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HomeMy WebLinkAboutJanuary 8, 2018 Executive Committee Agenda Monday, January 8, 2018 Council Chambers 2:00 pm Chair: Councillor Pickles 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. -C:ft;of- PlCKERJNG Executive Committee Meeting Agenda Monday, January 8, 2018 Council Chambers-2:00 pm Chair: Councillor Pickles 7. 8. 1. That the existing accessible parking space requirements contained in the Traffic & Parking By-law 6604/05 remain unchanged at this time; 2. That City of Pickering staff review accessible parking space requirements with the Ci~y of Pickering Accessible Advisory Committee every three years arid, temporary event parking every other year, unless there is a recognized need to review the requirements sooner, and if necessary, a by-law be prepared with any amendments resulting from those discussions; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 03-18 Tree Removal Compensation Recommendation 112-123 1. That the City adopt a fee for Tree Removal Compensation as a condition of a draft plan of subdivision, zoning, land division or site plan approval application; 2. That the Director, Engineering Services be authorized to include fees for Tree Removal Compensation in the 2018 Budget (Summary of Fees & Charges); 3. That the City continue to use the existing Reserve established for Tree Removal Compensation and that funds collected for this purpose be placed_ in this reserve; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, City Development & CBO, Report PLN 01-18 2017 Measuring Sustainability Report -Reporting on Key Indicators of Sustainability in Pickering Recommendation 124-127 That Report PLN 01-18 regarding the 2017 Measuring Sustainability Report be received for information. 2 cs 06-18 Subject: Recreation & Parks Master Plan and Skateboard Park Strategy January 8, 2018 Page 2 Recommendations to repurpose and/or relocate the City's existing services, facilities and sports fields will involve the consultation of applicable user groups and members through focus group sessions and other consultative methods, prior to implementation. Financial implications: Financial implications will be further evaluated by the Director, Community Services and Director, Engineering Services in consultation with the Director, Finance and Treasurer. The implementation for each project will depend on when sufficient funds will be available to undertake such work. Financing and implementation of recommended projects will be brought back to Council for consideration and final approval. Discussion: The City of Pickering's existing Recreation & Parks Master Plan was completed in 2002 and provided recommendations over a span of ten years. This outqated plan, coupled with the anticipated development of Seaton in Central Pickering, caused City staff to identify the development of a new Recreation & Parks Master Plan as an immediate need. Accordingly, the Recreation & Parks Master Plan was included as a project in the approved 2016 Current Budget. Prior to the installation of a second skateboard facility within the City of Pickering and repairs/upgrades to the City's only existing skateboard facility in Diana, Princess of Wales Park, Council requested through Council Resolution #80/15 that a City wide Skateboard Park Strategy be prepared to determine the overall need and most appropriate locations for skateboard facilities within the City, including the Seaton Lands. Therefore, in accordance with Council Resolutions #211/16 and #80/15, the consulting services of Monteith Brown Planning Consultants Inc. was retained to undertake the Recreation & Parks Master Plan for the City of Pickering. Monteith Brown Planning Consultants partnered with der Zalm + associates and New Line Skateparks to also complete a Skateboard Park Strategy as a supplement to the Recreation & Parks Master Plan. The Recreation & Parks Master Plan and Skateboard Park Strategy will guide future City decisions on Pickering's recreational facilities, programs and parks service delivery over the next 1 0 year period. An extensive community consultation campaign was launched from January 2017 to March 2017 (inclusive) to include random household surveys, online User/Community/Sport Group stakeholder surveys, public input sessions, pop-up events, public open house, written comments via Pickering website, Council interviews and Staff focus group sessions. The community consultation campaign was promoted in a variety of ways including newsprint advertisement, eNewsletters, eblasts, roadside signs, electronic facility signs, facility banners/posters/display boards, social media (facebook, twitter and lnstagram), dedicated webpage, media release, and the Family Calendar. Over 500 people directly participated in consultations, many of whom spoke on behalf of hundreds of others in their household and/or community organizations. Their ideas collectively helped shape the recommendations in the Recreation & Parks Master Plan and Skateboard Park Strategy. cs 06-18 Subject: Recreation & Parks Master Plan and Skateboard Park Strategy January 8, 2018 Page 3 Similarly, the community was also invit~d to comment on the draft reports during the period of November 16 to December 6, 2017. The Consultants and City staiJ also hosted a Public Open House on November 27, 2017 at the Pickering Recreation Complex. Valuable feedback was collected and considered in the final rendering of the Recreation & Parks Master P~fl aoo Skateboard Park Strategy. We gratefully acknowledge the support and participation of the residents and community groups without whom these reports would not be possible. Clearly, the overall master plan process has provided for an opportunity to assess current services, measure community satisfaction, and develop a strategic plan that will meet the needs of our community for future years. The Recreation & Parks Master Plan and Skateboard Park Strategy is now complete and is available under separate cover on the city's website at pickering.ca/recreationandparks. Hard copies have also been made available to the public upon request. The reports have been designed to be a concise and user friendly document easily referenced by staff, elected officials and members ·of the community. They identify a ten year recreation and parks service plan and skateboard park strategy for Pickering, including the new growth of Seaton. Recommendations to repurpose and/or relocate the City's existing services, facilities and sports fields will first involve the consultation of applicable user groups and members through focus group sessions and other consultative methods, prior to implementation. Clearly, the Master Plan and Skateboard Park Strategy will allow the City of Pickering to be proactive and prepare for the current and future. needs of this community. Attachments: 1. Recreation & Parks Master Plan (December 2017) Executive Summary 2. Skateboard Park Strategy (December 2017) Executive Summary 3 The Recreation and Parks Master Plan contains 77 recommendations to be implemented over the next ten years. The following is a synopsis of the most pressing actions for the City to undertake, listed in no particular order: Aligning with the Framework for Recreation in Canada One of the most recent national studies and determination of priorities is the Framework for Recreation in Canada (F.R.C.). The F.R.C. was developed over the course of three years and involved a significant amount of consultation with Canadians as to their thoughts on the benefits and importance of recreation. The Canadian Parks and Recreation Association in collaboration with the Interprovincial/Territorial Governments- through the Interprovincial Sport and Recreation Council and the Provincial /Territorial Recreation and Parks Associations -developed a framework that rejuvenates the definition of recreation and parks, articulates the economic impacts of recreation and parks as well as the benefits and key goals and strategies that should be evident in each community across Canada. This Framework is extremely relevant to the City of Pickering and is referenced in developing relevant and key directions for the City. The majority of the Master Plan's recommendations align with one or more the F.R.C.'s goals which are: o Active Living: Foster active living through physical recreation • Inclusion and Access: Increase inclusion and access to recreation for population that face constraints to p;:1rticipation o Connecting People and Nature: Help people connect to nature through recreation • Supportive Environments: Ensure the provision of supportive physical and social environments that encourage participation in recreation and build strong, caring communities • Recreation Capacity: Ensure the continued growth and sustainability of the recreation field Recreation Facilities and Parks for the Seaton Community In the years to come, Pickering is set to undergo substantial growth as a result of the planned developments in the Seaton community, as identified through the Central Pickering Development Plan. Presently an undeveloped area occupied by very few people, Seaton could ultimately be home to 70,000 residents with nearly half of these (33,000) expected to live there by the year 2026. As a result of this growth, greater pressures will be placed on all of Pickering's recreation and parks system compared to years past, but particularly in the Seaton community given that most services are now located in Pickering's established areas to the south. The majority of growth-related recommendations arising out of the Recreation and Parks Master Plan are a result of residential developments in the Seaton community, which accounts for over three-quarters of forecasted population growth in Pickering during the master planning period. To address the needs of the more than 33,000 new residents expected in Seaton by the year 2026, the Master Plan recommends the following strategy for recreation and park services in Seaton. Lands for Parks and Recreation Facilities Through the approved Neighbourhood Plan for Seaton and resulting draft plans of subdivision, the Seaton community will be served by 90 hectares (223 acres) of municipal parkland upon its ultimate build-out that is distributed through 1 City Park (formerly known as District Park), 4 Community Parks, 12 Neighbourhood Parks, and 27 Village Greens. These lands will provide opportunity through which to address needs for active and passive forms of recreation. Within the master planning period, 37% of the area's parkland (34.8 hectares or 86.1 acres) is expected to be conveyed to the City. Official Plan Amendment No. 22 designates lands for a recreation facility southeast of Whitevale Road and Sideline 24. It is at this location where a new multi-use recreation facility, as described in subsequent paragraphs, is proposed to be located. Beyond the year 2027, land at the northeast corner of Brock Road and Whitevale Road have been designated for a second indoor community recreation facility. A New Multi-Use Recreation Facility When Pickering's population reaches approximately 120,000, anticipated around the year 2021, the City should consider building a multi-use recreation facility at the Community Park identified through the OPA 22 located southeast ofWhitevale Road and Sideline 24. This new recreation facility is envisioned to be a major community hub for recreation activity with sport-friendly design as well as for other civic uses that may be rationalized through separate analyses. The multi-use community centre would contain the following recreational components: • Indoor Aquatics Centre employing a multi-tank template containing a 25 metre, 6 lane rectangular pool and a free-form leisure pool in order to facilitate a diverse range of aquatic programming. The leisure pool would optimally contain features such as zero-depth entry, water play features, and also be designed to accommodate lessons for younger age groups as well as aquatic fitness programs. • Fitness Centre containing aerobic and free-weight equipment, group fitness studio, and complementary amenities such as saunas and hot tubs to complement the indoor aquatic centre, particularly from a therapeutic programming perspective. Opportunities to integrate digital media systems and the latest technologies to enhance the health and wellness experience for users should also be contemplated, including the infrastructure space required to adapt to new technologies. ,. Full Size Double gymnasium designed to accommodate regional level competitions (at a minimum) and to be subdivided into smaller gyms to allow simultaneous programming to take place. The gym floor should be lined in a manner that allows sports such as (but not limited to) basketball, volleyball, and pickleball to take place while ensuring sufficient playout lines between the court and surrounding walls. ,. Indoor Walking Track located either within the fitness centre or suspended above the gymnasium via a second floor access. Most 9esigns employ a two or three lane configuration with elastomeric resilient surface and lane lines which is sufficient for general public use (walking and light jogging). If designed to encourage distance running or sprinting, other sport-friendly design features would need to be considered-along with their added costs-including length of the track, more durable and cushioned surfacing, banked corners, and increasing the number of lanes. • Dedicated Youth Space through which components should be designed in consultation with local youth and teens, embodying the City's successful philosophies that have resulted in it being recognized as a Platinum-level Youth Friendly Community. At an early stage, a youth space would benefit from areas oriented to hanging out, accessing multi-media equipment, study space, etc. • Multi-Purpose Program Rooms designed to accommodate general interest programs, community rentals for gatherings and meetings, arts and craft activities, and potentially some active living programs to relieve pressures on the group fitness studio. Design features should consider flexibility of space through durable flooring, appropriate ceiling heights, integration of audio-visual equipment for meetings, and/or storage. One multi-purpose program room should be designed in a manner to be re-purposed to dedicated older adult space, should it be required over the long-term, as there is insufficient evidence of demand at present to warrant the provision of older adult space .. The ultimate design of the facility components, including the features contained within them, should be confirmed through the detailed design stage that would likely be initiated sometime around the year 2020. As part of that architectural design phase, subsequent community engagement would be beneficial to ensure that the ultimate community centre design is reflective of public opinions as well as best practices in sport-friendly features, barrier-free accessibility, safety, and functionality. The community centre should also be designed under the premise that it would be expanded through a second phase of construction thereby leaving sufficient room on the site to add a multi-pad arena, if supported by a mid-term Arena Provision Strategy. Integration of a splash pad within that Community Park would allow residents to benefit from the community centre's washrooms, change rooms and parking while reinforcing the site as a year-round destination of activity. Depending upon site availability, inclusion of sports fields should also be considered as should a library branch in recognition of the Pickering Public Libraries' 1 0-Year Facilities Plan (201 0) that recommends a District Branch to serve Seaton (an updated library assessment would be required given library services are not in the scope of this Master Plan). Ideally, the community centre would be connected to the City's trails/active transportation network and would be serviced by transit to maximize its accessibility. Sports Field Development Seaton provides an opportunity to enhance the City's supply of sports fields given its relatively" undeveloped state, more so than areas of Pickering that are more established and land acquisition for fields is more difficult or cost-prohibitive. The following sports fields are recommended for the Seaton community: • Rectangular Fields consisting of one lit artificial full size field and four lit natural grass fields at a future Community Park(s). In addition, four unlit natural grass fields should be constructed at future Community and/or Neighbourhood Parks.· The Master Plan also recommends removing two existing soccer fields from Brockridge Community Park in South Pickering and relocating them to a Neighbourhood Park(s) in Seaton. Collectively, this strategy would add 11 soccer fields in the Seaton community that would provide the "unlit equivalent" of 14 fields due to the proposed use of artificial turf and field lighting systems that extend the playing capacity of the fields. • Ball Diamonds consisting of two lit softball diamonds co-located at a Community Park to facilitate simultaneous games and tournaments, along with two unlit hardball diamonds at a Neighbourhood Park (unless there is sufficient room at the Community Park proposed for softball diamonds that would allow the City to create a ball diamond complex). Collectively, this strategy would add 4 ball diamonds in the Seaton community that would provide the "unlit equivalent" of 5 diamonds due to the proposed field lighting systems. • Cricket Pitch requirements are such that Pickering requires one venue over the master planning period and would thus be addressed by the pitch at Alex Robertson Park. However, the existing cricket pitch is undersized and its user groups are looking for selected improvements to enhance the playing experience but it would be risky for the City to invest in its existing pitch without a long-term guarantee of access given it sits on leased land. Removing the cricket pitch from Alex Robertson Park and relocating it to a future park in Seaton is an opportunity worth considering provided that its.,.planned base of parkland can accommodate a pitch, quantifiable demand for cricket is demonstrated, and that the cultural makeup of Seaton creates a sufficient market for cricket. A Recreation Services Plan for Seaton A number of other recreation and parks amenities have been recommended for the Seaton including a community garden (contingent on a willing community organization contributing towards its general maintenance and operation), six tennis courts distributed across three parks, three basketball courts at up to three parks, and a minimum of eleven playgrounds with the intent that all residential areas have access to a playground within an 800 metre service radius unobstructed by major pedestrian barriers. In addition to the splash pad recommended at the multi-use recreation facility site, an additional splash pad should be provided at a future Village Green as part of an ongoing discussion with the land development industry. Upon the Seaton community beginning to develop more robustly and a~ a critical mass of population, the City should develop a Recreation Service Plan specifically for Seaton in order to be proactive about the programming and service needs of the increased population. At a minimum, this would include a communications strategy to promote existing City of Pickering recreation and parks services, an approach to providing/enabling the appropriate range of services in Seaton, and engaging residents to form self-governing groups to bolster community capacity in supplementing the number and type of recreation activities in the area. Constructing a Seniors' and Youth Centre in Downtown Pickering With greater demands for housing throughout the G.T.A., Pickering and many area municipalities are creatively exploring ways to increase residential densities within established areas. Known as infill or intensification-related development, Pickering is planning ways to accommodate new residents within its City Centre and create a livable, vibrant environment that provides quality civic services including through recreation and parks. Although much of intensification related growth will occur beyond the master planning period, Pickering has been experiencing growth in the City Centre and the number of persons living there is projected to increase by 73% over the course of the master planning period. It is important for the City to proactively provide recreation and parks amenities in established areas where significant growth is expected to occur, largely because developable land is at a premium and often expensive to purchase or redevelop. The most notable recommendation of the Master Plan as it relates to the City Centre is to construct a new Seniors' and Youth Centre, re-affirming previous analyses completed by the City. The vision for a new Seniors' and Youth Community Centre is to be located adjacent to the Pickering Civic Centre and Library, and would effectively replace the 70 year old East Shore Community Centre, The adjacency of the proposed facility to the Central Library should also provide unique and supportive programming opportunities to the benefit of youth and seniors. Based on an evaluation of recreation space needs through the Master Plan, the Seniors' and Youth Community Centre should include the following recreational components: • Dedicated Spaces for Otder Adults and Youth, designed in consultation with residents representing those respective age categories and embodying Age- Friendly and Youth-Friendly design philosophies. Productivity areas such as computer or multi-media labs should also be considered as should "green rooms" for sound and video editing, music studios, lounges and games rooms, etc. • Full Size Gymnasium that is lined in a manner that allows sports such as (but not limited to) basketball, volleyball, badminton and pickleball to take place while ensuring sufficient playout lines between the court and surrounding walls. • Multi-Purpose Program Rooms designed to accommodate general interest programs, gatherings and meetings, arts and craft activities, and potentially some active living programs to relieve pressures on the gymnasium. Design features should consider flexibility of space through durable flooring, appropriate ceiling heights, integration of audio-visual equipment for meetings, and/or storage. Timing for construction should take place within the next five years given the East Shore Community Centre's condition and its ongoing challenges in meeting community programming demands. Once constructed is complete, all programming from East Shore should be shifted to the new community centre after which the City should investigate options to repurpose or decommission the East Shore Community Centre. Connecting Physical Activities to the Outdoors Parks and natural area lands are an oasis within urban environments, providing the connection to nature and green space that humans instinctively crave. Increasing urbanization has heightened the role of parkland in providing important recreation, cultural and social opportunities for people particularly as urbanization and busy lifestyles is resulting in many people not getting outdoors enough. There is literature to suggest a disconnection to nature can lead to feelings of anxiety, depression, aggression, sadness and negative emotions. Furthermore, children are given fewer opportunities to engage in outdoor and 'risky' play compared previous generations which has led to less time being spent outdoors and more time spent indoors engaged in sedentary behaviours (and most likely in front of screens). The Master Plan emphasizes the "reconnection" to the outdoors through parks and recreation experiences. From recommendations aimed at bolstering parkland supplies and quality of design to constructing sports fields, hard surface courts, and splash pads, the intent is to make the outdoors part of the daily physical activity regimen among Pickering residents. Also of note is a recommendation for the City to explore 'adventure' playground designs that centred upon balance, agility and replication of what today constitutes 'risky' environ'ments despite it not being perceived as such in the past. Beyond the provision of facilities is the 'animation' of outdoor public spaces so that multi-seasonal program opportunities can be facilitated formally or informally through use of sensory gardens, areas for yoga and tai chi, integration of small berms for interval training, etc. Continue Collaborations and the Pursuit of Partnerships The City works with its partners to provide the highest level of service to the public while considering sharing of resources and reducing duplication. The City is open to working with community partners and has numerous arrangements in place. In all partnership arrangements, specifications and requirements must ensure that the partner respects and aligns with the Department's vision, mandate, values, strategic priorities and service standards. The value in seeking out partnerships to provide a net benefit to both organizations and essentially reduce costs to the municipality. The City should continue to maximize partnerships with community agencies to broaden recreation and parks opportunities to the public with consideration given to cost containment and other community benefits. Pricing Programs and Services to be Fair and Sustainable The City of Pickering's pricing of rates and fees for parks and recreation services is, for the most part, based on historical pricing plus inflation and a comparison to the market. This approach relies on historical practices and does not reflect cost recovery based on the true cost of the service. Current best practices in recreation pricing suggest that a municipality first understand the cost to deliver the service including both direct and indirect costs which can then be used to determine where efficiencies could be gained. A Pricing Policy could then be developed to determine the value of the program or service to individual and community good and the percentage of the program or service that must be cost recoverable to ensure fiscal sustainability over time. The City will need to undertake work in order to set a defensible pricing policy. It is strongly recommended that staff work to fully understand and define the true costs of programs and services so that a subsequent pricing policy can outline what percentage of the costs should be recovered through rates and fees. Summary of the Master Plan's Recommendations The following is a summary of all 77 recommendations contained in the Recreation and Parks Master Plan, categorized by facility and service delivery areas of focus. Parks System 1. Adopt a new parkland hierarchy system as part of a future Official Plan Review or amendment,. based on the framework identified in the Recreation and Parks Master Plan to provide greater clarity and accuracy towards locational characteristics, service area, permitted uses, and other details to guide the development and redevelopment of parkland in Pickering. 2. On an opportunity basis, pursue opportunities to acquire parkland over and above the 34.8 hectares planned for acquisition by the year 2026 to address the needs of areas under growth pressures and service gaps; through use of parkland development strategies identified in this Master Plan. The acquisition and development of future parkland shall have regard for the natural heritage system and as necessary, consultation with the T.R.C.A. is encouraged. 3. During the next Official Plan Review, consider the City's parkland dedication policies to ensure that they are consistent with the amended Planning Act as a result of Bill 73. 4. To supplement parkland dedications, utilize alternative parkland acquisition tools to enhance future parkland opportunities. Potential strategies include partnerships (e.g., T.R.C.A., school board, Hydro One, etc.), land purchase, or other methods described in this Master Plan. Emphasis should be placed on securing suitably sized and quality parkland parcels oriented towards recreational uses. 5. Continue to monitor the use and evaluate opportunities to expand the number of garden plots available at Dfana, Princess of Wales Park as surrounding areas intensify residential lands. Any expansion of the community garden should be undertaken in conjunction with the Valley Plentiful Community Gardeners. The City should also investigate the potential to provide parking near the garden plots to provide gardeners with convenient and accessible access. 6. Establish a second community garden in Seaton contingent on seeking a willing community organization that will commit human and/or financial resources towards general maintenance and operation of the community garden. In consultation with residents and community stakeholders, a suitable site in Seaton should be selected, with consideration given to being centrally located, co-located with other recreation and park facilities, available amenities (e.g., water), and other site criteria identified by the City. 7. Monitor the usage and carrying capacity of the Grand Valley Park leash free area. ·should the City receive significant requests and supporting study determines the need for additional leash free area, investigate appropriate locations and potential partnerships at that time. 8. With respect to the planning of active transportation infrastructure, Pickering's Integrated Transportation Master Plan should enhance existing recreational and utilitarian connections, linking future parks with the existing network, active transportation design, supporting amenities, maintenance, accessibility, and other relevant land uses/destinations as identified by the City. Alignment with T.R.C.A.'s Trails Strategy (which is currently being completed) is also encouraged. Indoor Recreation Facilities 9. Detailed design of future indoor recreation facilities should be undertaken with an architect and in consultation with stakeholders and the public to define the allocation of space by component, confirm space needs, and to identify required supporting amenities (including sport-friendly features). 10. Construct a new multi-use recreation facility in Seaton as Pickering's population reaches approximately 120,000 (forecasted after 2021 ), which should include a 25 metre, 6 lane rectangular indoor pool and separate warm water leisure pool, fitness centre and studio, full size double gymnasium, walking track, dedicated youth space, and multi-purpose spaces. 11. Construct a Seniors' and Youth Community Centre in Pickering's City Centre within the next five years to replace the aging East Shore Community Centre. The new Community Centre should include a full size gymnasium with an elevated walking track, dedicated spaces for older adults and youth, and multi-purpose spaces. 12. Contingent upon the construction of the Seniors' and Youth Community Centre in Pickering's City Centre, investigate options to repurpose or decommission the East Shore Community Centre due to its advanced age and deteriorating condition, which has limited the functionality to program space optimally to meet the needs of residents. 13. Design the recommended multi-use recreation facility in the Seaton area in a manner that allows· it to be expanded to include a multi-pad arena through a second construction phase, contingent upon findings of a comprehensive arena provision strategy (Recommendation #14) undertaken at a future time. 14 Prepare an Arena Provision Strategy, or a comprehensive arena assessment as part of the scheduled 5-Year Update to the Recrec;ltion and Parks Master Plan, to determine whether a net expansion to the City's supply of ice pads and/or relocation of an existing ice pad(s) is warranted based on prevailing market forces and arena operating conditions. 15. Construct one indoor pool as part of a multi-use community centre in Seaton as the population reaches approximately 120,000 (forecasted after the year 2021 ). The indoor pool should contain a 25 metre, 6 lane rectangular pool and a separate warm water leisure tank to support swimming instruction, aquafit, therapy, and more. 16. Develop a full size gymnasium as a part of the proposed Seniors' and Youth Community Centre and a full size double gymnasium as part of a future multi-use community centre in Seaton. Both gymnasium locations should be designed with sport friendly features in mind. 17. Construct a fitness centre as part of a future multi-use community centre in Seaton. A group fitness studio(s) should be included to support the delivery of health and wellness programming. Supporting amenities should be considered including, but not limited to, flooring types, mirror walls, drinking fountain stations, storage space, and opportunities to integrate digital media systems and the latest technologies to enhance the health and wellness experience for users (including the provision of infrastructure space). 18. Integrate outdoor fitness equipment in existing or future parks. Potential locations include active parks, along trail routes and/or the waterfront, and in neighbourhoods with concentrations of lower income households and/or older adults. 19. Incorporate an indoor walking track as a part of the proposed multi-use recreation facility in Seaton and at the proposed Seniors' and Youth Community Centre in south Pickering. 20. A dedicated children and youth centre should be included as a part of a multi-use community centre in Seaton. The provision of a new children and youth space at the proposed Seniors' and Youth Community Centre in south Pickering is also supported by this Master Plan. The integration of dedicated children and youth space should include various space arrangements depending on the intended use and function $UCh as a lounge, games room, multi-media room, general activity space, and shared kitchen. Further consultation with children and youth is encouraged to identify and confirm space requirements. 21. This Master Plan supports the provision of a new older adult space at the proposed Seniors' and Youth Community Centre in south Pickering. The provision of space should include, but not limited to, a games room and lounge, computer room, and activity room. Consultation with the public is recommended to identify and confirm facility space requirements. 22. While the integration of dedicated older adult space at the proposed multi-use community centre in Seaton is not recommended at this time, the facility's meeting and/or program rooms should be designed with the potential to be converted to older adult space, should it be required in the future. The City should monitor requests and re-evaluate the need for dedicated older adult space during the next Master Plan period. 23. Multi-purpose rooms should be integrated at the proposed Seniors' and Youth Community Centre and as part of a multi-use community centre in Seaton. These spaces should be flexibly designed to accommodate a broad range of programming opportunities that respond to community needs and to be converted to other facility uses (if required). Supporting facility amenities may include, but not be limited to, partition walls, storage, sinks, kitchen, and other ancillaries staff deem necessary. 24. Investigate strategies to enhance utilization of the indoor tennis courts such as offering free or low-cost clinics/programs on a temporary basis, engage outdoor tennis clubs to increase usage during the winter months, or other strate:gies identified by the City. 25. Delineate playing boundaries for pickleball on the gymnasium floor at the proposed Seniors' and Youth Community Centre, the proposed multi-use facility in Seaton, and at the existing indoor tennis courts at the Pickering Recreation Complex. Consideration should be given to using a distinct boundary colour to differentiate playing areas with other court markings. 26. Repurpose a minimum of one racquetball court at the Pickering Recreation Complex for other uses such as additional group fitness space. Alternatively, creative strategies should be explored to offer non-traditional recreation activities on a temporary basis such as virtual reality simulators (e.g., golf, digital fitness), rock- climbing wall, or another activity. Potential repurposing options should be guided by input from the public. 