HomeMy WebLinkAboutENG 02-17 1e, 6/I Report to
PICKERiNG Executive Committee
Report Number: ENG 02-17
Date: April 3, 2017
From: Richard Holborn
Director, Engineering Services
Subject: Toronto and Region Conservation Authority
- Greenwood Conservation Lands Master Plan
- Brock North Lands
- File: A-1440
Recommendation:
1. That staff be authorized to waive any future fill permit tipping fees and securities (refundable
deposits) as required by the current Fees & Charges By-law, from the Toronto and Region
Conservation Authority (TRCA) related to the Brock North Lands site for the term of the fill
operation at the site;
2. That Council authorize staff to enter into discussion with City of Toronto staff, in an effort to
have the City of Toronto waive the requirement set out in the agreement of purchase and
sale between the City of Toronto and the TRCA dated the 18th day of January, 2011, for
payment of fair market value for all of the property entitlements, interests and permissions
conveyed or granted by TRCA to the City of Pickering for ancillary uses on the Brock North
Lands;
3. That staff be authorized to work with the TRCA on the development of a landscape master
plan for the Brock North Lands that achieves a balance between ecological restoration and
preparation for recreational facilities, while incorporating the importation and placement of
approximately 1.7 million cubic metres of clean fill;
4. That staff be authorized to work with the TRCA to amend the existing management
agreement between the City of Pickering and TRCA to include the permitted ancillary and
recreational uses for the Brock North Lands on terms similar to the existing management
agreement;
5. That a copy of this report be forwarded to TRCA; and
6. That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: TRCA has finalized the Greenwood Conservation Lands (GCL) Master
Plan, which will guide the protection, conservation and restoration of the ecological features of the
site, as well as the current and future public uses. For the Brock North Lands in the City of
Pickering, there is potential for a Community Park and a possible expansion to the Pickering
Museum Village, along with an extensive trail system being completed by TRCA.
ENG 02-17 April 3, 2017
Subject: Toronto and Region Conservation Authority
Brock North Lands Page 2
TRCA has estimated that it will take approximately 1.7 million cubic metres of earth fill to bring the
land up to grade, which is anticipated to take five to seven years to deposit. TRCA has requested
waiving of the fill permit tipping fee, and should the City of Toronto waive the fair market value for
all the property entitlements, interests and permissions for the ancillary uses, the City would
acquire the use of the land for recreational purposes, at no cost. City staff will work with TRCA
staff to ensure a landscape master plan is developed for the Brock North Lands that achieves a
balance between ecological restoration and future recreational facilities.
Financial Implications: TRCA plans to place approximately 1.7 million cubic metres of fill on
the Brock North Lands that would have resulted in the City receiving $3.4 million dollars of fill
permit revenue,,based on the current Fees and Charges By-law. The waiving of the fill permit
tipping fee will result in the City foregoing that revenue. If however, the fill permit tipping fee is
imposed, TRCA have indicated that it will not proceed with the project, as it would be cost
prohibitive. As detailed in Report ENG 04-13, the City originally anticipated that it would incur
costs on land acquisition and construction of a Community Park within the Brock North Lands. If
the recommendations in this report are approved then the City would obtain the use of the land for
recreational purposes, at no cost, should the City of Toronto waive the fair market value for all the
property entitlements, interests and permissions for the ancillary uses. In addition, the fill to be
placed on the Brock North Lands will bring them up to a grade and contour suitable for
construction of a Community Park.
The recommendations, if approved, do not result in expenditures for the 2017 budget year,
however, revenue of $48,800 from TRCA for the fill that was deposited in 2015, was received in
the 2017. In addition, TRCA will pay the application fee for the associated fill permit. Capital costs
for development of the Brock North Lands for recreational and museum purposes will be incurred
in future years, as required.
Discussion: As described in ENG 04-13 (see Attachment#1), the GCL are
comprised of four parcels of land: Brock North and the Rodar Property located in the City of
Pickering and Brock South and Greenwood Conservation Area located in the Town of Ajax (see
Attachment#2). The site is bounded by Sideline 16 on the west, Greenwood Road on the east,
Highway #7 on the north, and the hydro corridor north of Taunton Road on the south. The site,
which is under the TRCA ownership, covers 675 hectares (1,668 acres), is home to a wide range
of environments including mixed forest, open meadows and wetland communities and has three
sensitive watercourses (Spring Creek, Brougham Creek and East Duffins Creek) flowing through
it. Prior to acquisition from the City of Toronto in early 2011, the Brock North and South lands
had undergone significant disturbance, having been used for aggregate extraction until the
1980's and as a solid waste landfill site by the City of Toronto in the late 1970's. The solid waste
was removed from the site in 1997, but the site was never restored.
The GCL Master Plan was generated to protect, conserve and restore the valuable ecological
features and functions of the site, while guiding the current and future public uses of the area.
CORP0227-07/01 revised
ENG 02-17 April 3, 2017
Subject: Toronto and Region Conservation Authority
Brock North Lands Page 3
Various plan components, such as Management Zones and Recommendations, Trail Plans and
Recreation Plans have been included as part of the Master Plan, with the intent that this plan be
implemented over the next 25 years. Active recreation activities will be permitted along the
western edge of the site, which has undergone severe alterations from aggregate extraction and
requires extensive restoration. A Community Park is envisaged to utilize 20 to 22 ha (50 to 55
acres) and a possible 10 ha (25 acre) expansion of the Pickering Museum Village, at the north
end of the site.
It is anticipated that it will take five to seven years to receive the estimated 1.7 million cubic
metres of fill that is required to bring the land up to grade. City staff will work TRCA staff to
ensure a landscape master plan is developed for the Brock North inland fill area that achieves a
balance between ecological restoration and future recreational facilities. At TRCA's June 24,
2016 Authority Board Meeting, the final GCL Master Plan was passed (see Attachment #3).
In late 2015, TRCA staff contacted City staff after they became aware that TRCA might be
subject to the City of Pickering's Fill and Topsoil Disturbance By-Law #6060/02, and not be
exempt. City staff confirmed with TRCA that the City's Fill and Topsoil Disturbance did apply and
a permit would be required for the Brock North Lands site. TRCA advised City staff that in July
2015, filling had begun at the Brock North Lands site, without a permit, and a total of 48,800 m3
was deposited. This volume corresponds to a fill permit tipping fee of$48,800, as the 2015 User
Fee By-law required $1 per cubic metre of deposited material. TRCA agreed to stop work on the
site immediately until the proper approvals were in place.
Following discussions with City staff, TRCA sought permission from the Authority Board, in their
June 24, 2016 report, to request that the City of Pickering waive all fill permit tipping fees and
securities (refundable deposits) related to municipal approval and implementation. Should
Council approve the recommendations of this report, TRCA has agreed to submit a fill permit
application, along with the required fill permit application fee. In addition, TRCA agreed to pay
the tipping fee for the material that was deposited in 2015, resulting in revenue of$48,800,
which has been received.
