HomeMy WebLinkAboutFebruary 8, 2016
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Executive Committee Agenda
Monday, February 8, 2016
Council Chambers
2:00 pm
Chair: Councillor Ashe
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CR 01-16
Subject: Renaming of the Claremont Community Centre
Heritage/Historical/Community Relevance:
February 8, 2016
Page 2
Dr. Nelson F. Tomlinson's roots go back to the Ward family, who settled in Claremont in
the early 1840s. He was born and raised in Reach Township, but came to the
Brougham-Claremont area in 1905, when he taught school at the Brougham School.
He was principal of the Brougham Continuation School by 1909.
During those early years, Dr. Nelson F. Tomlinson was active in a variety of community
activities.
• He played on the Claremont Football Club in 1909 when it became Intermediate
South Ontario Champions.
• He was a member of the local Methodist Church Choir while teaching in
Brougham, and was also a member of the Pickering Centennial Committee, in
1911.
• He left Pickering to attend medical school at the University of Toronto, from 1914
to1918.
• In 1919, a serious outbreak of influenza with no doctor in residence in Claremont,
pulled Dr. Nelson F. Tomlinson away from a practice in Gravenhurst. He never
left.
• From the time he and his wife returned to Claremont, Dr. Nelson F. Tomlinson
was deeply engaged in the community and civic affairs.
• When the Claremont Memorial Park opened in 1925, Dr. Nelson F. Tomlinson
was honorary president of the Claremont Football Team, when the team staged a
game as part of the opening celebrations. He was listed as a member of the
team in 1927. He was involved in the tennis club in Claremont, and he and his
wife helped found the first Badminton Club in Claremont in the late 1920s.
• Dr. Nelson F. Tomlinson was a Master of the Masons, Claremont Branch (1928)
and later received a 50 Year Medal as a Worshipful Brother of the Order of
Masons. And he was a member of the Board of Trustees of the Methodist
Church in Claremont (1933).
• From 1935 to 1955 he was the Medical Officer of Health; Tomlinson's name can
be found on the bottom of health bulletins and notices frequently published in the
local newspapers and posted around the communities.
• In 1951, Dr. Nelson F. Tomlinson was appointed Chairman of the Board of
Management of the Claremont Community Memorial Athletic Field and Park and
the Claremont Community Hall (By-Law No. 1866, signed May 1, 1951 ). He was
appointed to the same position again in 1952.
• In 1959, Dr. Nelson F. Tomlinson was asked to give the opening address at the
Centennial of the Brougham School. And he was guest speaker at the opening
of the new Brougham Library on June 7, 1963. Dr. Nelson F. Tomlinson has also
assisted to' raise funds for the renovation of the Claremont Library in the late
1960s.
CORP0227-07/01 revised
CR01-16
Subject: Renaming of the Claremont Community Centre
February 8, 2016
Page 3
In honour of active service in the community, "Dr. Nelson F. Tomlinson Day" was
proclaimed for January 8, 1966. A committee was formed to plan the day, and many
friends and colleagues of Dr. Nelson F. Tomlinson were contacted, most of whom
donated money for a fund which was later given over to the Ajax and Pickering General
Hospital to furnish a room, in the doctor's name.
As further testament to the respect and admiration of Dr. Tomlinson within the
community, he was featured as the "Symbol of the Century" on the cover of the News
Advertiser on Thursday, June 29, 1967, in commemoration of Canada's 100th birthday,
and he lead Claremont's Centennial Parade. · Throughout his life in Claremont, he
could always be depend13d upon the support of recreational activities and was often
seen shuttling local youth to and from sports games.
Public Notification:
As per Facility & Park Naming Procedure ADM 110-006, staff are responsible to notify
all residents and ratepayer associations within the service area of the proposed name
change and provide a 30 day period for public comments to be received. As such, the
following public notification was provided:
1. Public Notice on the City's website from November 25, 2015 to January 1, 2016
at pickering.ca/claremont. The website included the Notice of Motion dated
November 16, 2015 which features background information on Dr. Nelson F.
Tomlinson.
2. Public Notice mailed to Claremont households the week November 23, 2015
(over 800 letters).
3. Public Notice mailed on November 27, 2015 to individuals who registered on the
Sign-Up sheet requesting to receive further notification on matters related to this
Notice of Motion at the November 16, 2015 Council Meeting.
4. Public Notice posted prominently at the entrance of Claremont Community
Centre from December 1, 2015 to December 31,2015. ·
5. Public Notice on the Community Page (Pickering News Advertiser) on.
December 2, 9 and 16, 2015.
6. Public Notice mailed on December 3, 2015 to ratepayers and community
associations within the service area.
At the conclusion of the 30 day public notification period, a total of 24 community
comments were received by City staff of which 13 (54%) supported the name change, 9
(38%) did not support the name change and 2 (8%) were indifferent indicating that they
would support whatever was made through the process, although the associated costs
should be considered. Regardless of their position, many respondents felt that the word
"Community" was important to retain in the facility name so that the facility purpose/type
was dearly evident.
For this reason, should Council approve the renaming of the Claremont Community
Centre, staff propose the name to be Dr. Nelson F. Tomlinson Community Centre.
CORPCY227-07/01 revised
3
6
Subject: Directive Memorandum Nov. 18,2015
Page 2
5. Claremont Continuation School-He was a teacher and taught in the school from
1911 for seven years until he raised enough money to attend the University of
Toronto Medical School. During World War I he was sent to work at a Tuberculosis
Sanatorium in Gravenhurst. In 1919 he got the call that Claremont needed a doctor
as Dr. Caldwell, the local doctor at the time, was enlisted for service in World War I.
Dr. Tomlinson also held the position of Medical Officer of Health from 1935 to 1955.
6. School Board -He was elected to the School Board and was involved in building the
present school in Claremont in 1923. (A debenture for $40,000 was taken out to
cover the cost of building material, an 80' well, sidewalks, fences, etc.).
7. Bowling Green-He was very active in the lawn bowling organization and the small
bowling park south of the four corners which was named after him. The sign was
removed when the City Pickering sold the property and the tribute to him has
disappeared from this town.
8. Park Board-He was an avid sports enthusiast and President of the Park Board for
many years. Because football was being played in a farmer's field south of town,
four acres was purchased where the present park is today. He was instrumental in
having the brick gate posts built and bronze memorial plaques placed there with the
names of all the local men and women who served in World War I and World War II.
9. Claremont Community Centre-His efforts to have the vacated Presbyterian Church
turned into a community centre resulted in many years of community groups
enjoying the hall until the new community centre was built.
10. Dr. Tomlinson was a valued asset to this community and in early years would travel
miles by foot, snowshoe, horse and buggy and later, in a Model T Ford to visit
patients in north Pickering. His area was extended to concessions south of
Claremont, north a few miles into Uxbridge over the Town line, east to Ashburn and
west to the Markham/Pickering Town line. Many people attended his retirement. He
practiced medicine for 56 years until age 90. He received thanks from hundreds of
friends at his goth birthday. Many lives were saved by this gentle man. He helped the
injured and was there at the birth of many babies born in the area. He was also in
charge of those with scarlet fever who were quarantined and he stayed isolated in
the Masonic Hall until they were well. .
11 . The work and effort he put into Claremont was amazing and the proposal to have
the community centre named after him would be a wonderful way to memorialize his
memory.
Now therefore be it resolved that the City of Pickering consider re-naming the
Claremont Community Centre to The Dr. Nelson F. Tomlinson Centre pursuant to the
Facility & Park Naming Procedure ADM 110-006.
Please take any action deemed necessary.
Lisa Harker
/lr
Copy: Chief Administrative Officer
ENG 03-16 February 8, 2016
Subject: Proposed School Stopping Restrictions -Various Locations Page 2
school. Based on staff's review, it was found that vehicles stop on both sides of the
bend during pick-up and drop-off times for Glengrove Public School resulting in reduced
sightlines and creating difficulty, particularly with school buses, in traveling around the
bend. Municipal By-law staff have also indicated that stopping restrictions are preferred
over parking restrictions at this location.
There ar(3 existing stopping restrictions (7:30am to 9:00am and 3:00pm to 4:30pm,
Monday to Friday) east of the existing parking restrictions on the bend in front of the
school. However, allowing stopping/parking on the bend at anytime is not
recommended due to difficulty for larger vehicles in negotiating the bend, and the
existing presence of on-street parking.
Therefore, Engineering & Public Works staff propose that the existing parking
restrictions (anytime) on the bend on Glengrove Road ·in front of Glengrove Public
School he replaced with stopping restrictions (anytime) on both sides of the road.
The proposed stopping restrictions on Glengrove Road are shown graphically in
Attachment 1.
Glenanna Road in front of Vaughan Willard Public School
Area residents and Municipal By-law staff requested that Engineering & Public Works
staff investigate replacing the existing parking restrictions .on Glenanna Road in front of
Vaughan Willard Public School with stopping restrictions. Safety concerns, specifically
sightlines, have been expressed, on Glenanna Road in front of the school.
In response to these concerns, Engineering & Public Works staff have completed a
review of the existing parking restrictions on Glenanna Road in front of the school.
Based on staff's review, it was found that vehicles stop directly in front of the school in
the 'no parking' areas, which makes it difficult for vehicles entering and exiting the
school's driveways. Therefore, Engineering & Public Works staff are proposing that the
existing parking restrictions directly in front of Vaughan Willard Public School on the
north side of Glenanna Road be replaced with stopping restrictions.
