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HomeMy WebLinkAboutApril 3, 2017 Executive Committee Agenda Monday, April 3, 2017 Council Chambers 2:00 pm Chair: Councillor Cumming For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. ·t:; P1CKER1NG Executive Committee Meeting Agenda Monday,April3,2017 Council Chambers-2:00 pm Chair: Councillor Cumming 2. 3. That staff be authorized to work with the TRCA on the development of a landscape master plan for the Brock North Lands that achieves a balance between ecological restoration and preparation for recreational facilities, while incorporating the importation and placement of approximately 1. 7 million cubic metres of clean fill; 4. That staff be authorized to work with the TRCA to amend the existing management agreement between the City of Pickering and TRCA to include the permitted ancillary and recreational uses for the Brock North Lands on terms similar to the existing management agreement; 5. That a copy of this report be forwarded to TRCA; and 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 06-17 Amendment to Traffic and Parking By-law 6604/05 -Inclusion of New Roads and Traffic Controls Recommendation 31-54 1. That the attached draft by-law be enacted to amend Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "1 0" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to provide for the inclusion of new roads and traffic controls into the Traffic and Parking By-law; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Engineering Services, Report ENG 07-17 55-70 Asphalt Resurfacing on Various City Streets, Trails and Driveways -Tender No. T-2-2017 Recommendation 1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails & Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount of $1,487,065.99 (HST included) be amended to 2 ENG 02-17 Subject: Toronto and Region Conservation Authority Brock North Lands April 3, 2017 Page 2 TRCA has estimated that it will take approximately 1.7 million cubic metres of earth fill to bring the land up to grade, which is anticipated to take five to seven years to deposit. TRCA has requested waiving ofthe fill permit tipping fee, and should the City of Toronto waive the fair market value for all the property entitlements, interests and permissions for the ancillary uses, the City would acquire the use of the land for recreational purposes, at no cost. City staff will work with TRCA staff to ensure a landscape master plan is developed for the Brock North Lands that achieves a balance between ecological restoration and future recreational facilities. Financial Implications: TRCA plans to place approximately 1.7 million cubic metres of fill on the Brock North Lands that would have resulted in the City receiving $3.4 million dollars of fill permit revenue,. based on the current Fees and Charges By-law. The waiving of the fill permit tipping fee will result in the City foregoing that revenue. If however, the fill permit tipping fee is imposed, TRCAhave indicated that it will not proceed with the project, as it would be cost prohibitive. As detailed in Report ENG 04-13, the City originally anticipated that it would incur costs on land acquisition and construction of a Community Park within the Brock North Lands. If the recommendations in this report are approved then the City would obtain the use of the land for recreational purposes, at no cost, should the City of Toronto waive the fair market value for all the property entitlements, interests and permissions for the ancillary uses. In addition, the fill to be placed on the Brock North Lands will bring them up to a grade and contour suitable for construction of a Community Park. The recommendations, if approved, do not result in expenditures for the 2017 budget year, however, revenue of $48,800 from TRCA for the fill that was deposited in 2015, was received in the 2017. In addition, TRCA will pay the application fee for the associated fill permit. Capital costs for development of the Brock North Lands for recreational and museum purposes will be incurred in future years, as required. Discussion: As described in ENG 04-13 (see Attachment #1 ), the GCL are · comprised of four parcels of land: Brock North and the Radar Property located in the City of Pickering and Brock South and Greenwood Conservation Area located in the Town of Ajax (see Attachment #2). The site is bounded by Sideline 16 on the west, Greenwood Road on the east, Highway #7 on the north, and the hydro corridor north of Taunton Road on the south. The site, which is under the TRCA ownership, covers 675 hectares (1 ,668 acres), is home to a wide range of environments including mixed forest, open meadows and wetland communities and has three sensitive watercourses (Spring Creek, Brougham Creek and East Duffins Creek) flowing through it. Prior to acquisition from the City of Toronto in early 2011, the Brock North and South lands had undergone significant disturbance, having been used for aggregate extraction until the 1980's and as a solid waste landfill site by the City of Toronto in the late 1970's. The solid waste was removed from the site in 1997, but the site was never restored. The GCL Master Plan was generated to protect, conserve and restore the valuable ecological features and functions of the site, while guiding the current and future public uses of the area. CORP0227 -07/01 revised ENG 02-17 Subject: Toronto and Region Conservation Authority Brock North Lands April 3, 2017 Page 3 Various plan components, such as Management Zones and Recommendations, Trail Plans and Recreation Plans have been included as part of the Master Plan, with the intent that this plan be implemented over the next 25 years. Active recreation activities will be permitted along the western edge of the site, which has undergone severe alterations from aggregate extraction and requires extensive restoration. A Community Park is envisaged to utilize 20 to 22 ha (50 to 55 acres) and a possible 10 ha (25 acre) expansion of the Pickering Museum Village, at the north end of the site. It is anticipated that it will take five to seven years to receive the estimated 1. 7 million cubic ·metres of fill that is required to bring the land up to grade. City staff will work TRCA staff to ensure a landscape master plan is developed forth~ Brock North inland fill area that achieves a balance between ecological restoration and future recreational facilities. At TRCA's June 24, 2016 Authority Board Meeting, the final GCL MasterPlan was passed (see Attachment #3). In late 2015, TRCA staffcontacted City staff after they became aware that TRCA might be subject to the City of Pickering's Fill and Topsoil Disturbance By-Law #6060/02, and not be exempt. City staff confirmed with TRCA that the City's Fill and Topsoil Disturbance did apply and a permit would be required for the Brock North Lands site. TRCA advised City staff that in July 2015, filling had begun at the Brock North Lands site, without a permit, and a total of 48,800 m3 was deposited. This volume corresponds to a fill permit tipping fee of $48,800, as the 2015 User Fee By-law required $1 per cubic metre of deposited material. TRCA agreed to stop work on the site immediately until the proper approvals were in place. Following discussions with City staff, TRCA sought permission from the Authority Board, in their June 24, 2016 report, to request that the City of Pickering waive all fill permit tipping fees and securities (refundable deposits) related to municipal approval and implementation. Should Council approve the recommendations of this report, TRCA has agreed to submit a fill permit application, along with the required fill permit application fee. In addition, TRCA agreed to pay the tipping fee for the material that was deposited in 2015, resulting in revenue of $48,800, which has been received. As TRCA plans to place 1.7 million cubic metres of fill on the Brock North Lands, this would have resulted in the City receiving $3.4 million dollars of fill permit revenue based on the current Fees and Charges By-law. The waiving of the fill permit tipping fee will result in the City foregoing that revenue. However, if the fill permit tipping fee is imposed, TRCA has indicated that it will not proceed with the project, as it would be cost prohibitive. As detailed in Report ENG 04-13, the City originally anticipated that it would incur costs for land acquisition and construction of a Community Park within the Brock North Lands. If the recommendations in this report are approved then the City would obtain the use of the land for recreational purposes, at no cost, should the City ofT oronto waive the fair market value for all the property entitlements, interests and permissions for the ancillary uses. In addition, the fill to be placed on the Brock North Lands will bring them up to a grade and contour suitable for construction of a Community Park. CORP0227 -07/Q1 revised 3 6 Report ENG 04-13 May 13, 2013 Subject: Greenwood .Conservation Lands Master Plan Page.2 .. Discussion: The Greenwood Conservation Lands (GCL) are comprised of . four parcels of land: Brock North and the Radar Property located in the· City of Pickering and Brock South and Greenwood Conservation Area located in the Town of Ajax (see Attachment #1). The site is b.ounded by Sideline 16 on the west, Greenwood Road on the east, Highway #7 on the north, and the hydro corridor north of Taunton Road on the south. The site which is under the Toronto and Region Conservation Authority · ownership, covers 675 hectares (1 ,668 acres), is home to a wide range of environments including mixed forest, open meadows and.wetland communities and has three sensitive watercourses (Spring Creek •. Brougham Creek and East Duffins Creek) flowing through it. Prior to acquisition from the City of Toronto in early 2011, the Brock North and South lands had undergone significant disturbance, having been used for aggregate extraction until the 1980's ~nd as a solid waste landfill site by the City of Toronto in the late 1970's. The solid waste was removed from the site in 1997, but the site was never restored. · The GCL Master Plan was generated to protect, conserve and restore the valuable ecological features and functions of the site, while guiding the current and future public uses of the area. Various plan components, such as Management Zones and Recommendations, Trail Plans and Recreation Plans have been included as part of the Master Plan, with the intent that this plan be implemented over the next 25 years. Public Consultation The GCL Master Plan was prepared by the TRCA with significant consultation at the local and regional government level and other stakeholders. The Technical Advisory Committee, made up of Town of Ajax and City of Pickering staff, worked with TRCA staff to establish the vision, goals and·objectives, determine the management zones and recommendations, and develop the trail and public use plans. The Public Advisory Committee was made up of representatives from Municipal and Regional committees, user associations and local re.sidents. The Public Advisory Committee's ·responsibility was to ensure that their respec~ive party was informed throughout the planning process, to provide input or suggestions from their group, identify issues and provide suggestions to resolve them. · · The public consultation program included meetings with interested organizations and user groups such as cycling, off-leash dog walking and hiking, to review specific plan·. components. Newsletters were mailed to the community to share information and provide updates on the Master Plan process. Two rounds of Public Information Sessions were held in Ajax and Pickering. The first Public Information Sessions on May 1oth and 1i\ 2012 were to. present the draft plan components and obtain feedback, and the second PL,Jblic Information Sessions on September 18th and 19th,2012 were to present the .revised plan components. In general, the public have been very supportive regarding the development of the Master Plan and its components, and their comments and suggestions were integrated into the plan where possible. / Report ENG 04-13 May 13,2013 Subject: Greenwood Conservation Lands Master Plan Page.3 As numerous cultural heritage features have been recorded on site, the First Nations and Metis communities were contacted and sent several information packages throughout the process. Vision and Goals The vision for the GCL, which is consistent with the vision for the Duffins and Carruthers , Creek Watershed Plans, provides ·direction for the future management of th'e property and encompasses three strategic areas: · • support functioning, diverse and self-sustaining communities of native plants, fish and wildlife • become a public destination, offering a variety of recreational and cultural ' . experiences • facilitate important regional trail linkages and provide connectivity-to surrounding · natural heritage systems · The. goals th.at have been set in order achieve this vision are as follows: • protect and restore ecological function and resilience to both aquatic and terrestrial systems • create a public destination that offers a variety of recreational and cultural experiences • protect and conserve the cultural heritage features for their inherent value and depiction ofthe long-term human.use and occupancy of the area Management Zones and Recommendations As part of the Master Planning process, man_agement zones have been developed to protect ecological features, focus restoration efforts, and provide public use and trails where appropriate, and to guide how the property will be managed. The management zones distinguish varying levels of ecological protection, management needs and acceptable levels of public use and have been based on a review of the existing natural and cultural heritage resources of the site. The management zones have been mapped with consideration for interim measures, restoration opportunities, passive public use, and ultimately the long term management zones. Management recommendations have been provided to guide 'the actions of the TRCA, its partners and stakeholders, to ensure the Greenwood Conservation Lands remain a healthy and vital part of the Duffins Creek watershed. Recommendations are provided under the following categories: 7 8 Report ENG 04-13 May 13,2013 Subject: Greenwood Conservation Lands Master Plan Page 4 • Natural Heritage Protection • Restoration • Cultural Heritage • Trails • Public Use Site Securement and Protection • Community Outreach and Engagement • Economic Considerations • Integration Public Use and Recreation Plan Public use within the GCL will be permitted in areas that are not environmentally sensitive .. A wide variety of passive recreational activities will be permitted, including cycling, hiking,. leashed dog walking, angling, geo~caching, wildlife viewing, snowshoeing and cross country skiing. Active recreation activities will be permitted along the western edge of the site which has undergone severe alterations from aggregate extraction and requires restoration. Uses being considered within the Brock South lands (located in Ajax) include a bike park, dog off-leash area, low ropes course, picnic/day use area, and community gardens. The existing Greenwood Conservation Area, under management agreement with the Town of Ajax, will continue to function with its current uses. A Community Park site that could include baseball diamonds, soccer fields, a football field, a skateboard park, children's play. area, a field house and associated parking is being considered for the Brock North lands (located in Pickering). The site area designated for this use is 20 to 22 hectares (50 to 55 acres). This site would also provide parking and trail heads to the GCL trail system. Concessions have been made in the. GCL Master Plan to permit the expansion of the Pickering Museum Village to the west of the current museum site, for a new visitors centre and for the relocation of historic buildings. The parking area would be shared by muse.um patrons as well as pa~k users as the north trail head to the GCL trail system is adjacent to the museum site. There is al$o the opportunity for interpretive signage and/or displays at the museum visitor centre addressing the cultural heritage of the GCL site. Trail Plan The GCL Trail Plan has been prepared to guide the development and management of trails, access points, signage and related facilities. The Trail Plan was prepared with the focus of providing a trail system that has minimal impacts on the natural and cultural heritage resources. As such, approximately 30 km of the existing 60 km trail system will be decommissioned and another 11 km of new trails added, to provide a trail network '· .. Report ENG 04-13 Subject: Greenwood Conservation Lands Master Plan May 13, 2013 · Page 5 that has connectivity, provides a range of trail experiences and challenges and is welcoming, safe and accessible for the public to explore. The GCL Trail Plan includes: • a multi-use trail system approxi'mately 41 km in length • inter-regional trail connections with the Trans-Canada Trail • over 8 loop trail options • connectivity between recreational features of the site with a total of 15 different access points Cycling focused areas have been identified in the GCL Master Plan, however trail routing, difficulty ranking, connectivity to other areas of the property, and sign age will be developed at ·a later date, to be approved by. the TRCA and forthcoming GCL Stewardship Committee. Approximately 20-25 km of cycling trails located in three designated cycling areas are recommended. Implementation The GCL Implementation Plan has identified action items for the short, medium and long-term. These are only general recommendations for implementation as funding will ultimately determine the schedule. A collaborative approach and cost sharing among the partners over the long term will be important in implementing the recommendations. • Short-term recommendations will be completed from 2013-2014, to address the ·immediate safety issues within the property including removal of unsafe structures on the existing trail system, boundary fenCing and hazard tree assessment and removal. · • Medium-term recommendations will be completed from 2014-2016 and include ·upgrades to the trail system, implementation of the dog off-leash area, planning and development of two of the mountain biking focused areas, and upgrades to the Radar trail head parking lot. · • Long-term recommendations will be implemented from 2016-2019 and include the implementation of the third mountain biking focused area and implementation of the active public use areas in both Brock North and South. One important recommendation of the GCL Master Plan is to develop a Stewardship Committee made up of local·and regional interest groups, area residents and representatives of municipal and regional committees. The Stewardship Committee would oversee and participate in the implementation of the various plan ,, recommendations and would assist the TRCA in implementing site development, maintenance, environmental protection and restoration activities. 9 Legislative Services Division Clerk's Office Directive Memorandum May 24,2013 To: From: Subject: Richard Holborn Director, Engineering & Public Works Paul Bigioni (Acting) City Clerk Direction as per Minutes of the Meeting of City Council held on May 21,2013 Director, Engineering & Public Works, Report ENG 04-13 Greenwood Conservation Lands Master Plan Council Decision Resolution #72/13 1. That Report ENG-04-13 of the Director, Engineering & Public Works regarding Greenwood Conservation Lands Master Plan be received; 2. That the Greenwood Conservation Lands Master Plan dated November 2012 be endorsed by Council; 3. That a copy of this report be forwarded to the Toronto and Region Conservation Authority for their information, and that they be advised of Council's decision on this matter. Please take any action deemed necessary. Paul Bigioni /lr Copy: Chief Administrative Officer 1 1 14 Item 7.2 THAT TRCA staff continue to work with the City of Pickering and the Town of Ajax to enter into a management agreement related to the permitted ancillary uses; THAT TRCA staff continue to work with Ministry of Transportation officials and report back on the options for land transfer or use of surplus Highway 407 ETR East Extension lands in the future; THAT TRCA staff continue to explore strategic land acquisition for inland filling that supports ecological restoration and financial sustainability; THAT TRCA staff develop a landscape master plan for the Brock North inland fill. area that achieves -a balance between ecological restoration and recreational facilities, while incorporating approximately 1.7 million cubic metres of clean fill; AND FURTHER THAT TRCA staff be authorized and directed to execute all the necessary documentation required to facilitate restoration of the property and implementation of the Master Plan. · BACKGROUND At Authority Meeting #7/15, held on July 24, 2015, staff presented the Greenwood Conservation Lands Master Plan. The report was referred to the September 25, 2015 Authority meeting for more information as follows: THAT the staff report be referred to the September Authority meeting for a staff· report with information on possible volumes of fill, clarification of Pickering's plans for recreation fields, options to close the funding gap, provincial lands purchased for the Highway 407 corridor and clarification on conditions of the original transfer of lands from Toronto and mechanism for approval of plans and funding contributions as required.· · The report addresses these issues as outlined below. Greenwood Conservation Lands With the most recent acquisition of the Brock Lands in 2011, adding to the adjacent Greenwood Conservation Area (GCA) and Rodar property, the area of the amalgamated properties totals 689 hectares (1,704 acres). For the purpose of integrating the planning of all the lands into the master planning process, the three properties are considered as one large complex called the Greenwood Conservation Lands ·(GCL) as approved on November 30, 2012 as per Resolution #A219/12. Located within the Duffins Creek watershed in the Regional. Municipality of Durham, GCL borders the Town' of Ajax and the City of Pickering. Additio~ally, it is adjacent to Highway 7 .and the Highway 407 ETR East expansion in the north and Taunton Road to the south and is located between Sideline 16 and Greenwood Road west and east respectively. 