As TRCA plans to place 1.7 million cubic metres of fill on the Brock North Lands, this would
have resulted in the City receiving $3.4 million dollars of fill permit revenue based on the current
Fees and Charges By-law. The waiving of the fill permit tipping fee will result in the City
foregoing that revenue. However, if the fill permit tipping fee is imposed, TRCA has indicated
that it will not proceed with the project, as it would be cost prohibitive. As detailed in Report ENG
04-13, the City originally anticipated that it would incur costs for land acquisition and
construction of a Community Park within the Brock North Lands. If the recommendations in this
report are approved then the City would obtain the use of the land for recreational purposes, at
no cost, should the City of Toronto waive the fair market value for all the property entitlements,
interests and permissions for the ancillary uses. In addition, the fill to be placed on the Brock
North Lands will bring them up to a grade and contour suitable for construction of a Community
Park.
CORP0227-07/01 revised
ENG 02-17 April 3, 2017
Subject: Toronto and Region Conservation Authority
Brock North Lands Page 4
•
Finally, staff will work with the TRCA to amend the existing management agreement between
the City and TRCA to include the permitted ancillary and recreational uses for the Brock North
Lands on terms similar to the existing management agreement. Given the financial and legal
implications in this report, the content has been reviewed with the Director, Finance & Treasurer
and the Director, Corporate Services & City Solicitor.
•
Attachments:
1. ENG 04-13 & Resolution #72/13
2. Location Map •
3. TRCA Greenwood Conservation Lands June 24, 2016 Authority Report & Resolution
#A88/16
4. Agreement between City of Toronto and TRCA
Prepared By: Approved/Endorsed By:
(1(a
Marilee Gadzovski, M.Sc.(Eng.), P.Eng. RI' and Holborn, P.Eng.
Division Head, Water Resources & Director, Engineering Services
Development Services
MG:mjh
Recommended for the consideration
of Pickering City Council
/f/ 44 , 14, 2o( 7
Tony Prevedel, P.Eng.
Chief Administrative Officer
•
CORP0227-07/01 revised •
•
��ty o� i\TTACHMENT# I TO REPORT#ENG 02-11 .
Report to
Executive Committee
INAMINt . Report Number: ENG 04-13
•
Date: May 13,"2013
•
From: Richard W. Holborn
Director, Engineering & Public Works
Subject: Greenwood Conservation Lands Master.Plan
- File: A-1440
Recommendation:
1. That Report ENG-04-13 of the Director, Engineering & Public Works regarding
Greenwood Conservation Lands Master Plan be received;
2. That the Greenwood Conservation Lands Master Plan dated November 2012 be
endorsed by Council;
3. That a copy of this report be forwarded to the Toronto and Region Conservation
Authority for their information, and that they be advised of Council's decision on
this matter.
Executive Summary: The Toronto and Region Conservation Authority (TRCA), in
consultation with a Technical Advisory Committee and Public Advisory Committee, have
prepared the Greenwood Conservation Lands Master Plan, to guide the protection,
conservation and restoration of the ecological features of the site as well as the current
and future public uses.
The draft Master Plan was approved in principle, by the TRCA Board on November 30,
2012 (see Attachment#2) and is being presented to the Town of Ajax and City of
Pickering Councils, for their endorsement prior to final acceptance by the TRCA.
Financial Implications: Although there are no financial implications for the 2013
budget year, funds to implement a portion of the Master Plan have been included in the
City of Pickering 2014-2017 Capital Forecast. In 2015, $7,250,000 has been identified
for the Architectural Design and Construction of a new Visitor Building for the Pickering
Museum Village. In 2017, $6,500,000 has been identified for the Land Acquisition and
Phase 1 Construction of the Community Park.
Report ENG 04-13 May 13, 2013
Subject: Greenwood.Conservation Lands Master Plan Page 2
Discussion: The Greenwood Conservation Lands (GCL) are comprised of
four parcels of land: Brock North and the Rodar Property located in the City of Pickering
and Brock South and Greenwood Conservation Area located in the Town of Ajax(see
Attachment#1). The site is bounded by Sideline 16 on the west, Greenwood Road on
the east, Highway#7 on the north, and the hydro corridor north of Taunton Road on the
south. The site which is under the Toronto and Region Conservation Authority
ownership, covers 675 hectares (1,668 acres), is home to a wide range of environments
including mixed forest, open meadows and wetland communities and has three
sensitive watercourses (Spring Creek, Brougham Creek and East Duffins Creek) flowing
through it . Prior to acquisition from the City of Toronto in early 2011, the Brock North
and South lands had undergone significant disturbance, having been used for
aggregate extraction until the 1980's and as a solid waste landfill site by the City of
Toronto in the late 1970's. The solid waste was removed from the site in 1997, but the
site was never restored.
The GCL Master Plan was generated to protect, conserve and restore the valuable
ecological features and functions of the site, while guiding the current and future public
uses of the area. Various plan components, such as Management Zones and
Recommendations, Trail Plans and Recreation Plans have been included as part of the
Master Plan, with the intent that this plan be implemented over the next 25 years.
Public Consultation
•
The GCL Master Plan was prepared by the TRCA with significant consultation at the
local and regional government level and other stakeholders. The Technical Advisory
Committee, made up of Town of Ajax and City of Pickering staff, worked with TRCA
staff to establish the vision, goals and objectives, determine the management zones
and recommendations, and develop the trail and public use plans. The Public Advisory
Committee was made up of representatives from Municipal and Regional committees,
user associations and local residents. •The Public Advisory Committee's responsibility
was to ensure that their respective party was informed throughout the planning process,
to provide input or suggestions from their group, identify issues and provide suggestions
to resolve them.
The public consultation program included meetings with interested organizations and
user groups such as cycling, off-leash dog walking and hiking, to review specific plan•.
components. Newsletters were mailed to the community to share information and
provide updates on the Master Plan process. Two rounds of Public Information
Sessions were held in Ajax and Pickering. The first Public Information Sessions on May
10th and 17th, 2012 were to present the draft plan components and obtain feedback, and
the second Public Information Sessions on September 18th and 19th, 2012 were to
, present the revised plan components. In general, the public have been very supportive
regarding the development of the Master Plan and its components, and their comments
and suggestions were integrated into the plan where possible.
•
Report ENG 04-13 May 13, 2013
Subject: Greenwood Conservation Lands Master Plan Page 3
•
As numerous cultural heritage features have been recorded on site, the First Nations
and Metis communities were contacted and sent several information packages
throughout the process.
Vision and Goals
The vision for the GCL, which is consistent with the vision for the Duffins and Carruthers •
Creek Watershed Plans, provides direction for the future management of the property
and encompasses three strategic areas:
• support functioning, diverse and self-sustaining communities of native plants, fish
and wildlife
• become a public destination, offering a variety of recreational and cultural -
experiences
• facilitate important regional trail linkages and provide connectivity to surrounding
natural heritage systems
The goals that have been set in order achieve this vision are as follows:
• protect and restore ecological function and resilience to both aquatic and terrestrial
systems
• create a public destination that offers a variety of recreational and cultural
experiences •
• protect and conserve the cultural heritage features for their inherent value and
depiction of the long-term human use and occupancy of the area
Management Zones and Recommendations
As part of the Master Planning process, management zones have been developed to
protect ecological features, focus restoration efforts, and provide public use and trails
where appropriate, and to guide how the property will be managed. The management
zones distinguish varying levels of ecological protection, management needs and
acceptable levels of public use and have been based on a review of the existing natural
and cultural heritage resources of the site.
The management zones have been mapped with consideration for interim measures,
restoration opportunities, passive public use, and ultimately the long term management
zones.
