation. ZAVALA DEVELOPMENTS INC.,in Trust Per: • • Name: • Title: Per: • • Name: 'Title: "' •• • • • I/We.have authority to bind the Corporation. . • MATTAMY(SEATON)LIMITED•:;; „w- Per: •`! , • • Name:' Title: • • '..I/We have authority to bind the Corporation. �/:iii✓J �f i-F:%.L i}. WHITE'SUN DEVELOPMENTS LIMITED • cx Per: Name: ;< .• Title: Per. Name: • Title: I/We have authority to bind the.Corporation. • • • 104 • ATTAC1.. «t‘1T# f TO REPORT# • Schedule"A" - /S .of. s-!3 Plan Depicting Ownerships in Seaton • Schedule"B" . Plan Depicting Seaton Phase 1 ' Schedule"C" • Single Detached Equivalent Unit Factors • • Schedule"0-1" • Seaton Internal Road Works - • • • ' Schedule"D-2" Seaton External Road Works . • Schedule"D-3" • • • Regional Road Enhancemeratf, Schedule"E" Notice Particulars-" • ✓�iY•.: �.JY�4rS V • •'•••' • • • • • • • • • • • • • • • • • ••1 • 105 W z F. z IEI T .CH EN T## / TO REPORT#CAC Pi ill }z LL o E i Y. O r p �c Z 1 . ■ -0 ° i°° >sw F. Z .a w / .01. d'J - ipa ,a zo f= v°I-6g > z'''5 c z TI a!Na3 y0 r} i2a Qo �^i-'Oa°woHSa o i ZO w <Q ¢O u- c°o s? - 30 Ka z .- uIJ I .:�• i a I 1 I, hy A,vpi:r qr i ,\\ g. ucL.Le,., ,, -,V ,tti\ Ijl 6 DJ(, i. !: •4i\ i i 1 1 ® - —• t Yt [ �e ' S \ice i" ' U g - ..pt-', ii.' 4 .917, - ---.-1----'1 iki-loir =1 �— =' =f g'! ,. — `; '; - also' `� ,=t" �^ .� J YAK °d' I ! _ , d 1 ` \ =W i..' I< « iii l c-; :- ■ �' ,. -,, ,,,,, oz 1 p f ~1 I. I r "•wits—4:_ '�— _ — — _ I' —"'1 4. ' A _gi ,^ —•gig �, ii' 1 lJ�rx `� f ng`' 1 ✓n= a i glik [4y T 3�-I--- ����r��t �, cl — —--;__A-1-`L;•„"--if--,t--4 ', ‘, iZ•ulgot.----1.- ... ,o...-._ _ , " ' ._f--=--5'- -'----.- ( ;.,,s.D -I o 6 f I o . �-Vii �� Y"�.% Ili I g.r �a ® 1 .^ It I jI r 1 ' �-- 1 I W Y ten^ `� tI ali r �. _tom- o� \ -� ■ • '''-'Fil" 1M.- la . _ ' ''''''-'---.'- ''---' : - q[li::::'. ._.;'--•;:. - i • -r - — I.-sue$ '• 106 • U, Q • z s ATTACHMEI° I TO REP ORT C' 0 057> C u Iw . J Q u7 Z to u ��yy{pp� U - 0 B"..< F- rn • Q 0 • • Z F- a ,-Z u w U • • J 6 T D� J 0 Q tl ■ a a,- Q ., Z Q tl Q tl cOc =I- LtJ F-- 0 0. N L 1=JI u.■ Z Z .IJ1 r I [j, 1 1• [_ 1 1 -�__•--�_-•t • • • • f t' • I t • t t • ,� Yi i I` •1 � , _ a,-. ., .• ; 3 :..lia °' 2.• ' -r mov �I0 rAR tJ 10A.- A •Op]r Iiiiir U . I 611. ?.''''''s4'.1, > . x _ 3 . -ILI o 1:,2 T 1 • t, :I IA ,..-' t„--- L lrilln ..-... ) . 1 ill r' ic:t``,,,, avow 1-Inlort .•tom 1 '`t FF� r.. * t L., 4 ^1 i,�.s,�`, J OJ _ 1,Xrf _C.` \mil CO /5 f — >e • Z r-7: j i _/ •Ft-,.,•:•,.:.,..::,,,7"-3•-:P''..'....,.....} 1 •:t .., (...) -i, ttt J w ❑ I 10 / i V U) a ATTACHMENT# / TO REPORT# • /K.of. . - SCHEDULE"C" ' • . SINGLE DETACHED EQUIVALENT UNIT FACTORS • . Unit Type SDE Factor • Low Density • 1.0 . ' Medium Density 0.793 • • High Density 0.457 • • • • • • • • • • • • • • • 108 • ATTACHMENT#=TO REPORT# o /7 .of. c-s— ©S-/3 • SCHEDULE"D-1"-SEATON INTERNAL ROAD WORKS • Timing Gross Capital Cost Prj.No. PROJECT (year) Estimate($) 16 Sideline 24 Oversizing . • 2018 . • 2,240,000 17 . . Sideline 