The proposed stopping restrictions on Glenanna Road are shown graphically in
Attachment 2.
Attachments:
1. Proposed Stopping Restrictions, Glengrove Road
2. Proposed Stopping Restrictions, Glenanna Road
3. Proposed By-law 6604/05 Amendment, Schedule 1, No Stopping and Schedule 2,
No Parking
CORP0227-07/01 revised
9
The Corporation of the City of Pickering
By-law No.
Being a by-law to amend by-law 6604/05
providing for the regulating of traffic and
parking, standing and stopping on highways
or parts of highways under the jurisdiction of
the City of Pickering and on private and
municipal property.
Whereas, By-law 6604/05, as amended, provides for the regulating of traffic and parking
on highways, private property and municipal property within the City of Pickering, and
Whereas, it is deemed expedient to amend Schedule 1 and Schedule 2 to By-law
6604/05, specifically to remove on-street parking restrictions and replace with on-street
stopping restrictions on sections of Glengrove Road and Glenanna Road.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule 1 to By-law 6604/05, as amended, is hereby further amended thereto
by the following:
Column 1 Column 2
Highway Side
Add
Glengrove Road Both
Schedule 1
No Stopping
Column 3
Limits (From/To)
130 metres west of
Glenview Road to 190
metres west of Glenview
Road
Column 4
Prohibited Times
or Days
Anytime
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By-law No. XXXX ATTACHMENT# 3 TOREPORT# ;;)vqo3 ·-J{o
,3 of £&._ Page 3
3. This By-law shall come into force on the date that it is approved by the Council of
the City of Pickering and when signs to the effect are installed.
By-law passed this 16th day of February, 2016.
David Ryan, Mayor
Debbie Shields, City Clerk
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ATTACHMENT# I TOREPORl# tN¢1 Olf-J (c
_.-I _of I ~ :
This Lease made pursuant to the provisions of subsection 191 (2) of the Municipal Act,
R.S.O. 1990, chapter M.45, as of the 17th day of February 2016,
BETWEEN
The Corporation of the City of Pickering
Herein called the "Landlord"
-and-
The Durham District School Board
Herein called the "Tenant"
Of the first part,
Of the second part.
(the "Landlord's Lands")
Whereas the Landlord owns those lands and premises being described as Block 42,
Plan M-1194, in the City of Pickering, in the Regional Municipality of Durham (the
"Landlord's Lands");
Whereas the Tenant owns those lands and premises abutting the Landlord's Lands
being legally described as Block 98, Plan M-1207, in the City of Pickering in the
Regional Municipality of Durham, (the "Tenant's Lands");
Whereas Maple Ridge Public School is located on part of the Tenant's Lands;
Whereas the Landlord and Tenant have entered into a Site Plan Agreement dated the
5th day of July, 1995 (the "Site Plan Agreement") to permit the construction of an
addition to the Maple Ridge Public School structure and to provide for the construction
of 14 additional parking spaces and associated landscaping on part of the Landlord's
Lands being set out as Parts I, 2, 3 and 4, Plan 40R-16384.
Now Therefore in consideration of the rents, covenants and agreements herein
contained the Landlord and the Tenant agree as follows:
1. Recitals
The parties hereto acknowledge and agree that the recitals contained herein are true in
substance and in fact;
ATTACHMENT#_/~~ TO REPORT# f:~fJ OL/·-i ~
2-of. I;$_
2. Lease and Term
The Landlord hereby leases to the Tenant those lands being part of Block 42, Plan M-
1 1'94 and being set out as Parts I, 2, 3 and 4, on Plan 40R-16384 (hereinafter called
the "Lands"), for a term (hereinafter called the "Term") commencing on the 31st day of
July 2015 and expiring on the 30th day of July, 2035, unless the term is earlier
terminated.
3. Rent
(1) The amount of the rent payable by the Tenant to the Landlord during the
Term is Ten ($1 0.00) Dollars per annum
(2) Place and Manner of Payment
Each payment of rent shall be paid by the Tenant to the Landlord in advance,
on the first day of August in each calendar year throughout the Term, in lawful
money of Canada, at the address of the Landlord set out in section 14 or at
such other place as the Landlord shall from time to time designate, and the
Landlord may require the Tenant to provide post-dated cheques for this
purpose.
4. General Covenants
(1) The Landlord covenants with the Tenant:
(a) for quiet enjoyment; and
(b) to observe and perform all covenant and obligations of the Landlord
herein
(2) The Tenant covenants with the Landlord:
(a) to pay rent; and
(b) to observe and perform all covenants and obligations of the Tenant
herein; and
(c) to observe and perform all covenants and obligations of the Tenant
as set out in the Site Plan Agreement.
5. Use and Occupancy of Premises
The Tenant covenants with the Landlord:
(a) Required and Prohibited Uses
To use the Lands for the purpose of providing school parking for
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ATTACHMENT# ')/~,~TO REPORT# [r·..J/7 o'-/·-} ~
---.'L _-.11
Maple Ridge Public School located on the Block 98, Plan M-1207, only,
and for no other purposes;
(b) Appearance etc. of Lands
To maintain the Lands so that they shall always be of good appearance
and suitable for the proper operation of a parking lot in accordance
with the requirements of the Site Plan Agreement, and in so doing, to
maintain the Lands and the asphalt and landscaping in a good state of
repair, orderly, tidy, clean and clear of all refuse and to remove snow at
the Tenants sole expense throughout the Term of this Lease;
(c) By-laws
6. Taxes
To comply at its own expense with all municipal , federal and provincial
sanitary , fire and safety laws, regulations and requirements pertaining to
the occupation and use of the Lands.
Payment by Tenant
The Tenant covenants with the Landlord to pay promptly when due to the taxing
authority or authorities having jurisdiction, all taxes, rates, duties, levies and
assessments whatsoever, whether municipal, parliamentary or otherwise,
levied, imposed or assessed in respect of the Lands in respect of the use or
occupancy thereof (including Licence fees).
7. Licences Assignment and Subletting
( 1) Licences
The Tenant shall not permit any part of the Land to be used or
occupied by any persons other than the Tenant and the employees of
the Tenant, or permit any part of the Lands to be used or occupied by
any licensee or concessionaire, or permit any persons to be upon the
Lands other than the Tenant, its employees, customers and others
having lawful business with it. Notwithstanding the foregoing, the parties
agree that the lands described as Part 4, on Plan 40R-16384 will
continue to be available for use by the public for parkland purposes.
(2) Assignment and Subletting
The Tenant shall not assign this Lease of sublet all. or any part of the Lands.
8. Signs
The Tenant shall not be permitted to place any signs on the Lands without the
prior written consent of the Landlord which consent may be ordinarily withheld.
9. leasehold Improvement and Trade Fixtures
(1) Definition of Leasehold Improvements
For purposes of this Lease, the term "Leasehold Improvements"
includes without limitation all fixtures, improvements, installations,
alterations and additions from time to time made, erected or installed
by or on behalf of the Tenant in or on the Lands, and whether or not
moveable, with th~ exception of trade fixtures and furniture and
equipment not of the nature of fixtures.
(2) Installation of Improvements and Fixtures
The Tenant shall not make, erect, install or alter any Leasehold
Improvements or trade fixtures, including lighting, in or on the Lands
without having first obtained the Landlord's written approval. The
Tenant's request for any approval hereunder shall be in writing and
accompanied by an adequate description of the contemplated work and,
where appropriate, working drawings and specifications thereof. All
work to be performed on the Lands shall be performed by competent
contractors and subcontractors of whom the Landlord shall have
approved, such approval not to be unreasonably withheld. All such
work shall be subject to inspection by and the reasonable supervision
of the Landlord, and shall be performed in accordance with any
reasonable conditions or regulations imposed by the Landlord and
completed in a good and workmanlike manner in accordance with the
description of work approved by the Landlord.
(3) Liens and Encumbrances on Improvements and Fixtures
In connection with the making, erection, installation or alteration of
Leasehold Improvements and trade fixtures and all other work or
installations made by or for the Tenant in or on the Lands, the
Tenant shall comply with all the provisions of the Construction Lien
Act, and other statutes from time to time applicable thereto, including
any provision requiring or enabling the retention by way of hold-back of
portions of any sums payable, and except as to any such hold-back
shall promptly pay all accounts relating thereto. The Tenant shall not
create any mortgage, conditional sale agreement or other encumbrance
in respect of its Leasehold Improvements or, without the consent of the
Landlord, with respect to its trade fixtures nor shall the Tenant take any
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action as a consequence of which any such mortgage, conditional sale
agreement or other encumbrance would attach to the Lands or any part
thereof. If and whenever any mechanics' or other lien for work, labour,
services or materials supplied to or for the Tenant or for the cost of
which the Tenant may be in any way liable or claims therefor shall arise
or be filed or any such mortgage, conditional sale agreement or other
encumbrance shall attach, the Tenant shall within twenty (20) days
after receipt of notice thereof procure the discharge thereof, including
any certificate of action registered in respect of any lien, by payment or
giving security or in such other manner as may be required or
permitted by law, and failing which the Landlord may in addition. to all
· other remedies hereunder avail itself of its remedy under section 12
hereof and may make any payments required to procure the discharge
of any such liens or encumbrances, shall be entitled to be reimbursed
by the Tenant as proyided in section 12. Its right to reimbursement
shall not be affected or impaired if the Tenant shall then or subsequently
establish or claim that any lien or encumbrance so discharged was
without merit or excessive or subject to any abatement, set-off or
defense. This subsection shall not prevent the Tenant from mortgaging
or encumbering its chattels, furniture or equipment not of the nature of
fixtures.