Management recommendations have been provided to guide.the actions of the TRCA,
its partners and stakeholders, to ensure the Greenwood Conservation Lands remain a
healthy and vital part of the Duffins Creek watershed. Recommendations are provided •
under the following categories:
Report ENG 04-13 May 13, 2013
Subject: Greenwood Conservation Lands Master Plan Page 4
• Natural Heritage Protection
• Restoration
• Cultural Heritage •
• Trails •
• Public Use Site Securement and Protection •
• Community Outreach and Engagement
• Economic Considerations
• Integration
Public Use and Recreation Plan
Public use within the GCL will be permitted in areas that are not environmentally
sensitive. A wide variety of passive recreational activities will be permitted, including
cycling, hiking, leashed dog walking, angling, geo-caching, wildlife viewing,
snowshoeing and cross country skiing.
Active recreation activities will be permitted along the western edge of the site which
has undergone severe alterations from aggregate extraction and requires restoration.
Uses being considered within the Brock South lands (located in Ajax) include a bike
park, dog off-leash area, low ropes course, picnic/day use area, and community
gardens. The existing Greenwood Conservation Area, under management agreement
with the Town of Ajax, will continue to function with its current uses.
A Community Park site that could include baseball diamonds, soccer fields, a football
field, a skateboard park, children's play area, a field house and associated parking is
being considered for the Brock North lands (located in Pickering). The site area
designated for this use is 20 to 22 hectares (50 to 55 acres). This site would also
provide parking and trail heads to the GCL trail system.
Concessions have been made in the.GCL Master Plan to permit the expansion of the
Pickering Museum Village to the west of the current museum site, for a new visitors
centre and for the relocation of historic buildings. The parking area would be shared by
museum patrons as well as park users as the north trail head to the GCL trail system is
adjacent to the museum site. There is also the opportunity for interpretive signage
and/or displays at the museum visitor centre addressing the cultural heritage of the GCL
site.
Trail Plan
The GCL.Trail Plan has been prepared to guide the development and management of
trails, access points, signage and related facilities. The Trail Plan was prepared with
the focus of providing a trail system that has minimal impacts on the natural and cultural
heritage resources. As such, approximately 30 km of the existing 60 km trail system will
be decommissioned and another 11 km of new trails added, to provide a trail network
Report ENG 04-13 May 13, 2013
Subject: Greenwood Conservation Lands Master Plan Page 5
that has connectivity, provides a range of trail experiences and challenges and is
welcoming, safe and accessible for the public to explore. The GCL Trail Plan includes:
• a multi-use trail system approximately 41 km in length
• inter-regional trail connections with the Trans-Canada Trail
• over 8 loop trail options
• connectivity between recreational features of the site with a total of 15 different
access points
•
Cycling focused areas have been identified in the GCL Master Plan, however trail
routing, difficulty ranking, connectivity to other areas of the property, and signage will be
developed at a later date, to be approved by.the TRCA and forthcoming GCL
Stewardship Committee. Approximately 20-25 km of cycling trails located in three
designated cycling areas are recommended.
Implementation
The GCL Implementation Plan has identified action items for the short, medium and
long-term. These are only general recommendations for implementation as funding will
ultimately determine the schedule. A collaborative approach and cost sharing among
the partners over the long term will be important in implementing the recommendations.
• Short-term recommendations will be completed from 2013-2014, to address the
immediate safety issues within the propertyincluding removal of unsafe structures
on the existing trail system, boundary fencing and hazard tree assessment and
removal.
• Medium-term recommendations will be completed from 2014-2016 and include
upgrades to the trail system, implementation of the dog off-leash area, planning and
development of two of the mountain biking focused areas, and upgrades to the
Rodar trail head parking lot.
• Long-term recommendations will be implemented from 2016-2019 and include the
implementation of the third mountain biking focused area and implementation of the
active public use areas in both Brock North and South.
One important recommendation of the GCL Master Plan is to develop a Stewardship
Committee made up of local and regional interest groups, area residents and
representatives of municipal and regional committees. The Stewardship Committee
would oversee and participate in the implementation of the various plan •
recommendations and would assist the TRCA in implementing site development,
maintenance, environmental protection and restoration activities.
Report ENG,04-13 May 13, 2013
Subject: Greenwood Conservation Lands Master Plan Page 6
•
Attachments:
1. Location Map
2. Authority Communication -.Greenwood Conservation Lands Master Plan
(November 30, 2012)
3. Greenwood Conservation Lands Master Plan (November 2012)-
Prepared By: Approved/Endorsed By:
Arnold Mostert OALA Richard W. Ho s orn, P. Eng
Senior Coordinator Direc 'r, Engi .eering & Public Works
Landscape &Parks Development
•
AM:am •
Recommended for the consideration
of Pickering City Council •
(90), +trIZZ, ZOO
Tony Prevedel, P..Eng.
Chief Administrative Officer
Legislative Services Division
Clerk's Office
Directive Memorandum
May 24, 2013
To: Richard Holborn
Director, Engineering & Public Works
From: Paul Bigioni
(Acting) City Clerk
Subject: Direction as per Minutes of the Meeting of City Council
held on May 21, 2013
Director, Engineering & Public Works, Report ENG 04-13
Greenwood Conservation Lands Master Plan
Council Decision Resolution #72/13
1. That Report ENG-04-13 of the Director, Engineering & Public Works regarding
Greenwood Conservation Lands Master Plan be received;
2. That the Greenwood Conservation Lands MasterPlan dated November 2012 be
endorsed by Council;
3. That a copy of this report be forwarded to the Toronto and Region Conservation
Authority for their information, and that they be advised of Council's decision on
this matter.
Please take any action deemed necessary.
Paul Bigioni
/Ir
Copy: Chief Administrative Officer
ATTACHMENT# 2 TO REPORT# ENG 17
6.-111 6 Greenwood Conservation Lands
Master Plan — Location Map
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HTTACHMENT#-3 TO REPORT# G 02-17
Item 7.2
Section I— Items for Authority Action
TO: Chair and Members of the Authority
Meeting #5/16, June 24, 2016
FROM: Nick Saccone, Director, Restoration and Infrastructure
RE: GREENWOOD CONSERVATION LANDS
Greenwood Conservation Lands Master Plan and Brock North Inland Filling
KEY ISSUES
Final approval of the Greenwood Conservation Lands Master Plan; the strategic placement and
grade of clean surplus fill within an abandoned aggregate extraction area within the Greenwood
Conservation Lands at the Brock North tract;the transfer of provincially-owned Highway 407 ETR
East Extension Lands; and the strategic acquisition of lands to facilitate inland filling for ecological
restoration and financial sustainability. •
RECOMMENDATION
WHEREAS the Greenwood Conservation Lands Master Plan was approved in principle by
the Authority on November 30, 2012(Resolution #A219/12);
AND WHEREAS the former aggregate extraction area at the Brock North tract has been
identified as a site for habitat restoration and enhancement through the strategic placing
of clean fill, and was approved as a possible site by the Authority on January 28, 2011
(Resolution#A13111);
AND WHEREAS Toronto and Region Conservation Authority (TRCA)staff has initiated
planning and discussions with City of Pickering related to the restoration and recreational
potential of the property, as was recommended in a report to the Authority on January 28,
2011;
AND WHEREAS the Province of Ontario has acquired lands for the construction of the
Highway 407 ETR East extension that may become surplus upon completion of the
highway construction;
THEREFORE LET IT BE RESOLVED THAT the Greenwood Conservation Lands Master
Plan be approved;
THAT the funds for receiving the clean fill be set aside exclusively for project costs and
implementation of the Greenwood Conservation Lands Master Plan, including future
restoration and habitat enhancement of the property and the phased implementation of
the recreation plan;
THAT the City of Pickering and Town of Ajax be requested to waive all fees, charges &
securities (refundable deposits) related to municipal approvals and implementation;
THAT the City of Toronto be requested to waive the requirement for payment of fair
market value for all of the entitlements, interests and permissions conveyed or granted by
TRCA to the City of Pickering and Town of Ajax for ancillary uses;
16
Item 7.2
THAT TRCA staff continue to work with the City of Pickering and the Town of Ajax to enter
into a management agreement related to the permitted ancillary uses;
THAT TRCA staff continue to work with Ministry of Transportation officials and report
back on the options for land transfer or use of surplus Highway 407 ETR East Extension
lands in the future;
THAT TRCA staff continue to explore strategic land acquisition for inland filling that
supports ecological restoration and financial sustainability;
THAT TRCA staff develop a landscape master plan for the Brock North inland fill area that
achieves.a balance between ecological restoration and recreational facilities, while
incorporating approximately 1.7 million cubic metres of clean fill;
AND FURTHER THAT TRCA staff be authorized and directed to execute all the necessary
documentation required to facilitate restoration of the property and implementation of the
Master Plan.