24 Within NHS 2018 2,300,000 18 New Structures for Sideline 24 - 2018 3,100,000 19 Oversizing E-W Collector- SL 22 and 26 north of Taunton .2024 770,000 20 E-W Collector SL 22 and 26 north of Taunton with NHS 2024 460,000 • 21 Structures on E-W Collector north of Taunton 2024 800,000 . New-3 Mulberry Lane Collector-(i.e.Road.XI)-930 m 2016 651,000 New-4 Oversizing Fifth Concession Road,Brock Road to SL 16 2015 580,000 22 Oversizing Collector-SL•26 to Whitevale Bypass 2017 1,015,000 23 Collector-SL 26 to White Bypass within NHS 2017 805,000 24 New Structure for Collector-SL 26 to Whitevale Bypass 2017 1,000,000 25 Oversizing E-W Collector-North Rd to Whitevale 2022 2,695,000 26 E-W Collector within NHS 2022 1,265,000 27 New Structures for above - 2022 8,500,000 . 28 Oversizing Collector-above road to Whitevale Bypass 2015 630,000 • 29 • Oversizing new road on existing Brock north of 3rd - 2015 840,000 Internal Seaton Roads Sub-total - 27,651,000 • • • • 6257691 109 • • ATTACHMENT# / TO REPORT# 61, .of. 0•5-_4 7a.r. 0 EA o 0 0 cv • 0 0 N C m m o N O "C R 0 c- t0 • Z N L N tD CD o • . N 0 r r• • • m .fl t. y• `+EH 0 O p ✓ 0 m N o CO CO 0 fN 0 tot r . • V to CV N • • • — 0 0 0 • • . � 0 0 0 O o ft 0 • • ' e c , ❑ . . N • Q . 0 - J w , • Q 0 • o 0 0 • •Z r >= m� o 0 0 • • m rn cL, v WCe m k a N E, mW ° m - X aU W • Z ov -0 0 F. o W CO V o 0O G co (9Qw N • to to C6 w a C.)III N ❑ . W L CO 0 J m • • • E �, N N ❑ �" V . . W S C-) oc co Co . m U N m • ID v • • C C . • t 7 C ca 05 G O . ' L .c 0 W 0. 0 •C IS m Is 0 m 'a to Z c t6 • 0 Qs C to 0 , CD LL m w I • . E E C >,1.a E . • 0 m m a m W o _ W. Cl > •• . m • O CL Z N e N • [o • • • • 110 • • • • • ATTACHMENT# 1 TO REPORT#014k--0 0.r .of. c c OS—/3 • SCHEDULE"D-3"-REGIONAL ROAD ENHANCEMENTS . • Prj. Timing Gross Capital Cost No. Project (year) • Estimate($) 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 • 10b) 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 Z897,500 Regional Roads Enhancements Sub-total 13,328,500 • • • • • • • • • 6257691 111 • • • • • ATTACHMENT# J TO REPORT#Cp-o • .0f. 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.Uoyd Cherniak • Lebovic Enterprises Limited 12045 McCowan Road,Box 1250 Stouffville ON L4A 8A2 Facsimile: (905) 640-7369 Attention: Mr.Uoyd Chemiak • • • 112 • ATTACHMENT# TO REPORT# CA-0 e9 3 .of.a-� US/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 113 ATTACHMENT# l TO REPORT# C,-0 .of. • Zavala Developments Inc. c/o Metrus Developments Inc. • 1700 Langstaff Road,Suite 2003 Concord ON L4K 353 Facsimile: (905)669-2134 • Attention: Mr. Bruce Fischer Mattamy(Seaton)Limited c/o The Mattamy Development Company _ • 206-140 Renfrew Drive • Markham ON MIX 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 • • • 114 • ATTACHMENT# / TO REPORT# CA--0 Sr .Of. with a copy to: • • Chappell Partners LLP - 20 Queen Street West,Suite 3310 . Toronto ON M5H 3R3 S Facsimile: (416)351-0002 - • Attention: Mr. David Flynn • • • • • • • 115 - •