27. Continue to monitor the demand for indoor turf facilities over the master planning period, including the collection of utilization data, to determine if/when a second ·facility is needed. Outdoor Recreation Facilities 28. Construct 12 new unlit equivalent soccer fields in Seaton over the planning period while initiating an on-going monitoring process to ensure that the City does not over- supply fields and to determine if/when additional fields are required beyond those recommended in the Master Plan. Multi-field sites are encouraged to support simultaneous games and tournament. The following soccer fields should be constructed. Where appropriate, supporting amenities should be provided including, but not limited to parking and washrooms. a. One lit artificial full size field at a future Community Park. b. Four lit natural grass fields at a future Community Park. c. Four unlit natural grass fields at a future Community or Neighbourhood Park. 29. Explore opportunities to remove, relocate, and/or repurpose existing sports facilities to improve utilization, with consideration given to the following. a. Relocate the two intermediate soccer fields at Brockridge Community Park to Seaton. b. Re-purpose the underutilized ball diamond at Maple Ridge Park into a soccer field. 30. Construct ball diamonds at a minimum of two parks in Seaton utilizing the following construction approach. Where appropriate, supporting amenities should be provided including, but not limited to, parking and washrooms. a. Two lit softball diamonds co-located at a Community Park to facilitate simultaneous games and tournaments. -18 b. Two unlit hardball diamonds at a Neighbourhood Park unless there is sufficient room at the Community Park proposed for softball diamonds and the City intends to create a ball diamond complex in Seaton. 31. Evaluate opportunities to remove, relocate, and/or repurpose surplus ball diamonds, with consideration given to the following: a. Convert underutilized or antiquated softball diamonds, as appropriate, to hardball diamonds to relieve pressures at existing hardball diamonds. b. Repurpose the non-permitted ball diamond at Maple Ridge Park to an intermediate soccer field, thereby creating a multi-field location suitable for simultaneous and tournament play, given the presence of an intermediate soccer field already on site. 32. Engage the Durham District School Board and the Durham Dolphins Football Club to explore ways to collaboratively improve the playing experience at Beverly Morgan Park. 33. As a long term strategy, explore opportunities to relocate the cricket pitch at Alex Robertson Park. The relocation of the cricket pitch should be subject to demand and the ability to identify a park (preferably in Seaton) with sufficient space to accommodate a new pitch and supporting amenities to be determined in consultation with the Cricket Club. 34. Construct a two tennis court pod at a minimum of three future parks in Seaton and, if feasible, at Rouge Valley Park. 35. Engage the neighbourhood tennis clubs to discuss ways in which to improve the local sustainability of the sport, improve operational efficiencies of the City and the Clubs, and explore potential amalgamation of Tennis Clubs and consolidation of the club-court supply. 36. Delineate playing boundaries for pickleball at a select number of the new tennis courts recommended in this Master Plan. Consideration should be given to using a distinct boundary colour to differentiate playing areas in order to avoid confusion between the two sports. Preferred locations should include parks that are within proximity to high concentrations of older adults or along major transportations/transit corridors for ease of access. 37. Construct two basketball courts at Beechlawn Park and Creekside Park to reconcile service gaps in south Pickering. 38. Evaluate and identify future parks in Seaton to construct three basketball courts. Site considerations should be given to availability and proximity to schools and other recreation facilities used by youth, walkability, visibility, and other criteria to be identified be the City. 39. At a minimum, future basketball courts should be designed to be full size basketball courts with two posts, hoops, and surface paint markings. Additional features for consideration include, but are not limited to, seating, shade, paint markings for other hard surface activities, landscaping, and appropriate sound buffering. 40. Recognizing that a new outdoor rink is included in the Master Plan for Claremont Memorial Park, additional or future outdoor ice rink(s) should only be considered in conjunction with other civic planning, urban design and/or economic development analyses given the sizeable costs to construct and operate refrigerated rinks. ' 41. Implement the recommendations of the City's Skateboard Park Strategy. 42. Construct two splash pads in Seaton. One splash pad should be developed in concert with the proposed multi-use community centre. The City and a developer are currently in the process of planning a second splash pad, which will be located in a future Village Green in Seaton, which is expected to meet this need. 43. Address playground gaps through future park development within the South Pickering Urban Area. 44. A minimum of 11 playgrounds should be strategically located at future parks within Seaton to provide sufficient coverage within residential areas. At the City's discretion, additional playgrounds should be considered, where appropriate, to enhance geographic distribution and serve gap areas. Future playgrounds should be located within 800 metres of residential areas, without intersecting major obstructions such as arterial roads and railways. 45. The construction of new or redeveloped playgrounds should integrate natural I adventure features, which may include the use of natural materials (e.g., wood, stones, boulders, etc.), higher climbing structures, rope courses; and more. Playground design shall have regard for the Design of Public Spaces Standard and incorporate accessible playground features, such as using a firm and stable surface. Consultation with accessible groups and users is also encouraged. These factors should be considered as the City continues to prepare its playground replacement program. 46. Where possible, accommodate requests for access to, or increased use of, outdoor running tracks at Pickering's existing facilities and school facilities. Encouraging Greater Participation in Recreation and Parks Activities 47. Strengthen the Service Delivery Model by convening joint meetings with all providers and related agencies (e.g., T.R.C.A.) in Pickering to share priorities and address common issues collectively. 48. Develop a Community Engagement Strategy to welcome new residents to Seaton, inform them of recreation and parks opportunities and begin to assist groups form or expand existing groups to provide localized recreation and parks opportunities. 49. Cantin ue to stress the importance of the need for children and families to be safe in and around water. Place a greater emphasis on public education and the need to learn to swim. 50. Continue to work with the school boards to broaden the Swim to Survive program. 51. Work to reduce screen time and at a minimum place larger toys in playgrounds to encourage children and caregivers to stay outdoors longer. 52. Continue to engage youth and meet the Playworks Partnership revised criteria for Youth Friendly Communities. 53. Work with community partners to jointly fund a youth worker over a period of 3 years and evaluate the merits of this approach to youth engagement and empowerment. 54. Host focus groups with adults to determine the right mix of programs and services with a view to increasing participation in this segment of the population. 55. Investigate the feasibility of adopting Parks and Recreation Ontario High Five-The Principles of Active Aging in the provision I enabling of programs and services to the older adult population. 56. Continue to monitor penetration rates and participation in drop-in opportunities to maximize participation. 57. Develop a Recreation Service Plan for the Seaton community in order to be proactive about the recreation needs of the increased population. Include at a minimum, a communications strategy to promote existing services, an approach to providing/enabling a range of services and engaging residents to form self- governing groups. Increasing Access and Inclusion .i .. d.1 18 58. Develop a Practice Guideline to support the current Access and Inclusion Policy for recreation and parks that outlines the role of the City of Pickering will take in working with the community to remove barriers and increase access to recreation and parks opportunities for all marginalized populations. 59. Develop an Equity Lens that serves to assist and train City staff in the needs of equity seeking individuals and groups within Pickering and in welcoming practices. 60. Develop an Access and Inclusion Reference Group made up of diverse and marginalized populations in Pickering to ensure that the City continues to strive to be inclusive and strengthens a sense of belonging for all residents. 61. Ensure that all public recreation and parks facilities in Pickering are welcoming to the LGBTQ2S community by adopting practices as outlined by Safe Spaces Canada. 62. Increase the number of low income residents participating in recreation and parks programs either by increasing the percentage of this population that access to Access to Recreation Program and/or by offering a greater complement of free to low cost opportunities in predominantly low-income areas. 63. Formalize ongoing .dialogue with representatives of culturally diverse groups to ensure that recreation and parks needs are being met either by offering recreation opportunities common to their needs or introductory opportunities to traditional Canadian experiences. 64. Monitor the use of recreation programs and opportunities by gender/gender identity to ensure that there are equitable opportunities and respective participation rates for all. Encouraging Physical Activity in the Outdoors 65. Develop a multi-year Communications Strategy on the advantages of being active and being outdoors. Ensure that the Strategy targets various segments of the population using appropriate communication vehicles. Include a community signage program to encourage physical activity. 66. Animate outdoor public spaces with active program opportunities such as yoga, tai chi, and other activities during appropriate seasons. 67. Further research and experiment with risky play applications to keep families outdoors longer and engage in self-discovery. 68. Identify Heart Healthy choices in the Leisure Guide and use the guide for public messaging with respect to the benefits of active living. 69. Work with surrounding municipalities and the Region of Durham to implement the evidence-based strategies identified by the World Health Organization to increase levels of physical fitness in Pickering. Strengthening Community Capacity and Organizational Effectiveness 70. Continue to maximize partnerships with community agencies to broaden recreation and parks opportunities to the public with consideration given to cost containment and other community benefits. 71. Articulate the costs to provide individual units of service (cost for set of swim lessons, maintain a sports field, etc.) in order to develop an equitable and fair-minded Pricing Policy. 72. Research and obtain volunteer software to offer online volunteer opportunities, a pre-screening process, training, and tracking of volunteer hours with a view to increasing volunteerism in Pickering. 73. Work as a staff team to define the Community Services Department culture, values, and respective behaviours to maximize cohesion, efficiencies and effectiveness across divisions. 74. Formalize levels of service with a view to determining the description of service, target conditions, scheduled actions and work effort to arrive at an equitable· distribution of work and allocation of resources. 75. Develop a standard methodology of testing satisfaction levels in programs and services. 76.. Refine and gather baseline data in year one to inform Council and residents as to the recommended performance measures. 77. Establish a system for the regular implementation, monitor, and review of the Master Plan, including the creation of an annual work plan to identify accomplishments and priorities for the coming year. A high level 5-year review and a detailed 1 0-year update should be undertaken. Skateboard Park Strategy 2017 Executive Summary The City of Pickering recognizes the importance of skateboarding as an unstructured form of recreation for the physical and creative well-being of its citizens of all ages and skill sets. As such, City Council directed staff to develop a Skateboard Park Strategy as a supplement to its Recreation and Parks Master Plan. The City of Pickering commissioned van der Zalm + Associates and New Line Skateparks to undertake the strategy and provide a concept design for the City's priority skateboard park site. The report recommendations are as follows: a. Existing Skateboard Parks The current skateboard park located in the Diana, Princess of Wales Park is aged and in poor condition. Retrofitting this park is not a feasible option and therefore, when a suitable replacement has been constructed it should be decommissioned. b. Skateboard Park Area Based on current population and skateboard usage data, the City of Pickering is in need of 2,212m2 (23,810ft2) of skateable area. With population growth this is expected to rise to 3,090m2 (33,263ft2) over the · next 10 years. With an expected build out population of 70,000 people, Central Pickering (Seaton) will require 1,680m2 (18,083ft2) of skateable area. c. South Pickering Network Option Option 1, 'Civic Centric' is the recommended concept for the City of Pickering. This will provide an immediate larger focal skateboard park, while adding localized skateboard parks spread across the city for improved access and inclusivity. d. Central Pickering (Seaton) Network Option This would provide a community level skateboard park at Seaton's centre with either skate spots or skate dots dispersed across the surrounding new or existing neighbourhoods. e. Priority Site The Pickering Recreation Complex front plaza is the recommended priority site for the central community skateboard park. This site is most suitable to host a Community level skateboard park. This location will provide optimal accessibility, visibility and amenities while also retrofitting the front of the Recreation Complex. f. lnclusivity Include other wheeled-sport user groups in the skateboard park venues and throughout the design process. This includes but is not limited to bmx, inline skaters, scooters, roller skaters and longboarders. g. Funding opportunities A variety of funding sources should be considered including municipal, provincial, and federal governments, as wellas, the private sector, non-profits or other community partners in the allocation offunds, grants, donations and partnerships. h. Ongoing Engagement This report sets the framework for creating a skateboard park network in the City of Pickering. To fulfill the 'Civic Centric' network concept many routes may be taken. Potential sites should be reviewed further and prioritized with community involvement. van der Zalm + associates """""" mv'•!:t:;Jl'l<:!Cl!""O: cs 01-18 Subject: Community Festivals and Events Policy January 8, 2018 Page 3 New in 2018, City staff will be proposing the following in the 2018 Budget (Summary of Fees and Charges): 1. New "Application Fees" by event category in order to offset, in part, the staff costs associated with the screening of an application. Larger events require more staff time. Event Category Application Fees Community Event Application $25 (plus HST) (under 1000 guests) Community Festival Application $1 00 (plus HST) (1 000-4999 guests) Partner Event Application $250 (plus HST) (5000 or more guests) 2. New "Refundable Park Damage Security Deposit" at rates that rise incrementally by the number of persons at the event. Currently, the City does not require damage security deposit for park permits as we do for facility permits. There is occasion when damages to City parks can occur during permitted events. The new refundable damage security deposit will enable the City to readily draw on the deposit to repair such damages. If no damages are incurred . during the permitted event, the applicant will be refunded the deposit in full. Therefore, proposed in the 2018 budget will be the following Park Damage Security Deposit effective March 1, 2018: Park Damage Security Deposit 0-99 people $50 1 00-199 people $100 200-499 people $250 500-999 people $500 1 000-4999 people $750 5000 or more people $1000 In 2018, City staff will be reviewing our existing "Park Permit Fee" structure for events/festivals. Currently, the City's pari.< permit fee is $40 plus HST per day despite the magnitude of event attendance. This flat rate approach is inconsistent with municipal best practice of neighbouring municipalities such as Oshawa and Ajax who charge park permit fees based on estimated attendance ranging from $55 to $953. As a result, staff will review the park permit fee structure in 2018 in consultation with applicable stakeholder groups. Any proposed changes will be reflected in a future budget (Summary of Fees and Charges) which is subject to Council's approval. Discussion: In 2014, Council endorsed the City's Cultural Strategic Plan as per Council Resolution #247/14. The Plan outlined a pathway for the successful integration and promotion of Culture in order to enhance and sustain the social and cultural well-being of the City. The Plan outlined a vision and strategic directions to achieve the goals of the plan. 26 cs 01-18 Subject: Community Festivals and Events Policy January 8, 2018 Page 4 In fact, six Strategic Directions were proposed for the Cultural Plan: 1. Broaden and deepen city leadership and investment. 2. Build a strong and collaborative cultural sector. 3. Strengthen culture-led economic development 4. Conserve and promote history and heritage. 5. Celebrate and support diversity and inclusion. 6. Cultivate opportunities for the creation, education and enjoyment of the arts. Under Strategic Direction 3, Cultural Services staff were tasked to create and introduce online user-friendly tools such as a Community Events Application & Community Manual to encourage community organizations, residents and corporate partners to take the lead in the provision of cultural initiatives. In an effort to reach this goal, several steps were undertaken. 1. Staff resources in Cultural Services vvere dedicated to the support of Community Events. 2. A Community Events Staff Committee was created to ensure communication and consistency in the delivery and processing of Community Festival and Event applications 3. Cultural Services staff, in collaboration with the Community Events Staff Committee, have drafted an online Community Festivals & Events Manual that provides a concise detailed process for operating successful community events within the City of Picke(ing. The contents were developed through a review of current community-led events, in consultation with department staff, and considering municipal best practices. Staff referenced event manuats and best practices currently employed by the Municipalities of Toronto, Brampton, Barrie, and Burlington. The draft manual has been presented to the Cultural Advisory Committee for comment and · feedback. In 2018, City staff will consult with applicable stakeholder groups to collect their feedback to the draft Community Festivals & Events Manual prior to implementation. When finalized, the online manual will be used by organizations and individuals to plan community events, and includes: 19 step by step directions on identifying event scale, timelines for successful operation, and the application process to operate Community Festivals & Events in Pickering 19 detailed information on application, permitting, and licensing processes • critical paths to assist ·organizers with meeting required timelines for successful operation 4. The Community Events Staff Committee, in collaboration with the Cultural Advisory Committee, created the Community Festivals and Events Policy to identify a process by which permit requests for events in City Parks are considered and approved. The policy has been presented to the Cultural Advisory Committee. 27 05 Delegation of Authority 06 Community Festivals and Events Approvals and Restrictions 07 Administrative Requirements 01 Purpose The City of Pickering recognizes that community led public events significantly contribute to the community's sense of place and are an important form of public celebration. Community events are an integral part of creating a vibrant and diverse City. This policy provides a framework to support community led public events in parks and public open spaces, and establishes objectives to ensure that events are compatible with the City's vision for a vibrant and sustainable community. 02 Scope The Community Festivals and Events Policy is designed to: • Establish the process for supporting, and/or administering events held within City Parks, utilizing Municipal facilities; • Provide guidelines for fair, equitable, transparent and consistent decision making and access; • Establish uniform criteria and procedures for the use of parks for special events; • Promote a diverse range of organized activities; and • Ensure that the City's parks and facilities are used for the benefit of the entire community. To ensure that events are compatible with the City's vision for a vibrant, sustainable community, the City supports and manages events in order to meet the following objectives: • Balance the needs of event participants, parks users and neighbours; • Ensure that events are compatible with event venues; • Ensure the protection of the natural environment; • Promote a diverse range of activities and opportunities; and, • Encourage participation and inclusion of all members of the community. 03 Application This Policy applies to the operation of Community Festivals and Events in Pickering. 04 Definitions 04.01 Community Events occur on City of Pickering property, are open to the public, have an estimated attendance of 20 -999 guests per day and include one or Policy Title: Community Festivals and Events Policy Policy Number: ADM 200 Page 2 of 9 31 more of the following criteria: alcohol sales, staking, generators, industrial cooking, raffles, amplified sound, carnival or fair, food vendors and may include use of a Signature Park. Community Event organizers are required to submit a Community Festivals & Events Application to the City. Event operation is subject to approval of the Community Events Committee. Community Event requests for Esplanade Park must be approved by Council. 04.02 Community Events Committee is responsible for the approval of Community Festivals & Events and the development of community event guidelines. The Committee is comprised of City staff representatives from Traffic, By-law, Finance, Community Services, Planning, and Fire Services. The team meets monthly to consider event requests, and upcoming events. 04.01 Community Festivals occur on City of Pickering property, are open to the public, have an estimated attendance of 1,000 to 4,999 attendees per day, and include one or more of the following criteria: alcohol sales, staking, generators, electrical hook ups, industriql cooking, road closures, raffles, amplified sound, carnival or fair, food vendors and may include use of a Signature Park. Community Festival organizers are required to submit a Community Festivals & Events Application to the City. Event operation is subject to approval ofthe Community Events Committee, and the Director, Community Services. Community Festival requests for Esplanade Park must be approved by Council. 04.02 Independent Events occur entirely on private property within Pickering. Organizers of Independent Events are required to follow all applicable City by- laws and gather applicable licenses, permits and insurances. Independent events are not required to submit a Community Festivals & Events Application to the City. 04.03 Non-commercial Photography is the professional or amateur collection of . images through photography for personal use, where the images will not be distributed or made available for sale/profit. Non-commercial photography can be booked directly with the Assistant Coordinator, Parks & Facility Bookings. 04.04 Partner Events occur on City of Pickering property, are open to the public, estimated attendance is 5,000 guests or more per day, and include one or more of the following criteria: alcohol sales, staking, generators, electrical hook ups, industrial cooking, road closures, raffles, amplified sound, carnival or fair, food vendors, fireworks, parade, and may include use of a Signature Park. Partner Event organizers are required to submit a Community Festivals & Events Application to the City. Event operation is subject to approval of the Community Events Committee, the Director of Community Services and GAO. Partner event requests for Esplanade Park must be approved by Council. 04.05 Private Events occur on public property in the City of Pickering, and have a private guest list of under 1,000 guests. Organizers of Privp.te Events are required to follow all City By-laws and gather applicable licenses, permits and Policy Title: Community Festivals and Events Policy Page 3 of 9 3 2 Policy Number: ADM 200 · 04.06 04.07 insurances. A Community Festivals & Events Application is not required to be submitted to the City for Private Events. Road Races/Bike Rides event categories encompass runs, walks or biking races on trails or roads that may include road closures and traffic disruptions. Event attendance and permit requirements will determine the event scale and application timelines. Signature Parks are parks located within the City of Pickering that have a special set of approval and booking criteria due to its profile and location. Signature Parks are Esplanade Park, Millennium Square, Alex Robertson Park and Bruce Hanscombe Park. Event requests for Esplanade Park must be approved by Council. 05 Delegation of Authority 05.01 Chief Administrative Officer to: a) support the allocation of staff resources to coordinate the Community Festivals and Events Policy; and b) consider and approve, as appropriate, City staff recommendations to permit Partner Event appli"Cations. 05.02 The Mayor and Members of Council to: a) direct inquiries related to Community Festivals and Events to the appropriate City staff; and, b) consider and approve, as appropriate, City staff reports to Council recommending a permit be issued for Partner Events at Esplanade Park. 05.03 Directors & Division Heads to: a) support the allocation of staff resources to participate in the Community Events Committee; b) to ensure their department meets the corporations obligations related to a City issued park permit and/or event agreement; and c) Director, Community Services to consider and approve, as appropriate, City staff recommendations to permit Community Festival applications. 05.04 Managers & Supervisors to: a) assign staff resources to coordinate Community Festivals & Events; Policy Title: Community Festivals and Events Policy Policy Number: ADM 200 Page 4 of 9 33 b) oversee revenue accounts and conditions of the agreement/permit to ensure that the obligations of all parties are being met; and 05.05 The Community Events Committee to: a) attend monthly meetings to consider event applications for City parks; b) screen applications and provide timely responses; c) recommend the approval or denial of an application, considering the guidelines of this procedure, to the applicant, Director, CAO and/or Council, as is applicable; d) keep an up-to-date listing of all current and available permits and existing agreements; e) track and report on annual community use of City parks for public special events; f) ensure that all agreements safeguard the Corporation; g) act as a liaison between department staff; h) assist department staff in the tracking of program participants in support of the program; i) promote the park permitting programs; j) serve as a centralized resource for any park permitting activities throughout the City; and k) collect feedback from the community, partners, and City staff on initiatives to maintain a positive program reputation, and enhance revenue outcomes. 05.06 Employees to: a) Adhere to the guidelines as set out in Section 05. a. Non-Compliance with Guidelines Failure to comply with this Procedure may result in disciplinary action. 05.07 Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Community Festivals and Events Policy Page 5 of 9 34 Policy Number: ADM 200 06 Community Festivals and Event Approvals & Restrictions 06.01 A Community Festival and Event Application submitted to the City for approval must meet certain criteria to be eligible for a permit, including compatibility with the provisions of municipal, provincial and federal laws as well as in accordance with rules and regulations administered by the City's by-laws, Durham Regional Police and Durham Region Public Health. 06.02 Applications will be evaluated by the Community Events Committee to ensure a varied mix and range of activities and interests which reflect the community and to ensure the request does not duplicate existing events. 06.03 To be considered for a permit, community festivals/events must provide a meaningful benefit to the community and must have a direct impact on one or more of the following areas: • Arts and Culture; • Environment; • Culture; • Diversity; • Heritage Promotion; • Environmental Benefit; • Education; • Health and Wellness; • Physical Fitness; • Enrich the character and identity of the City; • Create unique or innovative experiences; • Contribute to programming in slow seasons; • Extend the overall range and mix of programming in the City; and • Be openly accerting, inclusive and accessible of all community members. 06.04 Event approvals will be granted in a fair and equitable manner. When requests are submitted, the criteria used will be based on a number of different considerations: • Nature and type of activity; • Nature and type of the user requesting the event; • Space/staff/equipment availability the date requested; and • Benefit and/or enhancement of the community. 06.05 The City of Pickering will consider applications to host community festivals/events based on the following criteria: o There is a need within the community to host the event. Need is assessed by the following factors: it supports the initiatives of an official plan, the City does not offer similar programs/events and, the event model has a proven track record for success and/or degree of community interest/engagement. Policy Title: Community Festivals and Events Policy Policy Number: ADM 200 Page 6 of 9 35 That City resources are being allocated to a variety of event types, representative of all cultural aspects. • That the City has the resources to reasonably assign to the event without impacting City operations. That organizers have the capacity and resources to execute the proposed festival or event including human resources, financial stability, and a solid plan for marketing, public safety, accessibility, traffic, and parking control.. 06.06 The City of Pickering will decline Community Festival & Event requests if (but not limited to): • The proposed event will create a hardship for the City or the surrounding community. • Any event component is contrary to City of Pickering policies. • The organizing group cannot provide surety of their ability to be responsible for event operations, associated event costs and damages. 06.07 The City will not accept event applications from any individual/organization that endorses views or ideas that promote discrimination, contempt or hatred. The purposes, practices and event proposals of applicant groups must be consistent with the Human Rights Code. The following events or activities are not permitted in City parks or public open spaces: • Events that conflict with the City's values or that are deemed to impact negatively on the City's identity as being family friendly. • Events that contribute to the sale of tobacco, marijuana, pornography or support the production, distribution, and sale of weapons and other life- threatening products • Events that endorse views and ideas that are likely to promote discrimination, contempt or hatred for any person on the basis of race, national or ethnic origin, citizenship, religion, age, gender, marital status, family status, sexual orientation, disability, political affiliation, economic status or level of literacy. • Activities that exclude persons from participation in or enjoyment of the event on the basis of race, national or ethnic origin, citizenship, religion, gender, marital status, family status, sexual orientation, or disability. 06.08 The City will not permit events provided by organizations whose reputation could prove detrimental to the City's public image and/or whose main business is derived from: • The sale of tobacco or other addictive substances; • Pornography; and, Policy Title: Community Festivals and Events Policy Page 7 of 9 3 6 Policy Number: ADM 200 • The support of, ormvolvement in the production, distribution, and sale of weapons and other life-threatening products. 06.09 The City will not permit events which, either directly or through third party arrangements (i.e. vendors, sponsors), that: • Violate any City policy; e Convey a negative religious message that might be deemed prejudicial to religious groups; • Promote alcohol and other addictive substances, at venues geared primarily to children; • Present demeaning or derogatory portrayals of individuals or groups or contain anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; or • Is in direct competition with City of Pickering services, programs or initiatives. 06.1 0 The City reserves the right to reject or revoke permits for public events and to refuse to enter into agreements for partnership event or public event that originally may. have been openly solicited by the City. 06.11 City parks will not be closed to the general public during any permitted events. 06.12 The City may, at its discretion, bring any proposals to Council for their approval even if they do not meet the guidelines of thi$ Policy. 07 Event Applications and Permitting 07.01 When applying to conduct an event, a Community Festivals and Events Application must be completed in accordance with the guidelines set out in the Community Festivals & Events Manual and submitted for consideration to the Corporate Events Committee. To ensure availability of resources, the application is to be completed in order to be considered. • Approvals will take into consideration the size of event and what is being requested; the availability of equipment and space; other event currently scheduled for the day requested. • The organizers will be held responsible to pay for all direct fees related to the event including licenses, permits, City staff during event operations, rentals and any damage or replacement of equipment. • The organizers will be responsible for picking up and returning equipment borrowed (except for large items such as picnic tables and garbage containers, barricades for road closures). 07.02 Resources and In-Kind Services may be provided to support events upon request. These services include: Policy Title: Community Festivals and Events Policy Policy Number: ADM 200 Page 8 of 9 37 • Event area inspection, grass cutting and prep, parking and traffic plans and set-up, City promotions, or electrical access. • In some cases for partner events, City staff will be present during event operations to clean facility washrooms adjacent to Park, remove garbage, assist with set-ups and respond tq unanticipated requests from the event promoters. • Limited printing assistance. • Staff assistance in an advisory capacity during the planning. • For Community Festivals and Partner Events, a staff liaison may be arranged: o to assist with arrangements for City resources, e.g. equipment, deliveries, etc. o to confirm availability and assist with the booking of City facilities, equipment and services. o to obtain site maps for road or park locations. 