BACKGROUND
At Authority Meeting#7/15, held on July 24, 2015, staff presented the Greenwood Conservation
Lands Master Plan. The report was referred to the September 25, 2015 Authority meeting for
more information as follows:
•
THAT the staff report be referred to the September Authority meeting for a staff report with
information on possible volumes of fill, clarification of Pickering's plans for recreation
fields, options to close the funding gap, provincial lands purchased for the Highway 407
corridor and clarification on conditions of the original transfer of lands from Toronto and
mechanism for approval of plans and funding contributions as required.
The report addresses these issues as outlined below.
Greenwood Conservation Lands
With the most recent acquisition of the Brock Lands in 2011, adding to the adjacent Greenwood
Conservation Area(GCA)and Rodar property,the area of the amalgamated properties totals 689
hectares(1,704 acres). For the purpose of integrating the planning of all the lands into the master
planning process, the three properties are considered as one large complex called the
Greenwood Conservation Lands (GCL) as approved on November 30, 2012 as per Resolution
#A219/12. Located within the Duffins Creek watershed in the Regional Municipality of Durham,
GCL borders the Town of Ajax and the City of Pickering. Additionally, it is adjacent to Highway 7
,and the Highway 407 ETR East expansion in the north and Taunton Road to the south and is
located between Sideline 16 and Greenwood Road west and east respectively.
17
Item 7.2
City of Toronto Transfer Agreement
The Brock North former landfill site is located on the north side of the 5th Concession Road, east
of Brock Road in the City of Pickering. The Brock South site is located on the south side of the
5th Concession Road, east of Brock Road in the Town of Ajax(Attachment 1). These lands were
secured by the former Municipality of Metropolitan Toronto in 1969 as part of a landfill site
selection process. At that time, in order to purchase land for use as.a landfill in another
jurisdiction, the former Municipality of Metropolitan Toronto was required to enter into an
agreement with the Township of Pickering. The required agreement, among other matters,
provided that"on completion of the refuse disposal sites; the land would be turned over to the
Metropolitan Toronto and Region Conservation Authority, for recreation purposes."
The then Municipality of Metropolitan Toronto obtained Certificates of Approval from the Ministry
of the Environment for landfill at both Brock North and South. The southwest portion of the Brock
North site was used for landfilling in the late 1970's; however, the waste was removed from the
site in 1997. Brock South was never used for waste disposal. Staff reviewed the Remedial Action
Plan and The Closure Plan Implementation reports, as well as the Ministry of.the Environment
files, and was satisfied that there is nothing of any significance in terms of risks associated with
the transfer of property. In the Agreement of Purchase and Sale, the City retained the right to
continue to monitor, pursuant to any certificate of approval.
The lands were subsequently declared surplus by the City of Toronto's Solid Waste Management
Division in 2008 and conveyed to TRCA for a nominal fee of$2 in 2011. The City of Toronto and
TRCA entered into an agreement related to the use of the property by TRCA. -The general terms
of the agreement are as following:
1. The property is to remain in the ownership of TRCA.
2. The property is to be used by TRCA, Ajax or Pickering or any of their agencies only for
open space and park purposes including paths,trails and other passive recreational uses.
3. Any other ancillary uses must be approved by the City of Toronto and will be conditional
upon a management agreement between TRCA and Pickering. These uses may include
an expansion of the Pickering Museum, a district park having a minimum size of 50 acres
serving the entire City of Pickering with facilities such as stadiums, places of assembly
and a variety of active and passive recreational and cultural pursuits including soccer
fields, softball diamonds, baseball diamonds and football fields.
4. If there are ancillary uses, then the City of Toronto must receive the fair market value of all
of the entitlements, interest and permissions conveyed or granted by TRCA.
5. If there is any sale or other disposition by TRCA for other than an ancillary use approved
by the City of Toronto, then the City of Toronto has the rights to take the property back or
take the profit. The profit is the Fair Market Value of the rights conveyed by TRCA less
TRCA's costs of capital improvements, realty taxes, removal of exiting improvements,
environmental clean-up costs, real estate commission, cost of acquiring, operating and
maintaining the property.
The uses proposed in the Greenwood Conservation Lands Master Plan were contemplated at the
time that City of Toronto and TRCA negotiated the transfer of the Brock North and South lands,
and were incorporated into the Agreement between the City of Toronto and TRCA. City of Toronto
staff"has indicated that once TRCA has finalized the Master Plan they would review the plan and
advise if further City approvals are required.
18
Item 7.2
Brock North Environmental Conditions
The terrestrial landscape and hydrologic function of the Brock North lands have been severely
altered through previous aggregate extraction and landfill operations. Staff has assessed the site
and identified opportunities to restore hydrological function, unique landforms, and aquatic and
terrestrial habitats. In order to restore the hydrological regime and natural watershed drainage,
the importation of fill materials is required to replace the land overburden and reshape the
topography in altered areas of the site. The revenue generated via tipping fees during fill
placement will provide financial support for the phased implementation of the Master Plan,
including restoration activities and the recreation plan.
Inland Fill Plan
TRCA staff has determined that importing approximately a minimum of 1.7 million cubic metres of
fill is necessary to meet both restoration and revenue goals in the context of a recreational park.
Tipping fee revenue will flow from either public or private partners, such as York Region who has
specifically requested that TRCA reserve fill capacity at Brock North for disposal of excess soils
associated with future infrastructure work. A very successful collaborative agreement between
York Region and TRCA involving the placement of 450,000 cubic metres of clean soil at Brock
South was completed in late 2015 as approved at Authority Meeting#6/11, held on June 24, 2011
(Resolution#140/11).