17 Item 7.2 City of Toronto Transfer Agreement The Brock North former lan9fill site is located on the north side of the 5th Concession Road, east of Brock Road in the City of Pickering. The Brock South site is located on the south side of the 5th Concession Road, east of Brock Road in the Town of Ajax (Attachment 1). These lands were secured by the former Municipality of Metropolitan Toronto in 1969 as part of a landfill site selection process. At that time, in order to purchase land for use as.a landfill in another jurisdiction, the former Municipality of Metropolitan Toronto was required to enter into an agreement with the Township of Pickering. The required agreement, among other matters, provided that "on completion of the refuse disposal sites; the land would be turned over to the Metropolitan Toronto and Region Conservation Authority, for recreation purposes." The then Municipality of Metropolitan Toronto obtained Certificates of Approval from the Ministry of the Environment for landfill at both Brock North and South. The southwest portion of the Brock North site was used for landfilling in the la~e 1970's; however, the waste was removed from the site in 1997. Brock South was never used for waste disposal. Staff reviewed the Remedial Action Plan and The Closure Plan lmplementation reports, as well as the Ministry of.the Environment files, and was satisfied thatthere is nothing of any significance in terms of risks associated with the transfer of property. In the Agreement of Purchase and Sale, the City retained the right to c'ontinue to monitor, pursuant to any certificate of approval. The lands were subsequently declared surplus by the City of Toronto's Solid Waste Management Division in 2008 and conVeyed to TRCA for a nominal fee of $2 in 2011. The City of Toronto and TRCA entered into an agreement related to the use of the property by TRCA. The general terms ofthe agreement ~re as following: - 1. The property is to remain in the ownership of TRCA. 2. The property ,is to be used by TRCA, Ajax or Pickering or any of their agenCies only for open space and park purposes inclu<;:ling paths, trails and other passive recreational uses. 3. Any other ancillary uses must be. approved by the City of Toronto and will be conditional upon a management agreement between TRCA and Pickering. These uses may inciude an expansion of the Pickering Museum, a district park having a minimum size of 50 acres serving the entire City of Pickering with facilities such as stadiums, places of assembly and a variety of active and passive recreational and cultural pursuits including soccer fields, softball diamonds, baseball diamonds and football fields. 4. If _there are ancillary uses, then the City of Toronto IT!ust receive the fair market value of all of the entitlements, interestand permissions co.nveyed or granted by TRCA. 5. If there is any sale or other disposition by TRCA for other than an ancillary use approved by the City of Toronto, then the City of Toronto has the rights to take the property back or take the profit. The profit is the Fair Market Value of the rights conveyed by TRCA less TRCA's costs of capital improvements, realty taxes, removal of exiting improvements, environmental clean-up costs, real estate commission, cost of acquiring, operating and maintaining the property. · The uses proposed in the Greenwood Conservation Lands Master Plan were contemplated at tbe time that City of Toronto and TRCA negotiated the transfer of the Brock North and South lands, and were incorporated into the Agreement between the City of Toronto and TRCA. City ofT oronto staff' has indicated that once TRCA has finalized the Master Plan they would review the plan and advise if further City approvals are required. 18 15 1 6 Item 7.2 Brock North Environmental Conditions The terrestrial landscape and hydrologic function of the Brock North lands have been severely altered through previous aggregate extraction and landfill operation~. Staff has assessed the site and identified opportunities to restore hydrological function, unique landforms, and aquatic and terrestrial habitats. In order to restore the hydrological regime,and natural watershed drainage, the importation of fill materials is required to replace tbe land overburden and reshape the topography in altered areas of the site. The revenue generated via tipping fees during fill placement will provide financii:ll support for 'the phased implementation of the ·Master Plan, including restoration activities and the recreation plan. Inland Fill Plan TRCA staff·has determined that importing approximately a minimum of 1. 7 million cubic metres of fill is necessary to meet both restoration and revenue goals in the context of a recreational park. Tipping fee revenue will flow from either public or private partners, such as York Region who has specifically requested that TRCA reserve fill capacity at Brock North for disposal of excess soils associated with future infrastructure work. A very successful collaborative agreement between York Region and TRCA involving the place'ment of 450,000 cubic metres of clean soil at Brock South was completed in late 2015 as approved at Authority Meeting #6/11, held on June 24, 2011 (Resolution #140/11). · · Revenue will also be generated .from private sector fill suppliers through a competitive bidding process meeting TRCA's Purchasing Policy. In this scenario, a contractor may be awarded a contract to supply and place a specific quantity of soil within a time frame at a unit cost. The contractor would also be required to restore and stabilize the site via the establishment of a natural cover crop._ Past successful inland fill projects have generated tipping· fees in the range of $3.50 to $6.00 per cubic metre. This would translate into revenue of between $6 million and $10 million dollars based on a ·1.7 million cubic metre fill 'Plan. Staff estimates that filling would take place over 7 to 12 years depending·on design volumes and market conditions; however staff would always endeavor to maximize revenues and may delay filling to do so. A portion of fill revenue or approximately one dollar a cubic metre will be required to manage the filling operation including the implementation of the TRCA Inland Fill Quality Assurance Program .. The program includes the pre·:..approval of all fill prior to delivery, followed by fill tracking, monitoring and laboratory testing. TRCA has achieved excellence in the management of fill operations and will continue to explore options for strategic land acquisition that will facilitate ecological restoration and financial sustainability. · In addition to the restorati6n of ecolog.ical and hydrological functions, the placement of 1. 7 million cubic metres. of fill also allows. for the construction of specific active recreational facilities requested by the City of Pickering. Discussions regarding the future use of the lands have identified that City of Pickering is interested in utilizing a portion of the fill site measuring approximately 20 hectares (50 acres) for recreational park facilities, including sports fields. Additionally, the Pickering Museum has identified a 10 hectare (25 acre) area at the north end of the site, adjacent to their lands, for possible expansion. In total, Pickering is looking to utilize approximately 10 percent of the lands within the City of Pickering. 19 Item 7.2 Since the placement of fill will facilitate the development of a recreational facility, it is understood that a request must be made to Council to waive all fees, charges & securities (refundable deposits) related to municipal approvals and implementation costs. The City of Pickering and the Town. of Ajax will also be reque;:;ted enter into a management agreement for areas related to the permitted ancillary uses. In addition, future discussions with the municipalities will request the consideration of entering into a long term management agreement for the Greenwood Conservation Lands located in the City of Pickering and Town of Ajax. Also, TRCA staff will support The City of Pickering and Town of Ajax with their request to waive the City of Toronto requirement for payment of fair market value for the property beinQ usedfor ancillary uses. Highway 407 ETREast Extension , As outlined in the November30, 2012.report to the Authority, TRCA E?ntered into an agreement with the Ministry of Transpo.rtation (MTO) to undertake restoration activities as overall benefit compensation for redside dace as required by the Endangered Species Act due to construction of the Highway 40.7 ETR East Extension. A total of eight stream restoration sites within Brock North will be fully restored by the end of 2017, funded by MTO for a total of ?PProximately $1.8 million. As part of the Highway 407 ETR East Extension, MTO acquired 1lands for construction and habitat compensation purposes. It is anticipated that upon construction completion the lands will be deemed as surplus for the proJect and it may be beneficial for TRCA to explore the acquisition of strategic parcels, especially in the area of the GCL. FINANCIAL DETAILS The estimated cost to implement the GCL Recreation Plan is $3.6 million, while the estimated cost to undertake full restoration of the site is estimated at $4.3 million. Approximately $95,000 was awarded to TRCA by the Trans Canada Trail for improvements to the Trans Canada Trail within the Radar Property and Greenwood Conservation Area. Approximately $1.8 million has bee.n secured for habitat restoration via MTO, and TRCA is working with partners, including the Ontario Federation of Anglers and Hunters (OFAH), on additional in-kind restoration works. Revenues from the Brock South fill deposition site will help fund the restoration and recreation plans within the Brock South tract. Based on the estimated filling revenue for Brock North, which also accommodates a recreational complex, an estimated shortfall of $900,000 or revenue of $3.1 million could result for the complete Master Plan implementation. Regardless of the filling scenario, TRCA will continue to explore traditional and non-traditional sources of funding to achieve the phased implementation of the Master Plan. Projected Costs Revenues to Date Restoration 4.3 Million $1.8 million MTO Plan Recreation Plan 3.6 Million $95,000 Trans Canada Potential Fill Net Potential Trail ·Revenues shortfall or revenue Total 7.9 Million $2.75 million $4.3 million.(based ($900,000) on $31m3) . $8.3 million (based $3.1 million on $61m3) DETAILS OF WORK TO BE DONE To achieve the restoration and revenue goals at Brock North, TRCA staff will take the following actions: 20 17 18 Item 7.2 • work with municipal partners to confirm their fill capacity requests; • undertake .a competitive bidding process for fill suppliers; • • work with the City of Pickering to confirm the preliminary· r~creation concept plan; • facilitate discussions with the City of Pickering, Town of Aj~x and the City of Toronto to determine the mechanism for approval of ancillary uses; • enter into discussions with the City ofT oronto regarding the waiving of the market value payment for ancillary uses.on the Brock lands. To achieve the implementation of the GCL Master Plan, TRCA staff will undertake phased implementation based on available funds that will allow for ecological restoration and passive recreation. The phased approach will allow for flexibility in the design ·of the landform to accommodate both the recreational complex and any changes to the landform. TRCA staff will also c~ntinue to investigate traditional and n'on-traditlonal sources of funding . . TRCA staff will work with Ministry of Transportation officials and report back on the options for the transfer of Highway 407 East Extension lands in the future. TRCA staff will also continue to explore options for the strategic land acquisition that requires filling to achieve ecological restoration and financial sustainability. Report prepared by: Karen McDonald, e?{tension 5248 and David Hatton, extension 5365 Emails: kmcdonald@trca.on.ca, dhatton@trca.on.ca For Information contact: Gord MacPherson, extension 5246, David Hatton, extension 5365 Emails: gmacpherson@trca.on.ca, dhatton@trca.on.ca Date: April12, 2016 Attachments: 1 21 20 RES.#A88/16 • Moved by: . Seconded by: . ·GREENWOOD CONSERVATION LANDS Greenwood Conservation Lands Master Plan and Brock North Inland Filling. Final approval of the Greenwood Conservation Lands Master Plan; the strategic placement and grade of clean surplus fill within an abandoned aggregate extraction area within the Greenwood Conservation Lands at the Brock North tract; ·the transfer of provincially- owned Highway 407 ETR East Extension Lands; and the strategic acquisition of lands to facilitate inland filling for ecological restoration and financial sustainability. Glenn De Baeremaeker Colleen Jordan WHEREAS the Greenwood Conservation Lands Master Plan was approved in principle by the Authority on November 30, 2012 (Resolution #A219/12); AND WHEREAS the former aggregate extraction area at the Brock North tract has been identified as a site for habitat restoration and enhancement through the strategic placing of clean fill, and was approved as a possible site by the Authority on January 28, 2011 (Resolution #A13/11); AND WHEREAS Toronto and Region Conservation Authority (TRCA) staff has initiated planning and discussions with City of Pickering related to the restoration and recreational potential of the property, as was recommended in a report to the Authority on January 28, 2011; AND WHEREAS the Province of Ontario has acquired lands for the construction of the Highway 407 ETR East extension that may become surplus upon completion of the highway construction; THEREFORE LET IT BE RESOLVED THAT the Greenwood Conservation Lands Master Plan be approved; . THAT the funds for receiving the clean fill be set aside exclusively for project costs and implementation of the Greenwood Conservation Lands Master Plan, including future restoration and hC!bitat enhancement of the property and the phased implementation of the recreation plan and land acquisition in Durham Region; THAT the City of Pickering and Town of Ajax be requested to waive all fees, charges & securities (refundable deposits) related to municipal approvals and implementation; THAT the City of Toronto be requested towaive the requirement for payment of fair market value for all of the entitlements, interests and permissions conveyed or granted by TRCA to the City of Pickering and Town of Ajax for ancillary uses; THAT TRCA staff continue to work with the City of Pickering and the Town of Ajax to enter into a management agreement related to the permitted ancillary uses; , THAT TRCA staff continue to work with Ministry of Transportation officials and report back on the options for land transfer or use of surplus Highway 407 ETR East Extension lands in the future; · THAT TRCA staff continue to explore strategic land acquisition for inland filling that supports ecological restoration and financial sustainability; THAT TRCA staff develop a landscape master plan for the Brock North inland fill area that achieves .a balance between ecological restoration and recreational facilities, while incorporating approximately 1.7 million cubic metres of clean fill; AND FURTHER THAT TRCA staff be authorized and directed to execute all the necessary d.ocumentation required to facilitate restoration of the property and implementation of the Master Plan. . ' 21 22 t.;TTACHMENT#..:±.__ TO REPORT# ~Nf; 02.-17 LRO # 40 Notice Receipted as DR9649S7 on 2011 01 19 at 15:08 The applicant[s) hereby applies to the Land Registrar. I Properties PIN Description Address PIN Description Address 26402 • 0074 lT .PT LTS 12, 13, 14, 15 & 16, CON 5, PICKERING, RDAl BTN LTS 14 & 15, CON 5, PICKERING. CLOSED BY Pl22182, Pl21162 •. PT RDAL BTN .L TS 12 & 13,CON 5, PICKERING, CLOSED BY Pl2875 AS IN C0219504, C021.8428, C0231804,C0231805. C0235392, PT 1, EXP PL 230, PTS 2 & 3, EXP Pl237, C0212288 EXCEPT PT 1 ON 40R176SS & PTS 1 TO 71NCL., EXP PL LT890932; EXCEPT PT 3 ON 40R19476 SAVE AND EXCEPT PARTS 1, 2 AND 3 DR808240 SUBJECT TO AN EASEMENT AS IN 0421916 CITY OF PICKERING PICKERING 26407 • 0025 L T PTLT15, CON 4PICKERING, PT 1, 2 &5, EXPROPPl231, PT5:40R643; PTLT 16 CON4 PICKERING PT4,EXPROP Pl231; PTLTS 15& 16, CON4 PICKERING, PT 1, 40R4311, PT2, 40R643, PT3, EXPROP Pl231,AS IN C0205715 ;SIT D11654,PI22680,PI34605 AJAX PICKERING I Consideration Consideration $ 0.00 I Applicant(s) The nofice is based on {)r affects a valid and existing estate, right, interest or equity in land Name CITY OF TORONTO . Addr11ss for Service Attention: City Clerk Toronto City Hall 100 Queen Street West Toronto, ON MSH 2N2 This document is not authorized under Power or Attorney by this party. Y'fYY mm dd Page 1 of2 This document is being authorized by a municipal CO)'POration City of Toronto, by its soracitor, Anna Kinastowski, City Solicitor, per Kim Rodgers, Solicitor. ' · I Statements This notice is pursuant to Section 71 of the Land TiUes Act. This notice may be deleted by the Land Registrar after 2061/01/19 Schedule: See Schedules .I signed By John Kimberly Rodgers Tel 4163928047 Fax 4.163975624 55 John St, 26th Floor Toronto MSV3C6 1 have the authority to sign and register the document on behalf of the Applicant{s). j Submitted By CITY OF TORONTO Tel 4163928047 Fa~ 4163975624 55 John St., 26th Floor Ttlronto M5V3C6 acfing for Signed Applicanl{s) 20110119 2011 0119 · LRO # 40 Notice Receipted as OR964987 on 2011 01 19 at 15:08 The applicant{s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2 ·j Feesffaxes/Payment Statulo.<y Registration Fee $60.00 Tota/Paid. $60;00 I Fiie Nu.mber Applicant Client File Nurrrber: 2100-80~1482 2010 (KR} ; 23 24 THIS AGREEMENT made the 18th day o{ January~ 2011. BETWEEN: A. B. CITY OF TORONTO (the "City") -and· OF THE FIR~T PART TORONTO AND REGION CONSERVATION AUTHORITY ("TRCA") OF THE SECOND PART Bian agreem.ent of purchase and sale executed by TRCA on October 25,2010, and by the City on December 1, 2010 (the "Agreement of Purchase and Sale"), the City agreed to seil to TRCA and TRCA agreed to purchase from the City the property described in Schedule "A" attached to this Ag:eement (the "Property"}, on the terms set out in the Agreement of Purchase and Sale. . \ The Agreement of Purchase and Sale provides for the registration of this Agreement against title to the Property. IN CONSIDERATION OF the sum of$10.00 paid by each party to lheother·party, and other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each party), the parties hereto covenant and agree as follows: 1. {a) It is the express intention of the City and TRCA that there is to be no speculation with r~spect to all or any pdrtion of the Properly; and that the Property is to remain in the ownership of TRCA and is to be used by TRCA, the Town of Ajax, or the City of Pickering or by one or more of their agencies, boards or commissions, or by another entity approved by the City, only for open space and park purposes, including paths, trails and other passive recreational uses, and such other uses ancillary thereto that have beeri approved by the City. Such other ancillary· uses may include a future expansion of the Pickering Museum and a distrid park having a minimum size of 50 acres, serving the entire City of Pickering, and designed for specialized facilities such as stadiums, places of assembly and a variety of active and passive recreational and cultural pursuits {including soccer fields, softball diamonds, baseball diamonds and football fields), under a mana!;Jemen! agreement between the City of Pickering and TRCA. all together referred to as the "Agreed Uses". TRCA acknowledges that the City's approval of any such enlily or any such other ancillary uses of the Prope.lfyprovided for in the immediately preceding sentence, if given, will be conditional on receipt by the City of all of the payments required to be made by TRCA to the City under this Agreement in respect of the use of the Property or any part or parts of the Property by such approved entity, and in respect of any such approved ancillary uses. For greater certainty, but without limiting the generality of the foregoing, any such ancillary use of the Property or any part or parts ofthe Propertyby, through or under the City of Pickering, !he Town of Ajax or the Province of Ontario {collectively, the "Permitted Public Authorities") shall not be permitted unless the City receives, in respect of such use, the fair market value ·or all of the entitlements, interests and permissions conveyed or granted by TRCA !o the Permitted Public Authorities. If : {i) any sale or other dispo~ition of all or any part or parts of the Property is proposed by TRCA at any time within fifty (50} years from the date of registr~tion of this Agreement against title to the Property (the "Closing Date") {unless arrangements satisfactory to the City are made to restrict the use of the Property to the Agreed Uses noll.vifhstan.ding the completion of such sale or disposition); (ii) TRCA intends to use or cause or permit the P.ropertyor any part or parts of the Property to be used for any purpose other than the Agreed Uses, TRCA agrees to give the City. Notice of its intention to do so immediately (the" TRCA 's Sale Notice"). If the City, acting reasonably and in good faith, determines thafit has reasonable grounds for believing that TRCA intends to sell or otherwise dispose of all or any parto~parts of the Property, or intends to use or cause· or permit the Property or any part or parts of the Property to be used for any purpose other !han the Agreed Uses. the TRCA ~Sale Notice shall be deemed for all purposes of this Agreement to have been delivered to !he City. Within ninety (90) days of receipt or deemed receipt by !he City of the TRCA s Sale Notice. the City will deliver to TRCA a Notice {the "City's Notice of Election"}, advising TRCA that: (i) the City· shall have the right to re-purchase the Properly at the same price paid by TRCA to the (::ity pursuant - to the Agreement of Purchase and Sale, or {ii) 100% of any"Proftr', as defined below, shall be paid to 2 the City and the amount of such Profit shall be a charge on the Property in favour of the City until paid. {b} For purposes oi.this.Agreement: (i) ~Base Amount' means $2.00 {the "Purahase Price,. If TRCA proposes to dispose of Jess than the whole of the Property, the Base Amount shall equal the Purchase Price multiplied by a fraction that has as its numerat(lr the area in square O')eters of fhe portion or portions of the Property TRCA intends to dispose of and as its denominator the area in square metres of the Property. (ii) "Sale Pricrt' means: {A} · the gross sale price or the amount expressed in money of any consideration given or to be given for the conveyance by or on behalf of the transferee and the value expressed in money of any liabHify assumed or undertaken by or on behalf of the transferee as part of the arrangement relating to the conveyance and the value . expressed In money of any benefit of whatsoever kind conferred direct!yor indirecUy by the transferee on a~y person as part of the arrangement relating to the conveyance; (8) in the case of a final order of. foreclosure under any mortgage or charge affecting land; the value of the consideration determined under clause (A) plus the amount owed under the mortgage or charge a! the time it is foreclosed, including pri!Jcipal, interest and all other costs and expenses other than municipal taxes, secured .by the mortgage or charge and owing at the time plus the amount owing similarly calculated under any mortgage or charge that is subsequent in priority to the mortgage or charge in respect of which !he final order of foreclosure is made and that is held by the mortgagee or chargee in whose favour the finai order of foreclosure that is registered is made; (C) in the case of a conveyance of land to the mortgagee or chargee under a mortgage or charge affecting the land when the conveyance is given in satisfaction oi the amount owed under the mortgage or charge, the value of the consideration determined under clause (A) plus the amount owed under the mortgage or charge at the time the conveyance iS made, including principar, interest and all other costs or expenses other t'1an municipal taxes, secured by the mortgage or charge and owing at the time plus the amount owing similarly calculated under any other mortgage or charge that is subsequent in priority to the mortgage or charge in respect oi which !he conveyance is made, if that mortgage or charge is held by the mortgagee or chargee to whom the conveyance is made; or · (D) in the case of a lease of land,licence or any similar arrangement permitting . the use of ihe Property or any part or parts ofthe Properly, a transfer of the interest of a lessee under a lease of land or of a licensee under a licence or of any other user under a similar arrangement permitting the· use of any part or parts of the Property, or a notice of any kind in writing signifying the existence of an unregistered lease of land, licence or similar arrangement permitting the use of the Property or any p'art or parts of the Property, or of an unregistered transfer of the interest of a lessee under · a lease of land or of a licensee under a licence or of any other user under a similar arrangement perinitting the use of the Property or any part or parts of the Properly, ·the current fair market value, ascertained as at the time of the lender or submission for registration, or as at the commencement of the term of the lease, flcence or other similar arrangement permitting the use of the Property or any par! or parts of the Property, of the lease payments, rent. licence fees or any other amounts to be paid during the term of the lease, licence br any similar arrangement permitting the use of the Property or' any part or parts of the Property. Any renewal, extension, assignment, amendment, alteration, or replacement of the existing residential leases. of parts of the Property, provided that such leases continue to provide fo~ residential. tenancies notwithstanding any such renewal, exti:m~ion, assignment. amendment, alteration, or replacement, shall be considered and deemed !O have a nil Sale Price . . {E) in the case of a caution ·or notice of any kind in writing signifying the existence of any unregistered instrument or writing by which land is conveyed and that is not a notice in writing described in clause (D}, the value of the consideration C:\DOCUM=-1\T?.CA.