07.03 If approved, application will form the basis of a permit, referred to as a Parks or Facility Permit. The permit provides permission for event organizers to conduct their event. The applicant will be responsible for all costs associated with the event. 07.04 The permit includes the specific conditions for the use of the site, and the required fees (refer to current City User Fees and Charges By-law, and Conditions of Community Events Permit). Policy Title: Community Festivals and Events Policy Page 9 of 9 38 Policy Number: ADM 200 cs 04-18 Subject: Sports Field Allocation Standard Operating Procedure January8, 2018 Page 2 the size and activities of the sports association. If fields are left clean, undamaged and the Permit Holder does not exceed approved time or conduct activities that have not been approved, the deposit will be returned at the end of the permit. Should groups be witnessed by City staff, or proven by other means to be in breach of the terms and conditions of their rental agreement or the Sports Field Allocation SOP, the deposit may not be returned in full or in part. b) An administration fee will be charged to applicants for changes made to any permit once the season is in progress. The administration fee charge is $35.00 plus HST. Discussion: The City of Pickering is committed to providing opportunities for all residents to enjoy a healthy lifestyle through a variety of municipal programs, facilities and parks that encourage physical participation and community engagement. Pickering is home to over 270 hectares of open space and parkland, including approximately 84 parks, trails, 4 conservation areas, 32 baseball/softball diamonds, and 41 soccer/football/turf fields. With recent changes in the organizational structure, Community Services Department staff identified the opportunity to provide park permitting services alongside facility permitting services at the Pickering Recreation Complex. This relocation of staff from the Operations Centre provides convenient access for our customers and maximizes efficiencies among staff who are performing similar work. At the same time, staff identified the need to establish a written Sports Field Allocation SOP which would incorporate the City's informal processes and would also consider municipal best practices. As such, the Sports Field Allocation SOP was drafted with the input of all involved staff. The intent of the newly developed SOP is to establish guidelines for the allocation and management of sports fields. More specifically to: • Establish the process for allocating, distributing and administering use of outdoor sports fields that provides staff with the tools to make fair, equitable, transparent and consistent facility allocation decisions; • Outline the category of users and their priority order for the allocation of sports fields; • Ensure City by-laws, health and safety requirements, rental permits conditions, and regulations are followed by the public use of sports fields; • Outline the sports field allocation process, timing and general and specific principles so that user groups can plan their seasons accordingly; • Establish uniform criteria and procedures for the permitting of sports fields; • Facilitate scheduling that will support proper and sufficient maintenance & repair of fields, and; • Balance the needs of Permit Holders. City staff invited sports field user groups to a meeting on November 25, 2017 during which time the draft Sports Field Allocation SOP was distributed and reviewed in detail. At that meeting, staff were able to respond to inquiries but also welcomed groups to provide their comments up until 40 December 8, 2017. For those who were not in attendance, the draft Sports Field Allocation SOP Example: Softball/Baseball Groups Available hrs/wk: 620 U6 7-13 yrs 14 -18 yrs Adults 02.09 Players (residents) 500 500 500 500 Players Per team 13 13 14 15 #of Teams Hours/ Week 38 2.5 38 5 35 7 33 2.5 Allocation (Hrs/week) 95 190 245 82.50 Total hours/week allocated 612.5 ',-'1-:\ The Booking Clerk will apply the sup·.· registration data to the "Standards of Play" formula above wiltcdetermine the total number of weekly hours each organi · si$>entitled to and the distribution of those hours to different.·.· ... ··· skill level groupings. The Booking Clerk will communicate t6tfif: . '·t~of entitlement to the organization shortly after the registration data;6~~,,1;>een reviewed and applied to the Standards of Play. ·:~ •· Permits for New Organization/Emerging Permit Hold~rs: When reasonable feasible the City will recognize new Permit Holders or ort and will allocate field time to establish programs and se1Me:es. Recognition and allocation will occur once the conditions a ria of this procedure are met and if exiting users will not be advers . The City will use unallocated time first to meet the needs applicant and will work with exiting Permit Holders to explore I reallocation of their hours. New users cannot bump res rical users. 03 Booking and Communications for Permit Holders: Communication is a vital component of the booking and allocation process. To foster this communication the City will facilitate an annual meeting with user groups to review, define or confirm field open and close dates, hours of operation, field uses, amenities, classifications & restrictions, planned closures, special operating hours & capacity calculations and field allocation. Also, other issues will be discussed such as administration, field maintenance, the use and care of adjoining buildings and possible capital projects for which input from the user groups will be encouraged. Notes and action items will be recorded and distributed. This meeting will be scheduled each year in November. To improve efficiency and record keeping, all formal bookings and inquiries will be done electronically. User groups are asked to list 2 email addresses to which they prefer to receive communications from the City. SOP Title: City of Pickering Sports Field Allocation Page 8 of 17 49 -Cf4of- P1CKERJNG Alex Robertson Park 700 Sandy Beach Road Cricket pitch Large park area Amberlea Park 510 Braeburn Cres Softball diamond (unlit) . Hardball diamond (lit) Full-size soccer (unlit) Balsdon Park Liverpool Rd &Krosno Blvd Softball diamond (unlit) Bay Ridges Kinsmen Park 700 Sandy Beach Road South diamond (lit) North diamond (lit) Hydro East diamond (lit) Hydro West diamond (lit) Soccer field 1 & 6 (unlit) Full-size soccer 4 (unlit) Full-size soccer 2 & 3 (lit) Football field (lit) Turf field (lit) Picnic Shelter Beverley Morgan Park 2155 Liverpool Road Softball diamond (unlit) 4 full-size soccer (unlit) Turf & track (lit) Seasonal Sports Field Rental Application The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering .ca www. pickering .ca Brock Ridge Park 2030 Brock Road 2 softball diamonds (unlit) Hardball diamond (lit) Full-size soccer (unlit) I 2 intermediate soccer fields (unlit) Centennial Park 2250 Brock Road Small diamond (unlit) Large diamond (lit) Claremont Park Old Brock Rd. & Acorn Lane Softball diamond (lit) Diana, Princess of Wales Park 1550 Diefenbaker Court Full-size soccer (unlit) 3 mini soccer (unlit) Park Area Don Beer Memorial Park 1800 Highway #7 Hardball diamond (lit) Multi-purpose court Douglas Park Douglas Ave & Fairview Ave Intermediate soccer (unlit) Dunmore Park End of Whites rd. south Softball diamonds #1 & 2 (lit) 3 (unlit) Full-size soccer field (lit) Fairport Beach P.S. 754 Oklahoma Drive Full-size soccer (unlit) Forestbrook Park 1030 Glenanna Road 2 softball diamonds (unlit) Glengrove Park 1934 Glengrove Road Softball diamond (unlit) Full-size soccer (unlit) Mini soccer (unlit) Greenwood Park 3551 Greenwood Road Softball diamond (lit) Jean McPherson Park 1868 Parkside Drive Full-size soccer (unlit) Softball diamond (unlit) Lookout Point Park 555 Stonebridge Lane Softball diamond (unlit) Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR11 01-04/28 Page 3 o~ ~ -~of­ PlCKERlNG Seasonal Sports Field Rental Application The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering .ca www .pickering .ca 1) The issuance of a Sports Field permit is entirely at the discretion of the City of Pickering. The City of Pickering reserves the right to cancel any permit temporarily or permanently for any of the following reasons: • The area is required by the City for a special event • Any breach of these rules and regulations • Area not being used for the purpose(s) agreed to in the permit • Inclement weather and/or poor field or playing conditions • Permit fees have not been paid • Proof of required insurance not provided • Not using designated parking facilities • Driving a motorized vehicle on sports fields or park property • Selling or trading permits with other user groups 2) The facilities named on this permit are to be used only on the date(s) and time(s) specified and only for the purpose(s) named. The permit is not valid unless signed by an authorized city official. 3) The permit is not transferable. 4) Permit holders wishing to cancel or alter their permit must give 30 days written notification as per procedures established by the City of Pickering. 5) The City of Pickering will not be responsible for personal injury or for any loss or theft. In case of injury, an accident/incident report will be provided by the City of Pickering. It must be filled out and immediately delivered to The Pickering Civic Complex, Community Services Department, One The Esplanade, Pickering, Ontario, L 1V 6K7. 6) The permit holder, the organization and its members including: anyone attending by invitation, agrees to release, discharge, indemnify and save harmless the City of Pickering and applicable School Board from and against all claims and proceedings, by whomever made or brought, in respect to any cost, losses, damage or injury arising by reason of the use of any rented facilities. 7) The permit holder must pay all damage to facilities and/or furnishings arising from the use of such facilities and/or furnishings granted by this permit. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR11 01-04/28 Page 5 o~S Seasonal Sports Field Rental Application The Corporation of the City of Pickering Community Servrces Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering.ca www.pickering.ca 8) The permit holder must pay applicable fees for extra work provided by the City of Pickering as deemed necessary. 9) All permit holders must comply with Federal, Provincial and Municipal by-laws and regulations including the use ·of games of chance, lotteries, gambling and serving of food or alcoholic beverages. 1 0) The permit holder is responsible to ensure that participants and spectators abide by the no smoking prohibitions in effect and to ensure that a person who refuses to comply with the prohibition does not remain in a smoke-free area. The Smoke-Free Ontario Act imposes obligations on proprietors of sporting areas to ensure that the prohibition against smoking is respected. A proprietor includes the owner, operator or person in charge of the place. Failure to complywith this requirement may result in the revocation of the permit. 11) The permit holder shall be responsible for the conduct and supervision of all persons admitted to the facilities and shall see that all regulations contained in this permit are strictly enforced. 12) All activities must be conducted in an orderly mariner. Use of profane language is prohibited. 13) The permit holder must be a person authorized by the organization, and if requested, shall produce such authorization in writing. The permit holder is responsible for payment of any outstanding fees that are due to the City of Pickering under the terms of the permit. If no guarantee can be provided when requested, a permit will not be issued. 14) It is the permit holder's responsibility to inspect sports field prior to use, to establish safe playing grounds. 15) All applications must be received by the City of Pickering no later than the 3rct Monday of January of the current booking period. Associations and/or leagues that may not have finalized their league schedule due to dependency on scheduling by governing leagues/bodies must submit an anticipated schedule no later than 3rct Monday in January. This will allow the sports field booking staff to commence the development of the sports field master schedule by the beginning of February. Every effort will be made to accommodate any required changes as a result of submission of an anticipated schedule. Any applicatiorlS received after the due dates will be treated as new application and will be consi,dered after seasonal bookings have been reserved. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1 V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. c~4o1-04t28 Page 6 of 7 Cf4 of Tournament Sports Field Rental Application The Corporation of the City of Pickering P1CKER1N Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pi_ckering.ca www.pickering.ca Day of the Park/Field/ Tournament Dates Times of Event Number of Frequency Week Diamond Start End Start End Participants I I II II II II I I I II II II II l I I II II II II I I I II II II II I I I II II II II I I II II II II II I I II I I II II I I I II II II II l ., I II II II II I I I II II II II I I I II II II II I I I II II II II I I II II II II II I I II II II II II I I II II II II I I I I II II II II II I I II II II II II I I II II II II II I Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR1101-04/28 Page 2 ot~ Alex Robertson Park 700 Sandy Beach Road Cricket pitch Large park area Amberlea Park 510 Braeburn Cres Softball diamond (unlit) Hardball diamond (lit) Full-size soccer (unlit) Balsdon Park Liverpool Rd &Krosno Blvd Softball diamond (unlit) Bay Ridges Kinsmen Park 700 Sandy Beach Road South diamond (lit) · North diamond (lit) Hydro East diamond (lit) Hydro West diamond (lit) Soccer field 1 & 6 (unlit) Full-size soccer 4 (unlit) Full-size soccer 2 & 3 (lit) Football field (lit) Turf field (lit) Picnic Shelter Beverley Morgan Park 2155 Liverpool Road Softball diamond (unlit) 4 full-size soccer (unlit) Turf & track (lit) Tournament Sports Field Rental Application The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering .ca www. pickering .ca Brock Ridge Park 2030 Brock Road 2 softball diamonds (unlit) Hardball diamond (lit) Full-size soccer (unlit) I 2 intermediate soccer fields (unlit) Centennial Park 2250 Brock Road Small diamond (unlit) Large diamond (lit) Claremont Park Old Brock Rd. & Acorn Lane Softball diamond (lit) Diana, Princess of Wales Park 1550 Diefenbaker Court Full-size soccer (unlit) 3 mini soccer (unlit) Park Area Don Beer Memorial Park 1800 Highway #7 Hardball diamond (lit) Multi-purpose court Douglas Park Douglas Ave & Fairview Ave Intermediate soccer (unlit) Dunmore Park End of Whites rd. south Softball diamonds #1 & 2 (lit) 3 (unlit) Full-size soccer field (lit) Fairport Beach P.S. 754 Oklahoma Drive Full-size soccer (unlit) Forestbrook Park 1030 Glenanna Road 2 so'ftball diamonds (unlit) Glengrove Park 1934 Glengrove Road Softball diamond (unlit) Full-size soccer (unlit) Mini soccer (unlit) Greenwood Park 3551 Greenwood Road Softball diamond (lit) Jean McPherson Park 1868 Parkside Drive Full-size soccer (unlit) Softball diamond (unlit) lookout Point Park 555 Stonebridge Lane Softball diamond (unlit) Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to _the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1 V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR1101-04/28 Page 4 o5~ --04Jof-- P1CKER1NG Major Oaks Park 1615 Pepperwood Gate 2 softball diamonds (unlit) Maple Ridge Park 2010 Bush mill Street Intermediate soccer (unlit) Rick Hull Memorial Park Rosebank Road 2 mini soccer fields (unlit) Softball diamond (unlit) Shadybrook Park 1905 Shadybrook Drive 2 intermediate soccer (unlit) Southcott Park (St.Wilfrid School) 2340 Southcott Road Softball diamond (unlit) S.M. Woodsmere Park (Altona Forest P.S.) 591 Rosebank Road Hardball diamond (unlit) St. Mary's Park 1918 Whites Road Full-size soccer (unlit) Full-size track & soccer (unlit) Tournament Sports Field Rental Application Valleyview Park The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering.ca www.pickering.ca 1779 Westcreek Drive Softball diamond (unlit) Village East Park 1620 Pickering Pkwy 3 Mini soccer (unlit) Whitevale Park Full-size soccer (unlit) Park Area Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR.? Q01-04/28 Page 5 of 8 Tournament Sports Field Rental Application The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering.ca www.pickering.ca 1) The issuance of a Sports Field permit is entirely at the discretion of the City of Pickering. The City of Pickering reserves the right to cancel any permit temporarily or permanently for any of the following reasons: • The area is required by the City for a special event • Any breach of these rules and regulations • Area not being used for the purpose(s) agreed to in the permit • Inclement weather and/or poor field or playing conditions • Permit fees have not been paid • Proof of required insurance not provided • Not using designated parking facilities • Driving a motorized vehicle on sports fields or park property • Selling or trading permits with other user groups 2) The facilities named on this permit are to be used only on the date(s) and time(s) specified and only for the purpose(s) named. The permit is not valid unless signed by an authorized city official. 3) The permit is not transferable. 4) Permit holders wishing to cancel or alter their permit must give 30 days written notification as per procedures established by the CJty of Pickering. 5) The City of Pickering will not be responsible for personal injury or for any loss or theft. In case of injury, an accident/incident report will be provided by the City of Pickering. It must be filled out and immediately delivered to The Pickering Civic Complex, Community Services Department, One The Esplanade, Pickering, Ontario, L 1V 6K7. 6) The permit holder, the organization and its members including: anyone attending by invitation, agrees to release, discharge, indemnify and save harmless the City of Pickering and applicable School Board from and against all claims and proceedings, by whomever made or brought, in respect to any cost, losses, damage or injury arising by reason of the use of any rented facilities. 7) The permit holder must pay all damage to facilities and/or furnishings arising from the use of such facilities and/or furnishings granted by this permit. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. CR1101-04/28 -04;61- PlCKERlNG Tournament Sports Field Rental Application The Corporation of the City of Pickering Community Services Department Tel. 905.420.4623 Fax 905.831.9370 facilitybooking@pickering.ca www.pickering.ca 8) The permit holder must pay applicable fees for extra work provided by the City of Pickering as deemed necessary. 9) All permit holders must comply with Federal, Provincial and Municipal by-laws and regulations including the use of games of chance, lotteries, gambling and serving of food or alcoholic beverages. 1 0) The permit holder is responsible to ensure that participants and spectators abide by the no smoking prohibitions in effect and to ensure that a person who refuses to comply with the prohibition does not remain in a smoke-free area. The Smoke-Free Ontario Act imposes obligations on proprietors of sporting areas to ensure that the prohibition against smoking is respected. A proprietor includes the owner, operator or person in charge of the place. Failure to comply with this requirement may result in the revocation of the permit. · 11) The permit holder shall be responsible for the conduct and supervision of all persons admitted to the . facilities and shall see that all regulations contained in this permit are strictly enforced. 12) All activities must be conducted in an orderly manner. Use of profane language is prohibited. 13) The permit holder must be a person authorized by the organization, and if requested, shall produce such authorization in writing. The permit holder is responsible for payment of any outstanding fees that are due to the City of Pickering under the terms of the permit. If no guarantee can be provided when requested, a permit will not be issued. 14) It is the permit holder's responsibility to inspect sports field prior to use, to establish safe playing grounds . . · 15) All applications must be received by the City of pickering no later than the 3rd Monday of January of the . current booking period. Associations and/or leagues that may not have finalized their league schedule due to dependency on scheduling by governing leagues/bodies must submit an anticipated schedule no later than 3rd Monday in January. This will allow the sports field booking staff to commence the development of the sports field master schedule by the beginning of February. Every effort will be made to accommodate any required changes as a result of submission of an anticipated schedule. Any applications received after the due dates will be treated as new application and will be considered after seasonal bookings have been reserved. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act. This information is collected to [insert reason here]. Any questions related to the collection of this information should be directed to the City Clerk, One The Esplanade, Pickering, ON L 1V 6K7, 905.420.4611. Alternate formats available upon request at 905.683.7575. · CRj 201-04/28 Page 7 of 8 --~-Clt;J /f lCKERlNG Appendix C: Dates to Remember Annual Timelines Annual User Group Meeting Last Saturday in November Tournament Sports Field Rental Application Last Saturday in November (for the following due to the City year) Seasonal/Casual Sports Field Rental Third Monday of January Applications due to the City (for that year} City consideration of Casual Sports Field Last Monday of February Rental Applications League Schedules due to the City Last week of March Registration Data upon request Last week of March Insurance Certificates due to the City Second week of April Confirmation by the City of Start Date(s) Last Monday of April Payments: The first of the month for the upcoming weeks Seasonal Use of use Payments: 30 days in advance of the tournament Tournaments Payments: First week of May Security Deposit Tent~tive start date(s): First Monday of April Turf Fields Tentative start date(s): . First Monday of May Softball/Baseball Tentative start date(s): Third Monday of May Soccer/Football Tentative End Date(s): Last Sunday of September Softball/Baseball Tentative End Date(s): Last Sunday of September Soccer/Football Tentative End Date(s): Third Sunday of November Turf Fields 74 76 -'---Cl11 PICKE lNG From: Subject: Marisa Carpino Director, Community Services Seniors Active Living Centres Program Expansion File: A-1440 Recommendation: Report to Executive Committee Report Number: CS 07-18 , Date: January 8, 2018 1. . That Council endorse the City of Pickering's proposal to Ministry of Seniors Affairs, Seniors Active Living Centres Program Expansion and confirm the municipal commitment of funding, by way of a Council Resolution; and 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: Recently, the Government of Ontario announced its desire to expand the Seniors Active Living Centres by up to 40 new programs through an $8 million investment over the next 3 years. This is in addition to the $11.5 million in annual funding that it provides to the existing 263 programs (or Seniors Active Living Centres) in Ontario. East Shore Community Centre, home to the South Pickering Seniors' Club, is one of Ontario's 263 Active Living Centres receiving $42,700 in annual funding to support the operation of the Seniors Centre. As a result of this recent funding announcement, City staff have prepared and submitted a proposal for the George Ashe Library & Community Centre, as set out in Attachment 1, to become one of the 40 new Seniors Active Living Centres in Ontario. Proposals must reflect new programs offered at a new location that reach a broad group of seniors. The George Ashe Library & Community Centre is a vibrant facility, home to the Rouge Hill Seniors Club, which has the opportunity to offer new seniors programs and services. As such, the City's proposal identifies the introduction of new seniors programs at George Ashe Library & Community Centre in the categories of fitness, art instruction, computer training, cooking, sewing, special events and educational lectures (on topics important to seniors such as elder abuse, fraud, etc.). Programs are cost recoverable through registration fees and therefore, the grant request of $42,700 would go toward the existing operating and maintenance costs of the community centre which are approved annually in the budget (cost centre 2719). A Council resolution, providing proof of municipal financial commitment, is required to be submitted to Grants Ontario by January 19, 2018 in order to complete the City's application. As a result, staff seek the approval of Council of the City's proposal as set out in Attachment 1. CS07-18 Subject: Seniors Active Living Centres January 8, 2018 Page 2 Financial Implications: New programs offered through this proposal are cost recoverable through registration fees and therefore, the grant request of $42,700 would go toward existing operating and maintenance costs associated of the George Ashe Library & Community Centre which are approved annually in the budget (cost centre 2719). Discussion: The number of seniors within our communities is growing. Today there are over 2 million seniors in Ontario, and this number is expected to double over the next 25 years. With this in mind, the Government of Ontario released its Action Plan for Seniors in 2013, and in 2017 established Canada's first stand-alone Ministry of Seniors Affairs, to further enable its vision to make Ontario the best place to grow up and grow old. The Ministry of Seniors Affairs is committed to promoting the development of age-friendly communities and programs that acknowledge the contribution of seniors and keeps seniors active, healthy, and engaged. Age Friendly Communities are those that have programs and resources in place for seniors to lead healthy, active, independent, engaged lives, and continue to learn, contribute, and be safe. Ontario currently has 263 Seniors Active Living Centres, formerly known as Elderly Person's Centres. These centres serve over 100,000 seniors across the province, and funding to the centres has assisted with maintenance, program supplies, upgrades to facilities, and replacement of equipment, all enhancing our facilities, making them a great place for our seniors. East Shore Community Centre is one of the designated 263 Seniors Active Living Centres in Ontario, benefitting each year from funding of $42,700 to support its ongoing operation. Recently, the Government of Ontario announced its desire to expand the Seniors Active Living Centres by 40 new programs as an effort to increase access to programs and services for Seniors within Ontario. In response to this call for proposals, City staff prepared and submitted a proposal by the deadline of December 21, 2017 for the George Ashe Library & Community Centre to become a Seniors Active Living Centre. The maximum amount available for program costs for a 12 month fiscal year is up to 50% of net operating costs of maintaining and operating the program, to a maximum of $42,700.00. Proposals must reflect new programs at a new location as part of its overall programming and will be assessed on how well they demonstrate the following: e Programs are offered alongside other programs and services to provide maximum benefit to seniors, including intergenerational programming • Programs must fulfill a demonstrated need in the community • Programs include a social inclusion strategy to reduce social isolation • Program models are innovative and are provided in a unique manner to maximize outreach and inclusion of seniors • Programs support local age-friendly community planning initiatives As a requirement to the proposal, the City must provide proof of municipal financial commitment by way of a Council resolution to Grants Ontario by January 19, 2018. Therefore, the purpose of this report is to seek Council's approval of the City's proposal to the Seniors Active Living Centre Program Expansion. 77 78 cs 07-18 Subject: Seniors Active Living Centres Attachments: January 8, 2018 Page 3 1. City of Pickering proposal to the Seniors Affairs, Seniors Active Living Centre Program Expansion · :me Recommended for the consideration of Pickering City Council . c-;;; ______.. 1;,~ ~~-....,/ t) ('\_ \j Tony Prevedel, P.Eng. Chief Administrative Officer Prepared/Approved/Endorsed By: ~ (j Marisa Carpino Director, Community Services 1'):-:: . ATTACHMENT#~_.TOP.EPOR.T# {S 121-18 I f 11 Grants Ontario Application For;;, }::;> v-Ontario Seniors Active Living Centres: Program Expansion-Call for Proposals 2017 Grant Case# 2017-12-1-709188447 ···~---·----- This section provides information on how to complete and submit YOtlr application. Users of this application may also hover their cursor over any heading to learn mat'~{ about the requirements. How To Complete The Application This section provides information on how to complete and submit your·application. Users of this application may also hover their cursor over any heading to learn more about the requirements, How To Complete Application Before filling out this application form, please read the Call for Proposals and Application Guide, as well as this application form to ensure that your organizatio~ and the program is eligible and that you have.prepared all the necessary documents and information. Remember to clearly explain how your seniors program responds to the five ministry priorities. It is possible to begin a draft and come back later to complete the final application. It may be helpful to print a copy of the Call for Proposals and Application Guide to refer to, while completing this application. There may be some questions on this application that you are NOT required to complete; these will be noted clearly in the Application Guide. Simply indicate 'n/a" if the question is not relevant The questions below ask about "projects;" please interpret this to mean 'programs for seniors." Some fields restrict the length of information that can be entered. Don't hesitate to submit supplementary information as an "other" attachment if oeeded. · Prepare the necessary support materials ahead of time in an electronic format (either scanned, pdf or attachment). Documents required Jc:clude, but are not limited to: . Proof of incorporation, . t!Proof of not-for-profit status, ;/l?rior year financial statements, audited, :A:Aunicipal financial commitment (Council Resolution or Letter),. '>}~tters of Support, . (SALC Program Funding Template, completed. The following can be provided as an attachment or in the body of the application: Governance structure (Board ·of Directors or Council members), Marketing and outreach plan for new programs. Plan ahead! Plan to complete the application in advance of the deadline, so that you have time to consult with a ministry advisor if you have questions or need support The information.including attachments submitted through this Grants Ontario application process comprises the whole application, which will be assessed against criteria outlined in the Call for Proposals, as well as other applications. The ministry does not guarantee funding to any applicant, nor does the ministry guarantee that successful applicants will be provided ·the total amount requested. The ministry reserves the right, in its sole discretion, to fund or not fund any particular project or program in whole or in part, for which an application is submitted. . Attachment, Requirements Checklist '.,/ Governance structure (Board of Directors or Council members) ./ Letters of Support . / Marketing an(! outreach plan for new programs Municipal financial commitment (Council Resolution or Letter) ' ' .I Page 1 115 79 96 ~~--Ctig; PlCKER1N Report to Executive Committee From: Subject: Richard Holborn Director, Engineering Services Amendment to Traffic & Parking By-law 6604/05 Proposed Parking Restrictions, Craighurst Court File: A-1440 Recommendation: Report Numbe~: ENG 01-18 Date: January 8, 2018 1. That the attached draft by-law be enacted to amend Schedule "2", No Parking, 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 address parking restrictions on the curve on the south side of Craighurst Court, 95 metres to 145 metres east of Whites Road; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Residents on Craighurst Court requested that Engineering Services staff investigate implementing on-street parking restrictions at the curve just east of the community mailbox. Specifically, concerns have been expressed related to reduced sightlines and restricted vehicle access when vehicles are parked on both sides of the street. In response to these concerns, Engineering Services staff completed an investigation and recommend that Schedule "2", No Parking, to By-law 6604/05 be amended to implement parking restrictions on the curve on the south side of Craighurst Court, 95 metres to 145 metres east of Whites Road. The recommended restrictions are 6:00am to 9:00am and 2:00pm to 4:00pm, September to June, Monday to Friday, holidays excluded. Financial Implications: The installation of No Parking signs on Craighurst Court can be accommodated within the Roads Current Budget. Discussion: Engineering Services staff investigated the implementation of on-street parking restrictions on Craighust Court, at the curve just east of the community mailbox at the request of area residents. Concerns expressed by residents were related to the following: • reduced sightlines when vehicles are parked on or before the curve • difficulty for school buses to get through when vehicles are parked on the curve, especially when vehicles are parked on both sides of the street ENG 01-18 Subject: Amendment to Traffic & Parking By-law 6604/05 Proposed Parking Restrictions, Craighurst Court January 8, 2018 Page 2 City staff concluded that sightlines and larger vehicle access can be restricted if vehicles are parked on both sides of the street. Therefore, Engineering Services staff recommend parking restrictions on the south side of Craig hurst Court on the curve, east of the community mailbox from 95 metres to 145 metres east of Whites Road. To minimize any inconvenience to the residents of Craig hurst Court, the parking restrictions are being proposed during school bus pick-up and drop-off times only, specifically from 6:00am to 9:00am and 2:00pm to 4:00pm, September to June, Monday to Friday, with holidays excluded. A letter dated November 15, 2017 was delivered to all residents on Craighurst Court and Collingsbrook Court indicating that staff's recommendations would be brought forward at the Executive Committee meeting on Monday, January 8, 2018. Residents were also provided information on how to appear as a delegation and how to provide comments. Attachments: 1. Proposed Parking Restrictions, Craighurst Court 2. Draft By-law, Amendments to Schedule "2", No Parking to By-law 6604/05 CORP0227-07/01 revised 97 ENG 02-18 Subject: Review of Existing Accessible Parking Space Requirements-Traffic & Parking By-law 6604/05 January 8, 2018 Page 2 • Provisions to allow for the reconsideration of the number of accessible parking spaces when tenants change over time for shopping centres/plazas Based on all information and feedback received, it is recommended that: • The current by-law for accessible parking space requirements remain unchanged at this time • City staff review the accessible parking space requirements with the City of Pickering Accessible Advisory Committee every three years and, temporary event parking every other year, unless there is a recognized need to review the requirements sooner, and if necessary, a bylaw be prepared with any amendments resulting from those discussions Financial Implications: There are no financial implications with the recommendations proposed in this report. Discussion: At the December 12, 2016 Council meeting, Pickering Council passed Resolution #246/16 regarding Report ENG 20-16, Accessible Parking Space Requirements Update, (see Attachment 1) requesting that the accessible parking space requirements be reviewed in 2017 with the City of Pickering Accessibility Advisory Committee. Report ENG 20-16 proposed amendments to the Traffic & Parking By-law 6604/05 with respect to accessible parking. The key proposed amendments were as follows: 1. A City-wide adoption of the minimum accessible parking space requirements as presented in the Accessibility for Ontarians with Disabilities Act (AODA), which would effectively double the number of accessible parking spaces required for new and major developments. 