Revenue will also be generated from private sector fill suppliers through a competitive bidding
process meeting TRCA's Purchasing Policy. In this scenario, a contractor may be awarded a
contract to supply and place a specific quantity of soil within a time frame at a unit cost. The
contractor would also be required to restore and stabilize the site via the establishment of a
natural cover crop._ Past successful inland fill projects have generated tipping fees in the range
of$3.50 to$6.00 per cubic metre.This would translate into revenue of between $6 million and$10
million dollars based on a 1.7 million cubic metre fill plan.
Staff estimates that filling would take place over 7 to 12 years depending on design volumes and
market conditions; however staff would always endeavor to maximize revenues and may delay
filling to do so. A portion of fill revenue or approximately one dollar a cubic metre will be required
to manage the filling operation including the implementation of the TRCA Inland Fill Quality
Assurance Program. The program includes the pre-approval of all fill prior to delivery, followed
by fill tracking, monitoring and laboratory testing. TRCA has achieved excellence in the
management of fill operations and will continue to explore options for strategic land acquisition
that will facilitate ecological restoration and financial sustainability. .
In addition to the restoration of ecological and hydrological functions, the placement of 1.7 million
cubic metres of fill also allows.for the construction of specific active recreational facilities
requested by the City of Pickering. Discussions regarding the future use of the lands have
identified that City of Pickering is interested in utilizing a portion of the fill site measuring
approximately 20 hectares (50 acres) for recreational park facilities, including sports fields.
Additionally, the Pickering Museum has identified a 10 hectare(25 acre) area at the north end of
the site, adjacent to their lands, for possible expansion. In total, Pickering is looking to utilize
approximately 10 percent of the lands within the City of Pickering.
19
Item 7.2
Since the placement of fill will facilitate the development of a recreational facility, it is understood
that a request must be made to Council to waive all fees, charges&securities (refundable
deposits) related to municipal approvals and implementation costs. The City of Pickering and the
Town of Ajax will also be requested enter into a management agreement for areas related to the
permitted ancillary uses. In addition, future discussions with the municipalities will request the
consideration of entering into a long term management agreement for the Greenwood
Conservation Lands located in the City of Pickering and Town of Ajax. Also, TRCA staff will
support The City of Pickering and Town of Ajax with their request to waive the City of Toronto
requirement for payment of fair market value for the property being used for ancillary uses.
Highway 407 ETR East Extension
As outlined in the November 30, 2012 report to the Authority, TRCA entered into an agreement
with the Ministry of Transportation (MTO) to undertake restoration activities as overall benefit
compensation for redside dace as required by the Endangered Species Act due to construction of
the Highway 407 ETR East Extension. A total of eight stream restoration sites within Brock North
will be fully restored by the end of 2017, funded by MTO for a total of approximately $1.8 million.
As part of the Highway 407 ETR East Extension, MTO acquired lands for construction and habitat
compensation purposes. It is anticipated that upon construction completion the lands will be
deemed as surplus for the project and it may be beneficial for TRCA to explore the acquisition of
strategic parcels, especially in the area of the GCL.
FINANCIAL DETAILS
The estimated cost to implement the GCL Recreation Plan is $3.6 million, while the estimated
cost to undertake full restoration of the site is estimated at$4.3 million. Approximately$95,000
was awarded to TRCA by the Trans Canada Trail for improvements to the Trans Canada Trail
within the Rodar Property and Greenwood Conservation Area. Approximately$1.8 million has
been secured for habitat restoration via MTO, and TRCA is working with partners, including the
Ontario Federation of Anglers and Hunters (OFAH), on additional in-kind restoration works.
Revenues from the Brock South fill deposition site will help fund the restoration and recreation
plans within the Brock South tract. Based on the estimated filling revenue for Brock North, which
also accommodates a recreational complex,an estimated shortfall of$900,000 or revenue of$3.1
million could result for the complete Master Plan implementation. Regardless of the filling
scenario, TRCA will continue to explore traditional and non-traditional sources of funding to
achieve the phased implementation of the Master Plan.
Projected Costs Revenues to Date
Restoration 4.3 Million $1.8 million MTO
Plan
Recreation Plan 3.6 Million $95,000 Trans Canada Potential Fill Net Potential
Trail Revenues shortfall or
revenue
Total 7.9 Million $2.75 million $4.3 million (based ($900,000)
on $3/m3) .
$8.3 million (based $3.1 million
on $61m3)
DETAILS OF WORK TO BE DONE •
To achieve the restoration and revenue goals at Brock North, TRCA staff will take the following
actions:
20
Item 7.2
• work with municipal partners to confirm their fill capacity requests;
• undertake a competitive bidding process for fill suppliers;
• • work with the City of Pickering to confirm the'preliminary recreation concept plan;
• facilitate discussions with the City of Pickering, Town of Ajax and the City of Toronto to
determine the mechanism for approval of ancillary uses;
• enter into discussions with the City of Toronto regarding the waiving of the market value
payment for ancillary uses on the Brock lands.
To achieve the implementation of the CCL Master Plan, TRCA staff will undertake phased
implementation based on available funds that will allow for ecological restoration and passive
recreation. The phased approach will allow for flexibility in the design of the landform to -
accommodate both the recreational complex and any changes to the landform. TRCA staff will•
also continue to investigate traditional and non-traditional sources of funding.
•
TRCA staff will work with Ministry of Transportation officials and report back on the options for the
transfer of Highway 407 East Extension lands in the future.
TRCA staff will also continue to explore options for the strategic land acquisition that requires
filling to achieve ecological restoration arid financial sustainability.
Report prepared by: Karen McDonald, extension 5248 and David Hatton, extension 5365
Emails: kmcdonald@trca.on.ca, dhatton@trca.on.ca
For Information contact: Gord MacPherson, extension 5246, David Hatton, extension 5365
Emails: gmacpherson@trca.on.ca, dhatton@trca.o'n.ca
Date: April 12, 2016
Attachments: 1 •
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21
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RES.#A88/16 - GREENWOOD CONSERVATION LANDS
Greenwood Conservation Lands Master Plan and Brock North Inland
Filling. Final approval of the Greenwood Conservation Lands Master
Plan; the strategic placement and grade of clean surplus fill within an
abandoned aggregate extraction area within the Greenwood
Conservation Lands at the Brock North tract; the transfer of provincially-
owned Highway 407 ETR East Extension Lands; and the strategic
acquisition of lands to facilitate inland filling for ecological restoration and
financial sustainability.