(4) Removal of Improvements and Fixtures
All trade fixtures, furniture and equipment shall be removed by the
Tenant from the Lands either during or at the expiration or sooner
termination of the Term.
The Tenant shall, in the case of every removai either during or at the end
of the Term, make good at the expense of the Tenant any damage
caused to the Lands by the installation and removal.
10. Insurance and Liability
(1) Tenant's Insurance
The Tenant shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general
public liability, which shall include coverage for personal liability,
contractual liability, tenants' legal liability, non-owned automobile
liability, bodily injury, death and property damage, all on an
occurrence basis with respect to the business carried on in or
from the Lands and the Tenant's use and occupancy of the
Lands, with coverage for any one occurrence or claim of not less
than' Five Million Dollars ($5,000,000), or such other amount as
the Landlord may reasonably require upon not less than six
months notice at any time during the Term, which insurance shall
include the Landlord as a named insured and shall protect the
Landlord in respect of claims by the Tenant as if the Landlord
were separately insured; and;
(b) insurance against such other perils and in such amounts as the
Landlord may from time to time reasonably require upon not less
than 90 days written notice, such requirement to be made on the
basis that the required insurance is customary at the time for
prudent tenants of similar properties. ·
All insurance required to be maintained by the Tenant hereunder shall be
on terms and with insurers to which the Landlord has no reasonable
objection. Each policy shall contain a waiver by the insurer of any rights of
subrogation or indemnity or any other claim over to which the insurer might
otherwise be entitled against the Landlord or the agents or employees of the
Landlord, and shall also contain an undertaking by the insurer that no material
change adverse to the Landlord or the Tenant will be made, and the policy
will not lapse or be cancelled, except after not less than thirty days written
notice to the Landlord of the intended change, lapse or cancellation.
The Tenant shall furnish to the Landlord, if and whenever requested by it,
certificates or other evidences acceptable to the Landlord as to the insurance
from time to time effected by the Tenant and its renewal or continuation in force,
together with evidence as to the method of determination of full replacement
cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and
equipment, and if the Landlord reasonably concludes that the full
replacement cost has been underestimated, the Tenant shall forthwith
arrange for any consequent increase in coverage required hereunder. If the
Tenant shall fail to take out, renew and keep in force such insurance, or if the
evidences submitted to the Landlord pursuant to the preceding sentence are
unacceptable to the Landlord or no such evidences are submitted within a
reasonable period after request therefor by the Landlord, then. the Landlord
may give to the Tenant written notice requiring compliance with this section
and specifying the respects in which the Tenant is not then in compliance
with this section. If the Tenant does not, within 72 hours or such lesser period
as the Landlord may reasonably require having regard to the urgency of the
situation, provide appropriate evidence of compliance with this section,
the Landlord may, but shall not be obligated to, obtain some or all of the
additional coverage or other insurance which the Tenant shall have failed to
obtain, without prejudice to any other rights of the Landlord under this Lease
or otherwise, and the Tenant shall pay all premiums and other expenses
incurred by the Landlord in that connection as additional rent pursuant to
section 12 hereof.
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(2) Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of,
or loss or damage to any property belonging to the Tenant or its
employees, invitees or licensees or any other person in, or upon the
Lands.
(3) Indemnity of Landlord
The Tenant shall indemnify and save harmless the Landlord in respect
of:
(a) all claims for bodily injury or death, property damage or other
loss or damage arising from the conduct of any work by or
any act or omission of the Tenant or any agent, employee,
contractor, invitee or licensee of the Tenant, and in respect of all
costs, expenses and liabilities incurred by the Landlord in
connection with or arising out of all such claims, including the
expenses of any action or proceeding pertaining thereto;
(b) any loss, cost, expense or damage suffered or incurred by the
Landlord arising from any breach by the Tenant of any of its
covenants and obligations under this Lease; and
(c) all costs, expenses and reasonable legal fees that may be
incurred or paid by the Landlord in enforcing against the
Tenant the. covenants, agreements and representations of
the Tenant set out in this Lease.
11. Access of Landlord
(1) Inspection and Access
The Landlord shall be permitted at any time and from time to time to
enter and to have its authorized agents, employees and contractors
enter onto the Lands for the purposes of inspection, maintenance or
making repairs, and the Tenant shall provide free and unhampered
access for the purpose, and shall not be entitled to compensation for
any inconvenience, nuisance or discomfort caused thereby, but the
Landlord in exercising its rights hereunder shall proceed to the extent
reasonably possible so as to minimize interference with the Tenant's
use and enjoyment of the Lands.
12. Delay and Non-Waiver
(1) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and
to the extent that either the Landlord or the Tenant shall be prevented,
delayed or restricted in the fulfilment of any obligation hereunder in
respect of the making of any repair, the doing of any work or any
other thing, other than the payment of rent or other monies due, by
reason of:
(a) strikes or work stoppages;
(b) in~bility to obtain any material service, utility or labour required to
fulfil such obligation;
(c) any statute, law or regulation of, or inability to obtain any
permission from , any government authority having lawful
jurisdiction preventing , delaying or restricting such fulfillment of;
(d) other avoidable occurrence
(2) Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or
suffer any default, breach or non-observance by the other of any of any
obligation hereunder, this shall not operate as a waiver of such
obligation in respect of any continuing or subsequent default, breach
or non-observal")ce, and no such waiver shall be implied but shall only
be effective if expressed in writing nor shall any forbearance to seek a
remedy for any breach be a waiver of any rights and remedies with
respect to such or any subsequent breach.
13. Remedies of Landlord
(1) In addition to all rights and remedies of the Landlord available to it in
the event of any default hereunder by the Tenant through improper
compliance or non-compliance with any obligation arising either under
this or any other provision of this Lease or under .statute or the general
law, with such default not being rectified by the Tenant within ten (1 0)
days of being advised of such default, the Landlord:
(a) shall have the right at all times to remedy or attempt to remedy
any default of the Tenant, and in so doing may make any
payments due or alleged to be due by the Tenant to third parties
and may enter upon the Lands to do any work or other things
therein, and in such event all expenses of the Landlord in
remedying or attempting to remedy such default shall be
payable by the Tenant to the Landlord as additional rent forthwith
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----REPORT~(~ r_f':]_t} QL}-J lt;;
=~~3_
upon demand.
(b) shall have the same rights and remedies in the event of any non-
payment by the Tenant of any amounts payable by the Tenant
under any provision of this Lease as in the case of a non-
payment of rent; and
(c) if the Tenant shall fail to pay any rent or other amount from time
to time payable by it to the Landlord hereunder promptly when
due, shall be entitled, if it shall demand it, to interest thereon
at a rate of three per cent (3%) per annum in excess of the
minimum lending rate to prime commercial borrowers from time to
time current at the City's bank from the date upon which the same
was due until I actual payment thereof.
(2) Remedies Cumulative
The Landlord may from time to time resort to any or all of the_ rights and
remedies available to it in the event of any default hereunder by the
Tenant, through improper compliance or non-compliance with any
obligation arising either under any provision of this Lease or under
statute or the general law, with such default not being rectified by the
Tenant within ten (1 0) days of being advised of such default, all of
which rights and remedies are intended to be cumulative and not
alternative, and the express provisions hereunder as to certain rights
and remedies are not to be interpreted as excluding any other or
additional rights and remedies available to the Landlord by statute or the
general law.
(3) Right of Re-entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by
the Tenant or any part thereof shall not be paid on the day appointed
for payment thereof, whether lawfully demanded or not, and the Ten ant
shall have failed to pay such rent or other monies within five (5)
business days after the Landlord shall have given to the Tenant notice
.requiring such payment, or if the Tenant shall breach or fail to observe
and perform any of the covenants, agreements, provisos, conditions
and other obligations on the part of the Tenant to be kept, observed
or performed hereunder, with such breach or failure to observe and
perform not being rectified by the Tenant within ten (1 0) days of being
advised of such breach or failure to observe and perform, or if this Lease
shall have become terminated pursuant to any provision hereof, or if
the Landlord shall have become entitled to terminate this Lease and
·shall have given notice terminating it pursuant to any provision hereof,
then and in every such case it shall be lawful for the Landlord thereafter
to enter into and upon the Lands or any part thereof in the name of the
whole and the same to have again, repossess and enjoy as of its
former estate, anything in this Lease contained to the contrary
notwithstanding.
(4). Termination of Re-entry
If and whenever the Landlord becomes entitled to re-enter upon the Lands
under any provision of this Lease the Landlord, in addition to all other
rights and remedies, shall have the right to terminate this Lease forthwith
by delivering such notice of termination, in writing, by prepaid registered
mail, to the Superintendent of Education-Business and Information
Technology or the Board Chairperson at the Durham District School
Board, 400 Taunton Road East, Whitby, Ontario, L 1 R 2K6.
(5) Payment of Rent, etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this
Lease, whether pursuant to this or any other provision of this Lease, this
Lease and the Term shall terminate, rent and any other payments for
which the Tenant is liable under this Lease shall be computed,
apportioned and paid in full to the date of such termination, and the
Tenant shall immediately deliver up possession of the Lands to the
Landlord, and the Landlord may re-enter and take possession of them.
14. Improper Use of Premises: Bankruptcy
(1) Bankruptcy, etc.
In case without the written consent of the Landlord the Premises shall
be used by any other persons than the Tenant or for any purpose
other than that for which they were leased, or occupied by any
persons whose occupancy is prohibited by this Lease, or if the Lands
shall be. vacated or abandoned, or remain unoccupied for fifteen (15)
days or more while capable of being occupied; or if the balance of the
Term or any of the goods and chattels of the Tenant shall at any time be
seized in execution or attachment, or if the Tenant shall make any
assignment for the benefit of creditors or any bulk sale, become
bankrupt or insolvent or take the benefit of any statute now or
hereafter in force for bankrupt or insolvent debtors, then in any such
case the Landlord may at its option terminate this Lease by leaving
upon the Lands notice in writing of such termination and thereupon, in
addition to the payment by the Tenant of rent and other payments for
which the Tenant is liable under this Lease, rent for the current month
27
28
,--
~EPORT#~,1 OY-\ ~
~J~
and the next ensuing three (3) months shall immediately become due and
paid by the Tenant.
15. Miscellaneous Provisions
(1) Registration of Lease
The Tenant herby consents to the registration of this Lease of a notice of
this Lease against the Tenant's Lands.
(2) Lease Constitutes Entire Agreement
There are no covenants representations, warranties, agreements or
conditions express or implied, collateral or otherwise forming part of or in
any way affecting or relating to this Lease save as expressly set out in
this Lease including without limitation, the Site Plan Agreement; this
Lease constitutes the entire agreement between the Landlord and the
Tenant and may not be modified except as herein explicitly provided or
except by agreement in writing executed by the Landlord and the Tenant.
(3) Notices
Any notice required or contemplated by any provision hereof shall be
given in writing and;
(a) if to the Landlord, either delivered to the City Clerk personally or
mailed by prepaid registered mail addressed to the City Clerk at
Pickering Civic Complex, One The Esplanade, Pickering, Ontario
LIV 6K7; and
(b) if to the Tenant, either delivered to the Superintendent of
Education-Business and Information Technology or the Board
Chairperson personally or mailed by prepaid registered mail
addressed to the Superintendent of Education-Business and
Information Technology or the Board Chairperson at the Durham
District School Board, 400 Taunton Road East, Whitby, Ontario LIR
2K6.
Every such notice shall be deemed to have been given when delivered
or, if mailed as aforesaid, upon the day after the day it is mailed. Either
party may from time to time by notice in writing to the other, designate
another address in Canada as the address to which notices are to be
mailed to it.
(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and
agreements as though words importing such covenants and agreements
were used in each separate provision hereof, and the captions ·
appearing for the provisions of this Lease have been inserted as a
matter of convenience and for reference only and in no way define, limit
or enlarge the scope or meaning of this Lease or of any provision hereof.
(5) This lease shall be construed in accordance with the laws of the Province
of Ontario.
(6) Extent of Lease Obligations
This Lease and everything herein contained shall enure to the benefit of
and be binding upon the respective heirs, executors, administrators and
other legal representatives, as the case may be, of each party hereto,
and every reference herein to any party hereto shall include the
heirs, executors, administrators, and other legal representatives of such
party.
29
LEG 02-16
Subject: Pre-Servicing Agreements
February 8, 2016
Page 2
Financial Implications: There are no direct financial implications to this Report.
Discussion:
Subdivision works and services to be constructed by a landowner (such as roads,
stormwater services and sidewalks) are normally set out in a subdivision agreement.
The subdivision agreement contains a detailed description of all City works and
services, and includes all of the conditions imposed by Council upon the approval of the
plan of subdivision. The subdivision agreement also sets out the process for
submission, review and approval of the designs for all of the City works and services. In
some cases, however, the landowner wishes to commence construction of some of the
City works and services before the subdivision agreement has been finalized. A Pre-
Servicing Agreement between the City and the landowner is a useful means of
speeding up the progress of subdivision development while ensuring that City staff
retain all prudent and necessary authority to review, inspect and approve or disapprove
of proposed subdivision works.
It is important to note that a Pre-Servicing Agreement will be used only to permit City
works which (a) have already been authorized by Council through the draft plan
approval process, (b) are considered by the Director, Engineering & Public Works and
Director, City Development to be appropriate prior to finalization of the subdivision
agreement, and (c) have received all required regulatory approvals and permits.
Attachment 1 is a template for a City of Pickering Pre-Servicing Agreement. It is
intended to be customized to suit each particular subdivision development in which it is
used. The Pre-Servicing Agreement will contain a specific description of the pre-
servicing works authorized by the City. It will also contain all applicable design, review,
inspection and other requirements, so that City staff will be able to monitor and control
pre-servicing construction work in the same manner as occurs pursuant to the City's
subdivision agreements. Additionally, the Pre-Servicing Agreement will require
appropriate security to be posted by landowners to secure all pre-servicing works.
Use of the Pre-Servicing Agreement will make the development process more
expeditious while still enabling City staff to control the development process in the
public interest. It is anticipated that the Pre-Servicing Agreement will be of assistance in
the Seaton Development Area, where intensive development activity is anticipated in
the near future.
Attachments:
1. Draft Form Pre-Servicing Agreement
CORP0227-07/01 revised
33
ATTACHMENT# I TO REPORT# /-E &.. 0 d -; ~-
This Pre-Servicing Agreement made as of the XX day of January, 2016. / .of. 1_-J
Between
The Corporation of the City of Pickering
(hereinafter the "City")
and
XX
(hereinafter the "Owner")
Whereas the Owner is the owner of certain lands and premises more particularly
. described as (the "Lands")
And Whereas Conditions of Draft Plan Approval of a subdivision. respecting the Lands
were approved by the City on XX, 201X, in relation to File No. SP-XXX (hereinafter the
"Draft Plan Conditions");
And Whereas the Draft Plan Conditions require the Owner to enter into a Subdivision
Agreement with the City providing for the Owner's fulfillment of the Draft Plan
Conditions (hereinafter the "Subdivision Agreement");
And Whereas the Owner has requested the City's approval to install certain services on
the Lands in accordance with the plans set out on Schedule "A" attached hereto
(hereinafter the "Pre-Servicing Works") prior to entering into the Subdivision Agreement;
And Whereas the Owner and the City have agreed to be bound by the terms and
conditions contained in this Agreement; ·
Now therefore this Agreement witnesseth that in condition of the covenants and
premises contained herein and other good and valuable consideration, the parties
hereto covenant and agree with each other as follows:
1. Construction/Installation of Pre-Servicing Works
The Owner shall obtain all required approvals and shall construct or install to City
standards and shall provide to the City, complete in every detail, the following City
works and services (the "Pre-Servicing Works") as shown on engineering plans
submitted by the Owner's Consulti,ng Engineer to the City and approved by the Director,
Engineering & Public Works in accordance with the City's specifications for such Pre-
Servicing Works:
[describe the works in detail]
2. Term
This Agreement shall remain in force and effect until such time as all of the obligations
contained herein have been incorporated into or expressly superseded by the
Subdivision Agreement.
3. Owner's General Undertaking
The Owner shall complete in a good workmanlike manner for the City, all the Pre-
Servicing Works to the satisfaction of the City, and shall complete, perform or make
payment for such other matters as may be provided for herein.
35
. 4. Owner's Expense
ATlACHMENT# I TO REPORT# ·; I <7 (~ .of. :J
36
Every provision of this Agreement by which the Owner is obligated in any way
shall be deemed to include the words "at the expense of the Owner and at no
expense to the City" unless the context requires otherwise.
5. Righ~ to Enter
(1) The City may, by it officers, employees or agents, enter on the Lands or
any part of the Lands, as well as any building(s) erected on the Lands to
ensure that any Pre-Servicing Works, services or facilities required to be
provided, constructed, installed or maintained by the Owner, comply with
this Agreement.
(2) If it is necessary for the Owner to enter onto abutting/adjacent lands to
complete any portion of the Pre-Servicing Works or off-site grading, the
Owner must obtain a letter from the abutting/adjacent landowner, which
authorizes the Owner, it officers, employees, agents and the City to enter
onto their property to complete and inspect such Pre-Servicing Works. A
copy of the written authorization shall be provided to the Director,
Engineering & Public Works prior to the initiation of such Pre-Servicing
Works.
6. Reliance by City on this Agreement
This Agreement is entered into and executed by the Owner for the purpose of having
the City act in reliance on the covenants by the Owner contained herein and the Owner
hereby waives any right or claim which it now has or may hereinafter acquire which is
inconsistent with the terms of this Agreement. ·
7. Consulting Engineers and Drawing/Plan Submission
(1) The Owner shall retain a Professional Engineer as the Consulting
Engineer of the Owner to carry out all the necessary engineering and to
supervise the work required to be done for the development and
construction of this project.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work required to be done for the development and
construction of the project is completed and formally accepted by the City.
(3) The Owner may change from one Consulting Engineer to another at any
time or times during the development and construction of the project, so
long as the Owner has a Consulting Engineer retained at all times.
(4) The Owner shall satisfy the City respecting the submission of appropriate
engineering drawings that detail, among other things, City services, roads,
storm sewers, stormwater management facilities, sidewalks, lot grading,
streetlights, fencing, tree planting, measures to protect the existing trees
to be retained and financially secure the Pre-Servicing Works.
8. Authorization to Commence Work
The Owner shall not commence the construction or installation of any of the
works referred to in this Pre-Servicing Agreement without the written
Authorization to Commence Work of the Director, Engineering & Public Works,
which Authorization shall not be issued until:
( 1) there are adequate services available to the Lands, including water
pressure to the satisfaction of the City's Fire Services Department;
(2) two copies of this Agreement executed by the Owner and all
Encumbrancers have been provided to the City;
2
(3)
ATTACHMEf~T#-----1--/_TQ REPORT# LE'
all ;nsumnce ce~u;rements, as noted ;n !h;s Agreement, and the :;5.of. J _3 0 09·-! <p
Performance & Maintenance Security have been delivered to the City to
(4)
the satisfaction of the City's Treasurer and the Director, Engineering &
Public Works;
a Construction Management Plan has been submitted addressing such
matters, among other things, as sediment controls, road cleaning, access
during construction, mud and dust control during all phases of
development, building material and soil storage areas, .parking areas for
construction workers during the servicing stage, topsoil stockpile location,
working hours according to City By-laws and compliances with the City
Noise By-law to the satisfaction of the Director, Engineering & Public
Works; and
(5) all approvals and permits have been obtained by the Owner from the
appropriate agencies, including but not limited to the Ministry of
Environment and Climate Change, the Ministry of Natural Resources and
Forestry, the applicable Conservation Authority, and the Regional
Municipality of Durham, or a certificate has been provided by the Owner's
Consulting Engineer that no such approvals or permits are required, to the
satisfaction of the Director, Engineering & Public Works.
9. Performance and Maintenance Security
(1) Before the Owner shall commence1 any of the Pre-Servicing Works, the
Owner shall file with the City an irrevocable letter of credit, issued by a
chartered bank in Canada or such other form of security as may be
acceptable to the City in its sole and unfettered discretion, and in an
amount established by the Director, Engineering & Public Works (the
"original value"), as a Performance and Maintenance security for the
purpose of, ·
(a)
(b)
guaranteeing the satisfactory construction, installation or
performance of the Pre-Servicing Works;
guaranteeing the payment of any amounts payable to the City
under this Agreement;
(c) guaranteeing the payment of any amount that the City may be
required to pay under the provisions of the Construction Lien Act, or
any successor thereto;
(d)
(e)
guaranteeing all Pre-Servicing Works, workmanship and materials;
and
guaranteeing the keeping in force of adequate insurance
throughout the performance of the Pre-Servicing Works, including
during the Maintenance Period and any rectification period(s).
(2) The Owner and the City agree that the securities required hereunder will
not be reduced or cancelled otherwise than in accordance with a fully
executed and registered Subdivision Agreement.
1 0. Expiry of Securities
(1) Should any Letter of Credit security required to be provided herein expire
before the City·releases the Owner from the terms and conditions hereof,
the Owner shall provide to the City at least 30 days in advance of the
expiry date of that security, a further security to take effect upon the
expiry.
(2) Such further security shall be in a form and amount satisfactory to the
City.
3
37
38
(3)
. ATTACHMENT#_)_ TO REPORT# LE ~
. . Lf-.of. ( 3 0-9--//
Should no such further security be provided as required, then the City . c Y7
shall have the right to convert the expiring security into cash and hold the ·
cash in lieu of and for the same purposes as the expiring security.
11. Tree Inventory/Tree Preservation Program
(1) Prior to the commencement of any Pre-Servicing Works, the Owner shall
submit a Tree Inventory and a Tree Preservation Program (the "Program")
prepared by a qualified expert and based upon the City-approved Grading
Control Plan, indicating which existing trees in the project may be
preserved. The Program shall be submitted for the review and approval of
the' Director, Engineering & Public Works.
(2) Until the Program is approved the Owner shall not commence, nor allow.to
be commenced, any aspect of the development of the Lands in the
project, including the removal of any tree.
(3) The Owner covenants and agrees to preserve the existing trees as
indicated in the approved Program prepared by , dated
----------' and on file at the City's Engineering & Public
Works Department as File No. ______ _
(4) The Owner covenants and agrees to further submit two copies of the site
gradihg/Program to the City's Engineering & Public Works Department, for
approval at the building permit stage. The site grading/Program shall
show the location of the dwelling units to be constructed with respect to
the trees to be preserved, the location of the protective fencing and the
proposed grades in accordance with the Program. These plans are to be
reviewed and approved by the Owner's Landscape Architect or Arborist,
prior to being submitted to the City's Engineering.& Public Works
Department for approval.
(5) The Owner covenants and agrees to install tree protection fencing prior to
the start of any construction activity on site. This fence is to be to the
satisfaction of the Director, Engineering & Public Works. No disruption of
vegetation or disposal of fill shall occur beyond this point during the
construction period. The tree protection fencing shall remain in place until
all grading, construction and landscape works are completed. The Owner
covenants and agrees not to remove trees without prior written approval of
the City.
(6) Every precaution necessary shall be taken to prevent damage to the trees
and vegetated areas and this shall include the following:
(7)
(a) areas within the protective fencing shall remain undisturbed and
shall not be used for the storage of surplus soil, debris and building
materials or equipment;
(b) no contaminants will be dumped or flushed where feeder roots of
vegetation exist;
(c) no vegetation or tree limbs shall be removed, pruned or otherwise
damaged during the course of construction; and
(d) no rigging cables shall be wrapped around or installed in trees to be
preserved,
In the event that any tree required to be preserved by the approved
Program is removed or is, in the opinion of the Director, Engineering &
Public Works, damaged to such an extent that its value or longevity is
decreased or is likely to be decreased, then the Owner shall replace that
tree with a tree of a height, diameter and species determined by such
Director. Such replacement shall be at no cost to the City.
4
ATTACHMENT#_j_ TO REPORT# L_e {:_ 5 r7 ~
(8) This section 13 does not apply if tree removal has been approved by th~of. ( .:::;;. C;.!) ..-1 (p
City pursuant to the permit issued under the City's Fill and Topsoil By-law.
12. Utility/Services/Utility Coordination Plan
(1) Prior to the commencement of any of the Pre-Servicing Works, the Owner
agrees to provide the City with a Utility Coordination Plan, to the
satisfaction of the Director, Engineering & Public Works, showing the
locations of all above-ground utilities including, but not limited to,
streetlight poles, transformers, telecommunication pedestals (Bell,
Rogers), etc., as well as the location of all road crossings.
(2) The Utility Coordination Plan shall also show the locations of the proposed
street trees in relation to the utilities to ensure there is no conflict with any
utility and all proposed temporary and permanent community mailbox
locations.
(3) The Owner shall demonstrate to the satisfaction of the Director,
Engineering & Public Works that it has made satisfactory arrangements
with the appropriate authorities regarding the provision of underground
wiring, street lighting, cable television, natural gas, community postal
boxes and other similar services.
(4) The Owner acknowledges that, where electricity, cable television service
or telephone service is to be provided to any lot or block in the project, it
shall be provided underground and in accordance with the standards and
specifications of Veridian Corporation, Rogers Gable Inc., Bell Canada or
Enbridge Gas, as the case may be.
(5) The Owner agrees to grant such easements as may be required for
access to, or maintenance of, such utilities to the appropriate authority, at
the Owner's cost..
(6) The Owner agrees that the cost of any relocation, extension, .alteration or
extraordinary maintenance of existing services necessitated by the
installation of the Pre-Servicing Works shall be the responsibility of the
Owner.
13. General Regulations Respecting Servicing
(1)
(1)
(2)
(3)
The Owner shall not dump nor permit to be dumped any fill or debris on,
nor remove or permit to be removed any fill from, any public lands, other
than in the actual construction of roads in the project without the written
consent of the authority responsible for such lands.
The Owner shall not burn nor permit to be burned any refuse or debris
within the project or adjacent to it.
Where the construction or installation of services involves a continuation
or extension of existing services, the Owner shall join into the existing
services, including adjustment of grades where necessary, in a good and
workmanlike manner.
The Director, Engineering & Public Pre-Servicing Works may determine it
necessary for additional geotechnical investigations and/or reports to be
done by the Owner which may include, but not be limited to qualitative or
quantitative tests made of any materials which have been, or are
proposed to be, used in the construction or installation of any services
required by this Agreement.
(a) In the event such investigations and/or reports are not provided to
the City, to the satisfaction of the Director, Engineering & Public
Works, the City will undertake the work and the cost of such
5
39
40
. . . · .. · . ·. . . . . ATTikHrviENT# { TO REPORT# j_ t= (J
· . (o .ot. ( _3 · Oc; ~ I ~~
investigations and/or reports shall be paid by the Owner within 30
days of invoices being rendered.
(4) The Director, Engineering & Public Works may determine it necessary for
roads, laneways, sidewalks, walkways, etc., to be cleaned and/or flushed
to eliminate and/or control dust, dirt, mud, debris, etc., by the Owner
resulting from the Pre-Servicing Works being done within this
development. ·
(a) In the event such Pre-Servicing Works not completed by the Owner
to the satisfaction of the Director, Engineering & Public Works, the
City will undertake such work and the cost of the Pre-Servicing
Works shall be paid by the Owner within 30 days of invoices being
rendered. ·
(5) The Owner shalf:
(a) relocate any existing services or utilities required to be relocated by
the construction or installation of Pre-Servicing Works, services, or
utilities in the project;
(b) move any Pre-Servicing Works, services or utilities installed in
driveways or so close thereto, in the opinion of the Director, .
Engineering & Public Works, as to interfere with the use of the
driveway; and
(c) in the event such Pre-Servicing Works are not completed by the
Owner to the satisfaction of the Director, the City will undertake such
work and the cost of the Pre-Servicing Works shall be paid by the
Owner within 30 days of invoices being rendered.
(6) The Owner shall provide and erect temporary signs of such nature and at
such locations as designated by the Director, Engineering & Public Works.
(7) Unless otherwise provided herein, the Owner shall perform any and all
work required to be done under this Agreement to the specifications of the
City and at the Owner's cost.
14. Failure to Complete/Improper Performance
(1) If, in the opinion of the Director; Engineering & Pubtic Works, the Owner is
not constructing or installing the Pre-Servicing Works, or causing them to
be constructed or installed, within the specified time or so that they may
be completed within the specified time, or is improperly performing the
Pre-Servicing Works, or has neglected or abandoned them before
completion, or has unreasonably delayed them so that the terms and
conditions of this Agreement are being violated or executed carelessly or
in bad faith, or has neglected or refused to renew or again perform Pre-
Servicing Works rejected by such Director as defective or unsuitable, or
has in any other manner, in the opinion of such Director, defaulted in the
performance of the terms and conditions of this Agreement, then such
Director may notify the Owner and his surety in writing of the default or
neglect and may require the rectification or removal of the Pre-Servicing
Works and if the notification be without effect for seven days, then such
Director shall have full authority to make any payment or do anything,
including but not limited to obtaining materials, tools and machinery and
employing persons required for the proper completion of the Pre-Servicing
Works or rectification of the default or removal of the Pre-Servicing Works,
at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director, Engineering & Public
Works, such Director may act without prior notice but the Owner and its
surety shall be notified forthwith.
6
. ATTACHMENT# I TO REPORT# j___ E('~ '
-;::;--.of. 1 3 0,.:;;; -( ( ~,
(3) The cost of rectifying the default shall be calculated by the Director, ·. '{'
Engineering & Public Works, whose decision shall be final, and may be
charged to the Owner, together with a 25 percent engineering and
administration fee, by drawing upon the letter of credit filed with the City.
15. Guarantee of Pre-Servicing Works, Workmanship and Materials
(1) The Owner shall guarantee all Pre-Servicing Works, workmanship and
materials employed or used in the construction, installation or completion
of Pre-Servicing Works, services and other requirements under this
Agreement. Such guarantee shall not expire until such time as is
specified in the Subdivision Agreement.
(2) Despite any other provisions of this Agreement, the responsibilities of the
Owner shall include the maintenance of the Pre-Servicing Works,
including the rectification and/or stabilization of any unsatisfactorily
· installed or incomplete Pre-Servicing Works.
16. Use of Pre-Servicing Works Pending Completion/Emergency Repairs
(1) Any of the Pre-Servicing Works may be used by the City, or by such other
person or agency as may be authorized by the Director, Engineering & Public
Works, for the purposes for which the Pre-Servicing Works are designed, and
such use shall not be deemed an acceptance of any of the Pre-Servicing Works
by the City, nor an assumption by the City of any liability in connection therewith,
nor a release of the Owner from any of its obligations under this Agreement.
(2) The City may make emergency repairs at any time to any of the Pre-
Servicing Works and may for this purpose enter the Lands at any time; such
repair or entry shall not be deemed an acceptance of any of the Pre-Servicing
Works by the City, nor an assumption by the City of any liability in connection
therewith, nor a release of the Owner from any of its obligations under this
Agreement.
17. Internal/External Road Maintenance and Repair/Snow Plowing
Throughout the term of this Agreement, the Owner shall,
(1) maintain all City roads within the project in a mud and dust free condition
and free of obstructions, regardless of the source or cause of any mud,
dust or obstruction;
(2) maintain all City roads outside the project, including boulevards and
sidewalks, in a mud and dust free condition and free of obstructions,
where the source or cause of the mud, dust or obstruction is an operation
or operations related in any way to the development of the project;
(3) repair all City roads outside the project; including boulevards, where
damage has occurred as a result of an operation or operations related in
· any way to the development of the project; and
(4) plow snow from and salt all City roads within the project that are not
subject to the City's winter control program,
to the sole discretion and satisfaction of the Director; Engineering & Public
Works. In the event it is determined by the Director, Engineering & Public Works
that Pre-Servicing Works are required to be done to satisfy the conditions above,
the Owner shall complete such Pre-Servicing Works within 24 hours of being
notified, in writing.
18. insurance
(1) Before commencing any of the Pre-Servicing Works set out in this
Agreement, the Owner shall supply the City with a completed "Certificate
7
41
42
ATTACHMENT#_)_ TO REPORT# )_r:c 9
.6-.of. 1_3 ·,. 1 .
of Insurance" in the form attached hereto as Schedule and which q;J -/ 'P
form will be provided by the City and satisfactory to the City, verifying that
a liability insurance policy is in place.
(2) As noted on the Certificate of Insurance, the policy shal~ include, among
other provisions,
(a) name the City of Pickering as an additional insured;
(b) set the minimum limit at $5,000,000.00 all inclusive for property
damage and personal liability;
(c) contain a clause including blasting, if blasting is to occur; and
(d) remain in full force and effect until the date on which insurance is.
put in place in accordance with the executed and registered
Subdivision Agreement has been issued by the City.
(3) The policy premium shall be paid initially for a period of one year and the
policy shall be renewed for further one-year periods until the date set out
in section 22(2)(d) above.
(4) The Owner acknowledges that; the City may, at its discretion, draw upon
the Owner's Letter of Credit to pay for:
(a) the Owner's policy premium to keep adequate insurance in place
until such time as the City has issued the Final Acceptance
Certificate; and
(b). the City's administration fee of $250.00, plus HST, per renewal,
if at any time, prior to the date set out in section 22(2)(d) above, the
insurance policy referred to above is cancelled.
(5) ·If the policy is subject to a deductible amount, the Security provided for by
the Owner to the City pursuant to this Agreement shall also be available to
be called upon by the City to pay for any amount required to be paid for by
the Owner as the Owner's deductible under the aforesaid insurance policy
and not otherwise paid for by the Owner.
(6) The provision of the insurance policy required by this section shall not
relieve the Owner from liability for claims not covered by the policy or
which exceed its limits, if any, for which the Owner may be held
responsible.
19. Owner's General Indemnity
The Owner shall indemnify the City from all losses, damages, costs, expenses,
claims, demands and actions of every nature and kind whatsoever, including
death or injury (collectively referred to as 'losses'), arising directly or indirectly
from the failure to construct the Pre-Servicing Works pursuant to this Agreement
or the Owner's failure to comply in all respects with all other requirements under
this Agreement, whether or not such losses are incurred by reason of negligence
or on the part of the Owner and whether such losses are sustained by the City,
the Owner, or their employees, workmen, servants, agents or any other person
or corporation.
8
20.
) AITACHMENT#-"--" _TO REPORT# ,Lt;:; 6 . o· .. , ;r
Occupational Health and Safety ( .of. 13 . . OJ< -'f
(1) The Owner certifies that it is aware of its duties and obligations under the
Occupational Heatth and Safety Act, or any successor thereto, and all
Regulations thereunder (in this section called the "Act"), and shall ensure
that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act;
and
(b) have sufficient knowledge and training to perform all Pre-Servicing
Works and services required pursuant to this Agreement safely and
in compliance with the Act. ·
(2) In the performance of all Pre-Servicing Works and services required
pursuant to this Agreement, the Owner shall,
(a) act safely and comply in cill respects with the Act; and
(b) ensure that its employees, contractors, subcontractors and their
employees act safely and comply in all respects with the Act.
(3) The Owner shall rectify any unsafe act or practice and any non-
compliance with the Act immediately upon being notified by any person of
the existence of such act, practice or non-compliance. ·
( 4) The· Owner shall permit representatives of the City on the site where any
works or services required pursuant to this Agreement are being
performed at any time or times for the purpose of inspection to determine
compliance with this section.
(5) No act or omission by the City or any representative of the City (including
the entering into of this Agreement) shall be deemed to be an assumption
of any of the duties or obligations of the Owner, its employees,
contractors, subcontractors and their employees under the Act.
(6) In addition to the Owner's general indemnification of the City, the Owner
shall indemnify and save harmless the City,
(a) from any loss, inconvenience, damage or cost to the City which
may result from the Owner or any of its employees, contractors,
subcontractors and their employees failing to act safely or to
. comply in all respects with the Act in the performance of any work
or service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought
against the City by any person arising out of any unsafe act or
practice or any non-compliance with the Act by the Owner or any of
its employees, contractors, subcontractors and their employees in
the performance of any work or service required pursuant to this
Agreement.
(7) The Owner agrees that no blasting shall take place on the Lands. In the
event that blasting becomes necessary, the Owner shall provide the City
with all necessary amendments to the insurance policy provided to the
City, in a form acceptable to the City's Treasurer prior to initiating any
such blasting on the Lands.
21. Pay Assurance
(1) In this section,
(a) "Prime Contract" means a direct contract with the Owner for the
construction of any of the Pre-Servicing Works;
9
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ATTACHMENT~ /.·_TO REPORT# ~b9
/0 .of.; ~ · . I)·'~-/!_
(b) "Prime Contractor" means the party contracting with the Owner --·· 0 ,y . y
under a Prime Contract;
(2) Where a Prime Contractor notifies the City, in writing, that monies are
payable in relation to any of the Pre-Servicing Works identified in a Prime
Contract, the City is hereby authorized to draw upon the securities posted
by the Owner. under this Agreement and place such funds in escrow .
provided;
(a) the Owner has notified the City, in writing, of the name of the Prime
Contractor prior to the commencement of construction;
(b) the Prime Contractor operates at arm's length from the Owner and
is not otherwise under the control of the Owner;
(c) the Owner has posted security in accordance with this Agreement;
(d) the Prime Contractor has delivered to the City a true copy of its
invoice addressed to the Owner for payment under the Prime
Contract; ·
(e) payment of the invoice has been outstanding for a period of at least
ninety-one (91) calendar days or such longer period of time as may
be set out for payment in the Prime Contract;
(f) the Owner's Consulting Engineer has certified,
(i) that the work invoiced to the Owner by the Prime Contractor
for which payment is sought has been completed satisfactorily in
accordance with the Owner's obligations under this Agreement;
(ii) the date upon which the Prime Contractor's invoice became
due and payable under the Prime Contract; and
(iii) that the Prime Contractor has performed all of its obligations
under the Prime Contract,
(g) the Prime Contractor has delivered to the City proof that it has
made a written demand for payment to the Owner to which the
Owner has not responded for a period of at least thirty (30) days
and beyond the ninety-one (91) day period set out in (e) above; and
(h) the Prime Contractor has executed a Release and Indemnity in a
form satisfactory to the City, releasing the City from any and all
claims the Prime Contractor may have against the City and
indemnifying the City against any and all claims for loss arising
from any source whatsoever resulting from the City's payment into
escrow arid agreement to be bound by the dispute resolution
process under the Arbitration Act, S.O. 1991, c. 17, as amended.
(3) The City shall not process a payment in favour of the Prime Contractor
unless the amount claimed is at least twenty-five thousand dollars
($25,000.00).
(4) The City shall be entitled to reimbursement of its administrative costs
which shall be deducted from each payment processed in favour of the
Prime Contractor in the amount of either $3,000.00 or 2% of each
payment processed, whichever is greater.
(5) The Owner shall not make any claims against the City and hereby
releases and agrees to indemnify the City of and from any claims arising
from the release of any funds drawn from the security posted by the
Owner or as a result of any action taken under this section.
10
ATTAcHrv1ENT,#~ ro REPORT#
(6)
II .ot. 13
Under no circumstances shall the City be obliged to draw down and pay
the full amount of security it holds under this Agreement. For greater
certainty, the City shall not be left with less than one hundred percent
(1 00%) of the value of uncompleted Pre-Servicing Works plus ten percent
(10%) of the value of all completed Pre-Servicing Works.
(7) If the City makes payments to the Prime Contractor in accordance with
this Agreement, the Pre-Servicing Works for which the Prime Contractor
receives payment from the City out of the Owner's security shall be
credited toward the Owner's obligations under this Agreement Jess ten
percent (10%) on account of maintenance and less applicable
administrative charges (as outlined in subsection (4).
(8) The procedure set out in this section shall have no application in cases
where the installation of the Pre-Servicing Works is done prior to execution
of this Agreement.
(9) The Owner shall make explicit reference to these pay assurance
provisions in any Prime Contract.
(1 0) The City shall have no obligation to pay the Prime Contractor except in
accordance with this section.
(11) If for any reason the City has released securities or is unable to cash or
access the Letter of Credit, there shall be no claim against the City
available to a Prime Contractor.
(12) The disputed payment under the Prime Contract shall be submitted to
arbitration pursuant to the Arbitration Act, S.O. 1991, c.17, as amended.
(13) The City shall pay monies out of escrow in accordance with. the final
award under the Arbitration Act, S.O. 1991, c.17, as amended.·
22. Payment of Liens and Other Claims
(1) The Owner shall discharge or vacate any liens or claims filed with the City
or registered on title to any City-owned lands within thirty days of being
requested to do so by the City.
(2) At the end of the maintenance period, as extended during any rectification
period, the Owner shall file with the City a Statutory Declaration stating
that,
(a) all materials have been supplied and all services and Pre-Servicing
Works have been completed with respect to the construction and
installation of Pre-Servicing Works and other services;
(b) all accounts for work· or service performed and materials placed or
furnished upon or in respect of the construction and installation of
Pre-Servicing Works and other services have been fully paid and
satisfied and no person is entitled to ciaim a lien under the
Construction Lien Act against the City or any City-owned land;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owed by the Owner or claimed against it for
unemployment insurance deductions, income tax deductions, or by
way of contribution or assessment under the Workplace Safety and
Insurance Act, 1997;
(e) the Owner has not made any assignment for the benefit of
creditors, nor has any receiving order been made against it under
the Bankruptcy Act, nor has any petition for such an order been
served upon the· Owner; and
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i\TTACHIY!Ef~T# · ) TO REPORT# lt::;; (_~
!CJ-f I '/ c . \ ;_
(f) 45 days have passed since the completion of the construction, · .O · _"";) (i -( \{...)
installation, and last rectification of the Pre-Servicing Works and
services.
23. ·Payment of Interest on Overdue Amounts
The Owner shall pay interest at the rate of 15 percent per year to the City on all sums of
money payable hereunder which are not paid on the due dates calculated from such
due dates.
24. General Provisions
(1) The recitals at the head of this Agreement are true and accurate and form
a part hereof .
. (2) The parties hereto may only amend this Agreement by further agreement
in writing executed by all parties hereto.
(3) All references to currency in this agreement shall be references to
Canadian dollars.
(4) Words importing gender include all genders.
(5) The captions and headings contained herein are for reference only and in
no way affect this Agreement or its interpretation.
(6) In the event that any date specified or any date contemplated in this
Agreement shall fall upon a day other than a Business Day, then such
date shall be deemed to be the next following Business Day.
(7) This Agreement shall be construed and enforced in accordance with the
laws of the Province of Ontario and the laws of Canada applicable thereto
and shall be treated in all respects as an Ontario contract.
(8) The Agreement shall enure to the benefit of and shall be binding upon the
parties and their respective heirs, successors and permitted assigns.
(9) This Agreement shall be registered against title to the Lands forthwith
upon its execution by al! parties.
(10) The Owner shall execute such further assurances as may be reasonably
necessary to give effect to this Agreement.
(11) Whenever in this Agreement the pronoun "it" is used, it shall be read and
construed as "he", "she", "they",·"him", "her" or "them", and the number of
the verb agreeing therewith shall be construed accordingly.
(12) Any reference made in this Agreement to a Director, it shall include the
Director or his/her designate.
(13) Schedules __ . attached hereto shall form part of this Agreement.
25. Binding Parties
This Agreement shall be enforceable by and against the parties hereto, their
heirs, executors, administrators, successors and assigns, and the Agreement
and all the covenants by the Owner contained herein shall run with the Lands for
the benefit of the City and the land or interests in land owned by the City upon
· the registration of the plan.
26. Notice
(1) Any notice required to be given in this Agreement shall be in writing, as
foliO\YS:
12
PLN 02-16
Subject: Pickering Nuclear Generating Station -
Status of Activities
February 8, 2016
Page 2
In response to the original announcement, the City retained HDR Corporation to
undertake an economic and financial impact study to understand how the retirement will
impact The Corporation of the City of Pickering, and its local businesses. This Study
was funded by OPG and managed by the City. The Study's key findings were: that the
economic impact of the retirement of PNGS will be distributed across the Greater
Toronto Area; that the Seaton employment lands will play a critical role in offsetting job
losses from the retirement of PNGS; and that annual Payments in Lieu of Property
Taxes (PIL Ts) that are retained by the City of Pickering start to decline after closure of
the station. The projected loss in PIL Ts is based on information provided by OPG that
has not been·confirmed or verified by staff.
A copy of HDR's study has been provided under separate cover. The Executive
Summary of the Study is provided as Appendix I.
It is recommended that Council receive the results of the HDR Report and that staff
continue to monitor the various activities related to the retirement of PNGS and report
back to Council.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report.
Discussion
1.0 The Pickering Nuclear Generating Station is expected to shutdown in 2024
In 2010, the Province of Ontario announced that the Pickering Nuclear
Generating Station (PNGS) would not be refurbished and that its shutdown be
planned for 2020. Since then, the operator, Ontario Power Generation (OPG)
has undertaken technical work and investigations into safely extending the life of
the station.· An environmental assessment and integrated safety report
confirmed the strength of the station's condition for continued operation past
2020. In January 2016, the Province announced that the operation of the station
will be extended to 2024 to ensure the generation of electricity during the
upcoming refurbishments of the Darlington and Bruce nuclear plants.
After shutdown, work will begin to place the station in a safe storage state. Safe
storage involves removing the fuel from the reactors and draining the water and
liquids from most systems in the station. After approximately 30 years of safe
storage, the next step in the process is dismantling of the structures, with the
final step of restoring the site to a developable state. As the full process takes
several decades, the site is not expected to be ready for full reuse until after
2065. However, some existing structures and areas of the site outside of the
protected area may become available earlier for reuse.
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PLN 02-16
Subject: Pickering Nuclear Generating Station -
Status of Activities
February 8, 2016
Page 3
1.1 OPG will present extended operations and decommissioning plans as part
of their license renewal in 2018
PNGS' current five year operating license expires on August 31, 2018. Extended
operations and decommissioning plans will be part of OPG's next license renewal
application to the Canadian Nuclear Safety Commission (CNSC). Staff will
continue to monitor the license renewal approval process and report to Council
as required.
2.0 Used nuclear fuel is stored on an interim basis at the Pickering Waste
Management Facility
The Pickering Waste Management Facility is located within the protected area of
the PNGS. Used nuclear fuel resulting from the operation of the station is
processed and securely stored at the facility on an interim basis. Other waste
from the operation of the station is shipped to the Western Waste Management
Facility in Kincardine and will continue to be shipped to the Kincardine facility
throughout the safe storage and decommissioning periods.
2.1 Nuclear waste will be permanently stored at deep geological repositories
that have yet to be built
· Ultimately, all used fuel currently stored at the Pickering waste facility and any
future waste from the decommissioning and dismantling of the station will be
transferred and permanently stored at one of two proposed deep geological
repositories. One repository is for low and intermediate level of nuclear waste,
and the other is for high level waste.
In November 2015, the federal government announced that a decision on OPG's
proposed deep geological repository near the Bruce nuclear site to permanently
store low and intermediate level nuclear waste will be delayed until March 2016.
The earliest that construction of the OPG deep geological repository could start is
in 2018/2019.
Used nuclear fuel currently stored at the Pickering waste facility and future used
fuel resulting from the extended operations of the station will be stored at the
deep geological repository to be proposed by the Nuclear Waste Management
Organization (NWMO). The earliest that this facility may be available is in 2043.
Once the used fuel deep geological repository is in operation, fuel will be
transported from the Pickering waste facility through the City to the permanent
deep geological repository. It is expected that all used fuel will be removed from
the Pickering site before completion of decommissioning. Staff will monitor the
progress of the NWMO and OPG deep geological sites and will report back to
Council at important milestones.
PLN 02-16
Subject: Pickering Nuclear Generating Station -
Status of Activities
February 8, 2016
Page 4
2.2 The Pickering Waste Management Facility is proposed to be expanded to
accommodate used fuel from its operations
In preparation for the station's shutdown and decommissioning, OPG is
assessing plans that could result in an application for an amendment to the
Pickering waste facility license to construct a new replacement processing
building, and a new used fuel dry storage building.
The Pickering waste facility holds a ten year Class 1 B Waste Facility Operating
License that is valid until March 31, 2018, and which is separate from the license
for the PNGS operations. OPG's future plans for the waste facility will be
presented to the CNSC in their license renewal application in 2017/2018.
3.0 Ontario Power Generation's Repurposing Study is to develop a long-term
strategy and action plan
OPG owns approximately 200 hectares of land on or directly adjacent to the
PNGS plus 1 00 hectares of water lots. This includes lands that are currently
leased to Hydro One and licensed to the City for park land and recreational use.
The Repurposing Pickering Study initiated by OPG is intended to gather
information and ideas from the community to develop a long-term strategy and
action plan for repurposing available lands during and after decommissioning.
Guiding principles of the Study include ensuring the reuse of the site continues to
benefit both OPG and the surrounding communities, is consistent with OPG's
decommissioning and used fuel management obligations, and that flexibility is
retained for long-term uses once decommissioning has been completed.
3.1 City staff are engaged in the development of a long-term strategy
Staff from City Development and Engineering & Public Works departments along
with representatives from the broader business, research, energy, transportation,
~ealth, and environmental communities are participating on a Technical Advisory
Committee. The purpose of the Committee is to provide advice on future land
use options.
A preliminary assessment of more than 600 land use opportunities identified
during a series of public engagement activities has been completed. The options
recommended for further study all relate to the following four land use categories:
power related; recreational; industrial; and institutional. Options related to
residential, retail and commercial office land uses were not recommended for
further study as these were deemed unsuitable during the decommissioning
period. The Study's next steps include the development of scenarios for a long-
term strategy and action plan to be presented to OPG's Board of Directors.
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PLN 02-16
Subject: Pickering Nuclear Generating Station-
Status of Activities
February 8, 2016
Page 5
4.0 The City has undertaken an initial review of the economic and financial
impact on the City of the retirement of Pickering Nuclear Generating Station
In late 2013, following a commitment from OPG to fund a City managed study,
the City retained HDR Corporation to undertake an economic and financial
impact study. The Executive Summary of the Study is attached (see Executive
Summary, Appendix 1). ·The purpose of the study was to assess and estimate
the economic and financial impact on the City of Pickering. The retirement of the
station is scheduled to take over 40 years and involves shutdown, safe storage,
decommissioning and site restoration. This Study looked at the five year period
leading up to shutdown and then the subsequent five year period where the site
is prepared for safe storage and decommissioning. An economic and financial
model was developed using data collected by the City and OPG, to assess the
impacts on the City.
4.1 A key finding of the study shows that the retirement of PNGS is not
expected to significantly impact Pickering residents and local businesses
Because of Pickering's diversified local economy, HDR's analysis concluded that
the impact from the retirement of the station will not significantly impact local
, businesses and residents. As well, since only 8% of PNGS employees reside in
Pickering, the analysis concluded that the economic impact of the retirement of
the station will be distributed more broadly across the Region of Durham and the
GTA than the City of Pickering.
The analysis also noted that the Seaton employment lands will play an important
role in further diversifying Pickering's economy and offsetting job losses from the
station's closure. HDR recommended that the City continue to work with and
engage the Province of Ontario in marketing and promoting the Seaton
employment lands to attract high skilled and well paying jobs to the City. The
City is currently undertaking a sector analysis study for the Seaton employment
lands. The purpose of that study is to identify potential target sectors for the
employment lands in Seaton. Staff is preparing a subsequent report to Council
on this report.
4.2 Although the shutdown of the station may not have a significant economic
impact on the City, it could have a significant financial impact
On most of OPG's lands, instead of paying property taxes to the Region of
Durham and the City of Pickering, OPG makes payments in lieu of property taxes
(PIL Ts). OPG does pay property tax for the lands the City leases for park use.
However, the City reimburses OPG for all of the property taxes including the
Regional share. According to OPG, the annual PIL Ts collected by the City is
expected to steadily decline over the study period by approximately $0.5 million
after shutdown, and significantly more by the end of the decommissioning period.
PLN 02-16
Subject: Pickering Nuclear Generating Station -
Status of Activities
February 8, 2016
Page 6
This projected loss in PIL Ts is significant and is based on information provided
by OPG that ha.s not been confirmed or verified by staff. There is the risk that the
loss of PIL Ts could be even greater. As the time gets closer to the (now) 2024
shutdown, the City may need to retain qualified experts to review the potential
financial impact on the City of the closure and decommissioning of the station.
In the longer term, there may be an opportunity at PNGS to offset or replace the
loss of PILTs caused by the shutdown of the plant by strategically repurposing
the site. In addition, construction of long-term facilities for interim waste
management may add a new source of assessment.
5.0 Future Reporting to Council
To ensure that Council is kept up to date on activities related to the retirement of
the PNGS, staff will report at key stages during the station's extended operation,
shutdown, decommissioning, and repurposing.
Appendix
Appendix I Executive Summary, Economic and Financial Impact of the Retirement
of Pickering Nuclear Generating Station Report, prepared by
HDR Corporation, dated June 2015
53
Executive Summary
Appendix I to
Report PLN 02-16
Economic and Financial Impact of the
Retirement of Pickering Nuclear Generating Station Report
55
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City of Pickering 1 Economic and financ/sl /mpsct of the retirement of Pickering Nuclear Generating Station L "\,.
FINAL REPORT r J ~
impact of the retirement of PNGS will be distributed across the Greater Toronto Area
("GT A"), Durham Region and other parts of Ontario where employees of PNGS and
employees of contractors and suppliers of PNGS live.
It is also important to assess the retirement of PNGS within some of the broader trends
impacting Pickering. The development of Seaton in central Pickering will dramati~ally change
the City's population composition and employment profile. Seaton is expected to increase
Figure 2-Map of City of Pickering with location of
Seaton Community
I UX:!IIIIMI: 't
Pickering's population by up to
70,000 people and gen~rate up to
35,000 jobs. Even if PNGS was to
remain commercially operating, the
development of Seaton and th.e
jobs that would be created as a
result would likely decrease the
importance of PNGS to Pickering's
economy and labour market and
help diversify Pickering's economy.
In this regard, the Province of
Ontario -as the owner of
substantial employment lands in
Seaton -has an opportunity to
play a key role in offsetting job
losses from the retirem13nt of
PNGS by directing and
delivering highly-skilled, well-
paying jobs to the Seaton
community from the outset of
that development
'
··-·-·-·-·-·-·-·-·-·-·-l __ , -·-·-
-.... ".!.. -;r~!!!.,. • I
. ....
With respect to PNGS's financial p~ve'~JOJ.....~ ~"h
impact to the City, in 2015, PN~S ~~(,
made Payments in Lieu of Property
1 \~lillY
·-·-·-· .. --, .
• J
' 1., .
L • I
Taxes of $4.9 million. The City of Pickering retains approximately 60% of these payments-
approximately $3.0 million, which represents an important part of the City of Pickering's overall
revenues. Based on OPG's projections, annual Payments in Lieu of Property Taxes that
are retained by the Corporation of the City of Pickering are expected to decline by
roughly $0.5 million in or by 2025 and significantly more by the end of the
decommissioning period. As of the date of this report, OPG is in the process of assessing
various repurposing options for the PNGS site. There may be an opportunity for OPG to
reduce a potentially significant loss of annual Payments in Lieu of Property Taxes to the ·
City through the appropriate selection of repurposing options at the PNGS site.
3 58
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