2. To establish minimum accessible parking space requirements, and access aisles (a space between parking spaces) as described in the AODA whereby, Type A accessible parking spaces have a minimum width of 3.4 metres, Type B accessible parking spaces have a minimum width of 2.4 metres, and access aisles have a minimum width of 1.5 metres. 3. Modification of the Pavement Marking Detail for accessible parking spaces so that only the International Symbol of Accessibility painted in white or yellow paint overlaid on a bright blue background with a white or yellow border, is required. These amendments are described in greater detail in Attachment 2. The amendments that were made to the Traffic & Parking By-law for accessible parking spaces at the December 12, 2016 Council meeting, including the modifications for temporary accessible parking, have been met with mostly positive feedback from the public, with no concerns or issues regarding the proposed changes. CORP0227 -07/01 revised 103 ENG 02-18 Subject: Review of Existing Accessible Parking Space Requirements-Traffic & Parking By-law 6604/05 January 8, 2018 Page 3 City staffreviewed the amendments to the accessible parking requirements with the City of Pickering Accessibility Advisory Committee at their October 11, 2017 meeting. As part of the review, the City of Pickering Accessibility Advisory Committee members provided the following feedback: 1. Temporary accessible parking locations need to be reviewed for the Ribfest event Temporary accessible parking was made available on a portion of the south side of The Esplanade North and on the east side of Glenanna Road just south of The Esplanade South for the Ribfest event. It was recognized by City staff during the event that persons with a disability were required to park a significant distance from the entrance to the park, since Ribfest is a fenced event. City staff will work with the organizers of the Ribfest event in 2018 and subsequent years to address this issue. Measures to address this issue may include moving/increasing temporary accessible parking for the event and/or providing additional access to the event for persons with a disability. 2. Work with organizations/groups to meet specific needs at each special event (such as Remembrance Day) City of Pickering staff currently works with individual organizations and/or groups to address temporary accessible parking requirements at various events. At the conclusion of every event an assessment is completed on how to improve traffic operations and accessible parking requirements. For Remembrance Day 2017, accessible parking was made available on a portion of the south side of The Esplanade North and on a portion of the east side of Glen anna Road (south of The Esplanade South). The addition of these temporary accessible parking spaces worked well, and it is recommended that they be implemented again for 2018. 3. Provisions to allow for the reconsideration of the number of accessible parking spaces when tenants change over time for shopping centres/plazas Currently there are no provisions in place to allow for the reconsideration of accessible parking spaces when tenants change at shopping centres/plazas. However, if there are any specific sites identified by the City of Pickering Accessibility Advisory Committee that have a deficient number of accessible parking spaces, staff may request from the owner of the business that additional accessible parking spaces be added. Based on all information and feedback received from the City of Pickering Accessibility Advisory Committee on the current accessible parking space requirements, it is recommended that the current by-law for accessible parking space requirements remain unchanged at this time. CORP0227-07/01 revised 104 106 · "" · I r;,c~o;:~r·.tt fN 0 o? -I f3 ;/\CHI"it:J·fl #~··· I b.l " " . I v (..... .,.._.,....:/_· of_l_ Legislative Services Division Clerk's Office Directive Memorandum December 14, 2016 To: Richard Holborn From: Director, Engineering Services Debbie Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on December 12, 2016 Director, Engineering Services, Report ENG 20-16 Accessible Parking Space Requirements Update -Amendment to Traffic and Parking By-law 6604/05 Council Decision Resolution #246/16 1. That the attached draft by-law be enacted to amend By-law 6604/05 to provide for the regulation of traffic and parking on highways, private property and municipal property within the City of Pickering, specifically to provide for an extensive update on the accessible parking requirements; 2. That the accessible parking space requirements be reviewed in 2017 with the City of Pickering Accessibility Advisory Committee; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Please take any action deemed necessary. Debbie Shields /lr Copy: Chief Administrative Officer ENG 03-18 Subject: Tree Removal Compensation January 8, 2018 Page 2 Financial implications: No direct costs are incurred by the City with the adoption of a fee for Tree Removal Compensation. Staff time is required for the review of tree inventory reports and compensation plans as well as the administration of the collection of fees. The revenue received for Tree Removal Compensation will be applied to tree planting programs within the City of Pickering, and will reduce the requirement to use other sources of funds. Discussion: The City of Pickering Council and staff have long recognized the importance of protecting and enhancing our urban forest. Our urban forest forms an important part of the climate adaption plan, at both a local and Provincial level. It cools our communities, reduces the 'heat island' phenomenon and the volume of storm water run-off, improves our air quality, sequesters carbon, and makes our communities a better place to live. In January 2009, City Council passed Resolution# 23/09 to endorse the concept of the development of an Urban Forest Strategy and to retaih the Toronto and Region Conservation Authority (TRCA) to undertake an Urban Forest Study. The study, which was completed in 2012, found South Pickering to have a total of 26% canopy cover with 20% of that being trees. The report also provided 27 recommendations which include: • increase leaf cover • establish a diverse tree population o develop strategic steps to increase the proportion of large, mature trees in the urban forest • develop and implement a tree preservation by-law that regulates the destruction and injury of trees located on private property · · • develop a Tree Protection Policy for publically and privately owned trees The Executive Summary of the Urban Forest Study is included as Attachment #1. Since the completion of the Urban Forest Study, the City has lost and replaced a significant number of boulevard and open space trees due to the Emerald Ash Borer and ice storm of December 2013. Approximately 3,500 trees have been replanted on City boulevards alone to compensate this loss. These newly planted trees replaced fairly mature trees in many cases, drastically reducing the total percent of canopy cover. However, over time, the City's recent investment of 3,500 trees will grow into a more robust tree canopy. With the redevelopment and infilling of areas within South Pickering, many mature trees have been removed and many more are at ,risk in order to permit development. Developers are required to provide a tree inventory and protection plan along with their application. As a condition of a draft plan of subdivision, zoning, land division or site plan approval, developers have been requested to provide compensation for the removal of all existing trees with a caliper of 15 em diameter breast height (DBH) and greater. Compensation is made in the form of replacement plantings on the development site. If there is insufficient room to provide these plantings on site, plantings may take place on other publically owned lands in proximity to the site that have been CORP0227 -07/01 revised 11 3 ENG 03-18 Subject: Tree Removal Compensation January 8, 2018 Page 3 approved by the City of Pickering and with written permission of the subject landowner(s), The tree inventory, preservation, and removal requirements are outlined in Attachment #2. Compensation for tree removal is calculated as a ratio that varies, based on the caliper of the existing tree trunk. Multi-stemmed trees are calculated on a per stem basis. • Trees with a caliper of 15 em to 29 em DBH to be compensated at a ratio of 1:1 • Trees with a caliper of 30 em to 49 em DBH to be compensated at a ratio of 2:1 • Trees with a caliper of 50 em to 74 em DBH to be compensated at a ratio of 3:1 • Trees with a caliper of 75 em DBH or greater to be compensated at a ratio of 4:1 Replacement planting is in the form of deciduous trees with a minimum caliper of 60 mm and/or coniferous trees with a minimum height of 1.8 m. The required boulevard tree planting for municipal right-of-ways is not considered as part of the tree replacement compensation. Should compensation planting take the form of naturalization planting in an open space area where smaller sized plant material may be more suitable, the City determines what the appropriate total quantity/value of the plant material will be. Reasonable effort must be taken to compensate for tree loss through on-site and/or off-site plantings by t~e developer. Recognizing that many development sites will have insufficient space to plant all the trees required for compensation, the City may take cash-in-lieu with the funds to be used for tree planting initiatives within the neighbouring community if possible. At this time, staff have been requesting cash-in-lieu compensation at a rate of $500 per tree for the quantity of trees that are not planted. As some development sites may be densely forested or contain many large trees, the compensation required for these developments may be cost prohibitive. As such, a maximum value required for cash-in-lieu has been currently set at: • $3,000 per dwelling unit for residential developments • $7,500 per 1,000 square meters of floor area or part thereof for industrial or commercial developments The quantity and species of trees to be planted in compensation for tree removal and/or the cash- in-lieu amount shall be approved by the Director, Engineering Services. Staff have investigated what other GTA municipalities require for tree removal compensation. The City of Toronto, City of Mississauga, City of Markham, Town of Richmond Hill and Town of Ajax all require developers to provide compensation for tree loss in the form of replanting. Their methods of calculating compensation and cash-in-lieu values vary. However, the methods and values represented here are generally consistent with industry standards. Staff initiated the requirement for tree removal compensation back in 2008 at the onset of a number of larger residential developments that were to be located in existing wooded areas within an existing community. Monies collected for tree removal compensation from these developments have been used to fund tree plantings in various parks. For example, $35,000 collected from CORP0227-07/01 revised 114 I ,, 3 . . Tree Inventory, Preservation, and Removal Compensation Requirements Tree Inventory Report and Preservation Plan Requirements All submissions for approval of a draft plan of subdivision, zoning, land division or site plan approval, shall include a Tree Inventory Report and Preservation Plan prepared by a Certified Arborist or Landscape Architect. The report shall include all trees on the development site and those on adjoining lands that may be affected by the proposed construction activities. All trees with a caliper of 15 em diameter breast height (DBH) and greater shall be included in the report. Tree species, size, their health condition and whether they will be protected or removed, shall be provided in a table format and their location keyed into a site plan. All tree protection zones (TPZ) shall be indicated on the plan by showing the location of tree protection hoarding. All tree protection measures shall be in compliance with the City of Pickering standard detail P-11 00, Tree Protection Fencing and P-11 01, Tree Protection Notes. Tree Removal Compensation Requirements As a condition of approval of a draft plan of subdivision, zoning, land division or site plan approval, compensation shall be provided for the removal of all existing live trees with a caliper of 15 em DBH and greater (excluding Ash trees), to be removed from the subject lands for the purpose of development, or that die prior to the end of the maintenance period due to development impacts. Compensation shall be made in the form of replacement plantings or cash-in-lieu, to be paid to the City of Pickering to fund tree planting initiatives elsewhere within the City. Replacement planting may be done on the development site or on other publicly owned lands in proximity of the site that have been approved by the City of Pickering and with written authorization of the subject landowner(s). Replacement planting shall be in the form of deciduous trees with a minimum caliper of 60 mm and/or coniferous trees with a minimum height of 1.8m. The required boulevard tree planting for municipal right-of- ways will not be considered as part of the tree replacement compensation. Should compensation planting take the form of naturalization planting in an open space area where smaller sized plant material may be more suitable, the City will determine what the appropriate total quantity I value of the plant material is that will be required. Reasonable effort must be taken to compensate for tree loss through on-site and/or off- site plantings by the developer. Tree compensation shall be calculated as follows. Multi-stemmed trees shall be calculated on a per stem basis. • Trees with a caliper of 15 em to 29 em DBH at a compensation ratio of 1:1 Trees with a caliper of 30 em to 49 em DBH at a compensation ratio of 2:1 • Trees with a caliper of 50·cm to 74 em DBH at a compensation ratio of 3:1 • Trees with a caliper of 75 em DBH or greater at a compensation ratio of 4:1 1 21 Scenario 3: The subject site is smaller but more densely treed with 2 residential dwellings proposed. The rear yards can only accommodate a total of 6 new trees as part of the compensation. Cash-in-lieu is required for 50 trees at the given unit rate but as only 2 dwelling units are being constructed, the cap fee per dwelling unit may apply as outlined in the Summary of Fees & Charges. Scenario 4: The subject site is being developed for a new 10,000 square meter industrial building and associated parking area that will cover the majority of the site. The layout permits that 20 new trees can be planted on site. Compensation in the form of cash-in-lieu is required for 36 trees at the unit rate outlined in the Summary of Fees & Charges. Scenario 5: The subject site is an existing commercial plaza that is being expanded, adding another 1 ,200 square meters of floor area and the required parking spaces. The layout permits that only 4 new trees can be planted on site. Cash-in-lieu is required for 52 trees at the given unit rate but as the addition is relatively small, the cap fee per 1,000 square meters of floor area or part thereof may apply as outlined in the Summary of Fees & Charges. 123 -Ctf:joJ- PJC ER1NG Report to Executive Committee Report Number: PLN 01-18 Date: January 8, 2018 From: Kyle Bentley Director, City Development & CBO Subject: 2017 Measuring Sustainability Report Reporting on key indicators of sustainability .in Pickering File: D-7001-001 Recommendation: 1. That Report PLN 01-18 regarding the 2017 Measuring Sustainability Report be received for information. Executive Summary: Pickering is transforming itself into a more sustainable city. A key component to the success of this transformation is collecting and tracking data that informs the community on this progress. This is the third report measuring sustainability in our community. The 2017 Measuring Sustainability Report outlines the progress on existing indicators, and introduces new indicators reflecting the evolving sustainability objectives in our community. There are a total of 52 indicators, which are grouped into 5 sections: • • • • • Healthy Environment Healthy Economy Healthy Society Responsible Development Responsible Consumption This Report outlines the status of each indicator, what progress had been made, and where efforts have been directed by the City and partners to positively impact the indicator. In addition, tips are provided for community members to use in their daily lives as we work together towards a more sustainable Pickering. · 124 Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1.0 Background The first Measuring Sustainability Report was produced in 2010, which identified baseline measurements for 19 of the 32 indicators identified in consultation with staff, stakeholders, and residents. In 2012, the City engaged in further technical working group discussions and carried out a community survey to provide insight into individual perceptions towards sustainability and household actions that support sustainability. PLN 01-18 Subject: 2017 Measuring Sustainability Report January 8, 2018 Page 2 The 2012 Measuring Sustainability Report expanded on certain indicators that had not been covered in the first report, generating 55 indicators of sustainability and providing baseline information to track the City's relative progress towards becoming a more sustainable city. 2.0 Discussion 2.1 Indicators were updated and new ones selected using a process that focused on Pickering specific data The original indicators were selected after lengthy consultation in 2010 that resulted in 24 areas of interest being identified for the 5 sections. Indicators were selected that represented the intent of the areas of interest and where data was available. Where possible, indicators directly relating to Pickering were chosen over those affecting a greater geographical area. For example, this Report would address water quality of Duffins Creek, and Carruthers Creek instead of the surface water quality of Lake Ontario. While every effort was made to gather data for the indicators identified in the 2012 Measuring Sustainability Report, it was not possible to do this where the data was no longer being collected or where the methodology for collecting data had changed. In these cases, a new baseline was established. For example, the former Air Quality Index is now the Air Quality Health Index. Indicator specific information for Altona Forest was not available, therefore resulting in less indicators in the 2017 Report. In addition, in some circumstances it was determined that different indicators would better represent the area of interest. For example, instead of reporting on the number of family doctors in Pickering and general asthma rates, data was presented for childhood asthma rates, adult diabetes and obesity rates, population with a primary care physician, and levels of physical activity. In addition, this Report identified emerging matters that were not addressed in the original report. For example, data for community perception of climate change was highlighted. Climate change was one area that residents were asked questions about within the 2016 Sustainability Survey. A total of 721 community members participated in the survey, which provided a high level of statistical significance. · 2.2 The Report highlights the considerable efforts of the City of Pickering and many community partners to make the community more sustainable The journey to become a more sustainable City requires the full participation by all members of the community. Accordingly, a significant portion of the Report identifies the efforts by the City and its partners within each indicator area. These sections form a significant part of the report. They serve as a means to showcase the collective efforts and achievements being made in a wide variety of areas, by diverse number of groups, to transform Pickering into a more sustainable City. At the end of each section, the reader is provided with general ways they can contribute to a Healthy Environment, Heathy Economy, Healthy Society, Responsible Development, and Responsible Consumption. 125 PLN 01-18 January 8, 2018 Page 3 Subject: 2017 Measuring Sustainability Report 2.3 An extensive communication and marketing plan will be initiated in January 2018 to inform the community about the release of the Measuring Sustainability Report The Measuring Sustainability Report will be available in an accessible format online and at Pickering libraries, and a limited number of hard copies will be printed. Additionally, a number of free and paid communication and marketing tools have been integrated into the communications plan, through the following categories: • Cityadvertisement: community page ad, eNewsletters, telephone on-hold messaging, media release, social media, pop-up banner in facilities and at events, Council Members websites/social media/other where agreeable and available · • website based: direct uri pickering.ca/msr to report, pickering.ca homepage bar, pickering.ca/sustainable button • direct emails: various community groups, Pickering 101 graduates • paid advertisement: rack card, curbex sign, local print and digital media • communication tools of various partners: Durham Partners in Project Green, Durham Sustain Ability, Ajax Pickering Board of Trade, GTA Clean Air Council, Durham Environmental Coordinating Committee, Valley Plentiful, Pickering Naturalists, Altona Forest Stewardship Committee, Environmental Stewardship Pickering A copy of the Sustainability Report will be provided to Council and senior staff in advance of initiating the communication and marketing elements. 3.0 Conclusion 126 The Measuring Sustainable Report is a tool the community can use to track the progress the City has made toward becoming more sustainable, to highlight the City of Pickering's and community partners achievements, and to identify additional areas where residents can get involved. In addition, the Report will be useful to help inform decision-making when planning future programs and initiatives. --Ci!J {Jf-- P1 KERJNG From: Subject:· Kyle Bentley Director, City Development & CBO Update on Energy Management Initiatives Corporate Energy Management Plan LED Streetlight Conversion Program . . Municipal GHG Challenge Fund Recommendation: Report to Executive Committee Report Number: PLN 02-18 Date: January 8, 2018 1. That Report PLN 02-18 regarding the status of three energy management initiatives be received for information. · Executive Summary: The purpose of this report is to provide an update on three energy management initiatives: the Corporate Energy Management Plan, LED Streetlight Conversion Program, and the Municipal GHG Challenge Fund. The Corporate Energy Management Plan (CEMP) is a roadmap of energy management activities that the City can implement over five years (2014-2019) to improve energy efficiency and reduce greenhouse gas (GHG) emissions. Currently, the City has completed its third year of the CEMP and is transitioning into years four and five. At the end of the third year, we expect the City will · achieve an estimated energy savings of 4,468,239 kilowatt-hours (kWh) per year, cost savings of $622,051 per year and will receive an incentive amount totaling $680,395 for its capital projects from the Independent Electricity System Operator (IESO) SaveOnEnergy program. In regards to the LED Streetlight Conversion Program, the City retained Realterm Energy Corp. (Realterm) to replace approximately 7,200 High Pressure Sodium (HPS) streetlight luminaires with energy efficient Light Emitting Diode (LED) lighting. Once completed (anticipated first quarter 2018), we expect an estimated energy savings of 3,436,765 kWh per year, cost savings of $457,015 per year and GHG emissions reductions of 137 metric tonnes per year. Also, we expect to receive an incentive amount of approximately $500,000 from the SaveOnEnergy program. 128 In September 2017, the Province announced the Municipal GHG Challenge Fund to support community-led action on climate change. The City submitted the following three applications: • A funding request of $116,600 to cover 50% of the eligible project costs to purchase two all-electric vehicles, two plug-in hybrid electric vehicles, and four level 2 electric charging stations to serve our fleet. • A funding request of $455,212 to cover 25% of the eligible project costs to purchase and install the remaining 1 ,832 LED streetlight luminaires across the City after the application deadline date of November 17, 2017. PLN 02-18 Subject: Energy Management Initiatives January 8, 2018 Page 2 • A funding request of $900,000 to cover 24% of the eligible project costs for additional energy storage and control software associated with the Marshall Homes microgrid townhouse proposal for a community-scale solar power generation and a 500 kWh Tesla battery. The Province will be informing successful applicants by February 2018. Financial Implications: No additional direct costs to the City are anticipated as a result of the recommendations of this report. The costs noted for the identified programs will be reflected in the 2018 budget. 1.0 D~scussion 1.1 Corporate Energy Management Plan In May 2014, Council endorsed the Corporate Energy Management Plan (CEMP), which is a road map of priority energy management activities that the City will implement over five years (2014-2019) to improve energy efficiency and reduce GHG emissions. At the end of 2017, the City will have completed its third year, which includes both short-term and medium-term actions. Highlights of completed capital projects include facility indoor LED lighting retrofits, installation of energy efficient mechanical units with controls, the Integrated Energy Project (IEP) and the LED streetlight retrofit project. See Attachment #1 -CEMP Capital Projects, which identifies the results of our capital projects. Also, completed renewable energy projects include the installation of solar LED lights in three City parks: Grand Valley (off-leash) dog park, Kinsmen, and McPherson. These parks now have upgraded lighting that enhances park safety. From these retrofit projects completed to-date, the City will achieve an estimated energy savings of 4,468,239 kWh per year, cost savings of $622,051 per year and earn a total of $680,395 from current incentives. Moving forward into 2018, the City is transitioning into years four and five of the long-term action plan and the projects will be determined pending budget approvals. Moreover, in 2019 the City will look to renew and update its CEMP for the next five years (2019-2024). In order to meet the CEMP's communication and engagement actions, an Energy Team, comprised of City staff from various departments, has been formed. This team meets quarterly to discuss projects, communication tools, budgets, products, workshops, seminars and any new energy related initiatives. In addition, staff participate in the Sustainable Pickering Day and Farmers Market where an energy booth is set-up for residents to learn about the City's energy initiatives and how they can save energy and reduce their utility bills at home. Information is provided on social media (Facebook, Twitter, lnstagram), newsletter and City website, which updates staff and residents on current and on-going energy related projects. 1.2 LED Streetlight Conversion Program In 2017, Realterm Energy Corp was retained to replace the City's existing approximately 7,200 HPS streetlight luminaires with energy efficient LED lighting. 129 130 PLN 02-18 Subject: Energy Management Initiatives January 8, 2018 Page 3 Upon completion of the LED Streetlight Conversion Program, City staff expects in the future to save an estimated 3,436,765 kWh of energy per year, equivalent to a 63% reduction, compared to the City's current consumption and an estimated cost savings of $457,015 per year. LEOs will also help the City reduce maintenance costs estimated up to $236,962 per year, equivalent to 80% because LEOs are a solid-state technology (no moving parts) and last up to four times longer than the City's existing streetlights. The retrofit will also improve the City's environmental footprint by reducing GHG emissions to an estimated 137 metric tonnes of C02 per year and 3,404 metric tonnes of C02 over the life of the luminaires. Also, we expect to receive an incentive amount of approximately $500,000 from the SaveOn Energy program. Once the LED streetlights are installed and commissioned, the City will work alongside its local utility company, Veridian, to validate the above energy and costs savings from this retrofit project. In addition, the City prepared Seaton Community Streetlight Guidelines to aid the development industry in the design, construction and installation of a LED streetlight system. The Guidelines take into consideration dark sky and nuisance lighting issues, as well as the ability to implement adaptive control technologies. As a result, the City has adopted LED lighting technology as its recommended technology for new and existing infrastructure. 1.3 Municipal GHG Challenge Fund This fall, the Province announced the Municipal GHG Challenge Fund as part of Ontario's Climate Change Action Plan to address climate change, reduce GHG emissions and transition to a low-carbon economy. The action plan and the cap and trade program form the backbone of Ontario's strategy to cut GHG emissions to 15% below 1 ~90 levels by 2020, 37% by 2030, and 80% by 2050. Although Pickering does not have a complete community-wide GHG emissions inventory, reduction targets or a plan to achieve them, the City was eager to participate in the Municipal GHG Challenge Fund. The Fund was opened to allow all municipalities to apply, so long as applicants demonstrate a commitment to completing their community-wide GHG inventory, targets, and plan within 18 months. As the City is participating in the Region of Durham's Community Energy Plan initiative, the Province has agreed that this initiative would suffice in the absence of a Pickering community-wide inventory of GHG emissions, GHG reduction targets and/or a plan to achieve them. The City will commit to complete this work after the Region's Plan is finalized later in 2018. The City has submitted the following three applications: • A funding request of $116,600 to cover 50% of the eligible project costs to purchase two all-electric vehicles, two plug.:.in hybrid electric vehicles and four level 2 electric charging stations to serve our fleet. The estimated total GHG reduction is 427 metric tonnes of C02. The electrifying of our fleet will help reduce the City's Corporate Energy Management Plan GHG reduction targets. This application is also consistent with the City's practice of replacing existing conventional gas engine vehicles with more fuel-efficient and hybrid vehicles. In 2017, the City purchased six SUV's and three pickup trucks with reduce engine sizes. ATTACHMENT# I TO RU'OR! # Pi.. I\\ 02-i § Corporate Energy Management Plan (CEMP) Capital Projects Table 1: Priority actions (Year 1, January 2015-January 2016) Annual Completion Location(s) Measure Energy Annual Cost Incentives Date Savings Savings (kWh) ' Recreation LED Lighting 16-Jan-15 Complex-Tennis 201,944 $32,311 $17,732 Court Retrofit Recreation . LED Lighting 18-Sep-15 Complex-Delaney 138,802 $22,208 $9,720 Rink Retrofit Recreation LED Lighting 18-Sep-15 Complex -O'Brien 94,332 $15,093 $6,600 Rink Retrofit 9-0ct-15 Recreation Chiller Retrofit 76,978 $12,316 $25,600 Complex Recreation LED Lighting 30-Nov-15 Complex-27,945 $4,471 $1,960 Swimming Pool Retrofit Total --540,001 $86,400 $61,612 Table 2: Medium-term actions (Years 2-3, January 2016-January 2018) Annual Completion Location(s) Measure Energy Annual Cost Incentives Date Savings Savings {kWh) 30-Jul-16 Recreation SF-17, 18 & 19 51,600 $8,256 $8,256 Complex Retrofit 21-Sep-17 East Shore LED Lighting 7,883 $1,261 $2,750 Community Centre Retrofit N/A** Recreation Dehumidification 196,754 $31,481 $35,760 Complex Project (IEP*) N/A** Recreation Ice Storage 136,068 $21,771 .$62,100 Complex Project (IEP*) EEM1 N/A** Recreation Refrigeration 99,168 $15,867 $9,917 Complex Integration UpQrade (IEP*) N/A** Various areas LED Streetlight 3,436,765 $457,015 $500,000 ;•? througout the City Retrofit Project I Total --3,928,238 $535,651 $618,783 132 ATTACHMENT# I TO REPOR1 # PLN 02-{0 Table 3: Long-term actions (Years 4-5, January 2018-July 2019) Completion Location(s) Date N/A** Civic Complex N/A** Recreation ~ ~ Complex Recreation N/A** Complex- O'Brien Rink Recreation N/A** Complex -Lobby & Dressing Rooms N/A** Fire Halls# 2, 5 & 6 N/A** Pickering Museum Village George Ashe N/A** Library & Community Centre Dr. Nelson F. N/A** Tomlinson Community Centre Total - Table 4· Grand Total . Completion Location(s) Date Total - Notes: * IEP = Integrated Energy Project ** N/A = Not available Annual Measure Energy SavinQs Supply Fan, Return, Fan, TBD*** Boiler and Chiller Retrofits Supply Fan, Return, Fan, TBD*** Boiler and Chiller Retrofits Design and Upgrade of TBD*** Refrigeration Plant LED Lighting TBD*** · Retrofit LED Lighting TBD*** Retrofit LED Lighting TBD*** Retrofit LED Lighting, Boiler Retrofit TBD*** Boiler Retrofit TBD*** -TBD*** Annual Measure Energy Savings -4,468,239 *** TBD =To be determined, pending budget approval Annual Cost Incentives Savings TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** TBD*** Annual Cost Incentives Savings $622,051 $680,395 133 CAO 01-18 Subject: Pickering Innovation Corridor-Seaton January 8, 2018 Page 2 Staff therefore recommend that Council approve the Agreement, waive the conditions contained in it, and direct staff to proceed with closing the purchase of the Lands in accordance with the terms of the Agreement. Financial Implications: The financial plan for this transaction is to have land purchase cost,. including associated fees, recovered from a future sale of the Lands. If there is an unanticipated delay in the sale of the Lands, the City. can finance this transaction either through internal loans or through the issuance of a debenture. If a sale of the Land is concluded within one year, an internal loan will be undertaken. Otherwise, long-term debt may be considered. The initial cost of the purchase is $2.8 million plus HST, Land Transfer Tax and Provincial Top-up payment shortfall. In addition, the City may incur front-ending and development servicing costs while it is the legal owner of the Lands. This is similar to the City's position in Duffin Heights, where it is subject to cash calls to help pay for its share of Duffin Heights infrastructure. During the period of the City's ownership of the Lands, the City will have the legal responsibility to meet any development-related cash calls pursuant to the Seaton Landowners' Cost Sharing Agreement. Pursuant to Report CAO 02-17, Council has already provided pre-capital2018 budget approval in the amount of $6.0 million to meet any of these obligations as they relate to the purchase of the Lands. All of the City's costs will be passed onto the end buyers/users of the Lands. The 2018 capital budget will include this project, and the funding source will be identified as "future land sales." This is the same strategy which the City employed for its Clement Roads Operation Centre site, whereby land was purchased in 2012 and the proceeds from the subsequent sale of land in Duffin Heights was applied to the cost of the Clements Road site. Discussion: The Seaton employment lands are designated as prestige employment, and consist of approximately 323 hectares (800 acres) owned by the Province. This land is shown on Attachment No. 1. This is the City's Innovation Corridor. The City's Official Plan designates this land as being suitable for light manufacturing, assembly and processing of goods, research and development facilities, business services, graphics and design, data and communications, offices and ancillary retail uses. In accordance with Council's direction in Report CAO 01-17 (Attachment No.2) and Report CAO 02-17 (Attachment No.3), the Chief Administrative Officer executed the Agreement of Purchase and Sale dated August 28, 2017 between the Province, as vendor, and the City, as purchaser. A copy of the Agreement is Attachment No. 4 to this Report. The key provisions of the Agreement are as follows: Lands purchased: Approximately 28 acres of employment lands within Seaton. Purchase price: $2,800,000 ($100,000/acre). Closing date: 30 business days after waiver of purchaser's conditions (estimated March 6, 2018). CORPOZZ?-07/01 revised 135 CAO 01-18 Subject: Pickering Innovation Corridor-Seaton January 8, 2018 Page 3 Environmental Condition: Section 5.02 of the Agreement provides that the City can make an environmental objection to completing the purchase if it discovers hazardous substances or contaminants on the Lands. Specifically, section 5.02(d) of the Agreement allows the City to elect to terminate the Agreement in the event that there is a hazardous substance or contaminant on the Lands which the Province is unwilling to remedy. The City therefore retained GHD, Engineering Consultants, to conduct a Phase I Environmental Site Assessment (ESA) of the Lands. GHD completed the Phase I ESA in November, 2017. The ESA was prepared in accordance with the Environmental Protection Act and Ontario Regulation 153/04. In the course of performing the ESA, GHD reviewed available background information relating to past uses of the land (including mapping, plans, reports and aerial photographs), as well as information available through the EcoLog Environmental Risk Information Service. GHD also carried out an inventory request of the Ministry of the Environment and Climate Change and the Technical Standards and Safety Authority to search for any reports of prior issues or spills on the Lands. GHD also conducted a site inspection and an interview of personnel knowledgeable with the Lands. The conclusion of the Phase 1 ESA is that there are no materially significant environmental concerns with the Lands. The ESA further concluded that there is no evidence of potentially contaminating activities on the Lands, and that there were no areas of potential environmental concern. Based on this, GHD reports that a more thorough Phase 2 ESA is not required. Based on the conclusions of the Phase I ESA, City staff recommend that there is no need to make an environmental objection pursuant to section 5.02 of the Agreement. Given the absence of any evidence of hazardous substances or contaminants on the Lands, there is no basis upon which to terminate the Agreement on the basis of any environmental objection pursuant to Section 5.02(d). City Sale Condition: Section 6.04 of the Agreement provides that the obligation of the City to complete the transaction is conditional upon the approval of Pickering City Council. The Agreement provides that such approval is "in the sole and unfettered discretion of the City" and that such approval may be "arbitrarily and unreasonably withheld". City staff negotiated this condition to ensure that Council retained contro,l over whether or not to proceed with the purchase. The City has retained Torys LLP to perform all commercially normal title and. off-title searches in respect of the Lands to ensure that there are no title problems or other issues that might impair the marketability of the Lands or the ability of the Province to deliver to the City a valid and registrable Transfer of the Lands on closing. Torys LLP has confirmed to City staff that it has completed all necessary searches, and that the searches have not d-isclosed any problem with the marketability of the Lands or the Province's title thereto. · In view of the clear results of the title and off-title searches, City staff recommend that Council approve the waiver ofthe City sale condition. This will cause the Agreement to become a firm, binding and unconditional obligation enforceable against both the Province and the City. The City would then be obligated to close the transaction· in accordance with the terms of the Agreement. As set out in Reports CAO 01-17 and CAO 02-17 (Attachment Nos. 2 and 3), the City is .in negotiations with a major multinational corporation to locate its manufacturing facility on the Lands. The proposed facility would initially employ approximately 700 workers with the possibility of future expansion and employment of an additional 800 workers. These negotiations are CORP0227-07/01 revised 136 Report CAO 01-17 Land Acquisition and Disposition -Pickering Innovation Corridor Seaton February 6, 2017 Page 2 To achieve this, the City must arrange for the purchase of some of the Seaton employment lands from the Province of Ontario. Those lands will be sold in turn to a developer and leased to the manufacturing operation. City staff seek the authority of Council to negotiate Agreements of Purchase and Sale for this purpose, subject to further Council approval. Once the terms of those Agreements have been finalized, they will be presented to Council at a future public meeting for approval. Financial Implications: Direct financial costs for the City in 2017 will be limited to outside legal ·fees and the opportunity cost of lost investment revenue. The City will have to fund the deposit payments required by the Agreement of Purchase and Sale with the Province until the sale of the subject lands to a developer is completed. The legal fees are included in the General Government Section of the 2017 budget. Transaction costs associated with this project will be passed on to the developer. 140 With the planned construction of an office and factory facility, the estimated property taxes using 2016 tax rates (City share only) could be in excess of $300,000 per year. The final construction cost of the facility will be a major component in determining the property's assessment value. In addition to the annual property taxes, this project would also pay estimated building permit fees of $400,000 and development charges (City Share only) of $630,000. It must be noted that the building permit and development charge fees are based on preliminary building drawings. Pickering's 2016 assessment base consists of 77.3% residential and 22.7% commercial/industrial. (By contrast, the City of Mississauga assessment base consists of 69.2% residential and 30.8% commercial/industrial). The long term goal of City staff is to increase the size of the commercial/industrial property tax base in relation to the residential share, resulting in a shift of property tax liability to the non-residential group. Staff believes that this project could be the catalyst for a shift of the assessment base from residential to commercial/industrial. This will be of great assistance in reducing the tax burden on residential taxpayers. This project represents an important opportunity for the City as it relates to economic development. There are always challenges in attracting large businesses and a significant number of jobs to a community. This manufacturing operation wil.l initiaUy employ over 700 people. Furthermore, the City's economic development staff have been introduced by this manufacturer to other large suppliers and partners, who have also expressed an interest in investment opportunities in the City's Innovation Corridor. (To encourage more business interest in the Innovation Corridor, the 2017 draft capital budget includes an investment of $175,000, subject to Grant approval for Broadband connectivity for the lnf1ovation Corridor to "jump start" the economic development of these lands.) For many industry-based suppliers and partners, it is important to relocate their facilities in close proximity to their customers' main offices. Because of this, City economic development staff are confident that this project can serve as a catalyst that triggers the development of the Innovation Corridor by attracting other key emerging technology-based companies. CORP0227-07/01 revised Report CAO 01-17 February 6, 2017 Land Acquisition and Disposition -Pickering Innovation Corridor Seaton Page 3 Discussion: . The Seaton employment lands are designated as prestige·employment, and consist of approximately 323 hectares (800 acres) owned by ~er M~jes~y the_ Quee~ in Right of Ontario as Represented by the Minister of Infrastructure (the Provmce ). Th1s land IS shown on Attach~ent No. 1. This is the City's Innovation Corridor. The City's Official Plan designates this land as being suitable for light manufacturing, assembly and processing of goods, research and development facilities, business services, graphics and design, data and communications, offices and ancillary retail uses. In April of 2016, the City's Economic Development Office was approached by a large multinational manufacturing business about the opportunity to consolidate its operations and relocate its facility to the Pickering Innovation Corridor. The proposed facility would initially employ approximately 700 individuals, with room for future expansion and employment of an additional approximately 800 individuals. While the manufacturer wants to locate its facility in Pickering, its business plan does not allow for it to purchase the necessary lands. It wants to lease the required lands and buildings, and reserve an option to lease adjoining lands to accommodate its plans for future expansion. The portion of the Innovation Corridor that the manufacturer wants to lease (referred to in this Report as the "Lands") consists of approximately 11.3 hectares (28 acres), as shown in Attachment 2. At the same time, a prominent developer has expressed interest in purchasing the Lands, and is willing to lease the Lands to the manufacturer. The developer also wants to obtain an option to purchase additional adjacent lands. The adjacent lands are also shown on Attachment 2. The manufacturer and the developer cannot be identified at this time. The identity and the terms they are negotiating constitute commercial information, the disclosure of which could significantly prejudice their respective competitive positions and interfere with the negotiations. Initially, City staff envisaged a transaction in which the developer would purchase the Lands from the Province directly. Unfortunately, the Province cannot enter into direct sale negotiations with any private corporation. However, the Province can sell the Lands to the City. The City can then sell the Lands to a developer. This would be implemented by means of one Agreement of Purchase and Sale ("APS") between the Province, as vendor, and the City, as purchaser, together with a separate APS between the City, as vendor, and the developer, as purchaser. Both APSs would be scheduled to close on the same date and would stipulate the same purchase price. The purchase price due from the City to the Province would be funded by the City's sale to the developer. The developer would assume all servicing cost sharing obligations associated with the Land. The APS between the City and the developer would be conditional on a Lease of the Lands being signed by the manufacturer. City staff have facilitated discussion and meetings between the manufacturer and the developer in an effort to finalize the terms of a Lease between the developer, as landlord, and the manufacturer, as tenant The Lease will provide for the construction of a building on the Land to house the manufacturer's business operations. It must be noted that until a Lease is signed between the developer and the manufacturer, the City cannot be assured that the manufacturer will be able to operate on the Lands. By making the City's sale of the Lands to the developer conditional on the Lease, the City preserves the right to terminate its CORP0227-07/01 revised 1 41 GAO 02-17 June 5, 2017 Subject: Pickering Innovation Corridor-Seaton Page 2 a) b) that the sum of $6.0 million be financed at the discretion of the Treasurer, either through future land sales, an internal loan or by the issue of debentures by the Regional Municipality of Durham, for a period not to exceed 15 years at a rate to be determined; that annual repayment charges in the amount of approximately $53_5,000 b~ inclu?ed in the annual Current Budget for the City of Pickering commencing m 2018 1f requtred, and continuing thereafter until the debenture is repaid, and that any financing costs be. paid out of the Current Budget; 8. That Council confirm that business attraction is a top priority for Council and that staff be directed to pursue business opportunities that include domestic and multinational . organizations and also pursue high-end manufacturers for the purpose of strengthenmg Pickering's local economy and enhancing Pickering's property tax base; 9. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Pickering's Innovation Corridor lies within the Seaton employment lands, which are designated for prestige employment uses under the City's Official Plan. These lands are shown on Attachment 1, and have been set aside for industrial/commercial office uses .. As reported in January of this year, City staff are actively pursuing the relocation of a major manufacturing operation to the Innovation Corridor, which could result in the creation of 700 well- paying new jobs in Pickering, with the possibility of future expansion and 800 additional jobs. Since February, tWo additional multinational manufacturers and a group of investors have approached the City with interest in purchasing land in the Innovation Corridor. In the aggregate, the facilities proposed by all four interested parties could generate up to 3,000 jobs. In an effort to accommodate the various interested parties, the City needs to revise its offer to purchase land from the Province. Adoption of the recommendations in this report will enable staff to proceed with a revised Agreement of Purchase and Sale providing for the acquisition of a 28 · acre portion of the employment lands to accommodate one of the interested manufacturers, with an option to purchase the balance of Block 6 for the purpose of making them available on acceptable terms to the other interested investors and manufacturers. Costs associated with the City's purchase and ownership of the required lands will be passed on to the manufacturers, developers and investors who ultimately buy the lands. The manufacturers interested in acquiring land within the Innovation Corridor each plan to set up manufacturing and assembly operations there. One of the interested investors plans to establish a research and development business park. These are exactly the kind of high quality industrial uses contemplated by the City's Official Plan policies. These uses will generate substantial property tax revenues for the City. Staff expect that these uses will also serve as a catalyst for more commercial/industrial development in Pickering. CORP0227-07/01 revised 144 CAO 02-17 June 5, 2017 Subject: Pickering Innovation Corridor-Seaton Page 3 FinanCial Implications: The financial plan for these tra-nsactions is to ~ave the la~d. purchase cost, including associated fees, recovered from future land sales. If there IS an unantiCipated delay in the sale of City land, the City can -finance these transactions either through internal_ loans or through the issuance of a debenture. If a land sale in the Seaton Employment lands IS concluded within one year, an internal loan will be undertaken. Otherwise, long-term debt may be considered. Projects costs of $6.0 million include the following components: purchase price, HST; Land Transfer Tax, Provincial Top-up payment shortfall, and front-ending and development servicing costs. The City may incur front-ending and development servicing costs while it is still the legal owner of these lands. This is similar to the City's position in Duffin Heights, where it is subject to "cash calls" to help pay for its share of the Duffin Heights infrastructure. During the period of the City's ownership of the Seaton employment lands, the City will have the legal responsibility to meet any development-related cash calls, and the project's budget of $6.0 million has been calculated to meet those obligations. All of the City's costs will be passed onto the end buyers/users of the lands initially purchased by the City. With the planned construction of an office and factory facility 'on the initial 28 acre parcel, the estimated property taxes using 2017 tax rates (City share only) could be in excess of $300,000 per year. The final construction cost of the facility will be a major component in determining the property's assessment value. In addition to the annual property taxes, the project contemplated for the initial 28 acre parcel would also pay estimated building permit fees of $400,000 and development charges (City share only) of $530,000. It must be noted that the building permit and development charge fees are based on preliminary building drawings. This project represents an important opportunity for the City as it relates to economic development and our financial viability. There are always challenges in attracting large businesses and a significant number of jobs to a community. This first manufacturing operation will initially employ over 700 people. Together with the other proposed operations, as many as 3,000 new, well- paying anq highly-skilled jobs could result from the acquisition of these lands by the City. Discussion: The Pickering Innovation Corridor lands are designated as prestige employment, and consist of approximately 323 hectares (800 acres) owned by Her Majesty the Queen in Right of Ontario, as Represented by the Minister of Infrastructure (the "Province"). This land is shown on Attachment No. 1. The City's Official Plan designates this land as being suitable for light manufacturing, assembly and processing of goods, research and development facilities, business services, graphics and design, data and communications, offices and ancillary retail uses. - In April of 2016, the City's Economic Development Office was approached by a large multinational manufacturing business about the opportunity to consolidate its operations and relocate its facility to the Pickering innovation Corridor. The proposed facility would initially employ approximately 700 individuals, with room for future expansion and employment of approximately 800 additional individuals. Since then, the City has been approached by two other major manufacturing firms and CORP0227-07/01 revised 145 CAO 02-17 June 5, 2017 Subject: Pickering Innovation Corridor-Seaton Page 4 a group of investors, interested in a'cquiring some of the employment lands within the Innovation Corridor. The first manufacturer to approach the City wants to locate its facility in Pickering, but its business plan does not allow for it to purchase the necessary.lands. It wants to .l~a~e 28 acres of lands (shown in red on Attachment 1), and reserve an optton to le~se an adJOtntng 5.0 acre parc~l . (shown in blue), to accommodate its plans for future expanston. At the same time, a prominent developer has expressed interest in purchasing those lands, and is willing to lease them to the manufacturer. The manufacturer and the developer cannot be identified atthis time. The identity and the terms they are negotiating constitute commercial information, and disclosure could significantly prejudice their respective competitive positions, and interfere with the negotiations. Since the City was approached by the first manufacturer, others have expressed interest in locating their business operations within the Innovation Corridor. Two other manufacturers now wish to set up their operations in the Innovation Corridor, and a group of investors wants to establish a research and development business park there. These other interested parties want to purchase separate portions of employment lands within the Innovation Corridor. Discussions are ongoing with them and, at present, their identity and the terms under negotiation must remain confidential, to avoid the disclosure of commercially sensitive information. As set out in report CAO 01-17, the Province is prepared to sell employment lands within the Innovation Corridor to the City, who will in turn sell portions of the lands for business and manufacturing uses. This would be implemented by means of an Agreement of Purchase and Sale ("APS") between the Province, as vendor, and the City, as purchaser. The APS would provide for the purchase of the initial 28 acre site together with an option to purchase the balance of Block 6 within the Innovation Corridor. Additional agreements ·would be entered into by the City, as vendor, with the interested manufacturer, developer or investor. Each of these agreements would specify a price and terms which would fully cover the costs incurred by the City in acquiring the lands from the Province. Furthermore, the purchasers from the City would assume all servicing cost sharing obligations associated with the lands. Staff seek the approval of Council to negotiate, sign and deliver the APS and the additional agreements, which will also be subject to a condition requiring further Council approval. If and when the various agreements are signed back, staff will present them to Council in a public meeting, together with a Report setting out the details of the agreements and recommending for or against waiver of the Council approval condition. l.f Council then deems fit to waive its approval conditions, the agreements would become binding obligations on the City. In the interim, City staff will continue the ongoing negotiations with the interested parties. With respect to the City's purchase of the initial 28 acre parcel, City staff will pursue contract terms which assure the City that the ultimate lease of the lands to a major manufacturer will be in place prior to the City's purchase. In the event that proves impossible, it must be noted that the initial acquisition of 28 acres is justifiable in any event, because the City can hold those lands as an investment or sell them to other employers to encourage economic development. Regarding the option to purchase the balance of Block 6, City staff propose to exercise the option in increments as agreements arefinalized with other manufacturers, developers and/or investors. CORP0227 -07/01 revised 146 CAO 02-17 Subject: Pickering Innovation Corridor-Seaton June 5, 2017 Page 5 The purchase of the lands by the City and their sale for use as manufacturing facilities represents an extremely valuable economic development opportunity for the City. Major manufacturing facilities in Seaton would provide many highly skilled jobs in Seaton, and would be a significant step towards the job creation vision of the Central Pickering Development Plan. It would also serve as a catalyst for future development of the Pickering Innovation Corridor. Thisjs substantial for the City and for Durham Region as a whole. The City has received several different types of investment enquiries related to the Innovation Corridor, however, staff are determined to focus on sector specific manufacturers that will bring well-paying, high-tech jobs. In April2017, the Chief Administrative Officer and the Senior Advisor, Investment Attraction, were invited to Nanjing, China by a consortium of companies interested in purchasing a portion of the employment lands in Seaton for a research and development park with a view to attracting Chinese and North American based companies to Pickering. The main purpose of the trip was to meet with company executives, and to tour the existing research and development business parks within the Nanjing, China district. This trip enabled staff to confirm that the Chinese consortium could be a high value employer in Pickering's Innovation Corridor. Staff will continue to participate in sector spec.ific tradeshows and international exhibits to promote the Pickering Innovation Corridor. Many of the large manufacturers who have already approached the City with an interest in relocating and/or expanding their operations to Seaton have connected City staff with their supply chain of businesses, who are also looking into either expanding into the Canadian market, and/or relocating in close proximity to their key customer base. Senior staff have expended a great deal of time and effort in our pursuit of investment attraction. There are many initiatives and opportunities to manage, and in order to achieve success, we will continue to require a substantial investment of senior management time. Recommendation 8 asks Council to support the efforts of staff in the pursuit of domestic, multi-national organizations and high-end manufacturing and the associated costs (including domestic and international. travel). The economic benefits will be realized as we enhance the commercial and industrial tax base increasing our financial viability. Attachments: 1. Map of Innovation Corridor 2. Report to Council CAO 01-17 dated February 6, 2017 CORP0227-07/01 revised 14 7 TABLE OF COI\1'fENTS SECTION 1 DEFINITIONS ...•......... ~ ........................................................................................... 2 SECTION 2 AGREEMENT OF PURCHASE Al\TD SALE .A.l\'D OPTION .................... , ................ 8 SECTION 3.DEPOSIT /PAYMENT OF PURCHASE PRICE ................ ~ ..................................... 9 SECTION 4 HARMONIZED SALES TAX ............ ~ ................................................................... 10 SECTION 5 uAS IS WBERE IS", PURCHASER'S INSPECTION PERIOD, AND ENVIRON1¥.£ENTAL Th"DE~'ITY ........................................................................................... 10 SECTION 6 CLOSING CONDITIONS ...................................................................................... 14 SECTION 7. SALE A.PPROV AL ............................................................. · ................................... 16 SECTION 8 CLASS EA REQUIREMENTS! ABORIGINAL CLAIMS ....................................... 16 SECTION 9 RISK ..................................................................................................................... 19 SECTION 10 VENDOR'S WARRANTIES, REPRESENTATIONS Al\:'D COVENANTS ............. iS SECTION 11 PURCHASER'S W A-.JffiANTIES, REPRESENTATIONS Al\:'D COVENANTS ...... 19 SECTION 12 SEVERANCE ...................................................................................................... 20. SECTION 13 REFERENCE PLAN ............ ; ................................................................................ 21 SECTION 14 TITLE ................................................................................................................. 21 SECTION 15 NO ASSIGI\1VLENT ETC ...................................................................................... 22 SECTION 16 DEVELOPMENT AGREEJ\1ENTS ....................................................................... 22 SECTION 17 PREPARATION OF TRANSFER/DEED DOCUMENTS AND FEES/COSTS ....... 24 SECTION 18 TENDER .... ~ ...................................................................... : ................................. 24 SECTION,19 ADJUSTMENTS .................................. :~ ................................... ;· .......................... 24 SECTION 20 ELECTRONIC REGISTRATION ; ....................................................................... 25. SEC.TION21 CLOSINGDELIVERA.BLES ............................................................................... 25 · SECTION 22 NOTICE ....................................................................................................... ;; ..... 27 SECTION 23 CONFIDENlJ:ALITY .......................................................................................... 28 .SECTION'24 GENERAL ............................................................................................................ 29 SECTION 25 IRREVOCABLE PERIOD ................................................................................... 30 31:997-2001 2373162&.4 150 AGREEMENT OF PURCHASE Al\TD SALE BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE (hereinafter collectively called the "Vendor") RECITALS: -and- / THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "Purchaser") OF TIIE FIRST PART OF THE SECONP PART A. Tne Vendor is the owner in fee simple of the property defined ai the "'Lands" in Section L01(vv) of this Agreement B. ByOrder-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 Govern.\1lent of Ontario were assigned and transferred to the Minister of Economic Development, Employment and Infrastructure (now known as the "Minister of Infrastructure"). C. Vendor and OILC hereby confirm that OILC is the designated agent of the Vendor. D. The Lands are within the area covered by the "Central Pickering Development Plan" issued pursuant to the Ontario Planning and Development Act, 1994, S.O. 1994, c.23. E. The Purchaser has requested that the Vendor offer certain surplus lands, being the Lands, to the Purchaser, in accordance with the terms of the Realty Directive approved by the Management Board of Cabinet effective April I, 2013 and revised effective June l, 2015. · F. The Lands are subject to the Development Agreements, and the Purchaser has agreed to assume the Development Agreements as they relate to the Lands. G. The Lands are "Phase 1 Prestige Employment Lands" as such term is defmed by the Phase 1 RFEA. H.. The Lands are subject to the Leases, and the Purchaser has agreed to assume the Leases as they relate to the Lands. I. The Purchaser has offered to purchase the Property from the Vendor on the terms and conditions hereinafter set forth. 38997-200123731626.4 1 51 152 -2- NOW THER.:EFORE in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto · agree as follows: UH Definitions. SECTION 1 DEFINITIONS Unless the context expressly or by necessary implic~tion indicates a contrary meaning, the terms defined in this Section 1.01 for all purposes of this Agreement, shall have the meanh!gs set out below: (a) "Adjustments" illeans the adjustments to the Purchase Price provided for and determined pursuant to this Agreement. (b) "Affiliate" has the meaning set out in the Business Corporatimis Act, R.S.O. 1990, c. B. 16. (c) "'Agreement" means collectively, this agreement of purchase and sale, all Schedules attached hereto .and every properly executed instrw-nent which by its terms amends, modifies or supplements this Agreement. (d) "Applicable Law's" means, collectively, all statutes, laws, by-laws, regulations, ordinances and orders of any governmental Authority, including without limitation all Land Use Regulations. (e) "Approval Term" has the meaning ascribed to it in Section 7.03. (f) "As Is Where Is" has the meaning ascribed to it in Section 5.0 1. (g) "Assignee" has the meaning ascribed to it in Section 15.02. (h) "Assumption Agreement" means an agreement by which the Purchaser becomes a party to a Development Agreement, Lease or Permitted Encumbrance and assumes the responsibility of the Vendor with regard to the Property pursuant to such Development Agreement, Lease or Permitted Encumbrance. (i) "Attribution Development Charges" means the Regional Attribution Water Supply DC and the Regional Attribution Sanitary Sewerage DC (as such terms are defined in the Phase 1 RFEA) from time to time. G) "Attribution Prepayment" means the sum of the "Regional Attribution Water Supply DC Prepaymenf' and the "Regional Attribution Sanitary Sewerage DC Prepayment" (as such terms are defmed in the Phase 1 RFEA) from time to time. (k) "Authority" means any governmental or quasi-govern.rriental authority, regulatory authority, government department, agency, commission, board, tribunal, body or -3- department, or any court, whether federal, provincial or municipal, having jurisdiction over the Property, or the use thereof, and includes the City and the Region. (I) "'Buildings" means, individually or collectively, as the context requires, all buildings, structures · and fixed improvements located on, upon or under the Lands, and all improvements and [12;._iures of the Vendor contained in, upon or on such buildings and structures which are used in the operation of same, and "Building" means any one of the Buildings. (m) ''Business Day" means any day on which the Government of Ontario normally conducts business. (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) · ""City" means the City of Pickering. "City Sale Approval" means the necessary internal approvals required for the Transaction by the Council for the City. "Class EA" means· the Class Environmental Assessment Process fo~ the Ministry of Infrastructure as it applies to OILC realty activities (being as at the Execution Date, the "Ministry· of Infrastructure Public Work Class Environmental Assessment (Office Consolidation)", as approved April28, 2004 and amended on September 11, 2008 and on October 31, 2012), as approved, amended, or renewed from time to time by the Minister of the Environment and Climate Change pursuant to Section 14 of the Environmental Assessment Act, R.S.O. 1990, c. E.l8. "Class EA Requirements" has the meaning ascribed to it in Section 8.0 1. "Closing>' means the closing of the Transaction, including without limitation, the payment of the Purchase Price and the delivery of the closing documents in aq::ordance with the provisions of this Agreement. "Closing Date" means the day which is thirty (30) Business Days next following the later of (i) the date the Purchaser waives or satisfies its condition(s) contained in Section 5 and Section 6.04 of this Agreement, and (ii) the date that the Vendor fulfills its condition(s) contained in Section 6.0l(a), or any extension thereof as may be expressly provided for herein; provided however that the Closing Date can be no later than the Expiry Date, and if the Closing Date calculated as herernabove is later than the Expiry Date, then the Closing Date shall be the Expiry Date; "Community Use Laud" has the meani..TJ.g ascribed to it in the Seaton CSA. "Conta.'1ilinanf' has, for the purposes of this Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, t, E.19, as amended, and shall ihclude the requirements of any and aU guidelines and/or policies issued by the Ontario Ministry of the Environment and Climate Change and/or the Ministry of Labour. '"Cost Shared Service" has the meaning ascribed to it in the Seaton CSA. "Crown Right Request" has the meaning ascribed to it in Section 12.01. 153 154 -4- (x) ''DC Credit Recovery Payrnenf' has the meaning ascribed to it in Section 16.03. (y) "Deposit" has the meaning ascribed to it in Section 3.01. (z) "Developable Area Sbftre" has the meaning ascribed to it in the Sea~on CSA. (aa) "Development Agreements" means, collectively, the Phase 1 RFEA, the Seaton CSA, the Pickering FL.\, the Seaton-Dlirharn CSA and the Master Parks Agreement, and "Development Agreement" means any one of such agreements. (bb) "Development Agreement Paymenf' means any payment required to be made, or security to be provided, to an Authority, to the Vendor, or to a trustee named under a Development Agreement, by the Purchaser at Closing hereunder and whether required by · an Assumption Agreement or otherwise, and includes, but is not limited to, the DC Credit Recovery Payment, Attribution Prepayment, Development Agreement Security, Development Charge Payments, and Private Land Landowner Equivalency Payment (cc) "Development Agreement Security" means any security required to be delivered by a Private Landowner pursuant to a Development Agreement, whether by letter of credit or otherwise. (dd) "'Development Charge Credits" means the development charge credits earned pursuant to the Phase 1 RFEA. (ee) "Development Charge Prepayments" means the prepayments on account of the Regional Attributions Development Charges required to be paid to the Region pursuant to the Phase 1 RFEA upon the development of Employment Lands. (ff) "Drainage Area Share" has the· meaning ascribed to such term in the Seaton CSA. (gg) "Durham Owners" has the meaning ascribed to it in the Seaton-Durham CSA. (hb) "'Employment Lands" means those lands designated as "Prestige Employment Lands" in the 'Central Pickering Development Plan'. (ii) "Environmental Law" means, collectively, all Applicable Laws and a~ents 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, natlli-al 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. (ij) "Environmental Objection" has the meaning ascribed to it in Section 5 .02. (kk) <T.nvin:mmental Reports" me3J.LS the reports relating to the environmental condition of the Lands as identified in ScheduleC. -5- (ll) "Execution Date" means the date on which this Agreement has been executed and delivered by all parties hereto. (mm) "Expiry Date" has the meaning ascribed to it in Sectioo 1J13-. · (nn) "Further Class EA Extension Period" has the meamng ascribed to it m Section 8. 02( d)(i). (oo) "Further Extension Period" has the meaning ascribed to it in Section 8.03(b). (pp) "Hazardous Substance" includes, but is not limited to any hazardous or toxic chemical, waste, by-product, pollutant, contaminant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, by-products or other hydrocarbons a11d any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by ar1y and is defined in or pursuant to any Environmental Law. ( qq) o'Heritage Requirements" has the meaning ascribed to it in Section 8.0 l(b ). (rr) "HST' has the meaning ascribed to it in Section 4.01 of this Agreement. (ss) "Initial Class EA Extension Period" has the meaning ascribed to it in Section 8.02. (tt) "Initial Extension Period" has the meanh"lg ascribed to it in Section 8.03. (uu) "Inspection Period" means that period of time which is sixty (60) Business Days following the Execution Date. (vv) "Lands'' means the land(s) described in schedule A-l and outlined in red on the sketch plan attached hereto as Schedule A-2. (ww) "Land Use Regulations" means collectively, any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Property, including the existing Official Plans, zoning by-laws and zoning orders. (xx) "Land Transfer Tax Affidavit'' has the meaning ascribed to it in Section 17.01. (yy) "Leases" means all leases or licences of any portion of the Lands in force at Closing. (zz) "Master Parks Agreemenf' means the Master Parks Agreement dated entered into by the City, and the owners of other development land in the Seaton Community for the purpose of establishing arrangements pertaining to the satisfaction of the park dedication . requirements for the Seaton Coillluunity. (aaa) •=Municipality" means the municipality (or municipalities) where the Property is located. .155 156 -6- (bbb) "Offer Date" means the date the offer herein 1s submitted to the Vendor by the Purchaser. (tee) "OILC' means Ontario Infrastructure and Lands Corporation. (ddd) "Open Data, means data that is required to be released to the public pursuant to the Open Data Directive; (eee) "Open Data Directive" means the Management Board of Cabinet's Open Data Directive, updated on April29, 2016, as same may be amended from time to time; (fff) "Option Agreement" has the meaning ascribed to it in Section 2.04 (ggg) "Option Lands" " means the la..1ds described in schedule A-1 and identified on the sketch plan attached hereto as Schedule A-2. (hhh) "Participation Agreemenf' means the Participation Agreement attached hereto as schedule G and to be entered into between the Vendor and the Purchaser at Closing. (iii) "permitted Encumbrances" means, collectively, the encumbrances listed in Schedule B and any encumbrances created under the terms of this Agreement. (iij} "Phase 1 RFEA" has the meaning ascribed to such term in the Seaton CSA. (kkk) "Phase 1 RFEA Lands" has the meaning ascribed to such term in the Phase 1 RFEA. (Ill) "Phase 1 Development" has the meaning ascribed to such term in the Seaton CSA. (mmm) "'Pickering FIN' means the Financial Impacts Agreement dated November 26, 2015 entered into by the City, and the ovmers of other development land in the Seaton Community for the purpose of confming arrangements pertaining to the financing and construction of certain infrastructure and other related matters affecting the development of lands in Seaton. (nnn) (ooo) (ppp) (qqq) "Private Landowner" has the meaning ascribed to such term in the Seaton CSA. ''Private Landowner Equivalency Paymenf' has the meaning ascribed to it in Section 16.06. "Propertf' means, collectively, all of the right, title a..1d interest of the Vendor in and to the Lands and the Buildings. "'Property Documents" mea..'ls the documents in OILC' s current possession and related to the Property, as set out in Schedule C, and shall include, but shall not be limited to: (A) executed copies of any assignable service contracts, operating agreements and ma..iagement agreements; -7- (B) copies of assignable guarantees and warranties of-materials, workmanship, labour and materials relating to the Property that are still in effect; (C) copies of the Environmental Reports, heritage repor'-LS, archaeological reports or any other report relating to the physical, geotechnical or environmental condition of the Property; (D) copies of all Leases; (E) copies of all Permitted Encumbrances which are not registered against title to the Property; and (F) any plan of survey of the boundaries of the Property. (m) "Provincial Successor" has the meaning ascribed to such term in the Seaton CSA. (sss) ''Purchase Price" means the total amount determined by Section 2.02 that shall be paid by the Purchaser to the Vendor for the Property, exclusive of HST and subject to the Adjustments. (ttt) "Purchaser's Reports" has the meaning ascribed to it in Section 5.06. (uuu) "Region" means the Regional Municipality of Durham. (vvv) "Regional Infrastructure" has the meaning ascribed to it in the Seaton CSA. (w'ivw) "Requisition Date" has the meaning ascribed to it in Section 14.01. (xxx) ·"Sale Approval" means the necessary internal governmental approvals required for the Transaction including, but not limited to, the approval of the Lieutenant Governor-in- Council pursuant to Section 9 of the Ministry of Infrastructure Act, 2011 S.O. 2011, C. 9, Sched. 27. (yyy) "Sale Approval Date" means the date that the Sale Approval was granted. (zzz) "Seaton Community" means the developable land as determined by the Central· Pickering Development Plan, as may be further refined, and as determined by the Seaton CSA. . (aaaa) "Seaton CSA" means the Amended and Restated Cost Sharing Agreement dated November 26, 2015 between the Vendor and other oWriers of development land in the Seaton Community to provide for the sharing of the costs of development in the Seaton Community. (bbbb) "'Seaton-Durham CSA" means an agreement dated November 26, 2015 between the Vendor, the Private Landowners and the Durham Owners to provide for the recovery of certain costs cif construction of Regional Infrastructure to be incurred by the Vendor and the Private Landowners pursuant to the Phase l RFEA from the Durham Ov,'Ilers. 157 . ... .' 158 -8- (ecce) "Seaton Trustee" means the trustee as provided for in the Seaton CSA, as it is from time to time. As of the Execution Date, the Seaton Trustee is North Pickering Community Management Inc. (dddd) "Servicing Costs'~ has the meaning ascribed to it in Section 16.07. (eeee) "Subsequent Phase" means development of land in the Seaton Community, the development of which is not covered by the Phase l RFEA, and for which no allocation of sewer or water capacity has currently be granted by any Authority . (ffff) "TransaCtion" means, collectively, the purchase and sale of the Property provided for in this Agreement and all other matters contemplated in this Agreement. (gggg) "Vendor" means Her Majesty the Queen in right of Ontario as represented by the Minister of Infl:-astructure and includes, for the purpose of any exculpatory clause and indemnity included in this Agreement in favour of the Vendor, OU.,C, 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 Vendor or OILC may reasonably be expected to exercise controL SECTION2 AGREEMENT OF PURCHASE AND SALE AND OPTION 2.01 The Vendor agrees to sell, transfer and assign to the Purchaser all of the right, title and interest of the Vendor in the Property and the Purchaser agrees to purchase, acquire and assume the :Property from the Vendor for the Purchase Price which shall be paid by the Purchaser to the Vendor for the Property, exclusive ofHST and subject to the Adjustments on the Closing Date.· 2.02 The Purchase Price shall be calculated by multiplying the area oftheLands in acres by a per acre price of O:l\TE HUNDRED THOUSAND DOLLARS ($1 00,000.00) per acre. It is estimated that the area of the Lands is 28.0 acres more or less, which would result in a Purchase Price of TWO :MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00). Prior to Closing the area of the Lands shall be conclusively determined by the niference plan to be prepared in accordance with Section 13.01 hereof - 2.03 The Purchaser shall NOT be entitled to direct title of the Property to any other person or entity at Closing. 2.04 The Vendor and the Purchaser hereby covenant and agree to execute and deliver on Closing an option agreement (the "'Option Agreemenf') in the form attached hereto as Schedule l. The Purchaser shall not be entitled to register a notice of the Option Agreement on title to the Option Lands. -9- SECTION3 DEPOSIT I PA1!MENT OF PURCHASE PlliCE 3.01 The Purchaser \vill pay to Vendor's solicitor in trust, by certified cheque or wire transfer: (a) Upon the submission of this offer to purchase, a sum equal to five. percent (5%) of the Purchase Price, as estimated at Section 2.02 hereof, as a deposit to be credited towards the Purchase Price on the Closing Date; and (b) Within forty-eight ( 48) hours of t.'re Execution Date a further sum equal to five percent ( 5%) of the Purchase Price, as estimated at Section 2. 02 hereof, as a further deposit to be credited towards the Purchase Price on the Closing Date (collectively, the ""Deposit"). 3.02 The parties authorize OILC to invest khe Deposit with a Canadian bank as identified in Schedule I of the Bank Act, R.S., 1991, c. B.46 (Canada) in a term or certificate of deposit (such investment to be available to OILC through its trust account bank and which investment allows liquidation of the investment as necessary for the anticipated Closing Date or earlier· termination of this Agreement as herein provided) if OILC determines, acting reasonably, that anticipated interest to be earned will justify any related expenses, considering the rate of interest to be earned and the anticipated time the Deposit will be held before Closing. Any and all interest earned thereon shall accrue to the benefit of and, subject to Sections 3.03 .and 5.03, be paid to the Purchaser forthwith following the Closing Date or earlier termination of this Agreement. 3.03 In ilie event that this Agreement is terminated due to a specific default by the Purchaser, then the Deposit, together with. all interest accrued iliereon, shall be forfeited to the Vendor as liquidated damages. 3.04 If the Transaction is completed, t.11e Deposit shall be credited against ilie Purchase Price due on Closing and all interest accrued thereon shall be paid to the Purchaser or as it may direct forthwith following Closing. 3.05 On Closing the Purchase Price shall be paid and satisfied as follows: (a) by release of the Deposit to fue Vendor; and (b) the balance of the Purchase Price, as adjusted pursuant to this Agreement shall be paid on the Closing Date by the Purchaser to OJLC in trust by way of wire transfer, such payment bei_Tlg deemed to have been made when OJLC's financial institution confirms receipt of such wire transfer. 3.06 In addition to the Purchase Price, at Closing fue Purchaser shall pay, or cause to be paid, all Development Agreement Payments to fue Vendor, to the applicable Authority, or to the applicable trustee under a Development Agreement, as applicable. 3.07 The Purchaser acknowledges that at Closing it will be required to provide, or cause to be provided, Development Agreement Security to t..l)e appropriate Authority pursuant to one or more of the Development Agreements. 3.08 The Transaction shall be completed on fue Closing Date at the offices of the Vendor's solicitors. 159 160 SECTION 4 HARMONIZED SALES TAX 4.01 The Purchase Price does not include the Harmonized Sales Tax ("HST") payable by the Purchaser in respect of the purchase of the Property pursuant to the Excise Tax Act, R.S.C. 1985,, c. E.l5 (Canada) (the "Acf'). Subject to Section 4.02, the Purchaser agrees to pay to the Vendor; on the Closing Date, as a condition of completion of this Transaction by wire transfer, certified cheque or, bank draft, all HST payable as a result of this Transaction in accordance with the Act. · 4.02 Notwithstanding Section 4.0 l above, the Vendor shall not collect HST from the Purchaser in this Transaction if, on Closing, the Purchaser is registered under the Act and in that event, the Purchaser shall: (a) file returns and remit such HST to the Receiver General for Ca.1ada when and to the extent required by the Act; and (b) provide to the Vendor, on the Closing Date, a certificate confirming that the Purchaser is registered under the Act for the purposes of collecting and remitting HST, and confirming its HST registration number under the Act, together with an indemnity in favour of the Vendor for any and all HST, fines, penalties, actions, costs, losses, claims, damages or expenses and/or interest which may become payable by, or assessed against, the Vendor as a result of the Vendor's failure to collect HST from the Purchaser on the Closing Date, such certifi~ate a.;d indemnity to be in a form satisfactory to the Vendor's solicitor, acting reasonably, failing which the Purchaser shall pay to the Vendor on Closing the HST payable by the Purchaser with respect to this Transaction and L1e Vendor shall remit such HST to the appropriate Authority in accordance with the Act . 4.03 The Purchaser's obligations under this Section 4 shall survive and not merge on Closing. SECTION 5 "AS IS WHERE IS", PURCH..4..SER'S INSPECTION PERIOD, AND ENVIRONMENTAL INDEJ\1NITY 5,01 The Purchaser acknowledges and agrees that (a) in entering into this'Agreement, the Purchaser has relied and will continue to rely entirely and solely upon its own inspections and investigations with respect to the Property, including, without limitation, the physical and environi:nental condition of the Property and a review of any documentation respecting .the Property, and the Purchaser acknowledges it is not relying on any information furnished by the Vendor or any other person on behalf of, or at the direction of, L~e Vend or in connection therewith; (b) the Purchaser is purchasing and shall accept, assume and take title to the Property and any improvements thereon in an "As Is, V/here Is" condition. The term: "As Is, ·where Is, means in its condition or state on the Offer Date, without any agreement, representation or warranty of any kind whatsoever, either express or implied on the part of the Vendor, as to the condition of the soil, the subsoil, the ground and surface water or (c) -11- any other environmental matters; the condition of the Lands, suitability for development, physical characteristics, profitability, the condition of the Buildings, or any otc~er matter respecting the Property whatsoever, including without limitation, compliance with Environmental Law, the existence of any Hazardous Substance or Contan1inant, the use to which the Property may be put and its zoning, the development potential of the Property or the ability of the Purchaser to obtain approvals with respect to the Purchaser's intended development of the Property, or as to the accuracy, currency or completeness of any information or documentation supplied to the Purchaser in connection with the Property; and the Vendor shall have no obligations or responsibility to the Purchaser after Closing with respect to any matter relating to the Property or the condition thereof. The provisions of this Section 5.01 shall survive and not merge on Closing. Without limiting the foregoing, the Purchaser accepts, assumes and takes title to the Property subject to the land uses currently permitted on the Property by the applicable Land Use Regulations and the Purchaser shall not make and is not authorized by the Vendor to make, prior to completion of this Transaction, any applications to the Municipality or any governmental Authority for changes or variances to the uses currently permitted on the Property, including without limitation changes or vari~ces to official plans and/or zoning by-laws applicable to the Prbperty. 5JJ2 During the period of time commencing on the Execution Date and expiring on the expiration of the Inspection Period, the Purchaser may carry out whatever investigations it considers necessary to satisfy itself with respect to the condition of the soil, the subsoil, the ground and surface water or any other environmental matter relating to the Property, including, without limitation, compliance with Environmental Law, the existence of any Hazardous Substance or Contaminant. If as a result of such investigations the Purchaser has or acquires evidence within the Inspection Period that there exists a condition 6f non-compliance with Environmental Law or the presence of a Hazardous Substance or Contaminant on, in, at, under, emanating from or onto the Property that would be in excess of the guidelines for a...'1y of the permitted uses under th.e current zoning by- law affecting the Property, the risk or presence of which the Purchaser is-not prepared to· assume, then the Purchaser shall, by 1vritten notice, provide such evidence to the Vendor within the Inspection Period by way of a report of a recognized and qualified environmental consultant who shall specify in detail the nature of the non-compliance, Hazardous Substance or Contaminant and quantify the remediation cost (collectively, an "Environmental Objection"). Upon receipt of an Environmental Objection, the Vendor may, at its option and in its sole discretion: (a) undertake, as the Purchaser's sole and exclusive remedy, to take such actions, complete such work and/or implement such measures, in the Vendor's sole discretion as to means and methods, as may be necessary to correct the matter of non-compliance prior to the Closing Date or as soon as reasonably possible after the Closing Date if compliance prior to Closing is not, in fhe Vendor's opinion, reasonably possible; (b) credit the Purchaser, as the Purchaser's sole and exclusive remedy, the quantified cost of correcting the matter of non-compliance as an adjustment to the Purchase 1 61 162 -l2- Price, in which event the Purchaser shall, on Closing, expressly assume the obligation and undertake to correct the matter of non-compliance as soon as possible after the Closing Date and shall indemnify and save hal-mless the Vendor from and against any and all claims, demands, costs, damages, expenses and liabilities whatsoever arising from the Purchaser's failure to remediate the Hazardous Substance, Contaminant and/or matter of non-compliance; (c) terminate this Agreement in which event the Deposit shall, subject to Section 5.03, be returned to the Purchaser with accrued interest, and witho~t further liability to the Vendor; or (d) refuse to do either (a), (b), or (c) above in which event the Purchaser shall have the option of eriller: (i) completing the Transaction without adjustment to the Purchase Price; or (ii) terminating this Agreement in which event the Deposit shall, subject to Section 5.03, be returned to the Purchaser with accrued interest, and without further liability to the Vendor. The Vendor shall have ten (1 0) Business Days from receipt of the Environmental Objection to make its election under (a), (b), (c) or (d) above by notice in writing to the Purchaser and in the event the Vend or fails to make an election within said ten ( 1 0) Business Day period, the Vendor will be deemed to have elected option (d) above. The Purchaser shall have ten (10) days from the date of the Vendor's election or deemed election under (d) above to elect, by notice in ·writing to the Vendor, to terminate or complete as per paragraph (d) above and in the event the Purchqser fails to make an election within said ten (10) day period the Purchaser shall be deemed to have elected to complete the Transaction without adjustment to the Pprchase Price. 5.03 During the Inspection Period, the Vendor will permit the Purchaser together with its employees, agerits or consultants ac?ess to the Property, at reasonable times and upon a minimum of two (2) Business Days' prior written notice to the Vendor, to cany out, at the Purchaser's sole expense and risk, such investigations, tests and inspections as the Purchaser deems necessary, provided that the Purchaser takes all reasonable care in the conduct of such investigations, tests and inspections. All tests, investigations and inspections conducted by the Purchaser or its representatives shall be commenced and completed prior to the expiration of the Inspection Period and shall be carried out as expeditiously as possible and at times and in such manner so as · to not interfere v.zith any tenants, occupants or licensees on the PropertY or the operation and maintenance of the Property. The Purchaser covenants and agrees to promptly repair or pay the ·cost of repair of any damflge occasioned during or resulting from such investigations, tests .and inspections of the Property conducted by the Purchaser or its repre·sentatives and to return the Property to substantially the same condition it was in prior to such investigations, tests and inspections. The Vendor assumes no responsibility for and the Purchaser shall indemnify and saye harmless the Vendor from and against any and all claims, demands, costs, damages, e:x.-penses and liabilities whatsoever arisir1g from the Purchaser's and/or its agents' or consultants' presence on the Property or the Purchaser's and/or its agents' or consuitants' activities on or in connection with the Property. Tl:le Vendor shall be entitled to deduct from the Deposit paid by the Purchaser hereunder the amount of any losses, costs, claims, third party actions, damages and expenses which the Vendor may suffer as a result of a breach of this Section 5.03. The obligations in this Section 5.03 shall survive termination of this Agreement for a period of two (2) years and shall not merge on Closing. -B- 5.04 Intentionally Deleted. 5.05 The Vendor agrees to provide to the Purchaser, within five (5) days of the Execution Date, the Property Documents listed in Schedule C. The Purchaser acknowledges and agrees that (i) the Property Documents are being provided to the Purchaser for informational purposes only and the Vendor makes no representations or warranties whatsoever with respect to the content, completeness or accuracy ofthe Property Documents, or the environmental or any other condition of the Property; (ii) the Vendor shall not be liable to the Purchaser, its agents, employees or lending institution in any way. for any error, omission or inaccuracy contained in any Property Document; and (iii) as of the Closing Date, the Purchaser shall become solely liable for all conditions and Hazardous Substances and/or Contfuuinants existing at the Property, whether knovm or unknown by the Purchaser, and whether or not such conditions or Hazardous · Substances and/or Contaminants are disclosed in the Property Documents or have been discovered by Purchaser in the course of its due diligence or other investigations or inspections of the Property. 5.06 The Purchaser covenants and agrees that the Property Documents provided by the Vendor and any and all third party r~ports, findings, recommendations, opinions and information resulting from the Purchaser's due diligence ("Purchaser's Reports") and the information contained therein shall be held in accordance with the confidentiality provisions set out in section 23. If this Agreement is terminated for any reason, the Purchaser will promptly return to the Vendor all Purchaser's Reports and Property Documents without keeping copies. The Purchaser shall deliver to the Vendor forthwith following receipt, copies of any and all Purchaser's Reports the Purchaser commissions or obtains during the course of its investigations. 5.07 In the absence ofthe Purchaser delivering: (i) an Environmental Objection; and (ii) a notice to terminate the Agreement under Section 5.02(d), the Purchaser shall be conclusively deemed to accept the Property in its As Is, Where Is condition; having waived all requisitions concerning any matters relating to the Property, save for any valid requisition on title made prior to the expiry of the Requisition Date, and the Purchaser shall accept·full responsibility for all conditions related to the Property, and the Purchaser shall comply, at its sole cost, with all orders relating to the condition of the Property issued by any competent government Authority, court or administrative tribunal, including any order issued against the Vendor mcluding without limitation, any non- compliance with Environmental Law or relating to the existence of any Hazardous Substance or Contaminant. 5.08 As .an inducement to, and as further consideration for, the Vendor agreeing to sell the Property to the Purchaser upon the terms and conditions set forth i.11 this Agreement, the Plirchaser covenants and agrees that, effective as of the Closing Date, the Purchaser shall forever release and covenant not to sue the Vendor and its affiliates, subsidiaries, related legal entities, employees, directors, officers, appointees and agents with respect to anything arising out of the environmental or any other condition of the Property or the presence of Hazardous Substances or Contaminants in, on, under, or emanating from or onto the Property, regardless of whether such envirornnental conditions or the presence of Hazardous Substances or Contaminants is known or unknown by the Purchaser and regardless of whether such condition is set forth in the Property Documents, the Purchaser's Reports or any other report, document or information discovered during the course of the Purchaser's due diligence or othenvise. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for 163 5.10 5.11 6.01 164 -14- personal injury or death, property damage,, statutory claims under Environmental Laws and claims for contribution. From and after the Closing Date, the Purchaser shall be responsible for, and hereby agrees to indemnifY, defend and save harmless the Vendor and its employees, directors, officers, appointees and agents from, any and all coSts (including legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgments, awards (including awards of costs) fu>d liabilities (including sums paid in settlement of claims), that may arise as a result of the condition of the Property, the presence of Hazardous Substances or Contarninfu>ts in, on or under the Lands, t.~e Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from the Property), any order issued by any Authority in connection with the condition of the Property, or any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Property including, wit..l-:lout limitation, non-compliance with Environmental Law or the existence of any Hazardous Substa.11ce or Contaminant. Wifuout limiting the genenility of the foregoing, this indemnification shall specifically cover costs incurred, from and after the Closing Date, in connection with any claim for personal injury fu!dlor death, property damage, investigation of site conditions and/or any clean-up, remedial, removal, monitoring or restoration work required by any federal, provincial, or local government agency or political subdivision because of the presence· of Hazardous Substances, in, on or under the Lands, the Buildings or any environmental medium, structure or paved surface or emanating therefrom. On Closing the Purchaser agrees to deliver a Purchaser's Environmental Indemnity and Covenant Not to Sue, in the form attached hereto as Schedule H. The parties agree to execute and exchange at the ,time of Closing such further documentation as either party reasonably requests, including, but not limited to, an agreement whereby the Purchaser shall reaffirm the release, covenant not to sue and indemnifications regarding the condition of the Property and environmental matters set forth in this Section 5 in the form attached hereto as Schedule "P'. Notwithstanding the foregoing, the release, covenant not to sue and indemnifications set forth in this Section 5 shall become effective and enforceable automatically upon the registration of the Transfer/Deed of Land in respect of the Property in favour of the PurchaSer, and Purchaser shall be bound by them, regardless of whether or not Purchaser executes any separate instrument at the time of Closing. Unless otherwise expressly set out herein, this Section 5 shall not merge but shall survive the Closing Date and shall be a continuing obligation of the Purchaser. SECTION6 CLOSING CONDITIONS The obligation of the Vendor to complete the Transaction is conditional upon fulfillment of each of the following conditions on or before the Closing Date or 3.1"1)' earlier date or time specified in this Agreement (a) the Vendor shall have obtained the Sale Approval pursuant to Section 7 of this Agreement; -15- (b) all of the terms, covenants and conditions of this Agreement to be complied with or performed by the Purchaser shall have been complied with or performed in all material respects at the times contemplated in this Agreement; (c) the representations and warranties of the Purchaser set forth in this Agreement shall be true and accurate in all material respects as if m'ade as of the Closing; (d) the Purchaser shall. have executed all documents required to assume the obligations of the Vendor pursuant to the Development Agreements, including all required assumption Agreements; and (e) all documents and deliveries required to be executed and/or delivered by the Purchaser shall have been executed and delivered to the Vendor in accordance to this Agreement. 6.02 The conditions set forth in Section 6.01 are for the sole benefit of the Vendor and may be waived in whole or in part by the Vendor, or by its solicitors on its behalf, in the sole and absolute discretion of the Vend or by written notice to the Purchaser. The conditions are conditions precedent to the obligation ofthe Vendor to complete the herein Transaction ori the Closing Date. 6.03 If a condition set forth in Section 6.01 is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser's solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any (save and except for any condition which is to be satisfied on the Closing in connection with which it is hereby agreed that upon successful completion of the Transaction, such condition shall be deemed to have been satisfied), at the Vendor's sole option, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations, and (i) in the event the Agreement is terminated as a result of the non-fulfilment of the condition set forth in Section 6.01(a), neither the Vendor nor the Purchaser shall, subject to Section 5.03, be liable to the other for any loss, costs or damages, and the Deposit shall, subject to Section 5.03, be returned to the Purchaser with interest and without deduction, and (ii) in the event the Agreement is terminated as a result of the non-fulfilment of any of the conditions setforth in Section 6.01(b), 6.0l(c) or 6.0.1(d), the Deposit shall be forfeited to the Vendor as liquidated damages and without derogating from any claims or causes of action the Vendor may have pursuant to this Agreement and at law against the Purchaser arising from the Purchaser's default therein: 6.04 The obligation of the Purchaser to, complete the Transaction is conditional upon fulfillment of the following conditions on or before the expiration of the Inspection Period: (a) the City has obtained the City Sale Approval, which approval may be provided in the sole and unfettered discretion of the City and which the Vendor acknowledges may be arbitrarily and unreasonably withheld. 6.05 The condition set fort.b in Section 6.04 is for the sole b~nefit of the Purchaser and may be waived in whole or in part by the Purchaser, or by its solicitors on its behalf, in the sole and absolute discretion of the Purchaser by._ written notice to the Vendor. The condition is a condition precedent to the obligation of the Purchaser to complete the herein Transaction on the Closing Date. 165 166 -16- 6.06 If the condition set forth in Section 6.04 is not fulfilled within the applicable time period and/or the Purchaser fails to notifY the Vendor or the Vendor's solicitors that such condition has been. waived, this Agreement shall be null and void, and the Deposit shall, subject to Section 5.03, be returned to the Purchaser with interest and without deduction. SECTION7 . SALE APPROVAL 7.01 The obligation of the Vendor to complete the Transaction is conditional upon fulfillment of the following condition: within ninety (90) days from the Offer Date, the Vendor shall have obtained the Sale Approval, which approval the Purchaser acknowledges may be arbitrarily and unreasonably withheld. The Vendor shall notify the Purchaser if and when such approval is obtained, and the date of such notification if obtained shall .be the date of commencement of the Inspection Period. 7.02 The Purchaser a,orees that should the Vendor be unable to satisfY the condition set out in Section 7.01 wiu~in the said ninety (90) day period, then the Vendor may, at its option and in its sole discretion, extend this time period for an additional sixty (60) days by notice in writing to the Purchaser within the initial ninety (90) day period. · 7.03 The Purchaser acknowledges that any Sale Approval that the Vendor obtains with respect to the Property may" be subject to the limitations stated therein, including but not limited to a limitation that such approval shall be valid for a specified period of time from the date of such Sale Approval (the "Approval Term"), in which event such Sale Approval shall cease to be valid on the date upon which the Approval Term concludes (the "Expiry Date"), or on such date that such other limitation(s), if any, is/are not met and satisfied. In the event that the Vendor shall have obtained a Sale Approval for the Property in satisfaction of the condition set out in Section 7.01, and in the event that the completion of the Transaction has not occurred on or before the Expiry Date set out in such Sale Approval or such date that such other limitation(s), if any, is/are not met and satisfied, notwithstanding any waiver of the condition set out in Section 7.01, this Agreement shall then be null and void, the Deposit and any interest accrued thereon shall, subject to Section · 5.03, be returned to the Purchaser and neither the Vendor nor the Purchaser shall, subject to Section 5.03, be liable to the other for any loss,· costs or damages. SECTIONS· CLASS EA REQUJRElVIENTS I ABORIGINAL CLAIMS 8.01 The obligation of the Vendor to complete t..\e Transaction is conditional upon fulfillment of the following condition on or before the Closing Date: the Vendor shall have completed the Class EA for the Property and the Transaction (collectively, the "Class EA Requir~ments"). For purposes of this condition, the Class EA Requirements shall, without limitation, include and be deemed to i11clude the following specific requirements: (a) the requirements of the Environmental Assessment Act, R.S.O. 1990, c.E. 18, as approved, amended, or renewed from time to time, as they apply to the Property and the Transaction (the <'Environmental Requirements,); and -17- (b) the requirements of the Standards & Guidelines for Conservation of Provincial Heritage Properties issued by the Ministry of Tourism, Culture and Sport pursuant to Section 25.2 of the Ontario Heritage Act, R.S.O. 1990, c.O.l8, as approved, amended, or renewed from time to time, as they apply to the Property and the Transaction (the "Heritage Requirements"). 8.02 Notwithstanding any other provision of this Agreement, the completion of the Transaction is subject to continuing compliance to the Closing Date with all Class EA Requirements. In the event that prior to the Closing Date: (a) any governing Authority makes or issues, or the Vendor receives any notice or communication from any governing Authority that it is considering whether to make or issue, any order or directive pursuant to the Class EA Requirements that necessitates that the Vendor, in addition to the actions and measures taken aforesaid, take other or different actions or measures to comply with the Class EA Requirements (including, without limitation, an order or directive requiring the Vendor to comply with Part ll of the Errvironmental Assessment Act); (b) a written request has been made to the Minister of the Environment, of which the Vend or has notice, that other or different measures be taken to comply with the Class EA Requirements; then the Vendor may, at its option and in its sole discretion, extend the Closing Date for at least an additional thirty (30) days (the "Initial Class EA Extension Period") by notice in ·writing to the Purchaser during which time the Vendor shall: (c) use reasonable efforts to determine whet.her the request in subsection (b) above has been satisfied or has been refused; and (d) at its option and in its sole discretion, either: (i) comply with such order or directive (as the same may be modified or withdrawn) at its own expense, in which event the Vendor may extend the Closing Date up to (but no more than) three times, for a further period of thirty (30) days each (for a maximum of ninety (90) days in the aggregate) (collectively, the "Further Class EA Extension Period"); or (H) within the Initial Class EA Extension Period or at ahy time within the Further Class EA Extension Period, terminate this Agreement by written notice to the Purchaser, in which case this Agreement shall be null and void and of no further force and effect and the Depo?it and any interest accrued there·on shall, subject to Section 5.03, be returned to the Purchaser and neither party shall be further liable to the other pursuant to this Agreement other than the Purchaser's obligations pursuant to Section 5.03 of this Agreement 8.03 Notwithstanding any ot.~er provision of this Agreement, if at any Th.ue prior to the Closing Date the Vendor receives notification or ot.herwise becomes aware of ariy claim or potential claim whatsoever for an interest i...rt respect of the Property, by a..11y First Nation or other aboriginal group or individual, in relation to any constitutional right, treaty right, land claim, surrender agreement 167 168 -18- or consultation right, inclMding, without limitation, an interest in the title to the Property, a right to the use of the whole or any part of the Property, a restriction on the use of the Property or any part thereof for any purpose, a restriction on access to the Property or any part thereof, a claim for compensation, arising out of any interest or claimed interest in the Property or a right of consultation in relation to the Property, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date for at least an ·additional thirty (30) days (the "Initial Extension Period") by notice in writing to Purchaser during which time the Vendor shall: (a) determine.in its sole and unfettered discretion if such clair'TI, potential claim or interest is capable of beiJ;J.g satisfied or whether appropriate releases can be obtained from all interested parties to enable the Vendor to complete the sale of the Property to the Purchaser by the Closing Date free and clear of any such claim, potential claim or interest; (b) enter into arrangements which enable the Vendor to complete the sale of the Property in accordance with Section 8.03(a), for which purpose it may extend the Closing Date up to (but no more than) three times, for a furt.her thirty (30) days each (for a maximum of ninety (90) days in the aggregate) (collectively, the "Further Extension Period"); or (c) within the Initial Extension Period or at any time within the Further· Extension Period, have the right to terminate this Agreement· by vvritten notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and neither party shall be fur'-t.her liable to the other pursuant to this Agreement other than the Purchaser's obligations pursuant to Section 5.03 of this Agreement. · 8.04 If at any time prior to Closing, the Vendor receives notification or otherwise becomes aware of any requirements imposed by an Authority, including without limitation any additional Heritage Requirements, not otherwise contemplated in this Section 8 and with which the Vendor must comply as a condition of completing the Transaction, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date up to three (3) times for a period of thirty (30) days each time (maximum ninety (90) days) by notice in vvriting to Purchaser during which time the Vendor shall: · (a) determine in its sole and unfettered discretion if such requirement can be satisfied so as to ··enable the Vendor to complete the sale of the Property to the Purchaser by the Closing Date; or (b) have the right, with or without a determination pursuant to subsection (a) above, to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and the Deposit plus any interest accrued thereon shall, subject to Section 5.03, be returned to the Purchaser and neither party shall be further liable to the other pursuant to this Agreement other than the Purchasers obligations pursuant to Section 5.03 of this Agreement -19- SECTION9 RISK 9JH Until completion of this Agreement on the Closing Date, the Property shall be and remain: at the risk of the Vendor, except as otherwise provided in Section ~. The Purchaser acknowledges that the Vendor, in respect of damage to the Property, is self-insured. In the event of damage to the Property on or before the Closing Date (other than damage occasioned during or resulting from the Purchaser's and/or its agents, consultants or representatives entries and/or activities on or to the Property, in which event Section 5.03 shall govern) (the "Pre-Closing Damage"), the Vendor may elect (i) to forthwith repair the Property to the same state and condition as it was in at the Offer Date in which event the Purchaser will complete the Transaction without an abatement in the Purchase Price; or (ii) to reduce the Purchase Price by an amount equal to the cost required to complete the repair as estimated by an independent qualified architect or engineer jointly retained by the Vendor and the Purchaser, acting reasonably and at arm's length in which event the Purchaser will complete the Transaction and accept a price redllction equal to such cost, or (iii) to terminate this Agreement in which case the Deposit shall, subject to Section 5.03, be immediately returned to the Purchaser, with interest and wifhout deduction, and neither party shall, subject to Section 5.03, have any further rights or obligations hereunder. 9.02 From and including the Closing Date, the Property shall be entirely at the risk of the Purchaser and the Purchaser shall accept and assume any and all responsibilities and liabilities arising out of or in any way connected with the Property whether they arose before, on or after the Closing Date and, without being lL.'llited by i:he foregoing, any state, nature, quality or condition in, on, under or near t.he Property existing as of the Closing Date, whenever and however arising, whether b1own or unknown and whether environmental or otherwise, and whether such responsibilities and liabilities are imposed by law, equity or any governing Authority. SECTIONlO VENDOR'S W ARR.ANTIES, REPRESENTATIONS AND COVENANTS 10.01 The Vendor represents and warrants to the Purchaser that the Vendor is not a non-resident of Canada within the meaning and intended purpose of Section 116 of the Income Tax Act, R.S.C. 1985, c.l (5th Supp.). · ' 10.02 Any information provided by the Vendor or its agents, including the Property Documents, and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations,or warranties as to, and takes no responsibility for, the accuracy or completeness of the ,Property Documents or any other information it has provided to the Purchaser. SECTION 11 PURCHASER'S WARRANTIES, REPRESENTATIONS A.T'ID COVENANTS 11.01 The Purchaser represents and warrants to tt1e Vendor that the Purchaser does not have· a conr1ict of interest with the Vendor or 0 ILC or with any of their respective directors, officers, appointees, 169 170 -20- employees or agents. -The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule D at the time of execution by the Purchaser of this Agreement The Purchaser acknowledges that in the event that the information upon which the Statutory Declaration was provided has cha11ged, the Purchaser shall infonn the Vendor of such change up to and including the Closing Date. 1 Ul2 The Purchaser represents and warrants to the Vendor that the execution, delivery and performance 'by the Purchaser of this Agreement, and each agreement to be executed and delivered pursuant hereto at Closing, to which the Purchaser is a party are within the Purchaser's legal power and jurisdiction and, subject to the Purchaser obtaining the City Sale Approval in accordance with the condition set forth in Section 6.04, will have been duly autl-torized and approved by all necessary action on the part of the Purchaser. · 11.03 The Purchaser represents &'1d warrants to the Vendor that this Agreement has been, and, subject to the Purchaser obtaining the City Sale Approval in accordance with the condition set forth in Section 6.04, each a,oreement to be executed and delivered by the Purchaser pursuant to this Agreement, will be duly and validly executed and delivered by the Purchaser, and this Agreement constitutes, and each agreement to be executed and delivered pursuant hereto at Closing, when so executed and delivered will constitute, the legal, valid and binding obligation of the Purchaser, enforceable against the Purchaser in accordance with their respective terms. 11.04 The Vendor shall deliver and the Purchaser shall accept possession of the Property on the Closing Date in an As Is Where Is condition, subject to: (i) the Lefl.Ses; (ii) the DevelopmentAgreements; and (iii) the Pennitted Encumbrances. · 11.05 As of the Closing Date, the Purchaser shall assume and be responsible as owner for the management and administration of the Property and the Vendor shall have no further responsibility whatsoever therefor. 11.06 Without limiting the generality of the foregoing, the Purchaser shall comply with the terms efthe Permitted Encumbrances, any agreement entered into by the Vendor with any Authority relating to the Property, all other agreements relating to public utilities and municipal services, the Land Use Regulations, all relevant municipal by-laws and all registered restrictions. The Purchaser further agrees and acknowledges that it shal.l be bound by any contractual obligations which the Vendor may have entered into concerning the Property prior to the Closing Date. 11.07 On the Closing Date, the Purchaser will execute and deliver an Assignment, Assumption and Indemnity in the Vendor's standard form accepting, assuming and indemnifying the Veridor with . respect to all such matters referred to in this Section 11. SECTION 12 SE'V'"ERANCE 12.01 The Purchaser ack1"1owledges that the Vendor wiil invoke "'Crown Riglif' to sever property (i.e. the ability of the Crown to divide land referenced under the subdivision control provisions of the Planning Act) in connection with the Transaction. . -21 - . SECTION13 REFERENCE PLAN 13.01 The Vendor agrees, at the Purchaser's sole expense, to prepare and deposit in L~e appropriate Land Registry Office, a reference plan of survey of the Lands. The Vendor shall provide the Purchaser with a copy of the deposited reference plan on or before the Closing Date. Such costs, including all applicable disbursements and taxes, shall be treated as an adjustment to the Purchase Price in the Vendor's favour in accordance with Section 19 of this Agreement. SECTION 14 TITLE 14.01 The Purchaser shall have until the day w:hich is twenty (20) Business Days before the Closing Date (the "Requisition Date") to investigate title to the Property at the Purchaser's expense. The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of title to the La_,!ds except such as are in the possession ofOILC or the Vendor. 14.02 On the Closing Date, the Purchaser shall accept title to the Property in an As Is \Vhere Is condition subject to the following: (a) the Land Use Regulations; (b) the Development Agreements and notices thereof; (c) the Leases; (d) all Community Use Land obligation pursuant to the Seaton CSA; and (e) the Permitted Encumbrances. The Purchaser agrees to satisfy itself with respect to compliance with alJ such agreements, easements, restrictions or covenants; encumbrances and regulations referred to herein and agrees that the Vendor shall not be required to provide any evidence of compliance with same. · 14.03 If, prior to the expiry of the Requisition Date, the Purchaser furnishes the Vendor in writing with a valid objection to title which the Vendor is umvilling or unable to remove, remedy and satisfy and which the Purchaser will not waive, this Agreement shall be terminated notv..ithsfanding any intermediate acts or negotiations with respect to such objection, the Deposit'shall, 'subject to Section 5.03, be returned to the Purchaser with interest and without deduction and the Vendor shall not be liable for any costs or damages suffered by the Purchaser arising out of such termination or otherwise out of this Agreement. 14.04 The Vendor hereby consents to the relevant Municipality releasing to the Purchaser any information in its records in connection with the Property and the Vendor agrees to execute and deliver such necessary authorizations as the Purchaser may reasonably require in this regard but any such authorization shall specifically prohibit the right of or a request for 8.1'1 inspection of the Property by the Municipality or any other Aift.hority. 171 172 -22- SECTION 15 NO ASSIGNMENT ETC. 15.01 The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement, or any part of either, or register a caution in relation thereto, or direct title to the Property, without, in each instance, obtaining the prior written consent of the Vendor, which consent may be arbitrarily and unreasonably withheld. . 15.02 If the Vendor consents to an assignment of this Agreement to a third party (the "Assignee"), the Purchaser shall cause the Assignee and the Purchaser, to covenant in writing in favour of the Vendor to be jointly and severally bound by and to jointly and severally perform their respective obligations of this Agreement. The Purchaser shall not be released from its liabilities and obligations hereunder in the event of an assignment to an Assignee. 15.03 In the event of any assignment of this Agreement to an Assignee, such Assignee shall provide a similar representation, warranty and Statutory Declaration as requi'red of the Purchaser in Section ll.Ol. SECTION 16 DEVELOPMENT AGREEMENTS 16.01 The Purchaser agrees that at Closing it shall, as part of its acquisition of the Property, assume the obligations of the Vendor .regarding the Property pursuant to the Development Agreements, and it covenants to make all payments required by such Development Agreements and provide any Development Agreement Security required pursuant to any such Development Agreement, whether such security is to be lodged with an Authority or otherwise, upon the execution of any applicable Assumption Agreement with the intent that the Purchaser shall be treated equally with the other Private Landowners, except as explicitly provided in the Development Agreements . . 16.02 The Purchaser acknowledges that the Development Agreements may have been registered against title to the Property and further ackriowledges that the development of the Property is subject to the Development Agreements. 16.03' The Purchaser acknowledges and agrees that the Vendor has made payments and incurred expenses which are subject to recovery by the Vendor through the issuance of Development Charge Credits pursuant to the .terms and conditions of the Phase 1 RFEA. The Purchaser agrees that at Closing, and as a condition of Closing, that it shall reimburse the Vend or for all costs that the Vendor has incurred which would be recoverable by the Vendor in the form of Development Charge Credits to be issued pursuant to the Phase l RFEA in respect of the Lands. The Purchaser acknowledges and agrees that the Seaton Trustee shall determine the amount Development Charge Credits entitlement earned and attributable to the Lands based on the Developable Area Share of the Lands in the Seaton Community, whether or not the Lands are wiL~in the Phase l Lands, and shall take into account indexing as provided for in the Phase 1 RFEA. The payment from the Purchaser to the Vendor pursuant to this section shall be referred to herein as the "DC Credit Recovery Paymenf'. 16.04 · Tne Purchaser acknowledges that the Pickering FIA creates obligations with regard to the funding of certain infrastructure in Seaton under the jw.-isdiction of the Ciry. The Purchaser covenants and -23- agrees that it will abide by the terms and conditions of the Pickering FIA, fuid will execute any Assumption Agreement as reasonably required by the Vendor or the City. Furthermore, the Purchaser acknowledges that the infrastructure projects to be funded pursuant to the Pickering FIA are Cost Shared Services under the Seaton CSA, and the costs of which are to be cost shared pursuant to the terms of the Seaton CSA. 16.05 The Purchaser acknowledges that the Lands include Phase 1 RFEA Lands and, therefore, prior to the issuance of a building permit with respect to the development of such lands, unless otherwise provided for in a front ending agreement relating to Subsequent Phase development, the Purchaser will have to pay, in addition to any Attribution Development Charges payable with respect to the development of the Lands, the Attribution Prepayment applicable to the Property. The Phase 1 RFEA provides that Development Charge Credits earned by virtue of the payment of the Attribution Prepayment are not able to be utilized to satisfy the Attributions Development Charges payable upon the issuance of building permits for lands that are Phase 1 RFEA Lands, and further such Development Charge Credits will be administered by the Seaton Trustee. 16.06 The Purchaser acknowledges that on Closing the Purchaser will be a Provincial Successor (as such term is defined in the Seaton CSA). Furthermore, by virtue of being a Provincial Successor the Purchaser acknowledges and agrees that at Closing it .will have to make a payment to the Seaton Trustee in an amount to be determined by the Seaton Trustee pursuant to the terms of the Seaton CSA, which will bring the Purchaser into a position in which the Purchaser will have funded the costs of Regional Infrastructure pursuant to the Phase 1 RFEA on the same basis as the other Private Landowners within the Seaton Community, this payment to be referred to herein as the "Private Landowner Equivalency Payment''. 16.07 The Purchaser acknowledges and agrees that at Closing, it will make a payment to the Vendor in an amount equal to the portion of the costs incurred by the Vendor for Cost Shared Services applicable to the Lands up to the Closing Date as confirmed by the Seaton Trustee, unless otherwise provided for herein, whether on a Developable Area Share or Drainage Area share or otherwise as applicable (referred to herein as "Servicing Costs"). 16.08 The Purchaser acknowledges that the Lands include Community Use Lands and that such CommunitY Use Lands are to be transferred to an Authority or the Seaton Trustee pursuant to the terms of the Seaton CSA. The Purchaser acknowledges and agrees that it will abide by the terms of the Seaton CSA with regard to such Community Use Lands which requires that they be conveyed to an Authority or the Seaton Trustee, and further that the Assumption Agreement with regard to the Seaton CSA will specifically provide for such transfer of the Community Use Lands. 16.09 The Seaton-Durham CSA provides for the recovery of certain costs of the construction of Regional Infrastructure that relate to the over-sizing of such services for which Development Charge Credits are not available. The Purchaser acknowledges that the Vendor has not made and is not making any representations or warra11ties that any such construction costs will be recovered from the Durham Owners. 173 174 -24- SECTION 17 PREPARATION OF TRANSFER/DEED DOCUl\1ENTS AND FEES/COSTS 17.01 The Transfer/Deed of the Lands will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration ("Land Transfer Tax Affidavit"), which will be prepared by the Purchaser. 17.{!2 The Purchaser shall pay its own legal costs and registration costs. The Purchaser shall be responsible for the payment of any applicable Land Transfer Tax and registration fees and any other taxes and fees which may be payable i.n connection wiili the registration: of the transfer/deed of the Property. SECTION 18 TENl>ER 18.1}1 Any tender of money or documents pursuant to this Agreement may be rnade on the Vendor or the Purchaser or their respective solicitors. Money. must be tendered in Canadian funds . by electronic wire, bank draft or negotiable cheque certified by a Canadian chartered bank, trust company, or credit union. The Vendor and the Purchaser acknowledge and agree that insofar as the tender of any documents to be electronically registered is concerned, the tender of same will be deemed to be effective and proper when the solicitor for the party tendering has completed all steps required by. Teraview in order to complete this Transaction that can be performed or undertaken by the tendering party's solicitor without the cooperation or participation of the other party's solicitor, and specifically when the tendering party's solicitor has electronically "signed". the Transfer/Deed of Land and any other closing document, if any, to be electronically registered · for completeness and granted access to the other party's solicitors to same, but without the necessity for the tendering party's solicitor actually releasing such documents to the other party's solicitor for registration.· SECTION 19 ADJUSTM~ENTS 19.01 Adjustments benveen the Vendor and the Purchaser shall be made on the Closing Date for taxes, local improvement rates, utility costs, rents, legal costs and other matters or items which are ·· ordinarily the subject of adjustment for the purchase and sale of a property similar to the Property in the Province of Ontario. Such Adjustments shall be made on the basis that, except as may be otherwise expressly provided for in this Agreement · (a) the Vendor shall be responsible for all expenses and liabilities and e,ntitled to all income from the Property up to the Closing Date; and (b) the Purchaser shall be responsible for all expenses and liabilities and entitled to all income from the Property from and including the Closing Date. 19~62 Adjustments that cannot be determined on the Closing Date shall be determined by t.!Je parties as soon after the Closing Date as is reasonably possible. Any amounts payable by one party to the ot.her, as determined by the parties, acting reasonably, shall be paid within thirty (30) days of the request for such payment. On the Closing Date, the Vendor and the Purchaser shall excha..'1ge lh'1dertakings to re-adjust the foregoing items., if necessary. -25- 19.03 All Adjustments to be made under Section 19.01 ;;hall be completed on or before the date which is no later than six (6) months from the Closing Date and no re-adjustment may be made by either party thereafter. SECTION 20 ·ELECTRONIC REGISTRATION 20.01 Where the Property is in an area where electronic registration is mandatory and the Transaction will be completed by electronic registration pursuant to Part Ill 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 Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non-registrable documents and other closing deiiverables provided for herein and the release thereof to the Vendor and Purchaser will: (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this Transaction); and (b) be subject to conditions whereby the lawyer(s) receiving any of the closing deliverables will be required to hold same in escrow and not release same except in accordance with. t.l-Je terms of a document registration agreement betvveen the said lawyers, the form of which is as recommended from time to time by the Law Society of Upper Canada (the "Document Registration Agreement"). SECTION21 CLOSING DELIVERABLES 21.01 Subject to the provisions of this Agreement, the Vendor covenants that it shall execute or cause to be executed and shall deliver or cause to be delivered to the Purchaser or the Purchaser's solicitors. on or before the Closing Date, each of the following: (a) possession of the Property in an As Is \Vhere Is condition, subject to the Leaies, and subject to the rights of others as set out in the Permitted Encumbrances; (b) an assigp.ment of the Leases, whether complete or partial, the Development Agreements and Permitted Encumbrances, as applicable; (c) notice to the tenant( s) or licensee( s) pursuant to the Leases informing them of the sale o{ the Lands and directing them to make future rent payments to the Purchaser; . (d) an executed Tra..'lsfer/Deed of Land in registrable form duly executed by the Vendor in favour of the Purchaser (save for any Land Transfer Tax .Affidavit); (e) an undertaking to re-adjust the statement of Adjustments, if necessary, upon written demand; (f) a direction regarding the payment of funds; 175 176 -26- (g) statement of Adjustments; (h) Document Registration Agreement as set out in Schedule E; (i) the Option Agreement; ~d G) such other deeds, conveyances and other documents as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. 21.02 Subject to the provisions of this Agreement, the Purchaser covenants that it shaH execute or cause to be executed and shall deliver or cause to be delivered to the Vendor or the Vendor's Solicitors on or before the Closing Date: (a) confirmation of wire transfer for the balance of the Purchase Price and Adjustments due on the Closing Date; (b) a certified cheque, bank draft or confirmation of wire transfer for any Development Agreement Payment payable to the Vendor, including the DC Credit Recovery Payment, the Private Landowner Equivalency Payment, and Servicing Costs; (c) a certified cheque, bank draft or confirmation of wire transfer for any Development Agreement Payment payable to the applicable trustee under a Development Agreement; (d) confirmation of delivery of Development Agreement Security to any applicable authority or trustee under a Development Agreement; · (e) an undertaking to re-adjust t.'le statement of Adjustments, if necessary, upon written demand; (f) HST Declaration and Indemnity, as contemplated in Section 4,if applicable; (g) an updated Statutory De~laration in the form. set out in Schedule D is required in the event that there have been any changes to the infonnation contained in the Statutory Declaration provided to the Vendor prior to the Execution Date pursuant to Section 11.01; (h) an updated. Statutory Declaration in the fon:n set out in Schedule D is required in the event that there have been any changes to the information contained in the Statutory Declaration provided to the Vendor prior to the date of execution of this Agreement pursuant to Section 1 L 01; (i) Document Registration Agreement in the form attached as Schedule E; G) an Assumption Agreement for the Leases; (k) an Assumption Agreement for each of the Development Agreements; . (I) an Assumption Agreement for the Permitted Encumbrances, as applicable; -27- (m) a Participation Agreement in form attached hereto as schedule G; (n) a Purchaser's Indemnity and Covenant Not to Sue in the form attached hereto as schedule H ( o) the Option Agreement; and (p) such other deeds, conveyances, resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement SECTION22 NOTICE 22.01 Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine (including e-mail) addressed to the Purchaser at: The Corporation of the City ofPickering One The Esplanade Pickering Ontario, LlV 6K7 Attention: Paul Bigioni, Director; Corporate Services and City Solicitor Telephone: (905) 420--4660 ext. 2048 Email: pbigioni@pickerin2:.ca and to the Purchaser's Solicitors at: Torys LLP 79 Wellington Street West Suite 3000 Box 270, TD Centre Toronto Ontario, MSK 1 N2 Attention: Dan Ford I Andy Gibbons Telephone: (416) 865-7372/ (416) 865-8226 Email:' dfor®;torys.com I agibbons(altorys.coil} and to the Vendor at: c! o Ontario Infrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street West Suite 2000 Toronto, ON MSG 2L6 177 178 • 28- Attention: Vice President,. Sales and Acquisitions Facsimile: 416-327-3942 And: Attention: Director, Legal Services (Real Estate fuid Leasing) · 777 Bay Street,. Suite 900 Toronto, ON MSG 2C8 Facsimile: 416-326-2854 or at such other addresses as the Vendor and the Purchaser 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 emai~ 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. · SECTION 23 CONFIDENTIALITY" 23.01 The Vendor and Purchaser'agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The parties acknowledge that this Agreement and any information or documents that are provided hereunder may be released pursuant to the applicable provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F .31, as a...rnended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended and Open Data may be released pursuant to the Open Data Directive. 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. 23.02 The Purchaser agrees to ensure that the Purchaser, its officers, employees; agents and sub- contractors shall, subject to Section 23.01, maintain the confidentiality and security of all materials and information which is the property of the Vendor and in the possession or under the controi of the Purchaser pursuant to this Agreement. The Plirchaser agrees to ensure that the Purchaser, its officers, employees, agents and sub-contractors shall not directly. or indirectly disclose or use, either during or following the term of this Agreement, except where required by ·law, any material or information belonging to the Vendor pursuant to this Agreement, without first obtaining the prior \Vritten consent of the Vendor for such disclosure or use and in the event of termination of this Agreement, the Purchaser 'v.rill be responsible for returning all such documentation and information to the Vendor without,ma.YJng copies. -29- SECTION24 . GENERAL 24.01 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 cir abridged by an agreement in writing, signed by the Vendor and the Purchaser or by an agreement betWeen their respective solicitors who are hereby expressly authorized in this regard. If anything in this Agreement is to be done on a day which is not a Business Day, the same shall be done on the next succeeding Business Day. 24.02 This Agreement shall be binding upon, and enure to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement shall not merge on the completiort of this Transaction, but shall survive completion and remain in full force and effect and be binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 24.03 \Vhenever 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 ifthe context so requires. 24.04 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property, except as specifically set forth in this Agreement. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. 24.05 This Agreement and the rights and obligations of the Vendor and the Purchaser shall be deteri:nined in accordance with the laws of the "f:rovince of Ontario. 24.06 Wnerever this Agreement makes -reference to a requirement for the consent or approval of the Vendor, such consent must be prior written consent and may be arbitrarily and unreasonably withheld in the sole and absolute discretion of the Vendor. 24JJ7 No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall any waiver constitute a continuing waiver unless otherwise expressed or provided. 24.08 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. 24.119 Each of the parties hereto shall from time to time hereafter and upon any reasonable request of the other and in such form as may be satisfactory to both parties hereunder, execute and deliver, make or cause to be made all such further acts, deeds, assurances and t.\ings as may be required or necessary to more effectualiy implement and carry out the true h1tent and meaning of this Agreement 179 180 -30- SECTION25 ~VOCABLE PERIOD · 25.01 Signature of this Agreement by. the Purchaser and the submission thereof to the Vendor constitutes a11 offer under seal, which is irrevocable for ninety (90) days from the date it is submitted to the Vendor and open for acceptance by the Vendor during said ninety (90) day period, subject to an extension for a further period up to sixty (60) days at the sole discretion of the Vendor. This offer, once accepted on the Execution Date, constitutes a bLDding contract of purchase and sale. This offer may be made and accepted by electronic transmission, including electronic signature provided that the original hard copy, with original signatures is received by both parties within seven (7) days of the electronic acceptance. The Purchaser, in submitting this offer, ack.'1owledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms a.11d conditions in this offer are or will be acceptable to the Vendor. [no further text on this page] -32- By: ----------------~~--~-----Name: Title:· Authorizing Signing Officer 182 SCHEDULE A-1 LEGAL DESCRIPTION OF LAI\"'DS PART OF LOTS 23 MTD 24 CONCESSION 5; CITY OF PICKERING, beine: Part ofPJN" 26402- 0077(LT) .A.PS Template-Seaton -Bundle 6 183 SC:HEDULEB PEID~EDENCUMBRANCES (a) General Encumbrances: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) the Leases, if any, (for greater certainty including expired leases registered against title to the Lands) and any notices of such leases registered on title to the Lands, including all easements, rights of way, restrictions, restrictive covenants, servitudes and other similar rights in land contained in the Leases, which exist as of the Closing Date and any leasehold mortgages or security interests relating to tenants or the tenants' interest in respect thereof and which do not encumber the . interest of the landlord thereunder; 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 Property or for construction in connection with the Property for amounts the payment of which is not yet due or delinquent; · any easements, rights of way, restrictions, building schemes, licences, restrictive covenants and servitudes, rights of access or use; 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) gr.anted to, reserved or taken by any person which do not, in the aggregate, materially and adversely impair the use or marketability of any of the Property for the purposes for which it is presently held, and any rights reserved or vested in any Aut.hority 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; title defects or irregularities which do not, in the aggregate, materially and adversely impair the use of the Property for the purpose for which it is presently held; any cost sharing, common use, reciprocal or other similar.agreements relating to the use and/or operation of the Property and!or adjoining properties provided the same are complied with in all material respects and all security given by the · parties thereto to each other to secure their respective obligations thereunder; any subsisting reservations, limitations, provisos, conditions or exceptions, including royalties, contained in the original grant of the Property from the Crown; any rights of expropriation, access or use, or any other right conferred or reserved by or in any statute of Cfu>.ada or the Province of Ontario; the provisions of all applicable laws including by-laws, regulations, ordinances, la_Dd use contracts, development agreements and similar hrsiruments relatD.xg ("Y\ithout limitation) to development, use and zonL.1g; 185 186 (ix) encroachments by any improvements on the Property over adjoining lands and ·easements or rights of way and/or any improvements on adjoining lands encroaching on the Property which do not materially and adversely affect the present use of the Property; (x) all registered and unregistered agreements, easf?ments, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Lands; and (xi) any encroachments that are shown on existing surveys or as may be revealed by an up-to-date survey. (b) Specific Encumbrances: All instruments registered on title to the Property as of the Closing Date, including but not limited to: 1. Notice of the Phase 1 RFEA; 2. Notice of the Pickering FIA; 3. Notice oftbe Seaton CSA; 4. Notice ofthe Seaton-Durham CSA. SCHEDULEC PROPERTY DOCUl\1ENTS [Note: Vendor to provide within five (5) days of Execution Date in accordance with Section 5.05.] 187 188 SCHEDULED STATUTORY DECLARATION IN THE MA TIER OF THE TITLE TO<> Province of Ontario ) ) ) ) ) ) ) ) ) ) ) ) ) ) AND IN THE MA TIER OF A SALE THEREOF from HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESEhTTED BY THE MThTISTER OF INFR.A .. STRUCTURE (the "Vendor") to THE CORPORA.. TION OF THE CITY OF PICKERING (the "Purchaser") TO V/IT: I, , of the , in the Province of Ontario, · ------------------------------- DO SOLEivfNLY DECLARE, that: 1.. I .lli'Il the __________ {title} of the Purchaser and as such have bowl edge of the matters hereinafter declared. 2. The Purchaser and Ontario Infrastructure and Lands Corporation ("OILC") are arm's length parties and the Purchaser has received no special knowledge nor special consideration in entering into the ··above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not · arm's length parties. 3.. The Purchaser and the Vendor are arm's length parties and the Purchaser has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arm's length parties. 4. Except as expressly set out in Schedule A to this Declaration: (a) there are no outstanding legal disputes or actions between the Vendor and Purchaser; (b) the Purchaser is not in conflict with OILC with respect to the above transaction; and (c) the Purchaser is not in conflict with the Vendor with respect to the above transaction. AND I make this solemn Declaration conscientiousiy believing it to be true, and knowing that it is of the same force and effect as if made under oath and by viro..Je ofthe Canada Evidence Act .. DECLARED by fue above-named Declarant, before me at the ____ of ___ _____,. this day of , , 201_. A Commissioner, etc. ) ) ) ) ________________ _ ) ) ) 189 190 SCHEDULEE DOCUMENT REGISTRATION AGREEl\1El'fi' DOCUMEI\'T REGISTRATION AGREEMENT BETWEEN:- (hereinafter r~ferred to as the "Vendor's Solicitor") AND: (hereinafter referred to as the "Purchaser's Solicitor") RE: Her Majesty the Queen in right of Ontario as represented by the Minister oflnfrastructure (the."Vendor") sale to<> (the "Purchaser") of the property legally described as<>, City of<>, being the whole ofPIN <>(L T) (the "Property" pursuant to an Agreement of Purchase and Sale bet-ween the Purchaser, as purchaser, and the Vendor, as vendor, dated<> and accepted<> (the "Purchase Agreement';), Scheduled to be completed -on<> (the "Closing Date") Holding DeOveries In Escrow Advising of Concerns wtth Deliveries FOR GOOD l-...ND Vi .. .LU.i\BLE CONSIDERATION (the receipt and sufficiency of which is hereby expressly acbrowledged), the parties hereto hereby undertake a.11d agree as follows: l. The Vendor's Solicitor and the Purchaser's Solicitor shall hold all funds, keys and closing documentation exchanged between them (the "Requisite Deliveries") in escrow, and shall not release or othemise deal with same except in accordance with the terms of this Agreement. Both the Vendor's Solicitor and the Purchaser's Solicitor have been authorized by their respective clients to enter into this Agreement Once the Requisite Deliveries can be released in accordance with the terms of this Agreement, any monies representing payout funds for mortgages to be discharged shall be forwarded promptly to the appropriate mortgage lender.1 2. Each of the parties hereto. shall notify the other as soon as reasonably possible following their respective receipt of the Requisite Deliveries (as applicable) of any defect(s) with respect to· same. 'Solicitors should continue to refer to the Law Society ofUpper Car1ada pra::tice guidelines relating to recommended procedures to foliow far the· dj:scharge of mortgage£. Selecting Solicitor Responsible for Registration Responsibility of Non-Registering Softcilor Responsibfiity of Registering So!icllor Release of Requisite Deliveries by Non- Registering Solicitor Returning , Deliveries wnere Non-registration Counterparts & Gender 3, The Purchaser's Solicitor shall be responsible for the registration of the Electronic Documents (as hereinafter defined) unless the box set out below indicating that the Vendor's Solicitor will be responsible for such registration has been checked, For the purposes of this Agreement, the solicitor responsible for such registration shall be referred to as the "Registering Solicitor" and the other solicitor shall be referred to as the "Non-Registering Solicitor'"': Vendor's Solicitor will be registering the Electronic Documents D 4. The Non-Registering Solicitor shall, upon his/her receipt and approval of the Requisite Deliveries (as applicable), electronically release for registration the Electronic Documents and shall thereafter be entitled to release the Requisite Deliveries from escrow forthwith following the earlier of. a) the registration of the Electronic Documents; b) the closing time specified in the Purchase Agreement unless a specific time bas been inserted as follows a..m./p.m, on the Closing Date) (the '"Release Deadline"), and provided that notice under paragraph 7 below has not been received; or c) receipt of notification from the Registering Sol[citor of the registrat[on of the Electronic Documents. If the Purchase Agreement does not specify a closing time and a Release Deadline has not been specifically inserted the Release Deadline shall be 6_00 p.m. on the Closing Date. 5. The Registering Solicitor shall, subject to paragraph 7 below, on the Closing Date, following his/her receipt and approval of the Requisite Deliveries (as applicable;), register the documents listed in Schedule A annexed hereto (referred to in this agreement as the "Electronic Documents") in the stated order of priority therein set ou~ as soon as reasonably p<;~ssible once same have been released for registration by the Non-Registering Solicitor, and immediately thereafter notify the Non-Registering Solicitor of the registration particulars thereof by telephone or telefax (or other method as agreed between l~e parties). 6 Upon registration of the Electronic Documents and riotification of the Non-Registering solicitor in accordance with paragraph 5 above, the Non-Registering Solicitor shall be entitled to forthwith release the Requisite Deliveries from escrow. 7. Any of the parties hereto may notify the other party that be/she does not wish to proceed with the registral:ion2 of the Electronic Documents, and provided that such notice is received by the other party before the release of the Requisite Deliveries pursua.11t to this Agreement and before the registration of the Electronic Documents, then each of the parties hereto shall forthwith return to the other party their respective Requisite Deliveries. 8. This agreement may be signed in counterpaxts, and shali be read with all changes of gender and/or number as may be required by the context. 2 For the purpose ofthts Agreement, the term ~registration~ shall mean the issuance of registration numbcr(s) in respect of the Electronic Documents by the appropriate Land Regisrry Office. 1 91 192 Purchase Agreement Prevails if .Conllictor Inconsistency Te!efaxing Deliveries & Providing .Originals if Requested 9. Nothing contained in this agreement shall be read or construed as altering the. respective rights fu'1d obligations of the Purchaser and the Vendor as more particularly set out in the Purchase Agreement, and i.J.l. the event of lhl.Y corrflict or inconsistency between the provisions of this agreement and the Purchase Agreement, then the latter shall prevaiL 10. This agreement (or any counterpart hereof), and any of the closing documents hereinbefore contemplated, may be exchanged by telefax or similar system reproducing the original, provided that all such documents have been properly executed by the appropriate parties. The party transmitting any such docurnent(s) shall also provide the original executed version(s) of saroe to the recipient within 2 business days after the Closing Date, unless the recipient has indicated that be/she does not require such original copies. Dated this ___ day of<>, 201. Dated this __ day of <>, 201 Naroe!Firm Name of Vendor's Solicitor Name/Firm Naroe of Purchaser's Soiicitor (Signature) (Signature) Nate: This version of the Document Registration Agreement was adopted by the Joint LSUC-CBAO Committee on Electronic Registration of Title Documents on March 29, 2004 and posted to the web site on April 3, 2004. Schedule "A" 1. Transfer from <> to <>. SCHEDULE F ACKNOV/LEDGEJYtENT AND INDEM.NITY The Purchaser hereby acknowledges that all representations, warranties and covenants provided for in Section 11 of the Agreement of Purchase and Sale executed on the of 20 , shall survive closing for a period of two (2) years and further agrees to indemnify the Vendor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom the Vendor 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: Witness: Name: 38~!97-2001 2373 Hi39.3 ) ) ) ) ) ) ) ) ) Name: ) Position: ) Title: SCHEDULEG P_t.RTICIPATION AGREEJ\ffiNT 1 93 194 -2- BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE -and- . THE CORPORATION OF THE CITY OF PICKERING RECITALS: A. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Infrastructure (the "Owner") is the owner in 'fee simple of the land described at in Schedule "A"O to this Agreement (the "Property"). B. The Ovmer and Ontario Infrastructure and Lands Corporation ("OILC") col1.fL.-m that OILC is the designated agent of the Ovmer and has the authority to exercise all rights of the JVJinister of Infrastructure pursuant to sections 7 and 9 of the Ministry of Infrastructure Act, S.O. 2011, c. 9, Sched 27, and the express written delegation from the Ovmer, dated June.6, 2011, and that both the OV~rner and OILC are and shall be bound by all the Vendor's covenants, representations and warranties as provided herein. C. The Corporation of the City of Pickering (the "City") is the proposed transferee of the Property. NOW THEREFORE in consideration. of the mutual covenants hereinafter set forth, the transfer of the Property from OILC to the City and other good and valuable consideration, the parties hereto agree as follows: Definitions: "'Base Ammrnf' means [1\T'fD-insert Purchase Price to be paid by the City]. "Profit" means the amowrt by which the Sale Price exceeds the Base i\Inount. ""Sale Price" means the value, in lawful money of Canada, of all consideration and benefit paid or agreed to be paid for the Property by a bona fide purchaser dealing at arm's leng'"t.h v;,rith the City, including the value of any encmnbrances or mortgages assumed by the purchaser or taken back as p&-t of the consideration for such sale transaction, less the aggregate ofthe following: 3899i-20[l] 23731639.3 -3- (a) the cumulative total of any and all capital improvements to the Property (as determined in accordance with generally accepted accounting principles) made to the Property from atJ.d after the Date of Closing; (b) any real estate commission payable by the City in disposing of the Property to such a bona fide purchaser in an amount not to exceed the then current industry practice; and (c) reasonable transaction expenses, including, but not limited to, all marketing expenses, all taxes paid by the City with respect to the Property which have not been recovered in full by the City prior to the subsequent sale (including, but not limited to, land transfer tax paid by the City), legal and accounting fees payable by the City in disposing of the Property. "'Term" means the period commencing on the Closing Date and expiring on the earlier of (i) the date which is five (5) years following the Closing Date; and (ii) the date on which title to the Property is transferred to a bona fide purchaser dealing at · arm's leng'"th with the City. (1) It is the express intention of OILC and the City that that there shall be no speculation with respect to all or any portion of the Property during the Term. In the event of a bona fide arm's leng'"th sale of all or any portion of the Property by the City at any time during the Term then 100% of any Profit (as defrned below) shall be paid to OILC and the amount of such Profit shall be a charge on the Property in favour of OILC until paid. Should the City enter into an agreement to sell the Property during the Term it shall give OILC written notice of same as soon as reasonably possible after such agreement is entered into. (2) Within 30 days following the Closing Date, the City will register in the appropriate land registry office, a Notice of this Participation Agreement on title to the Lands. (3) Any notice under this Agreement is sufficiently given if delivered personally orif sent by ordinary mail or prepaid courier or electronic facsimile machine to the addresses as follows: · Address of the City: Tne Corporation of the City ofPickeri..ng One The Esplanade }g991-2001 13731639.3 1 95 196 Pickering Ontario, Ll V 6K7 Attention: Paul Bigioni, Director, Corporate Services and City Solicitor Telephone: (905) 420-4660 ext. 2048 Email: pbigioni@pickering.ca and to the Purchaser's Solicitors at: Torys LLP 79 Wellington Street West Suite 3000 Box 270, TD Centre Toronto Ontario, M5K 1N2 Attention: Dan Ford I Andy Gibbons Telephone: (416) 865-7372 I (416) 865-8226 Email: dford@torys.com I agibbons@torys.com and to OILC at: c/o . Ontario Infrastructure and Lands Corporation Sales & Acquisitions 1 Dundas Street West, Suite 2000 Toronto, Ontario MSG 1L5 Attention: Vice President, Sales and Acquisitions Facsimile: (416) 327-3942 and to OILC's Legal Counsel at: Attention: General Counsel and Corporate Secretary Facsimile: (416). 327-2760 · or at such other addresses as OILC or the City 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, ifmailed, three (3) Business Days aL~er the same is mailed. Any party may, at any time by notice given in writing to the other pa1iy, change the address for service of notice on it. ( 4) The City acknowledges that the provisions of this Agreement run with title to the Property, and the City covenants not to sell, transfer or otherwise alienate the Property or any pa.rt thereof to any affiliated entity unless such transferee agrees to be bound by the terms of this Agreement. 3R5'9i-2001 23731£39.3 -5- (5) OILC agrees that if the City sells the Property to a bona fide purchaser for value during the Term (a "Sale"), then OILC will discharge the notice of this Agreement from title to the Property within seven (7) days of either (i) receipt by OILC of any Profit pursuant to Section (1) hereof; or (ii) the date of Sale in the event that no Profit is ovving to OILC. ( 6) This Agreement may be executed and delivered in counterparts and any such counterpart may be delivered in its original form or by facsimile or other electronic transmission and each of which when so executed and delivered shall be deemed to be an original and such counterparts together shall constitute one and the same Agreement. (7) This Agreement shall be construed and enforced in accordance v.rith 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. (8) This Agreement shall be binding upon, and endure to the benefit of, OILC and the City and their respective successors and permitted assigns. DATED this day of DATED tt1.is day of 3!l997-200l :::3731639.3 '2017. THE CORPORATION OF THE CITY OF PICKERING Per: --------------------------------~ Name: Title: Per: ------------------------~--------Name: Title: IJW e have the authority to bind the Corporation '2017. ONTARIO ThTFRASTRUCTURE ANu LAI'i"'DS CORPOR.4-.TION acting as agent on behalf of HER rY.L4.JESTY THE QUEEN IN RIGHT OF 01\'TARIO AS REPRESE-NTED BY THE MINISTER OF Th"FR..4.STRU CTIJRE Per: -----------------------------------Name: Title: 197 -6- Per: ----------------------------------------Name: Title: I!W e have the authority to bind the Corporation 38997-2001 23731639.3 198 -7- Schedule "A" . 3 8'997 ~2001 237310:39.3 199 200 -8- SCHEDULER PURCHASER'S ENVIRONM:ENT P..L INDEI\1NITY AND COVENANT NOT TO SUE TO: Her Majesty the Queen in right of Ontario as represented by the Minister Infrastructure (the "'Vendor"') AN""DTO: <<Purchaser's Solicitor Name. and/or Law Finn Name>>, its solicitors RE: <<Purchaser(s) Name>> (the "Purchaser") purchase from the Vendor of the property legally described as <<Legal' Description>>, being <<the whole OR part>> ofPIN <<Enter PIN>> (LT) (the "Property") pursuant to an Agreement of Purchase and Sale between the Purchaser, as purchaser, and the Vendor, as vendor, accepted <<Date IO Accepted Offer>>, as may be an'lended from time to time (the "Purchase Agreement") In consideration t.l1e closing of the Transaction and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged: l. The Purchaser agrees to accept, assume and take title the Property and any improvement thereon in an «As Is 'Where Is" condition in accordance with section 5 of the Purchase Agreement. 2. The Purchaser acknpwledges and hereby agrees to indemnify, defend and save harmless the Vendor and its employees, directors, officers, appointees atJ.d agents from, any at!d all costs (including legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgments, awards (including awards of costs) and liabilities (including sums paid in settlement of claims), that may arise as a result of the condition of the Property, the presence of Hazardous Substances or Contaminants in, on or under the Lands, the Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from the Property), any order issued by any Authority in connection with the conditiorr of the Property, or any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Property including, without limitation, non-compliance with Environmental Law or the existence of any Hazardous Substance or Contaminant. Wit.~out limiting the generality of the foregoing, this indemnification shall specifically cover costs incu,.'Ted, from and after the Clo;;ing Date, in connection with any claim for personal injury a..'1d/or death, property damage, investigation of site conditions and/or any clean-up, remedial, remova~ monitoring or restoration work required by any federal, provincial~ or local government agency or political subdivision because of the presence of Hazardous Substances, in, on or under the Lands, the Buildings or any environmental medium, structure or paved surface or emanating therefrom, · 3. Tne Purchaser covenants and agn~~es that, effective as of the Closing Date~ the Purchaser forever releases and covenants not to sue ·the Vendor and its employees, directors, officers, appointees and agents with respect to anything arisL.'1g out of the environmental or any other condition of the Property or the presence of H"~7Zrdous Substances or Contaminants in, on, under, or emanating from or onto the Property, regardless of whether such envi:ron.mental conditions or the presence of Fl,azardous Substances or 3899?-2001 237316393 ·. -g- Contaminants is known or unknown by the Purchaser and regardless of whether such condition is set forth in the Property Documents, the Purchaser's Repprts or any other report, document or information discovered during the course of the Purchaser's due diligence or otherwise. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for personal injury or death, property damage, statutory claims utl.der Environmental Laws · and claims for contribution. 4. This IndemnitY shall not merge but shall survive the Date of Closing and shail be continuing obligation of the Purchaser. 5. Unless otherwise defined herein, all capitalized terms used herein have the meaning ascribed to them in the Purchase Agreement. 6. The provisions of this Purchaser's Environmental Indemnity and Covenant Not to Sue shall enure to the benefit of the Vendor and its successors and assigns and shall be bindil1g upon the Purchaser and its successors and permitted assigns~ DATED as ofthe ____ day of<<Jvfonth>>, <<Year>>. ~997-200123731639.3 <<PURCHASER(S) NAME>> Per: Per:· Name: <<Individual Signing Documents for Corporation>> Title: <<Title>> ~~----~~~~~~~=------~---------Name: <<Individual Signing Documents for Corporation, ifthere is a second person>> Title: <<Title>> I!We have the authority to bind the Corporation. 201 SCHEDULE I FORM OF OPTION AGREEME~"T See attached. 38997-2001 2.3731639.3 202 OPTION AGREEMENT This Option Agreement (this "Agreement") dated 2017 (the 1/Effective Date") betvveen Her Majesty the Queen in Right of Ontario as represented by the (t1:1e "Grantee"). RECITALS: A. Grantor and OILC hereby confirm that OILC is the designated agent of the Grantor. B. The Grantee has agreed, pursuant to the ten:ns of an agreement of purchase and sale between the Grantor and the Grantee dated the __ day of _____ ___, 2017 (me "APS"), to acquire all of me right, title and interest of the Grantor in certain real property comprising 28 acres of land more or less (the "Real Property Acquisition"). C. In order to induce me parties to enter the APS: (i) the Grantor has agreed to grant to ilie Grantee an irrevocable option to purchase one or mo~e Option Parcels pursuant to me ten:ns and conditions of this Agreement. D. The Grantor oV>'IlS me Option Parcels. E. It is a condition of t."-e Real Property Acquisition that the f'arties hereto enter into, among other documents, this Agreement. F. This Agreement contemplates a trfu<saction or a series of transaction:s in which the Grantee shall have an irrevocable right but not an obligation to puru.'-lase, and upon me exercise of the option contemplated herein, the Grantor shall have the obligation to sell one or more of the Option Parcels at the Exercise Price for each such Option Parcel, subject to me terms and conditions set forth herein. NOW THEREFORE in consideration of the foregoing premises and other good and valuable consideration (the receipt and sufficie._Tlcy of which is hereby acknowledged) the parties hereto agree as follows: 1) INTERPRETATION a) Defined Terms. i) "APS" has me meaning given to such term at Recital A hereof. ii) "Buildings" means all plants, buildings, structures, erections, ii::nprovements EL.'td appurtena.Ilces situate on the Lands. 38997-20()! 237316~9 .3 203 204 ili) "Business Day" means any day of the year, other than a Saturday, Sunday or any day on which major banks are closed for business :in Toronto, Ontario. iv) "Exercise Date" means the date upon which the Grantor delivers an Exercise Notice for any one or more of the Option Parcels. v) "Exercise Notice" has the meaning given to such term at Section 3)a). vi) "Exercise Price" has the meaning given to such term at Section 2)c). vii) "Governmental Entity" means:(i) any :international, multinational, national, federal, provincial, state, county, municipal, local or other governmental or public department, central bank, court, minister, governor-in-council, cabinet, commission, board, bureau, agency, co:r:iunissioner, tribunal or instrumentality, domestic or foreign, (ii) any subdivision or authority of any of the above, (jji) any stock exchange or (iv) any quasi-governmental or private body exercising any regulatory, expropriation or taxing authority under or for the account o£ any of the above. viii) "Law(s)" means any and all applicable: (i) laws, constit11tions, treaties, statutes, codes, ordinances, orders, decrees, rules, regulations and by-laws; ru.1.d (ii)judgments, orders, writs, irgunctions, decisions, awards and directives o£ any Governmental Entity. ix) "OILC" means Ontario Infrastructure and Lands Corporation.· x) "Open Data" means data that is required to be released to the public pursuant to the Open Data Directive. xi) "Open Data Directive" means the Management Board of Cabinet's Open Data Directive, updated on April29, 2016, as same may be amended from time to time. xii) "Optio:tt'' has the meaning given to such term at Section2)a). xiii) . "Option Parcels" meru.tS each of the separate parcels of land shown :in the -. sketch attached as Schedule" A", and an "Option Parcel" is a...n.y one of the Option Parcels. xiv) 110ption Term" means the period of time during whic..h the Grantee may exercise the Option, ao."'l.d commences on the Effective Date a...n.d ends on May 31,2018. xv) "Person" means a nattrral person, partnership, l:inoited pa.c-tnership, limited liability partnership, corporation, limited liability compru.1.y, un.l.imited liability compru.cy1 joir,t stock company, trust, wlillcorporated association/ joint ve.c1.ture or other entity or Governmental R."'l.tity, ru.1.d pronouns have a sin;ilarly extended meaning. 3R?!n-zooJ 2373lE39.3 xvi) "RealPropertyrr means, collectively, the Lands and any Buildings situated thereon. xvii) 11Real Property Acquisitionrr has the meaning given to such term at Recital B hereof. b) · -Gender and Number. Any reference in this Agreement to gender includes all genders. Words importing the singular number orJy shall include the plural and vice versa. c) Headings, etc. The division of this Agreement into Articles and Sections and the insertion of headings are for convenience of reference only and are not to affect its interpretation. Unless otherwise specified, the words "Article" and "Section" followed by a number mean and refer to the specified Article or Section of this Agreement; d) Currency. All references in this Agreement to dollars or to $ are expressed in Canadian currency unless othenvise specifically indicated. e) Certain Phrases! etc. In this Agreement (i) the words "including", "includes" and "include" mean "including (or includes or D."1clude) without limitation", and (ii) the phrase "the aggregate of", "the total of', "the sum of', or a phrase of similar meaning means "the aggregate (or total or sum), without duplication, of'. In the computation of periods of time from a specified date to a later specified date, unless otherwise expressly stated, the word "from" means "from and including" and the words "to" and "until" each mean "to but excluding". f) Recitals The Recitals on page 1 of this Option Agreement are true and accurate and form a part hereof. g) Schedules and Exhibits. The Schedules and Exhibits attached to this Agreement form an integral part of this Agreement for all purposes of it. h) References to Persons . .A--'-'Y reference in. this Agreement to a Person includes its heirs, adrrrinistrators, exec-utors, 1egal representatives, successors (including successors by amalg-amation) a_rtd permitted assie:ns. v • u 3E99'7-20012373l639.3 205 206 i) Statutes. Except as otherwise provided in this Agreement, any reference in this Agreement to a statute refers to such statute and all rules and regulations made under it, as it or they may have been or may from time to time be amended, re-enacted or replaced. j) Non-Business Days. -whenever payments are to be made or an action is to be taken on a day which is not a Business Day, such payment vvill be made or such action will be taken on or · not later than .the next succeeding Business Day. 2) GRANT OF OPTION a) Grant of Option. The Grantor hereby grants to the Grantee an irrevocable option to purchase (me "Option") any one or more of the Option Parcels, and upon exercise of the Option, the Grantee and the Grantor shall have the obligation to promptly enter :into an agreement of purchase and sale (each such agreement being, a "Subseque:r;r.t Purclmse Agreement") substantially ill the form of the APS, mutatis mutandis, with such other modifications, changes, and inclusion of information as agreed to by the parties hereto acting reasonably and ill good faith. b) Option Term. The Option shall be open for exerdse pursuant to the terms hereof at any time and from time to time, durillg the Option Term. For greater certainty, should the Grantee exercise an Option for an Option Parcel, or some Option Parcels but not all Option Parcels, the Option shall remaill open during the Option Term for me rema:ining Option Parcels durillg the Option Term. c) Exercise Price. The purchase price for any Option Parcel or Option Parcels pursuant to an Exercise Notice (the "Exercise Price") shall be determined by the ~,Grantor ru.'"ld L.'l-te Grantee acting reasonably within 20 ,Business Days of the Exercise Date for an Exercise Notice. If the Grantor and Grantee are not able to · agree on a purchase price for an Option Parcel or Option Parcels then the Exercise Notice delivered Vvith regards to such Option Parcel or Option Parcels shall be deemed to be void. d) Extension of Option Term. The Grantee may give a notice in VvTitLn.g to the Grantor that it wishes to extend the Option Term, provided that such notice is delivered withln the 60 day period prior to the expiry of the Option Term. If the Grru'ltee delivers such notice 'Within such 60 day time period then the Option Term shall be extended for ftrr'-iller six month.s to November 30, 2018. 3) EXERCISE OF OPTION 3&997-2001 23731639.3 a) Exercise Procedure. The Grantee may exercise the Option by giving vv-ritten notice thereof to the Grantor (the "Exercise Notice") at any time during the OptionTerm. The Exercise Notice shall be delivered to the Grantor's address as included herein as amended from time to time, which Exercise Notice will (a) clearly identify which of the Option Parcels the Grai<tee intends to purchase pursuant to the terms hereof and the Grantee's proposed Exercise Price; and (b) contain a form of Subsequent Purchase Agreement (together with a blackline showing all changes made against the form of APS) for review by the Grantor. b) Subsequent Purchase Agreement Execution. As promptly as practicable after the Exercise Date for any Option Parcel or Option Parcels, the Grantor and the Grantee shall execute a Subsequent Purchase Agreement, but in no event later than 30 days after the date that the Grantor and the Grantee agree upon an Exercise Price pursuant to Section 2)c), or such other time as the Grantee and Grantor shall mutually agree. c) Negotiation of the Subsequent Purchase Agreement. The parties hereto agree to diligently and in good faith work to finalize any Subsequent Purchase Agreement, including all schedules thereto, \'Vi thin the period specified at Section 3)b) hereof. d) Subsequent Purchase Agreement Closing. The closing of a trfutsaction contemplated by a Subsequent Purchase Agreement shall be held at a time and at a place as defined by such Subsequent Purchase Agreement (a "Subsequent Closing"). 4) CONDITIONS PRECEDENT a) The Grantor shall· be required to sell the Option Parcels to the Grantee to the extent each of the follo1Ving conditions precedent have been satisfied, or waived by the Grantor, prior to the date of a Subsequent Closing: (i) Approvals: The Grantor shall have obtained all required approvals to trfutSfer the Option Parcel or Option Parcels for which an Exercise Notice was delivered; and (ii) Compliance: The Grantee shall have complied with all material covenants set forth in this Agreement. 5) COVENA_NTS AND APPROVALS a) Du_ring the Option Term and through to a Subsequent Closing, the Grantor shall: 38997-2001 23731639.3 (i) have all rights, duties and obligations with respect to the Option Parcels; (ii) not sell/ transfer or othenvise dispose of, the Option Parcels; and 207 208 (ili) not grant ruty easements, rights-of-way, options to purchase, options to lease, leases, mortgages, charges or other encumbrances with respect to the Option Parcels. 6) FIPPA and OPEN DATA DIRECTIVE a) The Grantor and the Grantee agree to take all necessary precautions to maintain the confidentiality o£ the terms and conditions contained herein. The Grantee acknowl~dges 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 Infonnation and Protection of Privacy Act, RS.O. 1990, c. F.31, as amended or the Mun£cipal Freedom ofinfannation and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended and Open Data ma:y be released pursuant to the Open Data Directive. 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. 7) ADDITIONAL PROVISIONS a) Transaction Costs. Each of the Grantee rui.d the Grantor shall pay all of its own costs rui.d expenses (including legal fees and accountants' fees rui.d ott"ler accOlmting costs and expenses) i.ncurred in connection with t."IU.s Agreement. b) Entire Agreement. This Agreement and the APS represent the entire understanding and agreement among the parties hereto Vvith respect to the subject matter hereof and supersede all other negotiations, understandings and representations (if any) made by and among such parties. c) Amendments. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by each of the parties hereto. d) Assignments. No party hereto shall assign its rights and/or obligations hereunder without the prior written consent of the other parties hereto. e) Registration. The Grantee shall notbe entitled toregister this Agreement against title to the Option Parcels. £) Binding Effect .A..ll of the te..rms and provisions of this Agreement, whether so e\.'Pressed or not, shall be binding upon, i.nure to the benefit of and be enforceable by the parties hereto and their respective heirs, administrators, executors, successors and peiiPitted assigns (as the case may be). g) Further Assurances. .till parties hereto will use all reasonable efforts to take or . cause to be taken all action and to do or cause to be done all thi.t.t.gs necessa...)', proper or adv-isable to consurrm:mte and make effective this Agreement and shall 38997-2001 23731639.3 from time to time execute and deliver all such further documents and instruments and give such further assurances as may be necessary or appropriate in connection with performing its obligations under this Agreement. h) Headings. The headings contained in this Agreement are for conve...rrience of reference oPly1 are not to be considered a part hereof and shall not limit or othervv-ise affect in any way the meaning or interpretation of this Agreement. Notices . .AJl notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice): (i) hand delivered by messenger or courier service, (ii) delivered by express courier service (e.g., express post)1 (iii) mailed by registered mail/ return receipt requested, addressed as follows, with in each case a scanned pdf copy to be emailed: The Corporation of the City of Pickering· One The Esplanade Pickering, Ontario, L1 V 6K7 Attention: Paul Bigioni, Director, Corporate Services and City Solicitor Telephone: (905) 420-4660 ext. 2048 -Email: p_hlg:ioni®pickermg.ca and to the Grantee's Solicitors at: Torys LLP 79 Wellington Street West1 Suite 3000 Box 270, TD Centre Toronto/ Ontario, M5K 1N2 Attention: Dan Ford I Andy Gibbons Telephone: (416) 865-7372 I (416) 865-8226 Email: dford@torys.com / agibbort?@torys.com and to the Grantor at: c/o Ontario L"Lfrastructure and Lands Corporation Sales and Acquisitions 1 Dundas Street '\Vest, Suite 2000 Toronto, ON MSG 2L6 Attention: Vice President, Sales ru..._d Acquisitions Facs:i:rrrile: 416--327 -39ri? and: Attention: Director, Legal Services (Re"' 1 Estate ru..._d Leasing) 38997-200i 23731639.3 209 210 777 Bay Street, Suite 900 Toronto, ON MSG 2C8 Facsllnile: 416-326-2854 j) Time of the Essence. Time is of the essence in this Agreement k) Governing Law. This Agreement is governed by and will be interpreted and construed in accordance with the laws of the Province of Ontano and the federal laws of Canada applicable therein. 1) Counterparts. This Agreement may be executed ill any number of counterparts, each of which is deemed to be an originaL and such counterpartS together constitute one and the same instrument Transmission of an executed signature page by facsimile, email or other electronic means is as effective as a manually executed counterpart of -G'Us Agreement. [Remainder of page intentionally left blank. Signature pages follow.] 38997-20[)1 23731639.3 IN WITNESS WB:EREOF, the parties have caused this Agreement to be duly executed by their representatives thereunto duly authorized as oftbe day and year first above \Vritten. THE CORPORATION OF THE CITY OF HER MAJESTY THE QUEEN IN PICKERING By: Name: Title: Name: Title: I/we have the authority to bind. 38997-2001 23731639.3 RIGHT OF ONTARIO as represented by Tii"-E MINISTER OF Th.TFRASTRUCTURE as represented by ONTARIO INFRASTRUCTURE AND LANDS CORPORATION By: Name: Title: Name: Title: I/we have the authority to bind. 211