Moved by: Glenn De Baeremaeker
Seconded by: Colleen Jordan
WHEREAS the Greenwood Conservation Lands Master Plan was approved in principle by
the Authority on November 30, 2012 (Resolution #A219112);
AND WHEREAS the former aggregate extraction area at the Brock North tract has been
identified as a site for habitat restoration and enhancement through the strategic placing
of clean fill, and was approved as a possible site by the Authority on January 28, 2011
(Resolution #A13111);
AND WHEREAS Toronto and Region Conservation Authority (TRCA) staff has initiated
planning and discussions with City of Pickering related to the restoration and
recreational potential of the property, as was recommended in a report to the Authority
on January 28, 2011;
AND WHEREAS the Province of Ontario has acquired lands for the construction of the
Highway 407 ETR East extension that may become surplus upon completion of the
highway construction;
THEREFORE LET IT BE RESOLVED THAT the Greenwood Conservation Lands Master
Plan be approved;
THAT the funds for receiving the clean fill be set aside exclusively for project costs and
implementation of the Greenwood Conservation Lands Master Plan, including future
restoration and habitat enhancement of the property and the phased implementation of
the recreation plan and land acquisition in Durham Region;
THAT the City of Pickering and Town of Ajax be requested to waive all fees, charges &
securities (refundable deposits) related to municipal approvals and implementation;
THAT the City of Toronto be requested to waive the requirement for payment of fair
market value for all of the entitlements, interests and permissions conveyed or granted
by TRCA to the City of Pickering and Town of Ajax for ancillary uses;
THAT TRCA staff continue to work with the City of Pickering and the Town of Ajax to
enter into a management agreement related to the permitted ancillary uses;
THAT TRCA staff continue to work with Ministry of Transportation officials and report
back on the options for land transfer or use of surplus Highway 407 ETR East Extension
lands in the future;
•
THAT TRCA staff continue to explore strategic land acquisition for inland filling that
supports ecological restoration and financial sustainability;
THAT TRCA staff develop a landscape master plan for the Brock North inland fill area
that achieves.a balance between ecological restoration and recreational facilities, while
incorporating approximately 1.7 million cubic metres of clean fill;
AND FURTHER THAT TRCA staff be authorized and directed to execute all the necessary
documentation required to facilitate restoration of the property and implementation of
the Master Plan. •
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ATTACHMENT# TO REPORT OZ-17
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LRO#40 Notice Receipted as DR984987 on 2011 01 19 at 15:08
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Pagc 1 of 2
Properties
PIN 26402-0074 LT
Description PT LTS 12,13,14,15&16,CON 5,PICKERING,RDAL BTN LTS 14&15,CON 5.
PICKERING.CLOSED BY PI22182,PI21162,PT RDAL STN LTS 12&13,CON 5,
PICKERING.CLOSED BY PI2875 AS IN CO219504,CO218428,CO231804,CO231805,
CO235392,PT 1,EXP PL 230.PTS 2&3,EXP PL 237,CO212288 EXCEPT PT 1 ON
40R1768$&PTS 1 TO 7 INCL.,EXP PL LT890932;EXCEPT PT 3 ON 40R1947$SAVE
AND EXCEPT PARTS 1,2 AND 3 DR808240 SUBJECT TO AN EASEMENT AS IN
D421916 CITY OF PICKERING
Address PICKERING
PIN 26407-0025 LT
Description PT LT 15,CON 4 PICKERING,PT 1,2&5,EXPROP PL 231,PT 5;40R643;PT LT 16
CON 4 PICKERING PT 4,EXPROP PL 231;PT LTS 15&16,CON 4 PICKERING,PT 1,
40R4311,PT 2,40R643.PT 3,EXPROP PL 231,AS IN CO205715;Sir
D11654,P122680.P134605 AJAX .
Address PICKERING
Consideration
Consideration $0.00
Applicant(s) •
The notice is based on or affects a valid and existing estate,right,interest or equity in land
Name CITY OF TORONTO
Address for Service Attention:City Clerk
Toronto City Hall
100 Queen Street West
Toronto,ON M5H 2N2
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation City of Toronto,by its solicitor,Anna Kinastowski,City Solicitor.per Kim
Rodgers,Solicitor.
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Statements
This notice is pursuant to Section 71 of the Land Titles Act.
This notice may be deleted by the Land Registrar alter 2061/01/19
Schedule: See Schedules
Signed By
•
John Kimberly Rodgers 55 John SL,26th Floor acting for Signed 2011 01 19
Toronto Applicant(s)
M5V 3C6
Tel 4163928047
Fax 4163975624 • •
1 have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
CITY OF TORONTO 55 John St.,26th Floor 2011 01 19
Toronto
M5V 3C6 •
Tel 4163928047
Fax 4163975624
LRO#40 Notice • Receipted as DR964987 on 201101 19 at 15:08
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $6Q.00
File Number
Applicant Client File Number: 2100.8051482 2010(KR)
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THIS AGREEMENT made the 18th day of January,2011.
BETWEEN: •
CITY OF TORONTO •
(the"Citi!')
OF THE FIRST PART
-and-
TORONTO AND REGION CONSERVATION AUTHORITY
("TRCA")
OF THE SECOND PART
•
A. Byan agreement of purchase and sale executed by TRCA on October 25,2010,and by the City on
December 1,2010(the"Agreement of Purchase and Sale"),the City agreed to sell to TRCA and
TRCA agreed to purchase from the City the property described in Schedule"A"attached to this
Agreement(the"Properly"),on the terms set out in the Agreement of Purchase and Sale.
B. The Agreement of Purchase and Sale provides for the registration of this Agreement against title to
the Property.
•
IN CONSIDERATION OF the sum of$10.00 paid by each party to the other party,and other good
and valuable consideration(the receipt and sufficiency of which are acknowledged by each party),the parties
hereto covenant and agree as follows: •
1. (a) It is the express intention of the City and TRCA that there is to be no speculation with respect
to all or any portion of the Property,and that the Property is to remain in the ownership of TRCA and
is to be used by TRCA,the Town of Ajax.or the City of Pickering or by one or more of their agencies,
boards or commissions,or by another entity approved by the City,only for open space and park
purposes,including paths,trails and other passive recreational uses,and such other uses ancillary
thereto that have been approved by the City. Such other ancillary uses may include a
• future expansion of the Pickering Museum and a district park having a minimum size of 50 acres,
serving the entire City of Pickering,and designed for specialized facilities such as stadiums,places of
assembly and a variety of active and passive recreational and cultural pursuits(including soccer
fields,softball diamonds,baseball diamonds and football fields),under a management agreement
between the City of Pickering and TRCA, all together referred to as the"Agreed Uses". TRCA
acknowledges that the City's approval of any such entity or any such other ancillary uses of the •
Propertyprovided for in the immediately preceding sentence,if given,will be conditional on receipt by
the City of all of the payments required to be made by TRCA to the City under this Agreement in
respect of the use of the Property or any part or parts of the Property by such approved entity,and in
respect of any such approved ancillary uses. For greater certainty,but without limiting the generality
of the foregoing,any such ancillary use of the Property or any part or parts of the Property by,through
•
or under the City of Pickering,the Town of Ajax or the Province of Ontario(collectively,the"Permitted
Public Authorities")shall not be permitted unless the City receives,in respect of such use,the fair
market value of all of the entitlements,interests and permissions conveyed or granted by TRCA to the
Permitted Public Authorities. If:(i)any sale or other disposition of all or any part or parts of the
Property is proposed by TRCA at any time within fifty(50)years from the date of registration of this
Agreement against title to the Property(the"Closing Date"(unless arrangements satisfactory to the
City are made to restrict the use of the Property to the Agreed Uses notwithstanding the completion of
such sale or disposition);(ii)TRCA intends to use or cause or permit the Property or any part or parts
of the Property to be used for any purpose other than the Agreed Uses,TRCA agrees to give the City.