\l.OCALS-1\T emp\no1es6274571!epurchase -profJ! tilgreement ·f''l...:' ,-':Je 25 26 3 determined under clause (A), {8) or (C) for the land conveyed by the unregistered instrument or writing that is referred to in such caution or notice in writing thatis not a notice in writing described in clause (D); {F) in the case of a conveyance of land from a trustee (whether or not the tru.stee is so described_in the conveyance) to a person to whom or for whose benefit any equitable or beneficial interest in the land has been transferred by a conveyance or conveyances !hal have not been registered, the valu·e of !he consideration determined U!Jder clauses (A) to (E), whichever is applicable, in respect of the unregistered conveyances made to such person; (G} in the case of a conveyance of land from a trustee to another trustee {whether or not either trustee is so described in the conveyance) where, {i) ihe person to whom or for whose benefit any equitable or beneficial interest in the land is held is not the same person to whom orfor whose benefit any equitable or beneficial·. - interest in the land was held by the trustee making the conveyance when that trustee firsi acquired legal interest in the land, and (ii) valuable consideration has been given by the transferee of an equitable or beneficial interest for the transfer of any equitable or beneficial interest in the l~nd held by the trustee making the conveyance while that trustee was the holder of the legal interest in !he land, the fair market value, ascertained at the time of !he tender or submission for registration, of the land to which the conveyance extends; or {H) in the case of a conveyance of land to a corporation where any par! of the consideration consists of the allotment and issuance of the corporation's shares or in the case of a conveyance of land from a corporation to any of its shareholders the fair market value, ascertained at the time of -the tender or subl1)ission for registration, · of the land to which the conveyance extends; for the Property, or such portion or portions of the Property as are the subject of the · City's Notice of Becfiori, including the value of all chattels situate thereon which are then owned by TRCA and which are intended to pass on such disposition transaction and the value of any encumbrances or mortgages assumed by TRCA or taken back as part· of the consideration for such disposition transaction, less the aggregate of the foll9wing: {1) {2) (3) {4) the cumulative total of the value of any and all capital improvements made by TRCA to the Property from and after the Closing Date; municipal realty taxes paid by TRCA. from and after the Closing ·Date; removal of existing improvements; and environmental clean-UP. costs incurred by TRCA after the Closing Date, all calculated in accordance with generafly accepted accounting principles; any real estate commission payable by TRCA in disposing of the Property to such purchaser or tenant, in an amount not to exceed-the then-current industry practice; and reasonable costs, including costs of required environmental remediation. legal and accOunting fees, payable by TRCA in acquiring or disposing of the Property. · costs of acquiring, operating, maintaining and preserving the Properly, and the interest of TRCA therein to the extent not covered by revenues therefrom. (iii) "Profit' means the amount by which the Sale Price exceeds the Base Amount. 2. If the City delivers a Notice or Notices of Election in respect of all or any part or parts of the Property, TRCA agrees to convey the Property or relevant part or parts of the Property to the City or to pay to the City the" Profit' realized in the disposition of the Property or relevant part or parts of the Property, as the case may be, in accordance with !he City's Notice of Election and !~is Agreement. 3. TRCA will cause to be prepared. at its expense, any certificates of area in respect of the Property or part or parts of the Property that are required to permit the calculations provided for in Section 1 of this Agreement to be performed . . . ~-.~-........ :· . ~ .... ,. -·-. : ....... . C:\DOCUME-'1\TRCP.\LOC~LS-'i\Temp·IJ'l.otes6274S'T\repurchz.s!:: w profit agreem~nt .. final.cloc 4 4. If the City's Notice of Election requires TRCA to re-convey the Property or any part or parts of the Property to the City, the lands to be re-conveyed to the City shall be: {a) subject only to !hose encumbrance~ to which they were subject on the Closing Date. and to those additional encumbrances, if any, that the City, in its sole discretion, has elected by Notice to TRCA to' accept; {b) in a condition not more impaired by the "presence or effeci of any ''Hazardous Su!)stanceu than on the Closing Date; and (c) free of aff structures or improvements that were not present on the Property on the Closing Date, or that the City, in its sole discretion, has not elected by Notice to TRCA to permit to remain on the Property. 5. Sections 1, 2, 3 and 4 shall not apply to conveyances for roads and road widening purposes, "ld ly easements and conveyances to other public bodies for nominal c;onsideration. 6. Any notice. approval or other. communication required or permitted to be given ("No/ice") shall be in writing and shall be personally delivered, sent by prepaid registe~ed mail. or sent by telecopier and, in the case of notice to the City, addressed to it as follows: Director of Real Estate Services City of Toronto Metro Hall, znd Floor 55 John Street Toronto, ON MSV 3C6 Telecopier No.: (416} 392-1880 With a copy to: City Solicitor City of Toronto Station 1260, 26th Floor ~etro Hall 55 John Street Toronto, ON M5V 3C6 Attention: Kim Rodgers Teiecopier No.: {416) 397-5624 and in the case of Notice to TRCA. addressed to it as follows: Toronto and Region Conservation Authority 5 Shoreham Drive Toronto. ON M3N 1S4 Attention: Mike Fenning, Manager. Acquisitions and Sales Telecopier No.: (416} 661-6898 With a copy to: Robert C. Rossow Gardiner Roberts LLP 40 King Street West. Suite 3100 Toronto. ON MSH 3Y2 Telecopier No.: (416} 865-6636 Any Notice so given shall be deemed conclusively to have been given and received on the date of delivery if personally delivered, or on the third {3rd) Business Day following the date of mailing if sent by prepaid registered mail, on th.e day of transmission by l!jliecopier (if transmitted prior to 5:00 p.m. on a Business Day), and on the Business Day next following transmission {if transmitted after 5:00 p.m., or if transmitted on other than a Business Day), provided that if there is any anticipated or exisling·postal dispute, Notice shall be personally delivered or transmitted by telecopier. "Business Day" means a day which is not a Saturday or a Sunday or a day observed as a holiday under the laws C DOCUMi:-1\TRCA\LOCALS-1\Temp'II<Oles527~87'Jepurcrose.-profit:~greement~f:r.~ doc 30 SCHEDULE "A" (the "Properly"} 6 Legal D<:scription: In the City of Pickerir.g, Regional M~_;nicipallty of Durham and Province of Ontario, in the Land Registry Office for the Land TiUes Division of the Durham registry Offce (No. 40) be1ng COMposed of: FIRSTLY: PIN 26402-0074 {LT) . Parts of Lots 12, 13, 14, ~5 & 16, Concession 5 Pickering, Road Allowance between Lots 14 & 15, Concessions 5 Pickering closed by Pl22182, P121162, Part of Road Allo~nce between Lots 12 & 13, Concession 5 Pickering closed by Pl2875 as in C0219504, C0218428, PARTS 2 & 3, Expropriation Pian 237, C02122~8 except PART 1 ON 40R17686 & PARTS 1 to 7 inclusive, Expropriation Plan LT890932; except·PART3 ON 40R19476 save and except PARTS 1, 2 and 3 on OR808240 subject to an easement as in 0421916. · SECONDLY: PIN 26407-D02S {1. T) Part of Lo115, Concession 4 Pickering, PARTS 1, 2 & 5 Expropriation, Plan 231, PART 5, 40r643; Part oflot 16, Concession 4 Pickering, PART 4 Expropriation Plan 231; Part;; of lots 15 &16, Concession 4 Pickering, PART 1, 40R4311,· PART 2, 40R643, PART 3, Expropriation Plan231, as in C0205715; SIT 011654, Pl22680, P134605Ajax. C:\DOCUME-1\TRCA\LOCALS .. 1\1'~mp\notes627487\repurchase ~profit agreement.fi~ .. .~· ,::~~; 32 ENG 06-17 April 3, 2017 Subject: Amendment to Traffic and Parking By-law 6604/05 Page 2 • Cougs (Tillings)-Lebovic (Tillings) -located west of Tillings Road with the Winnville Road to the south and Dusty Drive to the north, shown in Attachment 4 • Rosebank Neighbourhood-specifically the addition of Staghorn Road, Pike Court and Maitland Drive to the By-law, shown in Attachment 5 The proposed updates to By-law 6604/05 includes updates to Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10", which are described in detail in the following sections. The roads and traffic controls are shown in Attachments 1 through 5. Additions to Schedule "2", No Parking The following locations are new parking restrictions within the previously listed neighbourhoods, and are currently signed. These parking restrictions are proposed to be added to Schedule "2". • east side of Liatris Drive within the east intersection of Misthollow Drive • east side of Liatris Drive from 50 metres south of Misthollow Drive (east intersection) to 70 metres south of Misthollow Drive (east intersection) • both sides along the full limit of Legian Mews (fire route) • both sides along the full limit of Generra Mews (fire Route) • west side of Earl Grey Avenue from 80 metres east of William Jackson Drive to 105 metres east of William Jackson Drive • north and east side of Carousel Drive from 90 metres west of William Jackson Drive to 110 metres west of William Jackson Drive • both sides along the full limit of Carousel Mews (fire route) • both sides along the full limit of Starboard Mews (fire route) • both sides along the full limit of Calico Mews (fire route) • both sides along the full limit of Teak Mews (fire route) • both sides along the full limit of Pegasus Mews (fire route) • both sides along the full limit of Shepway Mews (fire route) • both sides along the full limit of Spinnaker Mews (fire route) • both sides along the full limit of Caravan Mews (fire route) • north and west side of William Jackson Drive from 1 0 metres west of Leg ian Mews to 35 metres east of Legian Mews (proposed) CORPD227-07/01 revised ENG 06-17 April 3, 2017 Subject: Amendment to Traffic and Parking By-law 6604/05 Page 3 Additions to Schedule "5" Prohibited Turns The following locations have been signed to prohibit turning movements and are proposed to be . added to Schedule "5". These locations represent turns onto laneways where the width and design of the roadway presents a challenge for two-way traffic and therefore has been designated as one-way. In addition, these locations were previously requested by the Region of Durham to operate as one-way due to difficulties with garbage pick-up if the road was to remain with two-way traffic. • Pure Spring Boulevard @ Leg ian Mews/Generra Mews -Eastbound right turn and Westbound left turn are prohibited • Carousel Drive @ Carousel Mews, northbound right is prohibited • Canadian Street@ Shepway Mews-northbound right turn and southbound left turn are prohibited • Tillings Road @ Spinnaker Mews-northbound left turn and southbound right turn are prohibited • Caravan Mews @ Spinnaker Mews -southbound right turn is prohibited • Pegasus Mews@ Shepway Mews-northbound right turn is prohibited Additions to Schedule 6, Through Highways A 1through highway' is defined as road or portion of road to which vehicular traffic from intersecting roads are required by law to stop before entering or crossing. The following roads are new through highways and are proposed to be added to Schedule "6". • Liatris Drive-Full Limit • Misthollow Drive -Full Limit • Penny Lane-Full Limit • Bronzed ale Street-Full Limit • Generra Mews-Full Limit • Pure Spring Boulevard -Full Limit • William Jackson Drive-Full Limit • Earl Grey Avenue-Full Limit • Calico Mews -Full Limit • Carousel Drive-William Jackson Drive to Tally Street • Tillings Road -Dersan Street to Dusty Drive • Scenic Lane Drive-Full Limit CORP0227-07/01 revised 33 34 ENG 06-17 Subject Amendment to Traffic and Parking By-law 6604/05 • l;:lmsley Drive-Full Limit • Edgecroft Drive-Full Limit • Winnville Road -Full Limit • Bruny Avenue-Full Limit • Canadian Street-Full Limit • Dusty Drive -Full Limit • Shepway Mews-Full Limit • Spinnaker Mews -Full Limit • Staghorn Road -Full Limit Schedule "7", Stop Signs April 3, 2017 Page 4 All stop signs are currently placed on the minor street at all intersections within the previously listed neighbourhoods. There are no proposed all-way stop locations. All stop locations that require addition to the by-law are illustrated in Attachments 1 through Attachment 5 and are listed in the draft by-law amendment in Attachment 6. Schedule "9", Speed Limits and Schedule "10", Heavy Traffic Prohibited Schedule "9", Speed Limits and Schedule 10, Heavy Traffic Prohibited will include all new roads within these developments. The posted speed limit on these roads will be 40 km/h. The proposed Traffic and Parking By-law 6604/05 Amendment for Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10" is provided in Attachment 6. Attachments: 1. Area Traffic Controls Map, Mattamy (Brock Road Limited) 2. Area Traffic Controls Map, Lebovic (Bradshaw) 3. Area Traffic Controls, Lebovic (Tillings) 4. Area Traffic. Controls, Cougs (Tillings) 5. Area Traffic Controls, Rosebank Neighbourhood, Staghorn Road, Maitland Drive and Pike Court 6. Draft By-law, Amendments to Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10" to By-law 6604/05 CORP0227-07/01 revised !:J,TTACHMENT#__k__ TO REPORT# Cr-J0 ob-17 The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 2, Schedule 5, Schedule 6, Schedule 7, Schedule 9 and Schedule 10 to By-law 6604/05 to provide for the regulation of parking restrictions and stop signs on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to provide for the inclusion of new roads and traffic control into the Traffic and Parking By-law. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 2 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Column 2 Highway Side Add Calico Mews Both Caravan Mews Both Schedule 2 No Parking Column 3 Limits (From/To) Full Limit Full Limit Column 4 Prohibited Times or Days Anytime (Fire Route) Anytime (Fire Route) 41 By-law No. Page2 Schedule 2 No Parking Column 1 Column 2 Column 3 Column 4 Highway Side Limits (From/To) Prohibited Times or Days Add Carousel Drive North and 90 metres west of Anytime East William Jackson Drive to 110 metres west of William Jackson Drive Carousel Mews Both Full Limit Anytime (Fire Route) Earl Grey Avenue West 80 metres east of Anytime William Jackson Drive to 1 05 metres east of William Jackson Drive Generra Mews Both Full Limit Anytime (Fire Route) Legian Mews Both Full Limit Anytime (Fire Route) Liatris Drive East Within the Intersection of Anytime Misthollow Drive Liatris Drive East 50 metres south of Anytime Misthollow Drive (east intersection) to 70 metres south of Misthollow Drive (east intersection) Pegasus Mews Both Full Limit Anytime (Fire Route) Shepway Mews Both Full Limit Anytime (Fire Route) Spinnaker Mews Both Full Limit Anytime (Fire Route) Starboard Mews Both Full Limit Anytime (Fire Route) Teak Mews Both Full Limit Anytime (Fire Route) 42 By-law No. Page 3 Schedule 2 No Parking Column 1 ·Column 2 Column 3 Column 4 Highway Side Limits (From/To) Prohibited Times or Days Add William Jackson North and 1 0 metres west of Anytime Drive West Legian Mews to 35 metres east of Leg ian Mews 2. Schedule 5 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 5 Prohibited Turns Column 1 Column 2 Column 3 Column 4 Highway or Direction Turns Prohibited Prohibited Intersection Times or Days Add Canadian Street Northbound Right and Left Anytime @Shepway and Southbound Mews Carousel Drive Northbound Right Anytime Pure Spring Eastbound Right and Left Anytime Boulevard @ Legian and Westbound Mews/ Generra Mews Tillings Road @ Northbound Left and Right Anytime Spinnaker Mews and ·Southbound 43 44 By-law No. Page4 3. Schedule 6 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Column 2 Schedule 6 Through Highways Highway Limits (From/To) Add Br'onzedale Street Full Limit Bruny Avenue Full Limit Calico Mews Full Limit Canadian Street Full Limit Carousel Drive William Jackson Drive to Tally Street Dusty Drive Full Limit Earl Grey Avenue Full Limit Edgecroft Drive Full Limit Elmsley Drive Full Limit Generra Mews Full Limit Liatris Drive Full Limit Misthollow Drive Full Limit Penny Lane Full Limit Pure Spring Boulevard William Jackson Drive to Generra Mews (north intersection) Scenic Lane Drive Full Limit Shepway Mews Full Limit Spinnaker Mews Full Limit By-law No. Column 1 Column 2 Schedule 6 Through Highways Highway Limits (From/To) . ·Add Staghorn Road Full Limit Tillings Road Dersan Street to Dusty Drive William Jackson Drive Full Limit Winnville Road Full Limit Page 5 4. Schedule 7 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Highway Add Schedule 7 Stop Signs Column 2 Compulsory Stop Facing Traffic Brandy Court @ Canadian Brandy Court, eastbound Street Bruny Avenue @ Tillings Bruny Avenue, eastbound Road Bruny Avenue @ Winnville Bruny Avenue, southbound Road Bronzedale Street @ Pure Bronzedale Street, southbound Spring Boulevard Bronzedale Street @ Bronzedale Street, eastbound William Jackson Drive 45 By-law No. Page 6 Byford Street@ Generra Byford Street, eastbound Mews Byford Street@ Pure Byford Street, westbound Spring Boulevard Calico Mews @ Earl Grey Calico Mews, eastbound Avenue Calico Mews @ William Calico Mews, westbound Jackson Drive Canadian Street @ Bruny Canadian Street, southbound Avenue Canadian Street@ Dusty Canadian Street, northbound Drive Caravan Mews @ Dusty Caravan Mews, northbound Drive Caravan Mews @ Caravan Mews, southbound Spinnaker Mews Carousel Drive @ William Carousel Drive, eastbound Jackson Drive Dusty Drive @ Canadian Dusty Drive, eastbound Street (south intersection) Earl Grey Avenue Earl Grey Avenue, northbound @ William Jackson Drive (north intersection) Earl Grey Avenue Earl Grey Avenue, westbound @ William Jackson Drive (south intersection) Edgecroft Drive @ Scenic Edgecroft Drive, westbound Lane Drive Edgecroft Drive @ Tillings Edgecroft Drive, eastbound Road Elmsley Drive @ Scenic Elmsley Drive, westbound · Lane Drive Elmsley Drive @ Tillings Elmsley Drive, eastbound Road Generra Mews @ Generra Mews, northbound Bronzedale Street 46 By-law No. Column 1 Highway Add Schedule 7 Stop Signs Column 2 Compulsory Stop Facing Traffic Generra Mews @ Pure Generra Mews, southbound Spring Boulevard (south intersection) Hayden lane @ Penny Hayden Lane, eastbound Lane Hayden Lane @ William Hayden Lane, westbound Jackson Drive Kalmar Avenue@ Penny Kalmar Avenue, eastbound Lane Kalmar Avenue@ William Kalmar Avenue, westbound Jackson Drive Legian Mews @ Pure Legian Mews, northbound Spring Boulevard Liatris Drive @ Misthollow Liatris Drive, northbound Drive (west intersection) Liatris Drive@ William Liatris Drive, westbound Jackson Drive Maitland Drive @ Staghorn Maitland Drive, southbound Road Misthollow Drive @ Liatris Misthollow Drive, eastbound Drive (east intersection) Parkhurst Crescent @ Parkhurst Crescent, eastbound Liatris Drive (north intersection) Parkhurst Crescent@ Parkhurst Crescent (eastbound) Liatris Drive (south intersection) Pegasus Mews @ Bruny Pegasus Mews, southbound Avenue Page 7 47 48 By-law No. Column 1 Highway Add Pegasus Mews @ Shepway Mews Schedule 7 Stop Signs Column 2 Compulsory Stop Facing Traffic Pegasus Mews, northbound Penny Lane @ Liatris Drive Penny Lane, northbound Penny Lane @ Misthollow Penny Lane, southbound Drive Pike Court@ Pike Court, northbound Staghorn Road .;' Pure Spring Boulevard @ Pure Spring Boulevard, westbound Bronzedale Street Pure Spring Boulevard @ Pure Spring Boulevard, eastbound Generra Mews Pure Spring Boulevard @ Pure Spring Boulevard, eastbound William Jackson Drive Scenic Lane Drive @ Scenic Lane Drive, eastbound Tillings Road Scenic Lane Drive @ Scenic Lane Drive, northbound Winnville Road Shepway Mews @ Shepway Mews, westbound Canadian Street Spinnaker Mews @ Tillings Spinnaker Mews, eastbound Road Staghorn Road @ Oakwood Drive Staghorn Road @ Rosebank road Starboard Mews @ Calico Mews Starboard Mews @ William Jackson Drive Stag horn. Road, westbound Staghorn Road, eastbound Starboard Mews, southbound Starboard Mews, northbound Page 8 By-law No. Column 1 Highway Add Tally Street @ Carousel Drive Tally Street@ William Jackson Drive Teak Mews@ Edgecroft Drive Teak Mews@ Elmsley Drive Schedule 7 Stop Signs Column 2 Compulsory Stop Facing Traffic Tally Street, westbound Talley Street, eastbound Teak Mews, northbound and southbound Teak Mews, northbound and southbound Teak Mews@ Scenic Lane Teak Mews, southbound Drive Teak Mews@ Winnville Teak Mews, northbound Road Winnville Road@ Winnville Road, eastbound Canadian Street Winnville Road@ Tillings Winnville Road, eastbound Road Zents Drive @ Tillings Zents Drive, westbound Road Page 9 49 By-law No. Page 10 5. Schedule 9 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedul~ 9 Speed Limits Column 1 Column 2 Column 3 Highway Limits Speed Delete Maitland Drive Full Limit 40 km/h Add Brandy Court Full Limit 40 km/h Bronzedale Street Full Limit 40 km/h Bruny Avenue Full Limit 40 km/h Byford Street Full Limit 40 km/h Calico Mews Full Limit 40.km/h Canadian Street Full Limit 40 km/h Caravan Mews Full Limit 40 km/h Carousel Drive Full Limit 40 km/h Carousel Mews Full Limit 40 km/h Dusty Drive Full Limit 40 km/h Earl Grey Avenue Full Limit 40 km/h Edgecroft Drive Full Limit 40 km/h Elmsley Drive Full Limit 40 km/h Generra Mews Full Limit 40 km/h Hayden Drive Full Limit 40 km/h Kalmar Avenue Full Limit 40 km/h Legian Mews Full Limit 40 km/h Liatris Drive Full Limit 40 km/h 50 By-law No. Page 11 Maitland Drive Rosebank Road to 125 metres west thereof, 40 km/h Staghorn Road to 125 metres north thereof Misthollow Drive Full Limit 40 km/h Parkhurst Crescent Full Limit 40 km/h Pegasus Mews Full Limit 40 km/h Penny Lane Full Limit 40 km/h Pike Court Full Limit 40 km/h Pure Spring Full Limit 40 km/h Boulevard Scenic Lane Drive Full Limit 40 km/h Shepway Mews Full Limit 40 km/h Spinnaker Mews Full Limit 40 km/h Staghorn Road Full Limit 40 km/h Starboard Mews Full Limit 40 km/h Tally Street Full Limit 40 km/h Teak Mews Full Limit 40 k:m/h William Jackson Drive Full Limit 40 km/h Winnville Road Full Limit 40 km/h Zents Drive Full Limit 40 km/h 51 52 By-law No. Page 12 6. Schedule 10 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Column 1 Highway Delete Maitland Drive Add Brandy Court Bronzedale Street Bruny Avenue Byford Street Calico Mews Canadian Street Caravan Mews Carousel Drive Carousel Mews Dusty Drive Earl Grey Avenue Edgecroft Drive Elmsley Drive Generra Mews Hayden Drive Kalmar Avenue Legian Mews Liatris Drive Schedule 10 Heavy Traffic Prohibited Column 2 Limits (From/To) Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit By-law No. Column 1 Highway Add Maitland Drive Misthollow Drive Parkhurst Crescent Pegasus Mews Penny Lane Pike Court Pure Spring Boulevard Scenic Lane Drive Shepway Mews Spinnaker Mews Staghorn Road Starboard Mews Tally Street Teak Mews Schedule 10 Heavy Traffic Prohibited Column 2 Limits (From/To) Rosebank Road to 125 metres west thereof, Staghorn Road to 125 metres north thereof Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit Full Limit. William Jackson Drive Full Limit Winnville Road Full Limit Page 13 53 By-law No. Page 14 By-law passed this 11th day of April, 2017. David Ryan, Mayor Debbie Shields, City Clerk 54 -C~of­ PJC ERlN Report to Executive Committee Report Number: ENG 07-17 Date: April 3, 2017 From: Richard Holborn Director, Engineering Services Subject: Asphalt Resurfacing on Various City Streets, Trails and Driveways -Tender No. T-2-2017 -File: A-1440 Recommendation: 1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails & Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount of $1,487,065.99 (HST included) be amended to include an additional $33,743.30 (HST included) for expansion of the Strouds Lane Project from Foxwood Trail to Amberlea Road be accepted; 2. That the total gross project cost of $1,858,871.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $1,673,971.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $1,673,971.00 as follows: a) The sum $1,084,777.00 as approved in the 2017 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $390,315.00 as approved in the 2017 Capital Budget to be funded from the Ontario Community Infrastructure Fund (OCIF) Grant; c) The sum of $47,000.00 for the Kinsmen Park Maintenance Road be financed by undertaking an internal loan for a term of 5 year; d) The sum of $109,000.00 for the Waterfront Trail be financed by undertaking an internal loan for a term of 5 years; e) The sum of $41,655.00 as approved in the 2016 Capital Budget to be funded by a transfer from the Roads & Bridges Reserve Fund; f) The balance sum of $1,224.00 be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 55 56 ENG 07-17 Subject: Asphalt Resurfacing on Various City Streets, Trails & Driveways April 3, 2017 Page 2 Executive Summary: As part of the 2017 Capital Budget, asphalt resurfacing for the following locations were approved as construction projects: • Alwin Circle • Pickering Parkway • Glenanna Road • Strouds Lane • Dixie Road (Kingston Road north 500 metres) • Dixie Road (Maple Ridge Drive north to the north limit of Hydro Corridor) • Southview Drive • Goldenridge Road Golf Club Road, Kinsmen Park Maintenance Road (driveway) and the reconstruction of the Waterfront Trail were approved as construction projects in the 2016 Capital Budget. Tender No. T-2-2017 was issued on Wednesday, February 1, 2017 with a tender closing date of Wednesday, February 22,2017. The low bid of $1,520,809.29 (HST included) submitted by Furfari Paving Co. Ltd. is recommended for approval. The total gross project cost is estimated at $1,858,871.00 (HST included) with an estimated total net project cost of $1,673,971.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender No. T-2-2017 Recommendation 1 Sub-total HST (13%) Total 2. Estimated Project Costing Summary Tender No. T-2-2017-Tender for Asphalt Resurfacing on Various City Streets, Trails and Driveways Associated Costs Materials Testing Construction Contingency (20% ) Sub Total-Costs · HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs CORP0227-07/01 revised $1,315,987.60 29,861.33 $1,345,848.93 174,960.36 $1,520,809.29 $1,345,849.00 30,000.00 269,170.00 $1,645,019.00 213,852.00 $1,858,871.00 (184,900.00) $1,673,971.00 ENG 07-17 April 3, 2017 Subject: Asphalt Resurfacing on Various City Streets, Trails & Driveways Page 3 3. Approved Source of Funds Location Expense Code Source of Funds Budget Required Alwin Circle 5320.1711.6250 Federal Gas Tax $255,000.00 $211,980.00 Pickering Parkway 5320.1712.6250 Federal Gas Tax 260,000.00 216,625.00 Glenanna Road 5320.1714.6250 Federal Gas Tax 300,000.00 254,418.00 Strouds Lane 5320.1715.6250 Federal Gas Tax 9,685.00 6,115.00 OCIF Grant 390,315.00 390,315.00 Dixie Road -Asphalt 5320.1716.6250 Federal Gas Tax 310,000.00 258,434.00 Resurtacing Dixie Road -Final Lift 5320.1717.6250 Federal Gas Tax 80,000.00 67,900.00 of Asphalt Southview Drive 5320.1719.6250 Federal Gas Tax 55,000.00 42,409.00 Goldenridge Road 5320.1726.6250 Federal Gas Tax 35,000.00 26,896.00 Golf Club Road 5320.1517.6250 Roads & Bridges 143,060.00 41,655.00 Reserve Fund Kinsmen Park 5780.1614.6129 Internal Loan 100,000.00 47,000.00 Maintenance Road - 5 Year Watertront Trail 5323.1605.6250 Internal Loan 150,000.00 109,000.00 -5 year Property Taxes 0.00 1,224.00 ~2,088,060.00 ~1 ,673,971.00 I Net project costs (over) under approved funds $414,o89.oo I Overall, the 2017 asphalt resurtacing program on various streets, trails and driveways as a whole has an under expenditure of $414,089.00. However, two of these projects are using internal loan as a financing source and the under expenditure for these two projects results in a lower borrowed amount. The Golf Club Road project was first budgeted in 2015. Additional funding was requested in 2016. The funds from both years are now combined and carried over to 2017 under the 2015 account (5320.1517.6250), and as indicated in Table 3 above. Strouds Lane asphalt resurfacing was originally from Rosebank Road to Foxwood Trail. The tender came in significantly under budget. In order to maximize the Ontario Community Infrastructure Fund (OCIF), the project was extended from Foxwood Trail to Amberlea Road. CORP0227-07/01 revised 57 58 ENG 07-17 April 3, 2017 Subject: Asphalt Resurfacing on Various City Streets, Trails & Driveways Page 4 Discussion: As part of the 2017 Capital Budget, asphalt resurfacing for the following locations were approved as construction projects: • Alwin Circle • Pickering Parkway (Gienanna Road to Valley Farm Road) • Glenanna Road (Heathside Crescent to Dixie Road) • Strouds Lane (Rosebank Road to Amberlea Road) • Southview Drive -Final lift of asphalt • Goldenridge Road • Dixie Road (Kingston Road north 500 metres) • Dixie Road -Final lift of asphalt (Mapleridge Drive to north limit of Hydro Corridor) In addition, as part of the 2016 Capital Budget, asphalt resurfacing for the following locations were approved as construction projects: • Golf Club Road (Whitevale)-Road Realignment • Waterfront Trail-Reconstruction (Brock Road to Sandy Beach Road) • Kinsmen. Park Maintenance Road (driveway) Tender No. T-2-2017 was issued on Wednesday, February 1, 2017 and closed on Wednesday, February 22, 2017 with ten bidders responding. The low bid submitted by Furfari Paving Co. Ltd. is recommended for approval. The total gross project cost is estimated at $1,858,871.00 (HST included), with an estimated total net project cost of $1,673,971.00 (net of HST rebate). References for Furfari Paving Co. Ltd., their waste management plan and list of sub-contractors have been checked and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Regulation Form, proof of Confined Space Entry Procedure and a list of employees trained in confined space entry procedure, and a current Certificate of Clearance issued by the Workplace Safety & Insurance Board submitted by Furfari Paving Co. Ltd. have been reviewed by the Coordinator, Human Resources, and deemed acceptable. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit, and is deemed acceptable. In conjunction with staff's review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by Furfari Paving Co. Ltd., for Tender No. T-2-2017 in the amount of $1,520,809.29 (HST included), and that the total net project cost of $1,673,971.00 be approved. Attachments: 1. Supply & Services Memorandum dated February 24, 2017 2. Record of Tenders Opened and Checked 3. Location Maps CORP0227-07/01 revised r . .t l ----Ct£fl Of!---- PIC ER1 G From: Stan Karwowski Director, Finance & Treasurer Report to Executive Committee Report Number: FIN 06-17 Date: April 3, 2017 Subject: Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant Program Recommendation: 1. That Report FIN 06-17 of the Director, Finance & Treasurer regarding the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be received; 2. That the attached By-law, providing for the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be enacted; and 3. That the appropriate City of Pickering officials be authorized to take the necessary · actions as indicated in this report. Executive Summary: The Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant is a tool that allows Council to provide a degree of financial assistance by ensuring that low income seniors and persons with a disability do not face undue financial hardships. The 2017 grant amount is $200 and this represents the estimated increase in City Share property taxes from 2014 to 2017. The $200 grant amount would create a zero increase scenario (City Share only) for property taxes based on Council's first term. The principles of the program (that are included in the By- law) are based on the budget discussions and reflected in the Budget report (FIN 04-17) Recommendation #30. The individual's property tax account will be adjusted to reflect the grant amount and therefore, no cheque will be issued. The communication strategy for this program will include the use of the following tools: website, 2017 Property Tax Brochure and community page. Financial Implications: The budgetary impact of the recommendation depends on the number of eligible people who apply. As this is the first year of the program, staff have conservatively provided a budget estimate of $70,000 that equates to 350 grants. Namely, the 2017 senior and persons with a disability grant budget amount translates into 11 grants for every 1 ,000 households. It is anticipated that the grant amount will 71 Report FIN 06-17 April 3, 2017 Subject: Low I nco me Seniors and Low I nco me Persons with Disabilities Property Tax Page2 probably increase for 2018. The communication, verification, and record keeping for the grant program will be administered by the Taxation Section of the Finance Department. Discussion: When Current Value Assessment was initially introduced in 1998, the Province initially mandated that municipalities offer a property tax relief program to low income seniors and low income persons with a disability to help protect them from extreme fluctuations that could result from assessment related property tax increases. The terms of this legislation changed in subsequent revisions and in 2003 the tax relief was made into a discretionary requirement. Historically, there has been very little uptake on the Regional Deferral Program, as it is limited to assessment related tax increases over $100. Many of the applications received did not qualify, as the $100 threshold had not been met. Furthermore, seniors and persons with a disability, who were most in need of the tax relief, did not follow through with the application process, as they did not wish to have the deferral placed as a lien on their home. Pickering Solution Pickering's Council adopted a Notice of Motion on June 27, 2016 requesting the Region of Durham to review and amend its property tax relief program for low income seniors and persons with a disability. The Region reviewed Pickering's request, however, at this · current time it is not recommending a Region-wide program. Pickering's solution or property tax relief program follows the model of other lower tier municipalities who have provided some financial assistance to those seniors and persons with a disability who are in need. Pickering's low income seniors program principles are presented below: • Individual must be 65 years of age or older • The individual must apply every year • Only one application per household • The individual must have lived in Pickering for one year • The individual must own and occupy the home as their principal residence • The individual must be in receipt of the Guaranteed Income Supplement or GIS as provided under the Old Age Security Act (Canada) Pickering's low income persons with a disability program principles are presented below: • The individual must apply every year • Only one application per household • The individual must have lived in Pickering for one year 7 2 • The individual must own and occupy the home as their principal residence 74 Report FIN 06-17 Subject: Low Income Seniors and Low Income Persons with Disabilities Property Tax Recommended for the consideration ofPickerin~. ritz{. 13 ,2r>t7 Tony Prevedel, P.Eng. Chief Administrative Officer April 3, 2017 Page4 P,TTACH!'-1ENT#_J_ TO The Corporation of the City of Pickering By-law No. /17 Being a by-law to provide relief of financial hardship for low income seniors and low income persons with disabilities. Whereas Subsection 365(1) of the Municipal Act, 2001, S.0.2001, c.25, as amended, (hereinafter called the "Acf'), authorizes a local municipality to pass a by-law to provide for the cancellation, reduction or refund of taxes for eligible property owners whose taxes are considered by Council to be unduly burdensome, as defined in the by-law; and Whereas, the Council of The Corporation of the City of Pickering deems it desirable and in the public interest to enact such a by-law; Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. In this by-law, (a) "owner" means a person liable to assessment, in accordance with the provisions ofthe Assessment Act in respect of real property located within the geographic boundaries of the City of Pickering (b) "personal residence" means the residence ordinarily inhabited by the owner (c) "spouse" has the same meaning as in Part Ill of the Family Law Act (d) · "City" means The Corporation of the City of Pickering (e) 'Treasurer" means the treasurer or his/her designate of The Corporation of the City of Pickering (f) "late payment charges" means penalties and interest applied for non-payment of taxes in accordance with the Municipal Act, 2001 and City of Pickering By- laws. 2. An owner is an eligible owner for the purpose of this by-law if: (a) . The person is at the time of making the application: (i) 65 years of age or older and eligible and in receipt of the Guaranteed Income Supplement authorized under Part II of the Old Age Security Act (Canada); or (ii) Eligible for and in receipt of an allowance, benefits or income support as a person with a disability under the Ontario Disability Support Program Act, 1997; and (b) The person has been an owner for at least one year immediately preceding the year to which the grant applies. 3. A property is an eligible property for the purposes of this By-law if: 75 76 By-law No .. (a) For the purposes of the Assessment Act, it is classified in the residential property class; Page 2 . (b) It is the principal residence within the meaning of the Income Tax Act (Canada), of an owner of the property or of the spouse of an owner, and (c) Every owner of the property is either an eligible owner or the spouse of an eligible owner. 4. Upon receipt of an application submitted in accordance with section 5, 6, 7, 8 and 9 of this By-law, the Treasurer is authorized and directed to provide eligible owner(s) · of eligible properties located within the geographic boundaries of the City of Pickering, a tax rebate of two hundred dollars ($200.00) in respect of real property taxes imposed by the City on the eligible property in respect of which the tax rebate is claimed. 5. Applications shall be in a form approved by the Treasurer and shall include such supporting material as may be required by the Treasurer. 6. Applications must be submitted by an eligible owner to the Treasurer on or before August 18th of each year for which a tax rebate is claimed. 7. A separate application for a tax rebate is required to be completed for each year in respect of which a rebate is claimed. 8. An application may not be submitted by an owner in respect of more than one property in any year. 9. No more than one application may be submitted in respect of a property in any year. 10. The rebate, when approved, shall be credited to the applicant's property tax account without interest. Late payment charges that have been applied to the applicant's property tax account in advance of a rebate having been credited to the account shall not be cancelled, reduced or refunded. 11. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 12. That this By-law isto come into effect on the 11th day of April, 2017. By-law passed this 11th day of April, 2017. David Ryan, Mayor Debbie Shields, Clerk --Cdy PICKERI G Report to Executive Committee Report Number: LEG 03-17 Date: April 3, 2017 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Mattamy (Seaton) Limited (Phase I) Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement File: SP-2009-13 and L-41 00-004-15 Recommendation: 1. That Report LEG 03-17 respecting the Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement be received; 2. That the Seaton Master Parks Agreement, substantially in the form included in this Report as Attachment No. 1, be entered into by the City to govern the provision of parkland within Seaton, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 3. That the Seaton Easement Conveyance Agreement, substantially in the form included in this Report as Attachment No. 2, be entered into by the City in respect of the Matta my (Seaton) Limited Phase I subdivision (SP-2009-13), subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 4. That the form of Easement Conveyance Agreement included in this Report as Attachment No. 2, subject to revisions approved by the Director, Corporate Services & City Solicitor, be used by the City for all easements required to permit the location of storm water management ponds and facilities on Provincial lands, as needed to service other Seaton subdivisions; 5. That the said Agreements, including all future Easement Conveyance Agreements in Seaton, be executed by the Mayor and City Clerk; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: The Conditions of Draft Approval for the Seaton subdivisions require a Master Parks Agreement to be entered into to establish the process for parkland dedication in accordance with the Planning Act. The Master Parks Agreement included as Attachment No. 1 to this Report fulfills this requirement, and it has been drawn up to ensure that the City receives from the Seaton landowners all the parkland contemplated by the Seaton Neighbourhood Plans. Staff recommend that it be approved. Some of the storm water management ponds in Seaton are located within the Province's natural heritage system lands. The City's Financial Impacts Agreement requires the Province to grant 77 LEG 03-17 April 3, 2017 Subject: Seaton Master Parks and Seaton Easement Conveyance Agreements Page 2 irrevocable easements to permit the location of the City's storm water management ponds on Provincial lands, as required for the various Seaton subdivisions. The Easement Conveyance Agreement included as Attachment No. 2 to this Report has been negotiated by City staff to allow for City ponds to be located on Provincial lands. It is in acceptable form, and staff recommend that it be approved for use in the Mattamy (Seaton) Limited subdivision SP-2009-13 and for use as a template for future subdivisions in Seaton, as required. Financial Implications: There are no direct financial implications associated with this Report. Discussion: Master Parks Agreement On March 25, 2013, the Ontario Municipal Boa~d approved the Neighbourhood Plans for Seaton. The Neighbourhood Plans show the location of the parks in Seaton. Pursuant to the Neighbourhood Plans, the landowners within Seaton will provide 55.194 hectares of parkland to the City. On December 2, 2013, the Ontario Municipal Board approved the Conditions of Draft Approval for the Seaton Plans of Subdivision, including Subdivision SP-2009-13. Condition No. 16 specifies that a Seaton Master Parks Agreement be entered into to establish the requirements and process for parkland dedication in accordance with the Planning Act for the Seaton neighborhoods. City staff have negotiated the terms of a Seaton Master Parks Agreement. The basic format of the Agreement is similar to the City's existing Duffin Heights Master Parks Agreement. The Agreement contains provisions which ensure that the City receives all the parkland to which it is entitled, even if there are minor revisions to the area and configuration of any park as the plans of subdivision are finalized and registered. Staff recommend that the form of Master Parks Agreement included as Attachment No. 1 to this Report be approved by Council and executed. Easement Conveyance Agreement 78 The Neighborhood Plans for Seaton also describe the location of the storm water management ponds necessary for the safe and orderly development of Seaton. Approximately 27 of the storm water management ponds are located within natural heritage system ("NHS") lands owned by the Province of Ontario. In 2015, the City approved the Seaton Landowners Group and City of Pickering Financial Impacts Agreement (Resolution No. 24/15). Pursuant to the Financial Impacts Agreement, the Province has agreed to grant to the City irrevocable easements in perpetuity to allow the City's storm water management works to be located within the Province's NHS lands. City staff have now negotiated a form of Easement Conveyance Agreement for that purpose. The form of Easement Conveyance Agreement included as Attachment No. 2 to this Report is in acceptable form, and staff recommend that it be approved by the City and executed. Staff also recommend that it be used, subject to necessary revisions approved by the Director, Corporate CORP0227-07/01 revised 80 ATTAcHMENT#. I To REPORT# Le/'~ o 3 -~I' SEATON COMMUNITY _ _:__ ~I r MASTER PARKs AGREEMENT j .of. J Lj- THIS AGREEMENT is made this+ day of+, 2017. BETWEEN: RECITALS: THE CORPORATION OF THE CITY OF PICKERING (hereinafter referred to as the "City"), HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTER OF INFRASTRUCTURE (hereinafter referred to as the "Province"), LEBOVIC ENTERPRISES LIMITED (hereinafter referred to as "Lebovic"), 1133373 ONTARIO INCORPORATED (hereinafter referred to as "Lebovic 2"), OAK RIDGES SEATON INC. (hereinafter referred to as "Oak Ridges"), ZAVALA DEVELOPMENTS INC. (hereinafter referred to as "Zavala 1"), ZAVALA DEVELOPMENTS INC., in Trust, (hereinafter referred to as "Zavala 2"), MATT AMY (SEATON) LIMITED (hereinafter referred to as "Mattaniy"), WHITE SUN.DEVELOPMENTS LIMITED (hereinafter referred to as "White Sun") and NORTH PICKERING COMMUNITY MANAGEMENT INC. (hereinafter referred to as the 'Trustee") A, Lebovic, Lebovic 2, Oak Ridges, Zavala 1, Zavala 2, Mattamy and White Sun are each corporations incorporated pursuant to the laws of the Province of Ontario, and, together with the Province, are individually referred to as an "Owner'' and collectively referred to as the "Owners". B. By Order-in-Council No. 219/2015, approved and ordered February 18, 2015, all the powers and duties of the Minister of Infrastructure under Order-in- Council No. 1376/2011 relating to infrastructure and real property.matters of the Government of Ontario were assigned and transferred to the Minister of Economic Development, Employment and Infrastructure (now known as the "Mini!!ter of Infrastructure"). C. The Owners are the owners of land in the City of Pickering in the Regional Municipality of Durham in an area known as the Seaton Community ("Seaton"), as depicted on Schedule "A-1", and the individual land holdings of each Owner ·in Seaton are described in Scheduler"A-2" and hereinafter individually referred to as an Owner's "Lands". D. The Trustee is named as the trustee of the Owners pursuant to an agreement known as the North Pickering Community Amended and Restated Cost Sharing Agreement dated November 26, 2015 (the "Seaton CSA"). E. Seaton 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"). F. The policies of the CPDP contemplate that the development of Seaton will be implemented through the preparation and adoption of Neighbourhood Plans as amendments to the City's Official Plan. In furtherance of the foregoing, as of the date of this Agreement, the following have been approved: (1) an amendment to the City's ·official Plan containinga comprehensive set of Neighbourhood Plan policies and map amendments for the purpose of implementing the CPDP forSeaton ("OPA 22"); and (2) a Zoning By-law applicable to Seaton and draft plans of subdivision in respect of the Lands of each of the Owners except for the Province (subject to the fulfillment of conditions of draft approval). G. The City is entitled to the conveyance of land for park or other recreation purposes pursuant to sections 42 and 51.1 of the Planning Act, R.S.O. 1990, c. P-13, as amended (the "Planning Act") as a condition of the approval of a Plan of Subdivision, or as a condition of other development or redevelopment ("Development"). H. Pursuant to the conditions of draft approval applicable to each of the Owners' Lands and in conjunction with the Seaton CSA, each Owner must enter into this Agreement and comply with the requirements and process for implementing the park dedication requirements of the Planning Act on a comprehensive basis for Seaton, for the purpose of providing the City with parkland adequate to facilitate the development of Seaton as contemplated by OPA22. I. The Owners and the City have determined that a total of 55.194 Ha of parkland will be adequate to service the development of Seaton pursuant to OPA 22 and to fulfill the Owners' total obligations to convey land in Seaton for park or other recreation purposes pursuant to the Planning Act, and that additional parkland in Seaton will only be required if future Official Plan amendment allows development of greater density than is contemplated by OPA 22. J. The parties have entered into this Agreement to confirm the terms upon which all parkland in Seaton will be transferred to the City. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the PARTIES HEREBY COVENANT AND AGREE as follows: ARTICLE 1 PARKLAND OBLIGATIONS 1.1 Agreement governs parkland obligations in Seaton -This Agreement constitutes the parties' agreement to address, on a comprehensive basis for Seaton, all requirements to convey land for park or other recreation purposes, pursuant to the Planning Act. All parkland conveyance obligations affecting all owners of land in Seaton shall be governed by the terms of this Agreement unless and until additional development density or change in use is permitted by any future Official Plan amendment (in which case, the individual Owner who obtained approval of such Official Plan amendment for its Lands shall be solely responsible to satisfy the City directly for any additional ·parkland obligation). 1.2 Creditable Parkland :.. The dedication of land for park or other recreation . purposes pursuant to the Planning Act shall be satisfied on a comprehensive basis in Seaton by the dedication of land that is eligible for a parkland credit in accordance with Policy 11.13 of OPA 22 that is designated as: (a) Community Parks; (b) Neighbourhood Parks; (c) Recreation Centres; and (d) Village Greens; 2 81 82 (e) Trail Heads depicted as Blocks within any plan of subdivision; and (f) Urban Squares, (individually and collectively, "Creditable Parkland"). The anticipated locations of Creditable Parkland in Seaton are schematically depicted in Schedule "B" attached hereto. 1.3 Seaton Parkland Obligation-The lands that will be dedicated to the City as Creditable Parkland in accordance with this Agreement collectively represent ·the total amount of Creditable Parkland that is required to be dedicated in fulfillment of the parkland dedication requirements of the Planning Act for the whole of Seaton (the "Seaton Parkland Obligation") pursuant to OPA 22. The parties acknowledge and agree that the methodology for the calculation of the total Seaton Parkland Obligation is set out in the column labelled "Dedication Basis" in Schedule "C" attached hereto, and such methodology is not subject to revisio!} or adjustment 1.4 Direct obligation to City for OPA for increased density-In the event that any indiVidual Owner obtains approval of an amendment to OPA 22 to permit any of its Lands in Seaton to be developed with a greater density than what is permitted pursuant to OPA 22, the individual Owner who obtained approval of such Official Plan amendment for its Lands shall be solely responsible to satisfy the City directly for any additional parkland obligation (or cash-in-lieu thereof) that is required by the City. For greater certainty, the City may only require any additional parkland obligation from such an Owner in respect of any such additional density and, in such circumstance, such individual Owner shall convey additional parkland to the City or pay the City directly for any such obligation. ARTICLE2 PARKLAND DEDICATIONS 2.1 Parks. on Neighbourhood Plans-The parties acknowledge that the currently anticipated locations of Creditable Parkland as depicted on Schedule ~B" are shown schematically, and that the exact size, location and configuration of each park to be dedicated as Creditable Parkland shall be confirmed through the Development process to the reasonable satisfaction of the City. For purposes of this Agreement, "Development" includes the registration of plan of subdivision or plan of condominium, obtaining a land division approval and/or executing a site plan control agreement. 2.2 Further adjustments -The exact size, location and configuration of all land to be dedicated as Creditable Parkland will be confirmed through the Development process, provided, however, that in no event wm the OWners transfer to the City less than a total of 55.194 Ha of parkland in respect of the development of Seaton pursuant to OPA 22. ARTICLE3 CONDITION OF PARKLAND 3.1 Delivery of Creditable Parkland-Each Owner shall, as a condition of its Plan of Subdivision or other Development approval, be required to convey or dedicate Creditable Parkland that is located on its own Lands at no cost and free of any encumbrances to the satisfaction of each Owner shall obtain approval from the City for the final location, size and configuration of the Creditable Parkland located on its Lands no later than the approval date for the applicable Development plan. 3.2 Park improvements -All Creditable Parkland that is conveyed to the City pursuant to this Agreement shall: (a) be rough graded to the City's satisfaction in accordance with grading plans approved by the City; (b) be provided with appropriate topsoil to the City's standards; 3 (c) be remediated so that it complies with the soil condition standards for parkland use as provided for in the Environmental Protection Act, R.S.O. 1990, c. E. 19 and Regulations thereunder, or such other standards issued by the Ministry of Environment from time to time; and (d) be serviced with road frontage and service connections installed to the Creditable Parkland boundary to the City's standards, prior to the date of conveyance to the City, .or at such later date as may be acceptable to the City on terms satisfactor-Y to the City including, without limitation, in respect of financial security for such obligations. 3.3 Additional improvements subject to credit-The City shall not require any Owner that conveys Creditable Parkland pursuant to this Agreement to undertake any other improvements to such Creditable Parkland beyond those described in Section 3.2, provided that the City may make distinct arrangements with individual Owners to undertake or provide improvements to such Creditable Parkland on terms satisfactory to the City, which terms may include the provision of credits pursuant to the Development Charges Act, 1997, S.O. 1997, c.27. The City agrees that it shall not impose restrictions on the use of such credits and therefore such credits may be used to satisfy any Development Charge imposed by the City. ARTICLE 4 IMPLEMENTATION AND PARTICIPATION 4.1 Implementation -In recognition of the agreement among the parties that this Agreement shall address the delivery of Creditable Parkland in Seaton on a comprehensive basis: (a) The Owners acknowledge that the City is not a party to the CSA and shall in no way be liable to any person under the CSA in respect of parkland contributions or any other matter; (b) No individual Owner shall seek any compensation from the City for Creditable Parkland from its Lands that is conveyed to the City pursuant to this Agreement, regardless of whether the area of land conveyed exceeds the area of land that the City would be entitled to for an individual Development plan pursuant to applicable law. Rather, the parties agree that such individual Owner shall be compensated for any such over-contribution pursuant to the Seaton CSA; and (c) Subject to Section 1.4, other. than the conveyance of Creditable Parkland pursuant to this Agreement, the City shall not require any individual Owner to convey any land for parks nor to pay cash-in-lieu of parkland pursuant to the Planning Act, regardless of whether the City would be entitled to any such additional conveyance or payment for an individual Development plan pursuant to applicable law. Rather, subject to Section 1.4, the parties acknowledge that parkland contributions from Owners who are not dedicating Creditable Parkland are being addressed pursuant to the Seaton CSA. ARTICLE 5 GENERAL PROVISIONS 5.1 Successors and assigns -The Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs, successors and permitted assigns. 5.2 Assumption by successors and assigns-Any successor in title to any party shall be bound by the terms of this Agreement as if it were an original signatory to this Agreement. Each Owner 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, provided, however, that this provision shall not apply to the purchasers of individual lots or blocks or parts thereof which are sold for 4 83 84 personal use both with dwellings erected thereon. Any agreement of purchase and sale entered into by any party included within the Owners' Lands shall require that, as a condition to the completion of the transaction, the purchaser shall execute an agreement in a form satisfactory to both the Trustee and the City that such transferee shall be bound by the provisions of this Agreement. Such assumption agreement is to be executed by the Trustee, and the transferor and transferee of any Lands. 5.3 Entire agreement -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, promise!:l, 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, warranties, promises, 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 for the purpose of clarification, this Agreement does not amend or alter the XXX. 5.4 Partial invalidity-In the event that any provision or any part of any provision hereof is deemed to be invalid by reason of the operation of law or by reason of the interpretation placed thereon by a court, this Agreement shall be construed as not containing such provision or such part and such severance shall not affect the validity of any other provision or the remainder of such provision hereof and all of the provisions hereof which are otherwise lawful and valid shall remain in force and effect. 5.5 Amendments-The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto. 5.6 Notice particulars -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 "D" provided that, where mailed, it shall be deemed to be received on the fifth Business Day following the date of mailing. 5.7 No partnership-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. 5.8 Execution in counterpart-This Agreement may be executed in one or more counterparts and all counterparts executed and once delivered to the City by all of the parties shall together constitute a full, original and binding agreement for all purposes. Counterparts may be executed either .in original or electronically transmitted form and such electronic signature shall be treated · for all purposes as an original signed execution of the party. · 5.9 Currency-All references to currency in this agreement shall be references to Canadian dollars. 5.10 Genders -Words importing gender include all genders. 5.11 Singular-Words importing the singular include the plural, and visa versa. 5.12 Headings-The captions and headings contained herein are for reference only and in no way affect this Agreement or its interpretation. 5.13 Timing -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. 5 5.14 Applicable law -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. 5.15 Assurances -The Owners shall execute such further assurances as may be reasonably necessary to give effect to this Agreement. 5.16 Schedules -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-1" Schedule "A-2" Schedule "8-1" Schedule "8-2" Schedule ·c· Schedule "D" Plan Depicting Owners' Lands in Seaton Legal Descriptions of Owners' Lands Neighbourhood Plan Maps Forming Part of OF,' A 22 Current Anticipated Locations of Creditable Parkland Calculation of Seaton Parkland Obligation Notice Particulars [REMAINDER OF THIS PAGE L!=FT BLANK INTENTIONALLY] 6 85 86 IN WITNESS WHEREOF the parties hereto have duly executed·this Agreement 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. 7 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTER OF INFRASTRUCTURE Per: Name: Title: Per: Name: Title: 1/VI!e have authority to bind the Corporation. 8 87 LEBOVIC ENTERPRISES LIMITED Per: Name: Title: Per: Name: Title: 1/We have authority to bind the Corporation. 1133373 ONTARIO INCORPORATED Per: Name: Title: Per: Name: Title: 1/We have authority to bind the Corporation. 9 88 OAK RIDGES SEATON INC. Per: Name: Title: Per: Name: Title: INVe have authority to bind the Corporation. 10 89 ZAVALA DEVELOPMENTS INC. Per: Name: Title: Per: Name: Title: 1/We have authority to bind the Corporation. ZAVALA DEVELOPMENTS INC., in Trust Per: Name: Title: Per: Name: Title: 1/We have authority to bind the Corporation. 11 90 MATT AMY (SEATON) LIMITED Per: Name: Title: Per: Name: Title: IM/e have authority to bind the Corporation. 12 91 · WHITE SUN DEVELOPMENTS LIMITED Per: Name: Title: Per: Name: Title: 1/We have authority to bind the Corporation. 13 92 NORTH PICKERING COMMUNITY MANAGEMENT INC. Per: Name: Title: Per: Name: Title: INI/e have authority to bind the Corporation. 14 93 94 Dated this BETWEEN: ATTACHMENT# c;< TO REPORT# ;( E 9 D 3----/-:::;--- / .of. 3/ EASEMENT CONVEYANCE AGREEMENT day of '20 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION (hereinafter called the "Grantor") -and- THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "Grantee") -:and- MATTAMY (SEATON) LIMITED (hereinafter called the "Developer") RECITALS: A. The Grantor is the registered owner in fee simple of certain lands in the City of Pickering, in the Regional Municipality of Durham, defmed as the "Easement Lands" in Section 1 (g) of this Agreement. B. Ontario Infrastructure and Lands Corporation ("IO") confirms that it is the designated agent of the Grantor and has the authority to exercise _all rights of the Minister of Infrastructure and that both the Grantor and IO are and shall be bound by all the Grantor's covenants, representations and warranties as provided herein. C. The Grantee is acquiring for consideration a non-exclusive permanent easement (the "Easement") upon, under, along, over and across the Easement Lands for the purposes of constructing, installing, repairing, replacing, operating and maintaining a storm water management facility on the Easement Lands and grading and other facilities appurtenant thereto (hereinafter called ''the Works"). D. The Developer is performing the Works and the Grantee will assume the Works as required by a subdivision agreement between the Grantee and the Developer. 2 IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration paid, the Grantor, the Grantee and the Developer hereto agree as follows: DEFINITIONS 1. As used in this Agreement, the following terms shall have the following meanings: (a) "Agreement" means this agreement, Schedules "A", "B", "C", "D", "E" and "F" and every properly executed instrument that by its terms amends, modifies or supplements this agreement. (b) "Authority" means any governmental authority, quasi-governmental authority, agency, body or department whether federal, provincial, regional or municipal, having jurisdiction over the Easement Lands, or the use thereof. (c) "Consideration" means the sum of two ($2.00) Dollars of lawful money of Canada, exclusive of Harmonized Sales Tax ("HST"), subject to any adjustments expressly contemplated herein, as the consideration for the Easement to be paid by the Grantee to the Grantor. (d) "Costs" shall have the meaning ascribed to it in Section 5(a) hereof. (e) "Date of Closing" means the day that is ten (10) days following the fulfillment of the Grantee's Condition contained in Section 8 hereof. (f) "Easement" shall have the meaning ascribed to it in Recital C hereof. (g) "Easement Lands" means those lands located in the City of Pickering, in the Regional Municipality of Durham, as shown at Schedule "A" hereof, as may be amended pursuant to Section 14 hereof. (h) "Environmental Contaminant" has, for the purposes of this· Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and shall include the requirements of any and all guidelines and/or policies issued by the Ontario Ministry of the Environment and/or the Ministry of Labour). (i) "Grantee's Condition" has the meaning ascribed to such term at Section 8 hereof. G) "Land Use Regulations" means any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Easement Lands including the existing Official Plans, zoning by-laws and zoning orders. (k) "Permitted Encumbrances" means the encumbrances listed in Schedule "D" to this Agreement. 95 96 3 (1) "Reference Plan" means a plan deposited under Section 150 of the Land Titles Act (Ontario) or Section 80 or 80 of the Registry Act (Ontario). (m) "Works" shall have the meaning as set forth in Recital C hereof. GRANT OF EASEMENT AND CONSIDERATION 2. Under this Agreement the Grantor agrees to grant to the Grantee and the Grantee agrees to purchase from the Grantor the Easement on the terms and conditions set forth herein, including the terms of the Easement included at Schedule "B" hereof, for the Consideration payable by the Grantee to the Grantor by uncertified cheque or bank draft as follows: the sum of two ($2.00) Dollars of lawful money of Canada, exclusive of ("HST"), subject to adjustment as expressly set out herein, in lawful money of Canada, by uncertified cheque, payable to the Grantor's solicitor, in trust. PAYMENT OF TAXES AND FEES 3. The Consideration for the Easement does not include HST payable by the Grantee in respect of the purchase of the Easement pursuant to the Excise Tax Act, R.S. 1985, c. E.l5 (Canada), as amended, (the "Act"). The Grantee agrees to pay to the Grantor, on the Date of Closing, as a condition of completion of this transaction of Grant of Easement, by certified cheque or bank draft, all HST payable as a result of this transaction in accordance with the Act, if any. 4. The Grantee shall be responsible for the payment of Land Transfer Tax, if any, and registration fees and any other taxes and fees, payable in connection with the registration of the Transfer of Easement of the Easement Lands. 5. (a) The Developer shall be responsible for payment of all costs, fees and expenses incurred by the Grantor, including without limitation, all legal fees and disbursements, survey costs, consultant fees, appraisal fees and any other fees and costs incurred by the Grantor in respect of the transaction (the "Costs"), notwithstanding the completion or other termination of the transaction contemplated herein. (b) After Closing, the Developer shall reimburse the Grantor for all Costs not paid at Closing as evidenced by copies of invoices, which sums shall be due and payable immediately upon receipt of the said invoices, notwithstanding the completion or other termination of the transaction contemplated herein. 6. The Developer agrees to reimburse the Grantee ·for all costs and expenses incurred by the Grantee pursuant to this Agreement including but not limited to due diligence costs, title and off-title search costs and costs incurred pursuant to Section 2, 3 and 4 hereof. INSPECTION AND CONDITION 7. (a) 8. (b) (a) 4 The Grantee acknowledges having inspected the Easement Lands prior to executing and submitting this Agreement to the Grantor and agrees to accept the Easement over the Easement Lands on an "as-is, where-is" basis and understands that upon acceptance of this Agreement by the Grantor, there shall be, subject to the fulfillment of the conditions contained in Sections 8 and 9, a binding Agreement between the Grantor and the Grantee. The Grantee acknowledges that the Easement Lands are located within a Natural Heritage System as identified and defined by the Central Pickering Development Plan as enacted pursuant to the Ontario Planning and Development Act, 1994 and are therefore subject to strict land use limitations. The Grantee agrees to purchase the Easement over the Easement Lands in its current condition, on an "as-is, where-is" basis, subject to the provisions of this Agreement and further agrees that the Grantor shall not be obligated to perform any work in order to bring the Easement Lands, or any part thereof, into compliance with any applicable standards of any relevant Authority. The Grantee further agrees not to make any claim against the Grantor in respect of any of such work that may be required in order to bring the Easement Lands or any part thereof into such compliance. (b) The Grantor and Grantee agree that there is no condition, expressed or implied, nor representation or warranty of any kind as to the zoning, Land Use Regulations or use of the Easement Lands by the Grantee or that the future intended use of the Easement Lands by the Grantee is or will be lawful except as may be specifically stipulated elsewhere in this Agreement. ·' (c) The Grantor makes no representations or warranties of any kind, either expressed or implied, as to the condition of the soil, the subsoil, the ground and surface water or any other environmental matters or site conditions of the Easement Lands or the condition of any structures, if any, or any other matters respecting the site whatsoever. The Grantee shall accept the Easement Lands and any improvements thereon, on an "as is, where-is" condition. (d) Sections 7 (a)-(c) of this Agreement shall not merge but shall survive the closing of this Agreement and shall be a continuing obligation of the Grantee. GRANTEE'S CONDITION 9. This Agreement is subject to the condition set forth in this Section that has been inserted for the benefit of the Grantee and may not be waived by the Grantee. If the condition is not fulfilled within the applicable time period, and the Grantee fails to notify the Grantor or the Grantor's solicitors that the condition has been satisfied within the applicable time period allowed, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations. 97 98 5 The condition set out in this Section is a condition of the obligation of the Grantee and the Grantor to complete this Agreement on the Date of Closing and is not a condition precedent to the existence or enforceability of this Agreement. The said condition (the "Grantee's Condition") is as follows: (a) The Grantee has obtained the necessary approval(s) to acquire the Easement and the necessary approvals.and/or consent(s) from any applicable Authorities, other easement holders and other third parties with interests in the Easement Lands so as to allow the Grantee to accept the grant of Easement. GRANTOR'S CLOSING CONDITION 10. This Agreement is subject to the condition set forth in this Section that has been inserted for the benefit of the Grantor and may not be waived by the Grantor. If the condition is not fulfilled within the applicable time period, and the Grantor fails to notify the Grantee or the Grantee's solicitors that the condition has been satisfied within the applicable time period allowed, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations. The condition set out in this Section is a condition of the obligation of the Grantor and the Grantee to complete this Agreement on the Date of Closing and is not a condition precedent to the existence or enforceability ofthis Agreement. The said condition is as follows: (a) The Grantor has obtained all necessary approval(s) to grant the Easement as contemplated by this Agreement. GRANTOR'S ENVIRONMENTAL CONDITION 11. Notwithstanding any other provision of this Agreement, the completion of the granting of the Easement is subject to continuing compliance to the Date of Closing, with the Environmental · Assessment Act (Ontario) and the class environmental assessment process applying to IO or the Management Board Secretariat that has been approved by the Minister of the Environment, in each such case as they apply to the Easement Lands and grant of the . Easement contemplated by this Agreement (collectively, the "Environmental Requirements") and in the event that prior to the Date of Closing: (a) any Authority makes or issues any order or directive pursuant to the Environmental Requirements that necessitates that the Grantor, in addition to the actions and measures taken aforesaid, take other or different actions or measures to comply with the Environmental Requirements (including, without limitation, an order or directive requiring the Grantor to comply with Part II of the Environmental Assessment Act); or 6 (b) the Grantor receives any notice or communication from any such Authority that it is considering whether to make or issue any such order or directive; or (c) a written request has been made to the Minister of the Environment, of which the Grantor has notice, that other or different measures be taken to comply with the Environmental Requirements; then the Grantor may, at its option and in its sole discretion, extend the Date of Closing for at ' least an additional further one hundred and twenty (120) day period during which time the Grantor shall: (d) determine if the request in subsection (c) above has been satisfied or has been refused; (e) comply with such order or directive (as the same may be modified or withdrawn) at its own expense, in which event it may further extend the Date of Closing up to (but no more than) three times, for a further thirty (30) days each (for a maximum of ninety (90) days in the aggregate); or (f) have the right to terminate this Agreement by written notice to the Grantee, in which case this Agreement shall be null and void and of no further force or effect and, other than the Costs and the Developer's other obligations set out in Section 5, neither party shall be further liable to the other pursuant to this Agreement. If at any time prior to the Date of Closing the Grantor receives notification or otherwise becomes aware of any claim or potential claim whatsoever for an interest in respect of the Easement Lands, by any First Nation or other aboriginal group or individual, in relation to any constitutional right, treaty right, land claim, surrender agreement or consultation right, including, without limitation, an interest in the title to the Easement Lands, a right to the use of the whole or any part of the Easement Lands, a restriction on the use of the Easement Lands or any part thereof for any purpose, a restriction on access to the Easement Lands or any part thereof, a claim for compensation, arising out of any interest or claimed interest in the Easement Lands or a right of consultation in relation to the Easement Lands, then the Grantor · may at its option and in its sole and unfettered discretion extend the Date of closing up to three (3) times for a period of sixty (60) days each time (one hundred and eighty (180) days in the aggregate) by notice in writing to Grantee during which time the Grantor shall: (a) determine in its sole and unfettered discretion if such claim, potential claim or interest is capable of being satisfied or appropriate releases can be obtained from all interested parties to enable the Grantor to complete the conveyance of the Easement over the Easement Lands to the Grantee by the Closing Date free and clear of any such claim, potential claim or interest; or (b) have the right to terminate this Agreement by written notice to the Grantee in which case the Agreement shall be null and void and of no further. force and effect and 99 7 neither party shall be further liable to the other pursuant to this Agreement other than the Developer's obligations pursuant to Section 5 of this Agreement. WARRANTIES, REPRESENTATIONS AND COVENANTS 12. (a) The Grantee and the Developer each warrant and represent to the Grantor and hereby declare that neither of them has a conflict of interest with the Grantor or I 0 or with any of their respective directors, officers, appointees, employees or agents and the Grantee and the Developer has each provided a Statutory Declaration in the form attached hereto as Schedule "C" at the date of this Agreement. The Grantee and the Developer each acknowledge that in the event that the information upon which the Statutory Declaration was provided has changed, they shall inform the Grantor of such change up to and including the Date of Closing. (b) The Grantee shall not permit on the Easement Lands, at any time, the presence of any Environmental Contaminant (as hereinbefore defmed), except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by-laws. (c) Without limiting the generality of the foregoing, the Grantee shall comply with the r terms of the Permitted Encumbrances, any agreement entered into by the Grantor with any Authority relating to the Easement Lands, all other agreements relating to public utilities and municipal services, the Land Use Regulations, all relevant municipal by- laws and all registered restrictions. The Grantee further agrees and acknowledges that it shall be bound by any contractual obligations which the Grantor may have entered into concerning the Easement prior to the Date of Closing. PLANNING ACT 13. The parties acknowledge that the Grantee is, by virtue of clause 5 0(3 )(C) of the P Ianning Act. (Ontario) as amended, exempt from compliance with the requirements of Section 50 and the Grantee represents and warrants that no consent will be required for the conveyance or transfer of the Easement to the Grantee. · TITLE 14. (a) The Grantee shall have until fifteen (15) days prior to the Closing Date to investigate title to the Easement Lands at the Grantee's expense. The Grantee agrees not to call for the production of any title deed, abstract, survey or ·other evidence of title to the Easement Lands except as set out in this Agreement. (b) On the Date of Closing, the Grantee shall accept title subject to: 100 (i) all registered agreements, leases, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities of adjoining owners or third parties, or that otherwise run with the Easement 8 Lands provided that the foregoing do not interfere with the Works as intended by the Grantee; (ii) any encroachments as may be revealed by an up-to-date survey; and (iii) all other Permitted Encumbrances. (c) If, within the specified time allowed for examining title to the Easement Lands, the Grantee furnishes the Grantor in writing with a valid objection to title which the Grantor is unwilling or unable to remove, remedy or satisfy and which the Grantee will not waive, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection and the Grantor shall not be liable for any costs or damages suffered by the Grantee arising out of such termination or otherwise out of this Agreement. (d) The Grantee agrees to satisfy itself with respect to compliance with all such agreements, easements, leases, restrictions, rights or covenants referred to herein and agrees that the Grantor. shall not be required to provide any evidence of compliance with same. REFERENCE PLAN 15. The Developer agrees to prepare and deposit a Reference Plan indicating thereon the Easement Lands. The Grantee and the Developer agree that the Reference Plan registered pursuant to this Section will include the Easement Lands as shown on Schedule "A" subject only to minor and inconsequential amendments. Prior to depositing such Reference Plan, the Developer should first provide a draft to the Grantee and Grantor for their prior written approval to be obtained in advance of depositing the Reference Plan in the appropriate Land Titles Office. Upon deposit of the Reference Plan as provided for in this Section the definition of the Easement Lands shall be deemed to be ,amended as set forth on the agreed and deposited Reference Plan. CLOSING DELIVERABLES 16. (a) The Grantor covenants that it will deliver to the Grantee on or before the Date of Closing each of the following: (i) possession of the Easement Lands in an "as-is, where-is" condition; (ii) an executed Transfer of Easement for the Easement Lands (through the Teraview electronic registration program), in registerable form, in. favour of the Grantee (save for any Land Transfer Tax Affidavit); (iii) a direction re funds; (iv) Document Registration Agreement (where necessary); and 1 01 102 9 (v) such other deeds, conveyances, and other documents as the Grantee or its solicitors may reasonably require in order to implement the intent of this Agreement. (b) The Grantee covenants that it will deliver to the Grantor on or before the Date of Closing: (i) a direction as to title, if necessary; (ii) evidence of receipt ofthe approvals and/or consents as provided for in Section 8(a) of this Agreement; (iii) Statutory Declaration referred to in Schedule "C" (Note: An updated Statutory Declaration in the form set out in Schedule "C" is required in the event that there has been any changes to the information contained in the Statutory Declaration provided to the Grantor prior to the date of execution of this Agreement pursuant to Section 11(a); (iv) Document Registration Agreement (where necessary); (v) an Acknowledgement and Indemnity with respect to all matters in Section 11, in the form and substance attached herein as Schedule "E"; and (vi) such other deeds, conveyances resolutions and other documents as the Grantor or its solicitors may reasonably require in order to implement the intent of this Agreement. (c) Upon submission of this Agreement to the Grantor, the Grantee and the Developer shall deliver to the Grantor the following: (a) an executed declaration of non-conflict substantially in the form annexed hereto as Schedule "C". (d) The Developer covenants that it will deliver to the Grantor on or before the Date of Closing: (i) a certified cheque or bank draft for the balance of the Consideration due on the Date of Closing and any of the Costs that have been determined on the Date of Closing; (ii) Statutory Declaration referred to in Schedule "C" (Note: An updated Statutory Declaration in the form set out in Schedule "C" is required in the event that there has been any changes to the information contained in the Statutory Declaration provided to the Grantor prior to the date of execution of this Agreement pursuant to Section 10(a); 10 (iii) An Undertaking re payment of costs in substantially the form attached hereto as Schedule "F"; and (vii) such other deeds, conveyances resolutions and other documents as the Grantor or its solicitors may reasonably require in order to implement the intent of this Agreement. ELECTRONIC REGISTRATION 1 7. Where the Easement Lands are in an area where electronic registration is mandatory and the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L.4, and the Electronic Registration Act, S.O. 1991, c.44, and any amendments thereto. The Grantor and the Grantee acknowledge and agree that the exchange of closing funds, non-registerable documents and other items (the "Requisite Deliveries") and the release thereof to the Grantor and Grantee will: (a) not occur at the same time as the registration of the transfer/deed of easement (and other documents intended to be registered in· connection with the completion of this transaction,) and (b) be subject to conditions whereby the lawyer(s) rece1vmg any of the Requisite Deliveries will be required to hold them in trust and not release same except in accordance with. the terms of a· document registration agreement between the said lawyers. The Grantor and the Grantee irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time by the Law Society of Upper Canada (the "Document Registration Agreement"). Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both lawyers. PREPARATION OF DOCUMENTS 18. The Transfer/Deed of Easement for the Easement Lands, shall, inter alia, contain the terms and conditions attached hereto as Schedule "B". The Transfer/Deed of Easement for the Easement Lands will be prepared by the Grantor, except for the Affidavit of Residence and Value of the Consideration, which will be prepared by the Grantee. ASSIGNMENT OR REGISTRATION 19. Neither the Grantee nor the Developer shall assign or register this Agreement or any assignment of this Agreement, or any part of either, or register a caution in r~lation thereto, without first obtaining the prior written consent of the Grantor, which consent will not be unreasonably withheld. 103 11 TENDER 20. Any tender of money or documents pursuant to this Agreement may be made on the Grantor or the Grantee or their respective solicitors. Money must be tendered by bank draft or negotiable cheque certified by a Canadian chartered bank or trust company, provided that any payments to be made by the Grantor under this Agreement may be made by an uncertifkd cheque or bank draft. NOTICE 21. Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or facsimile to the Grantee at: 104 The Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: General Counsel Telephone: (905) 420-4660 Facsimile: (905) 420-9685 and to the Grantor at: c/o Ontario Infrastructure and Lands Corporation 1 Dundas Street West, Suite 2000 Toronto, Ontario, M5G 2L5 Attention: General Counsel Telephone:· Facsimile: (416) 327-3937 (416) 327-3942 and the Grantor's solicitor at: Chappell Partners LLP Suite 3310,20 Queen Street West Toronto, Ontario M5H 3R3 Attention: David M. Flynn Telephone: (416) 351-0005 Facsimile: (416) 351-0002 and to the Developer at: Mattamy (Seaton) Limited 7880 Keele Street FIPPA Unit 3, Suite 500 Vaughan, Ontario L4K4G7 Attention: Craig Scarlett Telephone: Facsimile: (905) 907-8372 (905) 907-8300 and the Developer's solicitor at: Joseph & O'Donoghue LLP Suite 1301,2200 Yonge Street Toronto, Ontario M4S 2C6 Attention: Adam W. Joseph Telephone: (416) 932-0545 Facsimile: (416) 932-0541 12 or at such other addresses as the Grantor, the Grantee or the Developer may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally delivered or sent by facsimile or, if mailed, three (3) business days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. 22. The Grantor, the Grantee and the Developer agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The Grantee and the Developer acknowledge that this Agreement and any information or documents that are provided to the Grantor may be released pursuant to the provisions of the Freedom of Information and Protection o(PrivacyAct, R.S.O. 1990, c. F.31, as amended or the Municipal Freedom o(Information and Protection o(Privacy Act, R.S.O. 1990, c. M.56, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. GENERAL 23. Time shall in all respects be of the essence of this Agreement, provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement, in writing, signed by the Grantor and the Grantee or by an agreement between their respective solicitors who are hereby expressly authorized in this regard. 24. Whenever the singular is used in this Agreement, it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 105 13 25. This Agreement and the rights and obligations of the Grantor, the Grantee and the Developer shall be determined in accordance with the laws ofthe Province of Ontario. 26. This Agreement shall be binding upon, and enure to the benefit of, the Grantor, the Grantee and the Developer and their respective successors and assigns. The Grantor, the Grantee and the Developer acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Grantor, the Grantee and the Developer under this Agreement (collectively, the "Obligations") shall not merge on. t4e completion of this transaction, but shall survive completion and remain in full force and effect and binding upon the parties subject to or entitled to the benefit of such Obligations, save and except as may be otherwise expressly provided for in this Agreement. 27. This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Easement Lands other than expressed herein. The information provided by the Grantor, if any, and any comments made by the Grantor's representatives and any plans or drawings that may have been provided by the Grantor, are for the assistance of the Grantee in allowing it to make its own inquiries. The Grantor makes no representations or warranties about and takes no responsibility for the accuracy or completeness of the information it has provided. 28. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and shall be effective· as of the formal date thereof. The parties agree that this Agreement may be transmitted by facsimile transmission and that if signed by all parties such transmission will constitute a legally binding agreement. [Remainder of page blank-signature page follows] 106 14 THE CORPORATION OF THE CITY OF PICKERING. Per: ----------------------Name: Title: Per: ----------------------Name: Title: IJW e have authority to bind the Corporation. MATTAMY (SEATON) LIMITED Per: ----------------------Name: Frank Bon Title: A.S.O. I have authority to bind the Corporation. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: --------------------~ Name: Title: Per: ----------------------Name: Title: IJW e have authority to bind the Corporation. 107 108 15 Schedule "A" Easement Lands RECITALS 16 Schedule "B" Terms and Conditions of Grant of Easement A. Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure ("MOI") is the owner in fee simple of certain lands located in the City of Pickering, in the Regional Municipality ofDurham described as [•] (INSERT LEGAL DESCRIPTION OF LANDS) (the "Servient Tenement"). B. The Transferee is the owner in fee simple of certain lands located in the City of Pickering, in the Regional Municipality of Durham described as (INSERT LEGAL DESCRIPTION OF CITY HEADQUARTERS.) (the "Dominant Tenement") C. Ontario Infrastructure and Lands Corporation ("OILC") confirms that it is the designated agel).t of MOL D. The Transferee has offered to purchase for consideration a non-exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the purposes of constructing, installing, repairing, replacing, operating and maintaining a storm water management facility (the "Purpose") and for the installation of the Works. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Transferor and Transferee hereto agree as follows: DEFINITIONS: 1. Unless the context expressly or by necessary implication indicates a contrary meaning, the terms defined in this Section 1 for all purposes of this Grant of Easement, shall have the following meaning set out below: (a) "Applicable Laws" means, collectively, all statutes, laws, by-laws, . regulations, ordinances and orders of any governmental Authority, including without limitation all Land Use Regulations. (b) "Authority" means any governmental authority, quasi-governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Servient Tenement, or the use thereof. (c) "Environmental Contaminant" means (i) any substance which, when it exists on the Servient Tenement or the water supplied to the Servient Tenement, or when it is released onto the Servient Tenement or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or 109 110 17 any part thereof, or to the natural environment or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal ·contaminants (including and by way of exampl~ only, stachybotrys. chartarum and <~ther moulds), mercury and its compounds, dioxins and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any Environmental Laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (d) "Environmental Law" -means, collectively, all Applicable Laws and agreements with governmental Authorities and all other applicable federal and provincial . statutes, municipal and local laws, common law and deed restrictions, all by-laws, regulations, codes, licences, permits, orders, directives, guidelines, decisions rendered by any governmental Authority relating to the protection of the environment, natural resources, public health, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean-up or other remediation or corrective action of any hazardous substance, and all authorizations issued pursuant to such Applicable Laws, agreements or statutory requirements. (e) "Land Use Regulations" means collectively, any land use policies, regulations; by-laws, or plans of any Authority that apply to the use of the Servient Tenement, including the existing Official Plans, zoning by-laws and zoning orders. (f) "Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, grantee of an easement, mortgagee, security holder or other person including any competent authority. (g) "Transferee" includes the successors and permitted assigns of the Transferee. (h) "Transferor" includes Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure, and includes, for the purpose of any exculpatory clause and indemnity included in this Agreement in favour of the Transferor, OILC, any ministries, agencies, representatives, servants, employees, agents, invitees, officers, directors, contractors, and licensees of Her Majesty the Queen in right of Ontario and OILC, and their brokers, service provider(s) and any other entity over whom the Transferor or OILC may reasonably be expected to exercise control. (i) "Works" means any improvements, appurtenances or accessories thereto installed onthe Servient Tenement by the Transferee pursuant to this Grant of Easement consistent with the Purpose. 18 2. Grant of Easement: The Transferor hereby transfers to the Transferee, a non-exclusive right, interest and easement upon, under, along, over and across the Servient Tenement for the Purpose and subject to the terms and conditions set out herein (the "Grant of Easement"), for a perpetual term commencing on the date of registration of the Grant of Easement (the "Term"). 3. Consideration: For the rights, interest and easement granted herein, the Transferee has paid to the Transferor an Easement Fee in the sum of two ($2.00) dollars plus all applicable taxes (the "Easement Fee"). 4. Additional Taxes, Rates, etc.: The Transferee shall also pay to the Transferor within thirty (30) days of written demand, in addition to any other monies payable hereunder, any additional property taxes, rates, fees or other assessments or payments in lieu thereof that the Transferor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such property taxes, rates, fees or other assessments or payments in lieu thereof applicable to the Servient Tenement as used by the Transferee pursuant to this Grant of Easement for the Purpose. 5. Taxes: The Transferee shall pay all applicable taxes on any and all payments if required by law. 6. No Additional Rights Granted: The rights, interest .and easement granted herein do not confer any rights, interest or easement in any lands and roadways which are not specifically included in this Grant of Easement. For greater certainty, no rights to, interest in, or easement over any abutting or adjacent lands are herein conferred whether or not said abutting or adjacent lands are under the Transferor's jurisdiction and control. 7. Transferor Not to Damage Works: The Transferor shall not do or suffer to be done any thing which might cause injury, loss, or damage to the Works provided that the Works are consistent with the Purpose. 8. Priority of Third Party Rights: This Grant of Easement is subject to all leases, subleases, easements, licenses, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Transferor from time to time with respect to the Servient Tenement (the "Third Party Rights"). Notwithstanding anything to the contrary contained herein or in any other agreement, the Transferee agrees and confirms that the Transferor hereby reserves the unrestricted right to renew, extend, issue or grant such Third Party Rights on terms and conditions entirely satisfactory to the Transferor in its sole and unfettered discretion without any claim, notice or compensation' to the Transferee, provided that any such renewal, extension, or grant of Third Party Rights does not materially interfere with the Purpose or the Works. 9. Interest on Amounts in Default: In the event of default in payment of any amount due by the Transferee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance (Ontario), plus 10%, compounded monthly until paid. Acceptance of any overdue payment or interest ' 111 11 2 19 shall not constitute a waiver of any rights or remedies that the Transferor may have hereunder or at law. 10. Transferee Archaeological Compliance: The Transferee shall not undertake any work whatsoever on or in the proximity of any known or newly found archaeological site(s) without the prior written authorization of the Transferor. 11. Transferee Environmental Compliance: (a) The Transferee shall use its continuing efforts to ensure that it shall not, except as expressly permitted by this Grant of Easement: (i) use or permit to be used any part of the Servient Tenement for any dangerous, noxious or offensive activity; and (ii) do or bring anything or permit anything to be done or brought on or about the Servient Tenement which the Transferor may reasonably deem to be hazardous or a nuisance to any other Transferee on the Servient Tenement, if applicable, or any other persons permitted to be on the Servient Tenement. (b) The Transferee shall not store, bring in or permit the presence of any Environmental Contaminant in or on the Servient Tenement except if such is required for the Transferee's use of the Servient Tenement as permitted by this Grant of Easement, and then only if the Transferee is in strict compliance with all laws and requirements of all Authorities, including, without limitation, Environmental Laws, occupational health and safety laws, regulations, requirements, permits and by-laws. · (c) The Transferee shall use its continuing efforts to ensure that it shall not cause the mobilization or migration of any existing contaminants, and if it does, the Transferee shall immediately clean up and remove same, at its sole cost and expense. (d) If the Transferee shall bring or create upon the Servient Tenement, any Environmental Contaminant contrary to the terms of this Agreement, then such Environmental Contaminant shall be and remain the sole property of the Transferee and the Transferee shall remove same, at its sole cost and expense as soon as directed to do so by any Authority, or if required to effect compliance with any Environmental Laws, or if required by the Transferor. If any such Environmental Contaminant is not removed forthwith by the Transferee, the Transferor shall be entitled, but not required, to remove the same on the Transferee's behalf, and the Transferee shall reimburse the Transferor for . the cost and expense thereof. (e) In addition to and without restricting any other obligations or covenants herein, the Transferee covenants that it will: (i) comply in all respects with all Environmental Laws relating to the Servient Tenement or the use thereof; (ii) · promptly notify the Transferor in writing of any notice by any Authority alleging a possible violation of or with respect to any other matter involving any Environmental Laws relating to the Servient Tenement, or relating to any person , 20 on or about the Servient Tenement for whom the Transferee is in law responsible, or any notice from any other person concerning any release or alleged release of any Environmental Contaminant from the Servient Tenement; (iii) promptly notify the Transferor of the existence of any Environmental Contaminant ~:m the Servient Tenement to the extent released, deposited, placed or used upon the Servient Tenement by the Transferee or any person for whom the Transferee is responsible in law; and (iv) provide the Transferor with copies of all environmental studies and reports that it possesses or enters into respecting the Servient Tenement, such studies and reports shall be subject to peer review by a third party consultant chosen by the Transferor at the sole cost of the Transferee. 12. Environmental Indemnification: In addition to and without restricting any other obligations or covenants contained herein, the Transferee shall indemnify and hold the Transferor harmless at all times from and against any and all losses, damages, penalties, fmes, costs, fees and expenses (including legal fees on a solicitor and client basis and consultants' fees and expenses) resulting from: (a) any breach of or non-compliance with the foregoing environmental covenants of the Transferee; and (b) any legal or administrative action commenced by, or claim made or notice from, any third party, including, without limitation, any Authority, to or against the Transferor, arising from the introduction of Environmental Contaminants onto, or the release of Environmental Contaminants from, the Servient Tenement by the Transferee or those for whom it is responsible in law, including any and all costs associated with air quality ISSUeS. 13. Trespass Restrictions: The Transferee shall not in any way use or trespass on any lands adjoining the Servient Tenement. 14. Prior Approval Required for Improvements, Grading, etc.: The construction or location of all improvements and structures and the grading and landscaping on the Servient Tenement is subject to the prior written approval of the Transferor. Such approval shall not be unreasonably withheld. 15. Transferee Access Subject to Rights of Third Parties: The Transferor shall provide the Transferee with free and unimpeded access at all times to the Works, subject to any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the · Servient Tenement. 113 114 21 16. Transferee Access to Works: For the purposes set out herein and for all purposes necessary or incidental to the exercise of the rights hereby created, but subject to the restrictions contained in Sections 10 and 20, the Transferee shall have access to the Works located on the Servient Tenement at all times by its servants, agents, contractors and subcontractors and its vehicles, supplies, machinery and equipment. 17. Transferee Right to Remove Trees, Rocks, etc.: The Transferor shall permit the Transferee to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rocks encountered during the course of completion of the Works, subject to any legal requirements and any existing agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Servient Tenement. 18. Transferee to Exclude Third Parties: During the term of this Grant of Easement, the Transferee shall take all reasonable steps to ensure that during the Transferee's construction, inspection, operation, maintenance and any repair of the Servient Tenement or the Works, persons who are not the Transferee's Permittees, or Transferee's Permittees', servants, agents, contractors or subcontractors not be permitted access to the Servient Tenement. When requested in writing, the Transferor shall have the option at its sole discretion and acting reasonably, to permit persons not affiliated with the Transferee, access to the Servient Tenement. 19. Transferor and Transferee to Obtain Approvals and Consents and Compliance with Laws: This Agreement shall be effective to create an interest in the Servient Tenement only if the applicable subdivision control provisions of the Planning Act, R.S.O. 1990, as amended, are complied with on or before the commencement of the Term. The Transferee shall at its sole cost obtain all necessary approvals. The Transferee shall obtain consents from all other easement holders, lessees, sublessees, licencees, permittees, and other holders of rights of use or occupation and secondary uses on the Servient Tenement in advance of the execution of this Grant of Easement. The Transferee shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by-laws and any other governmental or municipal by-laws, regulations and orders, including environmental protection laws, that relate to the Servient Tenement, this Grant of Easement or the exercise of any of the rights or obligations in this Grant of Easement. 20. Markers Identifying Location of the Works: At the request of the Transferor, the location of any part of the Works which is not clearly visible shall be indicated by permanent markers of size and desigu and in such locations as is reasonable in the circumstances, which markers shall be placed and thereafter maintained by the Transferee at the Transferee's own expense, and the Transferee shall reimburse the Transferor for all costs incurred by the Transferor in taking any necessary measures to comply with any rules and regulations of any Authority which would not have been incurred but for the, rights, interest and easement herein granted. 21. Construction Liens: If any construction lien or certificate of action is served or filed against the Servient Tenement or any part thereof, whether valid or not and whether preserved or perfected, by reason of work done or to be done or materials or services furnished or to be furnished for the account of the Transferee, or by reason of alteration, repair or installation 22 made or to be made for the account of the Transferee, the Transferee shall promptly discharge the lien or have the certificate vacated, at its sole expense, immediately after notice from the Transferor, or within ten (1 0) calendar days after registration or service, whichever is earlier. The Transferee shall indemnify and save harmless the Transferor and OILC from and against any liabilities, claims, liens, damages, costs and expenses, including legal expenses, arising in connection with any work, services or material supplied to the Transferee or the Servient Tenement. If the lien is vacated but not discharged, the Transferee shall, if requested by the Transferor, undertake OILC's· arid the Transferor's defence of any subsequent lawsuit commenced in respect of the lien, at tlie Transferee's sole expense. In the event that the Transferee fails or refuses to vacate or discharge a construction lien within the time prescribed above, in addition to any other rights of the Transferor, the Transferor and OILC shall, at its option, be entitled to take all steps necessary to vacate and/or discharge the lien, and all costs and expenses incurred by the Transferor and OILC in so doing (including without limitation, all legal fees and disbursements, the amount and costs of any security posted to vacate the lien and any payment which may ultimately be made out of or pursuantto security posted to vacate the lien) shall be for the account of the Transferee. In the event that the Transferee fails to comply with the terms of this Section 26, the Transferor may, but shall not be obliged to pay into court the amount necessary to discharge the lien and charge the Transferee with the amounts so paid and all costs incurred by the Transferor, including legal fees and disbursements plus an administrative fee of fifteen percent (15%) of such amounts and costs, which shall be paid by the Transferee to the Transferor, forthwith upon demand. 22. Transferee Property and People af Its Risk: All persons for whom the Transferee is responsible at law and all property of the Transfetee at any time on the Servient Tenement shall be at the sole risk of the Transferee, and the Transferor shall not be liable for any loss, damage, or injury, including loss of life, to them or it however occurring, and the Transferee releases the Transferor from all claims and demands in respect of any such loss, damage or llljury. 23. Transferee Assumption· of Liability and Release of Transferor: The Transferee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Grant of Easement or anything done or maintained by the Transferee thereunder or intended so to be, and the Transferee shall at all times indemnify and save harmless the Transferor, its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom the Transferor is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. Notwithstanding the above, the Transferee shall not be liable hereunder for any loss, damage or injury to the extent that it arises from the gross negligence of the Transferor. 24. Transferee Liabilitv Insurance: The Transferee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Transferor in the minimum amount of Five Million Dollars ($5,000,000.00) in order to indemnify the Transferor as provided in Section 28 of this Grant of Easement. The Transferee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen 115 11 6 23 in right of Ontario, as represented by the Minister of Infrastructure and OILC as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Transferor. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Transferor prior to the effective date of this Grant of Easement. 25. Works to Remain Property ·of Transferee: Notwithstanding any rule of law or equity, any part of the Works consisting of fixtures, equipment and structures and appurtenances thereto, located upon the Servient Tenement pursuant to this Grant of Easement, shall be the property of the Transferee even though the same may have become annexed or affixed to the Servient Tenement. 26. Transferee Damage to Servient Tenement and Obligation to Restore: The Transferee shall be liable for physical and tangible damage done to the Servient Tenement and/or the Transferor's adjoining lands, by reason of the exercise of the Transferee of any or all of the rights and obligations set out herein and it shall remove all debris from the Servient Tenement and/or the Transferor's adjoining lands and repair and replace such damage and restore the Servient Tenement and/or the Transferor's adjoining lands to the satisfaction of the Transferor at no expense to the Transferor, it being acknowledged that the Works shall not constitute damage. 27. Restriction of Assignment of Easement: The Transferee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Servient Tenement or this Grant of Easement or any privileges or interests hereby granted to it without the prior written consent of the Transferor, acting reasonably. 28. Transferee to Execute a Surrender of this Grant of Easement: In the event that the Transferee abandons the Works, the Transferee shall within a period of one (1) year thereafter, execute and deliver a surrender, transfer and release of the rights and easement herein granted. 29. Transferor May Relocate or Remove the Works if They Interfere: The Transferor reserves the right to inspect the Servient Tenement at any time. If in the opinion of the Tr~sferor, the Transferee does anything or permits anything to be done on the Servient Tenement or the adjoining lands of the Transferor which may be a nuisance, cause damage or be considered dangerous by the Transferor acting reasonably, the Transferee shall, at the Transferee's expense, take all such actions as are required to eliminate the nuisance, the damage or the danger. 30. Transferee Right to Notice of Default and Time to Cure: In the event of default of any of the terms or obligations in this Grant of Easement by the, the Transferor may provide written notice to the Transferee specifying the default, and the Transferee shall cure the default within ten (1 0) days. · 31. Transferor May Cure Transferee Defaults: In the event of any default of the Transferee in performing any work, repairs, or other obligations of the Transfer.ee under this Grant of Easement or making any payments due or claimed due by the Transferee to third parties, the Transferor may perform any such work, repairs, or other obligations of the Transferee or make 24 any payments due or claimed to be due by the Transferee to third parties, and without being in breach of any of the Transferor's covenants hereunder and without thereby being deemed to infringe upon any of the Transferee's rights pursuant hereto, and, in such case, the Transferee shall pay to the Transferor forthwith upon demand all amounts paid by the Transferor to third parties in respect of such default and all costs of the Transferor in remedying or attempting to remedy any such default. 32. Transferee to Maintain Works: The Transferee shall maintain the Works in a good and substantial state of repair at all times. 33. Transferee to Remove Works within 6 Months of Abandonment: If at any time the Transferee should abandon the Works, the Transferee shall remove the Works from the Servient Tenement at its sole cost and expense within six (6) months of its abandonment and restore the Servient Tenement to a condition satisfactory to the Transferor unless notified in writing by the Transferor to the contrary. If the Transferor provides such written notice to the Transferee, all Works shall become the property of the Transferor without cost. 34. Freedom of Information and Protection of Privacy Act: This Grant of Easement and any · information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Grant of Easement or of any information or documents. 35. Transferee Conflict of Interest: The Transferee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Transferor, with the Grant of Easement or the exercise of any of the rights or obligations of the Transferee hereunder. The Transferee shall disclose to the Transferor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Grant of Easement, the Transferee's other commitments, relationships or fmancial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise,. impair or be incompatible with the effective performance of its contractual obligations pursuant to this Grant of Easement. 36. Notices: Where this Grant of Easement requires notice· to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by prepaid registered mail or prepaid courier or electronic facsii:nile (including email) by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below or at such other addresses as the Transferor and Transferee may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally 117 118 25 delivered or sent by facsimile or email, or if mailed, three (3) business days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. In the case of notice to the Transferor, to it in care of: Ontario Infrastructure and Lands Corporation Land Transactions, Hydro Corridors and Public Works 1 Dundas Street West, 20th Floor Toronto, Ontario M5G2L5 Attention: General Counsel Telephone: 416-327-2959 Facsimile: 416-327-3942 and, in the case of notice to the Transferee, to it in care of: The Corporation ofthe City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: City Clerk Telephone: 905-420-4660, extension 2019 Facsimile: 905-420-9685 37. No Waiver: The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Grant of Easement shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof or a waiver by that party at any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly or impliedly waives a right, power or option under this Grant of Easement. 38. Successors and Assigns: The rights, privileges and easement hereby granted are and shall be of the same force and effect as a covenant running with the lands and this easement, including all covenants and conditions contained herein, shall extend to, be binding upon and enure to the benefit of the Transferor and the Transferee. 39. Entire Agreement: No right, title or interest in or to the Servient Tenement or any part or parts of it or any adjoining lands of the Transferor is being conveyed to the Transferee except as expressly set out in and subject to all the terms and conditions ofthis Grant of Easement. 26 40. Severability: If any provision of this Agreement or part thereof or the application thereof to any person or circumstance, to any extent, shall be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such provisions or part thereof to any person, party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 41. Governing Law: This Grant of Easement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. IN WITNESS WHEREOF the parties hereto have executed this Grant of Easement. Signed by the Transferee at ________ this ___ day of ______ 2017. THE CORPORATION OF THE CITY OF PICKERING Per: -----------------Name: Title: Per: ----------------------Name: Title: IIW e have the authority to bind the Corporation. · Signed by the Transferor at ______________ this ____ day of ______ 2017. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by THE MINISTER OF INFRASTRUCTURE, as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: -------------Name: Position: I have the authority to bind the Corporation. 11 9 27 Schedule "C" STATUTORY DECLARATION Canada Province of Ontario ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE MATTER OF THE TITLE TO: AND IN THE MATTER OF A TRANSFER OF EASEMENT THEREOF from INFRASTRUCTURE ONTARIO HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (the "Grantor") TO WIT to: (the "Grantee") I, ________ , of the _______ , in the Province of Ontario, DO SOLEMNLY DECLARE, that: 1. I am the {title} of {name of Grantee}, the Grantee in the above-captioned transaction and as such have knowledge of the matters hereinafter declared. 2. {name of Grantee} and INFRASTRUCTURE ONTARIO are arms lengths parties and {name of Grantee} has received no special knowledge nor special consideration in entering into the above Easement Conveyance Agreement, which would lead to the presumption that the parties are not arms lengths parties. 3. {name of Grantee} and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE are arms lengths parties and { naine of Grantee} has received no special knowledge nor special consideration in entering into the above Easement Conveyance Agreement, which would lead to the presumption that the parties are not arms lengths parties. 4. There are no outstanding legal disputes or actions between the Grantor and Grantee. 120 28 5. {name of Grantee} is not in conflict with INFRASTRUCTURE ONTARIO (or any of its employees) to the above transaction. 6. {name of Grantee} is not in conflict with HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (or any of its employees) to the above transa~tion. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue ofthe. Canada Evidence Act. DECLARED by the above-named Declarant, before me at the ____ of ____ ,this day of , 2016. A Commissioner, etc. ) ) ) ) ________ _ ) ) 1 21 29 Schedule "D" PERMITTED ENCUMBRANCES (a) General Encumbrances: a. liens for real property taxes (which term includes charges, rates and assessments) or charges for electricity, power, gas; water and other services and utilities in connection with the Easement Lands or for construction in connection with the Easement Lands for amounts the payment of which is not yet due or delinquent; b. easements, rights of way, restrictions, building schemes, licences, restrictive covenants and servitudes, rights of access or user, airport zoning regulations and other similar rights in land (including, without limitation, rights of way and servitudes for sewers, drains, gas and water mains, electrical power, telephone and cable conduits, poles, wires or cables) granted to, reserved or taken by any person, and any rights reserved or vested in any authority or public or private utility by the terms of any lease, licence, franchise, grant, agreement or permit, subdivision, development, servicing, encroachment, site plan, parking or ·other similar agreement with any authority or public or private utility, provided same do not interfere with the Works as intended by the Grantee; c. title defects or irregularities which do not, in the aggregate, materially and adversely impair the use or marketability of the Easement Lands for the Grantee's intended purpose; d. · any subsisting reservations, limitations, provisos, conditions or exceptions, including royalties, contained in the original grant of the Property from the Crown; e. any rights of expropriation, access or use, or any other right conferred or reserved by or in any statute of Canada or the Province of Ontario; " f. the provisions of all applicable law including by-laws, regulations, ordinances; land use contracts, development agreements and similar instruments relating (without limitation) to development, use and zoning; g. encroachments by any improvements on the Easement Lands over adjoining lands and easements or rights of way and/or any improvements on adjoining lands encroaching on the Easement Lands which do not materially and adversely affect the Grantee's intended use of the Easement Lands; · (b) Specific Encumbrances a. [NTD -to be completed] 122 30 Schedule "E" ACKNOWLEDGEMENT AND INDEMNITY The Grantee hereby acknowledges that all representations and warranties provided for in Section 11 of the Easement Conveyance Agreement executed on the of , 2016, shall survive closing and further agrees to indemnify the Grantor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom the Grantor is responsible in law and its administrators, permitted assigns, directors, officers, employees, agents, servants, representatives and all others for whom the Grantor is responsible in law, from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith. Date: ,2016. Witness: ) ) ) ) ) ) ) ) Name: ) Title: ) ) ) Name: ) Title: IIW e have authority to bind the Corporation. 123 31 Schedule "F" UNDERTAKING TO: Infrastructure Ontario AND TO: ________ ,, Solicitors for Infrastructure Ontario RE: Easement Conveyance Agreement between Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure (the "Province") and ____ _ ___ (the" ")executed by __ on~ ___ (the "Agreement"), with respect to the lands described as being ___ _ In consideration of the acceptance by the Province of the Agreement and other good and val.uable consideration, the undersigned hereby undertakes to pay all fees, costs and disbursements as set out in Section 5 of the Agreement, notwithstanding completion or other termination of the proposed transaction. And this shall be your good, irrevocable and sufficient direction and authority for so doing. Dated at the this day of , 2016. Per: ------------------Name: Title: Per: --------------------- Name: Title: IJW e have authority to bind the Corporation. 124 126 PLN 05-17 Subject: LED Streetlight Conversion Program April 3, 2017 Page 2 e) The Phase 1 funding from Capital Project Account 5325.1603.7505 in the amount of $120,000.00 funded by a transfer from the Federal Gas Tax Reserve Fund be applied to the Streetlight Luminaires Replacement-Phase 2 project; 5. That the Mayor and Clerk be authorized to sign an agreement between the City and Realterm Energy Corp. in a form satisfactory to the Director, Corporate Services & City Solicitor; 6. That staff consult with the Whitevale and District Residents' Association on the selection of a LED lighting luminaire that best reflects the character of the Heritage Conservation District and that staff consider the preferred LED luminaire and associated costs as part of the 2018 Capital Budget; 7. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: In 2016, Realterm Energy Corp. (Realterm) was retained by the City to complete an Investment Grade Audit (Audit) of the City's streetlight infrastructure. According to the Audit, there are 7,234 streetlight luminaires of which approximately 4,430 (61 %) are cobra head streetlights and 2,804 (39%) are decorative street! ig hts. The analysis showed that by upgrading the City's streetlights to LED, the City would experience a cost savings of approximately $456,000.00 in annual energy costs and $235,000.00 in annual maintenance costs for a total savings of approximately $691 ,000.00 annually. These savings will be directed towards the City's ongoing operational costs. Also, LED streetlights provide other benefits including increased safety, enhanced visibility, and reduced light pollution. Local Authority Services (LAS), a wholly-owned non-profit company of the Association of Municipalities of Ontario (AMO), undertakes bulk procurements of a number of commodities, products and services for AMO's participating constituent municipalities. Realterm was selected as the service provider for LAS as it has the financial capability to serve the municipal marketplace. Given that Realterm has considerable knowledge of the City's streetlight infrastructure and experience in delivering over 160 similar LED streetlight conversion projects for municipalities across Ontario, staff is recommending that Council award a single source contract to Realterm for the conversion of the City's streetlights to LED. PLN 05-17 Subject: LED Streetlight Conversion Program April 3, 2017 Page 3 The conversion program includes converting 7,234 streetlight luminaires to energy efficient LED streetlight luminaires. Funds have also been allocated to cover the cost of · replacing 24 wooden poles within the Bay Ridges and West Shore Neighbourhoods. There are also poles that require rewiring and associated underground directional drilling, grounding rods installation, and landscape restoration work prior to the installation of the LED luminaires. The total project cost for the conversion is $6,773,782.00 (including HST), and the total net project cost is estimated at $6,100,000.00 (net of HSTrebate). With respect to the Whitevale Heritage District, it is recommended that the Whitevale and District Residents' Association be consulted on the selection of a luminaire that best reflects the historical character of the village prior to initiating any lurriinaire replacement. Staff will report back with the preferred LED luminaire and associated costs as part of the 2018 Capital Budget review process. As part of the City's commitment to keep the community informed, staff will provide regular progress updates of the LED Streetlight Conversion Program on the City website and social media. Financial Implications: 1. Project Amount City Streetlight Luminaires LED Replacement and Miscellaneous Repairs HST (13%) Total 2. Estimated Project Cost Summary City Streetlight Luminaires LED Replacement Miscellaneous Repairs (additional poles, trenching, wiring and arm replacements) Associated Costs Incremental Costs for High Tension Wire Locations Contingency Sub Total HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost $5,699,050.00 740,876.50 $6.439.926.50 $5,172,223.00 $526,827.00 $100,000.00 $195,447.00 $5,994,497.00 779,285.00 $6,773,782.00 (673, 782.00) $6.100,000.00 127 PLN 05-17 Subject: LED Streetlight Conversion Program Table 1: Financial Summary Current Status Before Upgrade Post Upgrade Number of Luminaires 7,234 7,234 Annual Electricity 5,462,795 2,030,014 Consumption (kWh) -Annual Electricity Costs $844,743.00 $388,256.00 Annual Maintenance $294,938.00 $58,988.00 Cost (5 yr. avg.) Total Streetlights $1,139,681.00 $447,244.00 Expenditures Average Annual Cost $157.55 $61.83 per Luminaire April3, 2017 Page 6 Variance 3,432,781 $456,486.00 $235,950.00 $692,437.00 $96.00 Table 2 indicates that the total project cost for the streetlight conversion will be approximately $5.17 million. The savings will fund this project with a payback period of approximately 6.9 years at today's hydro rate. Number of Luminaires Total Project Costs Average Price per Luminaire Payback Table 2: Payback Analysis 7,234 $5,172,223.00 $712.00 6.9 years LED streetlights have a product warranty of 10 years and typically last up to 100,000 hours (over 20 years in service), which will result in significant replacement savings. Currently, there are monetary incentives offered by the Independent Electricity System Operator (IESO) for streetlight conversions; The incentives are regulated by IESO and are typically provided through local utilities. Through discussions with Veridian, the City is eligible to receive an incentive amount of approximately $500,000.00 which would be received after project completion. This amount is being used to offset the costs associated with repairing and/or replacing the poles within Bay Ridges and West Shore neighbourhoods. If the incentive amount is greater than $500,000.00, the additional funds will flow into general revenues to help fund the replacement of the pedestrian light fixtures along the Millennium Square Boardwalk in 2018. 130 1 31 PLN 05-17 April 3, 2017 Subject: LED Streetlight Conversion Program Page 7 Di$cussion: a) LAS, AMO and Realterm Explanation Local Authority Services (LAS) is a wholly-owned nonprofit company of the Association of Municipalities of Ontario (AMO) that undertakes bulk procurements of a number of commodities, products and services for AMO's participating constituent municipalities. LAS also offers a complete turnkey LED streetlight service to municipalities as LED technology is considered reliable, superior and cost effective. Realterm was selected as the service provider by LAS as it has the financial capability to serve the municipal marketplace. Since 2013, Realterm has installed more than 150,000 luminaires in over 160 municipalities, including the City of Barrie .and more recently the City of Oshawa. b) City's Purchasing 'Policy Staff have developed a good working relationship with Realterm during the Audit process. This sentiment was also shared by other municipalities who have used Realterm for their LED streetlight conversion project. Given that Realterm has considerable knowledge of the City's streetlight infrastructure and experience in delivering over 160 municipal LED streetlight conversion projects across Ontario, it is beneficial to continue working with Realterm. In accordance with Section 09 of the Purchasing Policy, staff is recommending that Council award a single source contract to Realterm for the conversion of the City's streetlights to LED in lieu of going through the competitive bid process. c) LED Streetlight Conversion Exceptions Notwithstanding the City's intent to convert roadway streetlighting to LED, there are approximately 300 existing luminaires that will remain HPS. These luminaires include regional roadway reconstruction sites where the streetlighting ownership has not yet been transferred to the City, such as: • Kingston Road at Brock Road • Kingston Road at Liverpool Road Brock Road north of Whitevale Road/Fifth Concession There are other streetlights along roads within Pickering that are not part of the conversion program. For example, the roadway lighting along certain sections of Brock Road (Duffin Heights Neighbourhood) and Dixie Road (Liverpool Neighbourhood) is already LED. The HPS streetlights that are along Highway 7 and Brock Road By-pass are not part of the City's conversion program. These lights are the responsibility of the Ministry of Transportation (MTO). MTO has been advised that any future installations should reflect the City's LED standard. PLN 05-17 April 3, 2017 Subject: LED Streetlight Conversion Program Page 8 Whitevale contains a mix of lighting luminaires along the roadways. It is recommended that staff consult with the Whitevale and District Residents' Association to select a luminaire that best reflects the character of the Heritage Conservation District. Staff will report back with the preferred LED luminaire and associated costs as part of the 2018 Capital Budget review process. d) Streetlight Pole Assessment Results Realterm recommended that the City not have new LED luminaires installed on aged wooden poles, but that Realterm supply the luminaires only and install them at a later date when the poles are replaced. Of the 625 poles assessea within the Bay Ridges and West Shore Neighbourhoods, only 24 wooden streetlight poles require replacement. However, there are other poles that require rewiring and associated underground directional drilling, grounding rods installation, and landscape restoration work. In the 2017 Budget, $500,000.00 was allocated to cover the cost for additional poles, arm replacements, trenching, etc., to address the deficiencies. Replacement poles will be installed with new LED luminaires. There are also wooden Veridian hydro poles that support the City's streetlights requiring replacement. However, these hydro poles are owned by Veridian. Information on the condition of hydro poles has been forwarded to Veridian for their consideration. e) High Tension Hydro Wires The Realterm Audit also included a general cursory wiring inspection to identify any potential difficulties where the luminaires are located near high tension hydro wires. Realterm has recommended that each location be assessed with the goal of relocating the affected luminaire to a safe location. Staff agrees and has recommended that the project budget be increased by $100,000.00 to be funded from the Federal Gas Tax Reserve. These funds will be used to engage the services of an engineer to assess these locations and advise on a course of action. f) Next Steps Subject to Council approval and various agreements being executed, Realterm will order the required luminaires and begin to replace the existing HPS streetlight luminaires with energy efficient LED lighting. Regular updates will be provided on the project page of the City's website and Customer Care staff will be providing key messages as the streetlight luminaires are replaced throughout the City. Realterm has included a performance guarantee ensuring the LED streetlight conversion program is completed by the end of this calendar year. 132 135 March 15, 2017 Grant McGregor Manager, Sustainability & Special Projects City of Pickering One the Esplanade Pickering, ON L1V 61<7 Dear Mr. McGregor, We are pleased to present to you this revised Investment Grade Audit of your streetlight network. We have concluded our detailed analysis of your.street lighting system by revising the an.nual energy consumption and savings estimates for the City of Pickering to reflect the proposed upgrade to LED based on the GIS/GPS mapping. The street lighting network subject to upgrade is currently consuming 5,476,073 kWh. By upgrading to LEDs, your projected annual energy consumption will fall substant ially to 2,039,308 kWh resulting in 3,436,765 kWh energy savings, ~quivalent to 63% consumption reduction. The main body of thi!! report will focus on the upgrade of yo1,1r whole Lighting System to LED, including Cobrahead and Decorative Fixtures. In addition to that, we have included project-specific results in the following Appendices: -Appendix A: Upgrade of Cobra head Fixtures Only -Appendix B: Separate Costs to Upgrade Decorative Fixtures Only -Appendix C: Pole Assessment Results Appendix D: Wiring Condition Report This revision presents the results of lighting design plans that specify a colour temperature (CCT) of 3000K for Cobraheads on local roads, while all other road types will receive 4000K CCT fixtures, including all Decorative fixtures. The total project cost, in comparison to the desktop proposal presented in December 2015,' has increased to $5.,172,223 as we found during the Audit that 39% of the fixtures assumed to be Cobra head ar~ in fact Decorative fixtures . .The Desktop Proposal was created assuming that the 100% was composed by Cobrahead fixtures only. Details of this work discrepancy are highlighted throughout the report. The IESO incentive is, at present, estimated to be $500,000 and will be subject to variations at the discretion of the local utility. Finally, all costs associated to prepare this Investment Grade Audit are covered in the project cost of $5,172,223. We look forward to moving the project to the next phase. We will arrange for a meeting in approximately one weeks time discuss the contents of 1his report, but until then please feel free to contact us shoul_d you have any questions. Sean Neely, President 0-()281 __.., REALTERM --I JttLlOV--