Notice of its intention to do so immediately(the"TRCA's Sale Notice"). If the City,acting reasonably
and in good faith,determines that it has reasonable grounds for believing that TRCA intends to sell or
otherwise dispose of all or any part or parts of the Property,or intends to use or cause or permit the
Property or any part or parts of the Property to be used for any purpose other than the Agreed Uses,
the TRCA's Sale Notice shall be deemed for all purposes of this Agreement to have been delivered to
the City. Within ninety(90)days of receipt or deemed receipt by the City of the TRCA's Sale Notice,
the City will deliver to TRCA a Notice(the"City's Notice of Election"),advising TRCA that:(i)the City
shall have the right to re-purchase the Property at the same price paid by TRCA to the City pursuant
to the Agreement of Purchase and Sale,or(ii)100%of any"Profit',as defined below,shall be paid to
•
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the City and the amount of such Profit shall be a charge on the Property in favour of the City until
paid.
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(b) For purposes of this Agreement:
(i) "Base Amount means$2.00(the"Purchase Price".If TRCA proposes to dispose of
less than the whole of the Property, the Base Amount shall equal the Purchase Price
multiplied by a fraction that has as its numerator the area in square meters of the portion or
portions of the Property MCA intends to dispose of and as its denominator the area in
square metres of the Property.
•
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(ii) "Sale Price"means:
(A) the gross sale price or the amount expressed in money of any consideration
given or to be given for the conveyance by or on behalf of the transferee and the
value expressed in money of any liability assumed or undertaken by or on behalf of
the transferee as part of the arrangement relating to the conveyance and the value -
• expressed in money of any benefit of whatsoever kind conferred directly or indirectly
by the transferee on any person as part of the arrangement relating to the
conveyance;
(B) in the case of a final order of foreclosure under any mortgage or charge
• affecting land;the value of the consideration determined under clause(A)plus the
amount owed under the mortgage or charge at the time it is foreclosed,including
principal, interest and all other costs and expenses other than municipal taxes,
secured by the mortgage or charge and owing at the time plus the amount owing
similarly calculated under any mortgage or charge that is subsequent in priority to the
mortgage or charge in respect of which the final order of foreclosure is made and
that is held by the mortgagee or chargee in whose favour the final order of
foreclosure that is registered is made;
(C) in the case of a conveyance of land to the mortgagee or chargee under a
mortgage or charge affecting the land when the conveyance is given in satisfaction
of the amount owed under the mortgage or charge,the value of the consideration
determined under clause(A)plus the amount owed under the mortgage or charge at
the time the conveyance is made,including principal,interest and all other costs or
expenses other than municipal taxes,secured by the mortgage or charge and owing •
at the time plus the amount owing similarly calculated under any other mortgage or
charge that is subsequent in priority to the mortgage or charge in respect of which
the conveyance is made,if that mortgage or charge is held by the mortgagee or
chargee to whom the conveyance is made;or
(D) in the case of a lease of land,licence or any similar arrangement permitting
the use of the Property or any part or parts of the Property,a transfer of the interest
of a lessee under a lease of land or of a licensee under a licence or of any other user
under a similar arrangement permitting the use of any part or parts of the Property,
• or a notice of any kind in writing signifying the existence of an unregistered lease of
land,licence or similar arrangement permitting the use of the Property or any part or
parts of the Property,or of an unregistered transfer of the interest of a lessee under
• a lease of land or of a licensee under a licence or of any other user under a similar
arrangement permitting the use of the Property or any part or parts of the Property,
the current fair market value,ascertained as at the time of the tender or submission
for registration,or as at the commencement of the term of the lease,licence or other
similar arrangement permitting the use of the Property or any part or parts of the
Property,of the lease payments,rent,licence fees or any other amounts to be paid
during the term of the tease,licence br any similar arrangement permitting the use of
the Property or any part or parts of the Property. Any renewal, extension,
assignment,amendment,alteration,or replacement of the existing residential leases
of parts of the Property,provided that such leases continue to provide for residential•
tenancies notwithstanding any such renewal,extension,assignment,amendment, •
alteration,or replacement,shall be considered and deemed to have a nil Sale Price.
•(E) in the case of a caution 'or notice of any kind in writing signifying the
existence of any unregistered instrument or writing by which land is conveyed and
that is not a notice in writing described in clause(D),the value of the consideration
CADOCUr.1E-11TRCAILOCALS-11Tempcnofes6274871repwcnese.profit agreement R,�rx
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determined under clause(A),(B)or(C)for the land conveyed by the unregistered
instrument or writing that is referred to in such caution or notice in writing that is not a
•
notice in writing described in clause(D);
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(F) in the case of a conveyance of land from a trustee (whether or not the
trustee is so described in the conveyance)to a person to whom or for whose benefit •
any equitable or beneficial interest in the land has been transferred by a conveyance
or conveyances that have not been registered, the value of the consideration
• determined under clauses (A) to(E),whichever is applicable, in respect of the
unregistered conveyances made to such person;
(G) in the case of a conveyance of land from a trustee to another trustee
(whether or not either trustee is so described in the conveyance)where,(i)the
person to whom or for whose benefit any equitable or beneficial interest in the land is
held is not the same person to whom or for whose benefit any equitable or beneficial•-
interest in the land was held by the trustee making the conveyance when that trustee
first acquired legal interest in the land,and(ii)valuable consideration has been given
by the transferee of an equitable or beneficial interest for the transfer of any
• equitable or beneficial interest in the land held by the trustee making the conveyance
while that trustee was the holder of the legal interest in the land, the fair market •
value,ascertained at the time of the tender or submission for registration,of the land
to which the conveyance extends;or
(H) in the case of a conveyance of land to a corporation where any part of the
consideration consists of the allotment and issuance of the corporation's shares or in
the case of a conveyance of land from a corporation to any of its shareholders the .
fair market value,ascertained at the time of the tender or submission for registration,
of the land to which the conveyance extends,
for the Property,or such portion or portions of the Property as are the subject of the
City's Notice of Election,including the value of all chattels situate thereon which are
•
then owned by TRCA and which are intended to pass on such disposition transaction
and the value of any encumbrances or mortgages assumed by TRCA or taken back
as part of the consideration for such disposition transaction,less the aggregate of
• the following: •
{1) the cumulative total of the value of any and all capital improvements made
by TRCA to the Property from and after the Closing Date;municipal realty
taxes paid by TRCA from and after the Closing.Date,:removal of existing
• improvements;and environmental clean-up costs incurred by TRCA after
the Closing Date, all calculated in accordance with generally accepted
accounting principles;
(2) any real estate commission payable by TRCA in disposing of the Property to
such purchaser or tenant, in an amount not to exceed the then-current
industry practice;and
(3) reasonable costs,including costs of required environmental remediation, •
• legal and accounting fees,payable by TRCA in acquiring or disposing of the
• Properly.
• (4) costs of acquiring,operating, maintaining and preserving the Property,and
the interest of TRCA therein to the extent not covered by revenues
• therefrom.
(iii) "Profit'means the amount by which the Sate Price exceeds the Base Amount.
• 2. If the City delivers a Notice or Notices of Election in respect of all or any part or parts of the Property,
TRCA agrees to convey the Property or relevant part or parts of the Property to the City or to pay to
the City the`Profit'realized in the disposition of the Property or relevant part or parts of the Property,
1 as the case may be,in accordance with the City's Notice of Election and this Agreement.
3. TRCA will cause to be prepared,at its expense,any certificates of area in respect of the Property or
part or parts of the Property that are required to permit the calculations provided for in Section 1 of
this Agreement to be performed.
C:1000UA!E-11TRCA1L0r'AL 5-i\Temjvvxeso27a8Trepu:ehase-proal aareement•(na7.do
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4. If the City's Notice of Election requires 7RCA to re-convey the Property or any part or parts of the
Property to the City,the lands to be re-conveyed to the City shall be:
(a) subject only to those encumbrances to which they were subject on the Closing Date,and to
those additional encumbrances,if any,that the City,in its sole discretion,has elected by Notice to "
7RCA to accept;
• (b) in a condition not more impaired by the presence or effect of any"Hazardous Substance"
than on the Closing Date;and
•
(c) free of all structures or improvements that were not present on the Property on the Closing
Date,or that the City,in its sole discretion,has not elected by Notice to TRCA to permit to remain on
the Property.
5. Sections 1,2,3 and 4 shall not apply to conveyances for roads and road widening purposes,:Al iy
easements and conveyances to other public bodies for nominal consideration.
•
6. Any notice,approval or other communication required or permitted to be given("Notice")shall be in
writing and shall be personally delivered,sent by prepaid registered mail,or sent by telecopier and,in
the case of notice to the City,addressed to it as follows:
• Director of Real Estate Services
City of Toronto •
• Metro Hall,2"d Floor •
55 John Street
Toronto,ON M5V 3C6
Telecopier No.:(416)392-1880
• With a copy to: •
•
City Solicitor
City of Toronto
Station 1260,26th Floor
Metro Hall
55 John Street
Toronto,ON M5V 3C6
Attention:Kim Rodgers
Telecopier No.:(416)397-5624
•
• and in the case of Notice to TRCA,addressed to it as follows: •
Toronto and Region Conservation Authority
5 Shoreham Drive •
Toronto,ON M3N 1S4
Attention: Mike Fenning,Manager,Acquisitions and Sales
Telecopier No.: (416)661-6898
•
With a copy to:
•
• Robert C.Rossow •
Gardiner Roberts LLP
• 40 King Street West,Suite 3100
Toronto.ON M5H 3Y2
Telecopier No.: (416)865-6636
Any Notice so given shall be deemed conclusively to have been given and received on the date of
delivery if personally delivered,or on the third(3rd)Business Day following the date of mailing if sent
by prepaid registered mail,on the day of transmission by telecopier(if transmitted prior to 5:00 p.m.
on a Business Day),and on the Business Day next following transmission(if transmitted after 5:00
p.m.,or if transmitted on other than a Business Day),provided that if there is any anticipated or
existing postal dispute,Notice shall be personally delivered or transmitted by telecopier. 'Business •
Day"means a day which is not a Saturday or a Sunday or a day observed as a holiday under the laws
•
C DOCUMc-11TRCA\LOCALS-1\TempL:otes527487trepurc.`wse.profit agreement fine doc •
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of the Province of Ontario or the federal laws of Canada applicable In the Province of Ontario or a day
that the City of Toronto is not open for business.Either party may from time to time change its
• address for service by Notice to the other party to this Agreement.
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Any Notice permitted or required to be given by the City may be given by the City's Chief Corporate
Officer from time to time, his or her successor, or his or her designate(s)from time to time
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(collectively for this clause the"City Designate"). However,the City Designate specifically reserves
the right to submit the issue of giving any Notice,or the contents of any Notice.to C'ty Council for'As
determination.
7. The City and TRCA consent to the registration of this Agreement on the title to the Property.
8. This Agreement may be executed in counterparts all of which together shall constitute one and
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the same agreement.
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9. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and the'-
respective successors and approved assigns.
The parties hereto have executed this Agreement. •
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SIGNED,SEALED AND DELIVERED CITY OF TORONTO
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APPROVED
AS TO FORM
Fc'. -o K�a,,:..-y:. 111Jui'r�r�
nar Per:
4Y..
Name:.
Casall
Authorized by Gwemment Management Title: DirectorofRedEstatealh cell
Committee Item No.GM32.12 as adopted by
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City of Toronto Council on July6.7 and 8.2010. I have authority to bind the Corporation.
City Clerk
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TORONTO .AND REGION CONSERVATION
AUTHORITY
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Name: James Dillane
Title: Director.Finance and Business Services
I have authority to bind the Corporation.
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G:tLEG\REVkrodyer5180512ippp70074a2.t0•Brock North znd Brock South Landril6Closing Documentslrepurch.ase-profit agreement-rnat.doc
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of the Province of Ontario or the federal laws of Canada applicable in the Province of Ontario or a day
that the City of Toronto is not open for business.Either party may from time to time change its
address for service by IJotice to the other party to this Agreement.
Any Notice permitted or required to be given by the City may be given by the City's Chief Corporate
Officer from time to time, his or her successor, or his or her designates) from time to time
(collectively for this clause the"Ci(y Designate"). However,the City Designate specifically reserves
the right to submit the issue of giving any Notice,or the contents of any Notice,to City Council fo.-'ts
determination.
7. The City and TRCA consent to the registration of this Agreement on the title to the Property.
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8. This Agreement may be executed in counterparts ail of which together shall constitute one and
the same agreement.
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9. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their
respective successors and approved assigns.
• The parties hereto have executed this Agreement. •
SIGNED,SEALED AND DELIVERED CITY OF TORONTO
APPROVED AS TO FORM
For Anna Kinaslowski Per:
File No.2100-805-1482 2010(KR) Name:
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Authorized by Government Management • Title:
Committee ltem No.GM32.12 as adopted by
CU;of Czt.nell;,r.J:.;y u",7 rind o,2Q•O. I have authority to bind the Corporation. •
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TORONTO AND REGION CONSERVATION
AUTHORITY
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N= - James Dillane
- Director,Finance and Business Services
I have authority to bind the Corporation.
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C:IDOCUME-1\TRCAILOCALS-Vremjmotes6274871repumhaso•profs agreement-Enal,da.
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6
• SCHEDULE"A"
(the"Property")
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_ Legal Description: In the City of Pickering,Regional Mt:nicipailty of Durham and Province of Ontario,in
the Land Registry Office for the Land Titles Division of the Durham registry Office
(No.40)being composed of:
FIRSTLY: PIN 26402-0074(LT) •
Parts of Lots 12,13,14,15&16,Concession 5 Pickering,Road Allowance between Lots 14
&15,Concessions 5 Pickering closed by PI22182,P121162,Part of Road Allowance between
Lots 12&13,Concession 5 Pickering closed by PI2875 as in CO219504.CO218428,PARTS
2&3,Expropriation Plan 237,CO212298 except PART 1 ON 40R17686&PARTS 1 to 7 •
inclusive, Expropriation Plan LT890932;except PART 3 ON 40R19476 save and except
• PARTS 1,2 and 3 on DR808240 subject to an easement as in D421916. • ,-
SECONDLY: PIN 26407-0025(LT) •
Part of Lot 15,Concession 4 Pickering,PARTS 1,2&5 Expropriation,Plan 231,PART 5,
40r643;Part of Lot 16,Concession 4 Pickering,PART 4 Expropriation Plan 231;Parts of Lots
15 &16, Concession 4 Pickering, PART 1, 40R4311, PART 2, 40R643, PART 3,
Expropriation Plan 231,as in CO205715;SIT D11654,PI22680,PI34605 Ajax.
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CADOCUME-11TRCAV.OCALS-1\Tempinotes6274871repurchase.profit agreement•fr,,r_•:.: