Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

February 03, 2022

CASE NO(S).:

PL210157

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Referred by:

1972380 Ontario Limited & 1219414 Ontario Limited

Subject:

Site Plan

Property Address/Description:

434 & 480 Steeles Avenue West

Municipality:

City of Vaughan

OLT Case No.:

PL210157

OLT File No.:

PL210157

OLT Case Name:

1219414 Ontario Limited v. Vaughan (City)

Heard:

January 31, 2022 by telephone conference call

APPEARANCES:

Parties

Counsel

1972380 Ontario Ltd. and 1219414 Ontario Ltd. (“Appellant”)

Alan Heisey

City of Vaughan

Effie Lidakis

MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON JANUARY 31, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Appellant has submitted a site plan application to the City of Vaughan to permit the development of both 434 and 480 Steeles Avenue West with a new car Jaguar/Land Rover dealership building and associated parking and loading area while retaining the existing BMW AutoHaus dealership building.

2The Tribunal issued an Interim Order dated September 20, 2021, approving the plans and drawings as submitted, subject to minor revisions.

3The final order of the Tribunal was to be withheld until a number of conditions were satisfied, listed briefly as follows:

• Confirmation that 434 and 480 Steeles Avenue West have merged, and

• The Owners are to execute and deliver a Letter of Undertaking prior to their corporate amalgamation, and

• The Owners are to submit a fully executed retainer agreement to prepare a Record of Site Condition, and

• Submit a draft reference plan of survey for the right-of-way transfer, and

• Execution of the Site Plan Agreement

4On consent of the Parties, it was agreed at the outset of the telephone conference call that the first four conditions as noted above have been fully complied with and are no longer an issue.

5Mr. Heisey made reference to recent correspondence from the City of Toronto, requesting that the City of Vaughan not register the Site Plan Agreement until such time as certain conditions are met to the satisfaction of the City of Toronto. These conditions were inserted as Schedule F to the draft Site Plan Agreement prepared by the City of Vaughan.

6Mr. Heisey stated that these conditions were not acceptable to the Appellant as they would, in fact, become pre-conditions to Site Plan Approval which was already ruled out by the Tribunal in its Decision dated September 20, 2021.

7The Tribunal received a revised draft of Schedule F prior to the Hearing, which removed the requirement to the deferral of registering the Site Plan Agreement, and this revised draft was agreed to on consent of both Parties.

ORDER

8The Tribunal Orders that the pre-approval conditions 1-4 in the Tribunal’s Decision of September 20, 2021 have been satisfied by the Applicants.

9The form of Site Plan Agreement forwarded to the Tribunal by the City of Vaughan, attached to this Decision as Appendix A, is approved by the Tribunal, subject to the amendments sought by the Applicants to Schedule F, attached to this Decision as Appendix B, and the City of Vaughan’s amendment to the date of the final approval of the plans and drawings to be inserted upon the issuance of the Tribunal’s final Order.

10Upon being advised by the City of Vaughan that it is in receipt of a duly executed Site Plan Agreement as approved by this Decision, the Tribunal’s final Order approving the plans and drawings and the Site Plan Agreement as amended above will issue.

11The Tribunal notes that the Site Plan Agreement as executed by the Applicants will be registered by the City of Vaughan subject to the City of Vaughan’s standard requirements for posting of letters of credit, payment of fees, etc.

12This Member is not seized, but may assist with case management, schedules permitting.

13No further notice will be given.

“T. Prevedel”

T. PREVEDEL

MEMBER

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

APPENDIX A

AMENDING SITE PLAN AGREEMENT

THIS AGREEMENT DATED THE DAY OF 2022

THE CORPORATION OF THE CITY OF VAUGHAN

AGREEMENT MADE PURSUANT TO

SECTION 41 OF THE PLANNING ACT

BETWEEN:

THE CORPORATION OF THE CITY OF VAUGHAN

hereinafter called “Vaughan”

OF THE FIRST PART

• and ‑

480 STEELES WEST LIMITED

collectively called the “Owner”

OF THE SECOND PART

WHEREAS:

A. 480 Steeles West Limited warrants and represents that it is the owner of the lands in the City of Vaughan, municipally known as 434 Steeles Avenue West and 480 Steeles Avenue West, and legally described on Schedule “A1” and illustrated on Schedule “B1”, attached hereto and hereinafter referred to collectively as the “Lands”;

B. Council has enacted By‑law 123-2013, designating the whole of the Municipality of the City of Vaughan as a Site Plan Control Area;

C. This Amending Agreement is entered into pursuant to Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended;

D. 1972380 Ontario Limited and 1219414 Ontario Limited were the owners of the lands in the City of Vaughan, municipally known as 434 Steeles Avenue West and 480 Steeles Avenue West, respectively. 1972380 Ontario Limited and 1219414 Ontario Limited amalgamated effective January 1, 2022 resulting in a new amalgamated company named 480 Steeles West Limited owning the combined property. An Application to Change Name-Owner was registered on title to each of 434 Steeles Avenue West (YR3362834 registered on January 5, 2022) and 480 Steeles Avenue West (YR3362835 registered on January 5, 2022) to change the name of the registered owner to 480 Steeles West Limited.

E. City of Toronto is the owner of the Steeles Avenue right-of-way;

F. Vaughan, and John G. Farintosh Limited, Lynn E. Beaumont and Christina D.G Beaumont, and Precision Small Parts Limited as Lesee, entered into a site plan agreement (DA.14.90) in respect of the lands municipally known as 434 Steeles Avenue West dated November 20, 1978 and registered in the land registry office for the registry division of the City of Toronto on December 20, 1978 as Instrument No. VA82450, which is in full force and effect (the “434 Steeles Avenue West Site Plan Agreement”);

G. Vaughan and 1219414 Ontario Limited entered into a site plan agreement (DA.99.070) in respect of the lands municipally known as 480 Steeles Avenue West dated October 17, 2001 and registered in the land registry office for the registry division of York on October 25, 2001 as Instrument No. YR67558 (the “480 Steeles Avenue West Site Plan Agreement”);

H. Vaughan and 1219414 Ontario Limited entered into a Letter of Undertaking (DA.12.023) in respect of the lands municipally known as 480 Steeles Avenue West dated June 28, 2013 to facilitate a building addition (the “480 Steeles Avenue West Letter of Undertaking”);

I. On April 27,2018, 1972380 Ontario Limited applied for and Vaughan approved certain minor site plan revision (DA.18.008) namely for elevation changes to the existing building (the ‘434 Steeles Avenue West Minor Revision Approval Letter);

J. The 434 Steeles Avenue West Site Plan Agreement, 480 Steeles Avenue West Site Plan Agreement, 480 Steeles Avenue West Letter of Undertaking, and the 434 Steeles Avenue West Minor Revision Approval Letter are hereby collectively called the “Site Plan Agreements”;

K. 1972380 Ontario Limited and 1219414 Ontario Limited have jointly applied to Vaughan (File DA.20.003), which was appealed to the Ontario Land Tribunal (File PL210157). As a result of the appeal the parties are required to further amend the Site Plan Agreements and to delete, replace and add new Schedules to the Site Plan Agreements in accordance with the terms and conditions set out in this agreement (this “Amending Agreement”).

NOW THEREFORE, in consideration of the covenants herein contained, the Owner and Vaughan hereby mutually covenant and agree as follows:

GENERAL CONDITIONS

1. The Site Plan Agreements between the Owner and Vaughan which are in full force and effect and are hereby amended as follows:

i. 434 Steeles Avenue West Site Plan Agreement:

a) Delete Schedule “A” and replace with the Drawings listed on Schedule “C1” attached hereto.

b) Delete Schedule "B” in its entirety.

ii. 480 Steeles Avenue West Site Plan Agreement:

a) Delete Schedule “A” and replace with Drawing “2” listed on Schedule “C1” attached hereto.

b) Delete Schedule “C” and replace with Drawings “4”, “5”, and “6” listed on Schedule “C1” attached hereto.

c) Delete Schedule “X” and “Y” in its entirety.

iii. 480 Steeles Avenue West Letter of Undertaking

a) Delete item “1” on Schedule A and replace with Drawing 1 on Schedule “C1” attached hereto.

b) Delete item “4” and “5” on Schedule A and replace with Drawings “4”, “5”, and “6” on Schedule “C1” attached hereto.

iv. 434 Steeles Avenue West Minor Revision Approval Letter

a) Delete approved drawings “1” and “2” of the for 434 Steeles Avenue West attached thereto and replace with the Drawings listed on Schedule “C1” attached hereto.

v. Adding the following Schedules:

a) “A1”, “B1”, “C1”, D1”, “F”, “X” and “Y”.

2. The Site Plan Agreements shall further be amended to add the following terms and conditions outlined in the Sections noted below. In the event of any inconsistency, conflict, or ambiguity as to the rights and obligations of the parties under this Amending Agreement and the Site Plan Agreements, the terms of this Amending Agreement shall control and supersede any such inconsistency, conflict or ambiguity.

3. The Owner shall develop the Lands in accordance with the drawings listed on Schedule “C1” attached hereto (the “Works”) and shall not use any area of the Lands for any purpose other than the use designated on the said Schedules.

4. Prior to issuance of a Building Permit, the Owner shall ensure completion of all conditions required by Schedule “X”, attached hereto.

5. The Owner shall complete and maintain all building elevations in accordance with the elevation drawings listed on Schedule “C1”, attached hereto.

6. The Owner shall complete grading, sodding, landscaping, fencing, parking, and curbing in accordance with the landscape drawings listed on Schedule “C1”, attached hereto, within three (3) months of the date of the first occupancy of the building(s). If occupancy occurs between November 1 and April 30, completion is required within two (2) months of April 30. The Vaughan Development Engineering Department in conjunction with the Vaughan Development Planning Department may waive the provision with regard to sodding and landscaping if adverse weather conditions or material shortages exist.

7. Prior to the release of the Letter of Credit, the Owner shall ensure completion of all conditions required by Schedule “Y”, attached hereto.

8. All outside lighting erected on the Lands shall be diffused and directed downward and inward from adjacent land uses and public streets. If, in the opinion of the Vaughan Development Engineering Department or other authorities having jurisdiction over adjacent residential areas and public streets, lighting shields are necessary to stop direct peripheral lighting to such areas and streets, then the Owner shall erect same forthwith.

9.i) Should the development of the Lands, in accordance with this Amending Agreement, require the installation of services on or access over a public road allowance or public lands, the Owner shall restore the road allowance or Lands to their former condition and shall repair all damage to the satisfaction of the Vaughan Development Engineering Department. Should the Owner fail to restore the affected area when required by and to the satisfaction of Vaughan, the work may be done by Vaughan at the Owner's expense.

9.ii) The Owner shall keep all public and private lands, roads, sidewalks and public rights-of-way used for access or adjacent to the Lands in good, mud and dust free condition and free from debris, junk, rocks, refuse, rubbish, litter, fill and building and servicing materials during the construction of services and buildings.

9.iii) The Owner shall maintain all roadways, sidewalks, ditches, catch-basins, watermains, storm and sanitary sewers and appurtenances adjacent to the Lands clean and free from disturbance by site development operations during the construction of services and buildings.

9.iv) If the Owner fails to comply with Subsections 9.i), 9.ii) and 9.iii) to the satisfaction of Vaughan, the Vaughan Development Engineering Department may, after 24 hours written notice, undertake the work that it deems to be necessary at the expense of the Owner. In the case of an emergency as determined by the Vaughan Development Engineering Department, the work may be undertaken without notice. Should Vaughan be involved, the following rate shall apply:

(a) where Vaughan forces are used, the greater of 2.5 times the cost of Vaughan crew and equipment used to complete the Works or 8 hours of Vaughan crew and equipment costs.

(b) where Vaughan retains independent contractors - cost times 2.0.

Note: Where the actual cost exceeds $30,000.00 the upset limit to be charged shall be the actual cost plus the greater of 15% or $15,000.00.

The Owner shall pay Vaughan within 30 days of demand and, if payment is not made, Vaughan may recover its charges from the Letter of Credit.

9. The Lands shall be serviced by underground hydro. The Owner shall construct the facilities and appurtenances to the satisfaction of Alectra Utilities Corporation.

10. Prior to commencement of the Works on the Lands, the Owner shall arrange a site meeting with representatives of the Vaughan Development Engineering Department to advise Vaughan of the intended construction schedule, contact names and telephone numbers and details of means to protect and keep clean roadways, municipal services and properties beyond the Lands.

11. The Owner shall control and minimize erosion on-site and in downstream areas during and after construction. The Owner shall install and maintain siltation and erosion control devices at its expense, to Vaughan’s satisfaction. Following completion of construction, and establishment of adequate ground cover to prevent erosion, the Owner shall remove the foregoing devices.

12. The Owner shall install and maintain paved construction access to the Lands. Any sidewalk adjacent to the Lands shall be maintained in a safe and useable condition by the Owner for the duration of the construction.

13. The Owner shall pay to the City of Vaughan by way of certified cheque, cash-in lieu of parkland equivalent to 2% of the value of that portion of the Subject Lands, being 434 Steeles Avenue West and that small portion of 480 Steeles Avenue West to be occupied by the new building, in respect of the proposed redevelopment related to Site Plan Application File DA.20.003, prior to the issuance of a building permit, in accordance with Section 42 of the Planning Act, subject to Vaughan By-law No. 139-90 as amended and rights to appeal. The Owner shall submit an appraisal of the portion of the Subject Lands that are to be redeveloped prepared by an accredited appraiser to the Vaughan Real Estate Department, and the approved appraisal shall be the basis of the cash-in-lieu payment;

14. The Owner agrees to implement the policies contained in Vaughan's approved “Waste Collection Design Standards Policy” as prepared by the Vaughan Public Works Department and approved by Council on October 24, 2017, and the information provided in the “Waste Collection Design Standards Submission”, attached hereto as Schedule “D1”, which identifies among other matters, the method of collecting waste, recycling and organic materials; number and size of bins; collection access route; internal storage room for garbage, recycling and other waste materials; and the designated loading (collection) area, to the satisfaction of the Vaughan Public Works Department.

15. The Owner shall indemnify and save harmless Vaughan, its employees, agents, contractors and elected officials, from all actions, cause of actions, suits, claims, demands, costs, fees, charges, fines, expenses, obligations, losses, liability, death or injury of any kind (collectively, “Claims”), including legal fees and disbursements to defend the Claims, for which Vaughan may become liable or suffer, arising directly or indirectly from this Amending Agreement, the Site Plan Agreements, the Works and/or the Discharge Permit and the Discharge and Related Works, except to the extent caused or contributed by the sole negligence of Vaughan or any other person for whom Vaughan is responsible for at law. In no circumstances Vaughan shall be liable, by reason of this Amending Agreement, the Site Plan Agreements, the Discharge Permit, the Discharge and Related Works, or the Owner’s breach of its obligations under those agreements, under any theory or tort, contract, strict liability or other legal theory for lost profits, lost revenues, lost business opportunities, loss of goodwill, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether such damages were foreseeable or whether any party or any entity has been advised of the possibility of such damages. Notwithstanding anything in this Amending Agreement to the contrary, the Owner’s indemnity set out herein shall survive any termination or release in whole or in part of this Amending Agreement. The Owner covenants and agrees not to make any Claims or take any proceedings against any person or corporation which might claim contribution and/or indemnity against Vaughan under the provisions of any contract, agreement, statute or otherwise.

16. Without limiting the above noted indemnification, upon execution of this Amending Agreement, the Owner shall file a certificate with the Vaughan Office of the City Clerk, showing that the Owner is carrying public liability insurance in an amount specified in Schedule “X”, attached hereto, and that Vaughan is named as additional insured. The said Insurance Certificate shall remain in effect until such time as the Letter of Credit is released by Vaughan.

17. No waiver of any of the provisions of this Amending Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. Any waiver of, or consent to depart from, the requirements of any provisions of this Amending Agreement shall be effective only if it is in writing and signed by an authorized representative of the party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of any party to exercise, and no delay in exercising, any right under this Amending Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.

18. The Owner shall pay to Vaughan all applicable Development Charges in accordance with the Development Charges By-laws of Vaughan, York Region, York Region District School Board, and York Catholic District School Board, prior to the issuance of a Building Permit.

19. The Owner acknowledges that Vaughan has Species at Risk within its jurisdiction which are protected under the Endangered Species Act. 2007, S.O.2007. The Owner is required to comply with Ministry of Natural Resources and Forestry regulations and guidelines to protect these species at risk and their habitat. The Owner acknowledges that, notwithstanding any approvals made or provided by Vaughan in respect to the Lands, the Owner must comply with the provisions of the Endangered Species Act, 2007.

SPECIAL CONDITIONS

20. Should archeological resources be found on the Lands during construction activities, the Owner must immediately cease all construction activities and notify the Ontario Ministry of Tourism, Culture and Sport and the Vaughan Development Planning Department, Urban Design and Cultural Heritage Division. If human remains are encountered during construction activities, the Owner must immediately cease all construction activities. The Owner shall contact the York Region Police Department, the Regional Coroner and the Registrar of the Cemeteries and Crematoriums Regulation Unit of the Ministry of Government and Consumer Services for the purposes of determining whether any future investigation is warranted and complete any such investigation prior to the resumption of construction activities.

21. The Owner shall provide Vaughan’s Development Engineering department with written confirmation that the construction and alignment of the shoring and retaining wall structures bounding the Lands, as required, will not encroach the neighboring properties, unless written consent of the encroachment from the respective neighboring property Owner(s) is obtained. Any written consent obtained shall be forwarded to Vaughan for review and record.

22. Prior to the discharge of any water originating from a source other than Vaughan’s water supply, including water originating from groundwater accumulating or collected on private lands (“Private Groundwater”) from the Lands into Vaughan’s storm sewer system, the Owner shall obtain a Discharge Permit for Long-Term Ground Water Discharge (“Discharge Permit”) from Vaughan and install all works to carry out such discharge (“Discharge and Related Works”) in accordance with the terms and conditions of the Discharge Permit, all to Vaughan’s satisfaction.

23. The Owner’s right to discharge Private Groundwater from its Lands into Vaughan’s sewer system is subject to the following conditions:

(a) The Owner is and continues to remain in good standing under this Amending Agreement and the Discharge Permit, which includes but is not limited to the Owner’s satisfactory payment of any rate, charge, fee or fine due and owing to Vaughan pursuant to any City enacted by-law; and

(b) The Discharge and Related Works shall be in compliance of all terms and conditions of this Amending Agreement, the Discharge Permit and the Sewer Use By-Law 087-2016, as amended.

In the event of the Owner’s failure to comply with any of the above noted terms and conditions, Vaughan shall immediately suspend, terminate or revoke any discharge privileges granted under this Amending Agreement and the Discharge Permit.

24. The Owner shall satisfy all the obligations identified in Schedule “F” to the satisfaction of the City of Vaughan.

25. The Owner agrees to all the Regional Municipality of York conditions and advisory requirements in their letter dated August 18, 2021.

26. The Owner shall obtain final clearance from Alectra Utilities Corporation, Bell Canada, Canada Post, Enbridge Distribution Inc. and Hydro One.

27. Prior to occupancy and use of the building, the Registered Owners shall submit to the City of Vaughan’s Development Engineering Department a copy of the Ministry of Environment, Conservation, and Parks (MECP) Record of Site Condition (RSC), and all environmental site assessment reports thereto including reliance to the City, prepared by a Qualified Person as defined under O. Reg. 153/04, as amended, which has been filed on the Environmental Site Registry, for lands at 434 Steeles Avenue West, which RSC will confirm the successful implementation of the Remedial Action Plan dated August 18, 2021 prepared by EXP Services Inc. The City of Vaughan will not oppose the issuance of a building permit on account of no RSC being filed.

28. In the event that remediation is required to extend beyond the limit of impacts identified in the Remedial Action Plan dated August 18, 2021 prepared by EXP Services Inc. resulting in significant timing and cost implications to the RSC, the City of Vaughan’s Development Engineering Department will accept the submission of an environmental risk evaluation approach prepared by a Risk Assessment Qualified Person as defined under O. Reg. 153/04, as amended to the City’s satisfaction, in lieu of the condition of filing for an MECP RSC.

29. The Owner shall obtain the necessary Temporary Dewatering Permits from the City of Vaughan’s Environmental Services department prior to any dewatering activities.

REGISTRATION OF AGREEMENT

30. This Amending Agreement with the Schedules shall be registered upon the title to the Lands. The covenants, agreements, conditions, undertakings, and schedules herein contained on the part of the Owner shall run with the Lands and shall be binding upon it, its successors, or assigns as owners from time to time. The Owner hereby appoints its successors or assigns as its attorney and agent with full authority to enter into any agreement with Vaughan to amend this Amending Agreement in any way that is mutually agreeable.

31. Prior to registration of this Amending Agreement, the Owner shall pay to Vaughan’s Office of the City Clerk all costs to register this Amending Agreement. The Owner further agrees to pay to Vaughan’s Office of the City Clerk any further costs incurred by Vaughan as a result of the registration of this or any other document pursuant to this Amending Agreement. Vaughan shall be authorized to sign and register electronically on the Owner’s behalf, all documents related to the registration of this Amending Agreement in accordance with this Section.

32. Prior to the final execution of this Amending Agreement, the Owner shall, at its sole and expense, procure and provide draft postponements, and the necessary executed acknowledgement and direction(s), of any and all interests which Vaughan Legal Services requires to ensure that this Amending Agreement shall have priority over any other interest in the Lands. Upon registration of this Amending Agreement, such postponement(s) shall be registered on title to the Lands, all to the satisfaction of Legal Services and at the Owner’s sole cost and expense.

NOTIFICATION

33. If any notice is required to be given by Vaughan to the Owner with respect to this Amending Agreement, such notice shall be delivered, mailed or faxed to:

480 Steeles West Limited

220 Steeles Avenue West

Vaughan, ON L4J 1A1

ATTENTION: John D Srebot

Email: jsrebot@awin.ca

Fax: (905) 886-8102

or such other address as the Owner has given the City Clerk in writing or notice may be given to the Owner by prepaid registered mail and any such notice shall be deemed to have been delivered on the third business day after mailing or same day if by fax. If notice is to be given by the Owner to Vaughan it shall be similarly given to:

The Corporation of the City of Vaughan

2141 Major Mackenzie Drive

Vaughan, Ontario

L6A 1T1

ATTENTION: Todd Coles, City Clerk

Email: clerks@vaughan.ca

Fax: 905-832-8535

PERFORMANCE AND MAINTENANCE GUARANTEE

34. Upon the execution of this Amending Agreement by the Owner, the Owner shall file an irrevocable performance and maintenance Letter of Credit (the “Letter of Credit”) in the standard form approved by Vaughan and from an institution acceptable to Vaughan in the amount specified in Schedule “X”, attached hereto, to guarantee completion of the works under this Amending Agreement, restoration and clean-up of abutting private lands, public lands and municipal services that may have been disturbed or damaged by the construction of the Works referred to in this Amending Agreement. The Letter of Credit shall also guarantee the completion of any Works in the abutting road allowance of affected adjacent public and private lands.

35. If the Owner fails to complete all the Works (including, but not limited to restoration and/or clean up matters) within one year from the date hereof, then Vaughan may draw upon the Letter of Credit for its estimate of the cost of completing the Works and enter upon the Lands for that purpose. If the Letter of Credit is not sufficient to cover such expenses, Vaughan may recover the deficit by action against the Owner or in like manner as municipal taxes owing upon the Lands. If the Owner is delayed in substantially completing the said Works by any act beyond its reasonable control and without limiting the generality of the foregoing by reason of unavailability of Building Permits, adverse weather conditions, labour disputes, strikes and lockouts, national shortages, acts of God or the Queen's enemies, riots, insurrection, pandemic or damage by fire, lightning or tempest, the date set for the substantial completion and agreed to by Vaughan shall be automatically extended by a period of time equal to such delay, upon written notice to Vaughan.

36. The Letter of Credit shall be kept in force by the Owner until it has fulfilled all of its obligations under this Amending Agreement. If Vaughan Financial Planning and Development Finance Department is not provided with a renewal of the Letter of Credit required by this Amending Agreement at least thirty (30) days prior to its expiration, Vaughan may draw the funds secured by such Letter of Credit and hold them on the same basis as it held the Letter of Credit.

37. The Owner shall complete and maintain all the Works required to be done, as set out in this Amending Agreement, to the satisfaction of Vaughan and if in default thereof the provisions of Section 446(1) of the Municipal Act, S.O. 2001, c. 25 shall apply.

38. The provision of this Amending Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

EXECUTION IN COUNTERPART

39. This Amending Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts shall be accepted in original, electronic, or facsimile form, and the parties to this Amending Agreement adopt any signatures received by receiving facsimile or electronic mail as original signatures of the parties.

In Witness Whereof the parties hereto have hereunto affixed their corporate seals duly attested to by their proper signing officers on that behalf or their hand and seal as the case may be.

SIGNED, SEALED AND DELIVERED

in the presence of

THE CORPORATION OF THE CITY OF VAUGHAN

HON. Maurizio Bevilacqua, MAYOR

TODD COLES, CITY CLERK

I/WE have the authority to bind Vaughan

480 STEELES WEST LIMITED

Name:

Title:

Name:

Title:

I/WE have the authority to bind the Corporation

SCHEDULE A1

LEGAL DESCRIPTION OF THE LANDS

A PARCEL OR TRACT OF LAND BEING IN THE CITY OF VAUGHAN, IN THE REGIONAL MUNICIPALITY OF YORK, MUNICIPALLY KNOWN AS 434 AND 480 STEELES AVENUE WEST, CITY OF VAUGHAN, LEGALLY DESCRIBED AS:

PIN: 03246-0139 (LT) - 434 Steeles Avenue West

Part of Lot 15, Plan 1607 as in R454374, City of Vaughan

PIN: 03246-0617 (LT) – 480 Steeles Avenue West

Firstly: Part of Lots 13 and 14 Plan 1607 designated as Part 7 on Reference Plan 65R-24473 and Part 12 on Reference Plan 65R-12837, Save and Except Parts 2 and 4, Plan 65R-24473; Secondly Part of Lot 14, Plan 1607 as in R455147 Except Parts 8 and 9 on Reference Plan 65R-12837; Thirdly: Part of Lots 14 and 15, Plan 1607 as in R455177 Except Parts 1,2 and 3 on Reference Plan 65R-12837, City Of Vaughan

SCHEDULE C1

APPROVED DRAWINGS, PLANS AND SPECIFICATIONS

The Owner undertakes and agrees to provide, complete and maintain the Lands in accordance with the following Approved Plans:

SITE PLAN AND ELEVATION DRAWINGS

Drawing Name (Company)

Drawing No.

Revision No.

Revision Date

Stamp Approved Date

Site Plan (JDF Architecture Inc.)

A-1.0

7

September 20, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Site Plan (Overall) (JDF Architecture Inc.)

A-1.1

9

November 23, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

East & West Elevations (JDF Architecture Inc.)

A-3.0

4

June 24, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

LANDSCAPE DRAWINGS

Drawing Name (Company)

Drawing No.

Revision No.

Revision Date

Stamp Approved Date

Landscape Plan (Insite Landscape Architects Inc.)

L1

16

December 14, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Notes and Details (Insite Landscape Architects Inc.)

L2

16

December 14, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Notes and Details (Insite Landscape Architects Inc.)

L3

16

December 14, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Exterior Lighting (Hubbell)

August 18, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Exterior Lighting (Hubbell)

August 18, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

ENGINEERING DRAWINGS

Drawing Name (Company)

Drawing No.

Revision No.

Revision Date

Stamp Approved Date

Site Servicing Plan (Urban Watershed Group Ltd.)

SS1

10

December 2, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Site Grading Plan (Urban Watershed Group Ltd.)

GR1

10

December 2, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Erosion & Sediment Control Plan (Urban Watershed Group Ltd.)

ESC1

9

October 19, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Construction Notes & Details Plan (Urban Watershed Group Ltd.)

CND1

8

October 19, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Toronto General Notes (Urban Watershed Group Ltd.)

TGN1

8

October 19, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

Boulevard Grading Plan (Urban Watershed Group Ltd.)

GR-2

10

December 2, 2021

Ontario Land Tribunal case no. PL210157, Order dated XX

SCHEDULE D1

WASTE COLLECTION DESIGN STANDARDS SUBMISSION (PARTS 1 AND 2)

The Owner undertakes and agrees to provide, complete, and maintain the following:

PART 1: WASTE SERVICING DETAILS FORM

GENERAL INFORMATION

Development Information

Building Standards No. or

Development Application No.

DA.20.003

Municipal address of development

434 & 480 Steeles Avenue West

Brief summary of development proposal

Does development proposal consist of more than one building?

No Yes

If ‘yes’, please ensure to submit an Appendix ‘A’ - Part 1 form for each

building of development.

If multiple buildings within development,

identify building as shown on site plan (i.e. Building ‘A’)

Agent Information

Agent Name &

Company Name

Business Address

Daytime phone

number

Email Address

Applicant Information

Applicant Name &

Company Name

Address

Daytime phone

number

Email Address

WASTE SERVICING DETAILS

Waste Stream

Type & Size of Container

Compacted

Number of Containers

Garbage

Front-end

Y/N

Roll-off

Y/N

Other

Y/N

Recycling

Carts

Y/N

Front-end

Y/N

Other (a)

Y/N

Cardboard

Front-end

Y/N

Other

Y/N

Organics

Carts

Other

Cooking Oil

Specify:

Other:

Specify:

Y/N

ADMINISTRATION - FOR OFFICE USE ONLY

Site Plan File No.

City Planner & Extension

Public Works (Approved by)

Date of Approval

PART 2: CHECKLIST - WASTE MANAGEMENT SITE PLAN REQUIREMENTS

SECTION REFERENCE

WCDS

EDC&SD

DESCRIPTION

Checklist

Yes

No

ACCESS ROUTE

1. Show location of access route

2.1.1

Waste collection vehicles are to enter and exit site solely in a forward motion. The Access Route and required turnaround can be shown

using ‘Auto turn’ or similar type program.

2. Show pavement design of access route

2.1.2

1.2.4.1

Pavement design shall be a minimum as per City’s Engineering Design Criteria and Standard Drawings for ‘Industrial & Heavy Duty

Driveways’ or a City approved alternative.

3. Show driveway width & curb radius at point of ingress / egress to site

2.1.3

SW-101

Driveway width shall be a minimum 6.0 metres

from face of curb to face of curb

Inside curb radius shall be no less than 9.0

metres.

4. Show driveway width, curb radius and vertical clearance throughout access route

2.1.4

SW-102

Driveway width shall be a minimum 6.0 metres

from face-of-curb to face-of-curb.

Radius throughout entire access route shall be

no less than 12.0 metres (centre line).

A minimum vertical clearance of 4.4 metres

throughout entire access route.

5. Show ingress / egress and turnaround (or continuous forward motion) throughout access route

2.1.5

SW-103

1. Cul-de-sac

Outside curb radius no less than 13.0 metres.

*Note additional conditions if cul-de-sac has an island.

SW-104

2. Three Point Turn (Turning Stub)

Inside curb radius no less than 9.0 metres, and

• If road width is 6.0 metres or greater, the depth of the turning stub shall be no less than

11.0 metres.

3. Continuous Forward Motion

Access shall be a minimum of 6.0 metres throughout entire access route (from face-of- curb to face-of-curb) and observe required turning radius.

6. Show grade of access route

2.1.6

The slope of the access route shall not exceed

5%.

7. Show affected support structures (if any) throughout access route

2.1.7

If a waste collection vehicle must pass over a support structure(s), show support structure(s) and indicate whether support structure(s) can

support a minimum of 35,000 kg.

8. Show snow storage areas

2.1.1

Snow storage areas must not interfere or

compromise the minimum specifications of the Access Route or turning operations.

DESIGNATED LOADING AREA

9. Show location of loading pad, as well as the 18.0 metre straight-

ahead approach

2.2.1

SW-105

In addition to location of loading area, ensure a minimum of 18.0 metre ‘straight ahead’

approach is shown.

10. Show design of loading pad

2.2.2

SW-105

Loading pad design shall have a minimum base 300 mm of compacted 20mm crusher run- limestone and shall be finished to a minimum of 200 mm depth of concrete or a City approved alternative (i.e. heavy duty pavers). See additional requirements should loading pad form

part of the access route.

11. Show dimension of loading pad & vertical clearance at loading pad

2.2.3

The required number of waste containers set out for collection determines the length and maximum width of the loading pad (pad shall not be less than 6.0 metres wide). Dimension to include sufficient space for the movement of

containers on loading pad.

12. Show staging of all waste containers on the loading pad

2.2.4

Show footprint of all waste containers on the loading pad. as well as required space for special collections (i.e. bulky items, oil, corrugated cardboard etc.) and sufficient space for the movement of containers within storage

facility.

13. Show grade of loading area

2.2.5

SW-105

Grade of loading pad shall be no greater than +

/ -2% (grade of cross fall).

14. Show bollards or other type barrier(s) on either side of loading

door

2.2.6

Bollards or other type barriers are to be installed on either side of the loading door(s).

WASTE STORAGE FACILITY(S)

15. Show ventilation requirements meet Ontario Building Code minimum standards

4.1.4

or 5.1.2

Responsibility of Owner to meet no less than minimum standards pursuant to Ontario Building Code and appropriate odour controls

requirements for Waste Storage Facility.

16. Show location & dimension of internal waste storage facility

4.3 or 5.3

Refer to appropriate section to determine options. If compactor is used, a separate waste storage room must be shown.

OTHER

17. Show Collection Method and Container Requirements

3.2 or

4.2 or 5.2

Include type, size and number of waste containers required for all waste streams. This information is to be consistent with the information on the Waste Servicing Details Form

(Appendix A – Part 1).

18. Show Waste Management Site Plan is stamped and signed

1.3.1

Waste Management Site Plan must be stamped and signed by Professional Engineer or an Architect licensed in Ontario.

ADDITIONAL REQUIREMENTS FOR MULTI UNIT RESIDENTIAL OR MIXED USE

DEVELOPMENTS

Note: This section is to be completed only if the development is residential or mixed use. Please indicate

whether the development is residential or mixed use.

18. Show number of units

3.1.2

or 4.1.2

Indicate number of residential dwelling and commercial units (where applicable).

19. Show three stream system

4.1.3

Provide a typical floor plan showing the chute

system on every floor.

Provide a ‘plan’ view of multi-sort system and layout of containers in waste storage area. (As additional supporting information, the City

may require the manufacturer’s brochure of the

chute system be provided with the submission).

20. Provide letter certified by a qualified Engineer that affected support structures can support

35,000 kg

2.1.7

If a waste collection vehicle must pass over a support structure(s), show support structure(s) and indicate whether support structure(s) can

support a minimum of 35,000 kg.

SCHEDULE F

SCHEDULE X

BUILDING PERMIT CONDITIONS

The Owner shall ensure the conditions listed in this schedule are fulfilled to the satisfaction of the following Departments:

1. Vaughan Building Standards Department

(a) The Owner shall provide certification from Alectra Utilities Corporation (Engineering Department) that the financial requirements of Alectra Utilities Corporation have been satisfied.

(b) The Owner shall provide confirmation of application to the Vaughan Development Engineering Department for the installation of any water or sewer services or curb cuts required in the public road allowance in accordance with the engineering drawings listed on Schedule “C1”, attached hereto this Amending Agreement. Such services or curb cuts shall be completed by Vaughan at the Owner's expense.

2. Vaughan Office of the City Clerk

(a) The Owner shall provide proof of liability insurance in an amount of not less than $5,000,000.00.

(b) The Owner shall provide a performance and maintenance Irrevocable Letter of Credit in the standard form approved by Vaughan, and from an institution acceptable to Vaughan, in the amount of $153,073.60

(c) The Owner shall pay to the City of Vaughan by way of certified cheque, cash-in lieu of parkland equivalent to 2% of the value of that portion of the Subject Lands affected by the redevelopment being 434 Steeles Avenue West and that small portion of 480 Steeles Avenue West to be occupied by the new building, prior to the issuance of a building permit, in accordance with Section 42 of the Planning Act, subject to Vaughan By-law No. 139-90 as amended and rights to appeal. The Owner shall submit an appraisal of the portion of the Subject Lands that are to be redeveloped prepared by an accredited appraiser to the Vaughan Real Estate Department, and the approved appraisal shall be the basis of the cash-in-lieu payment;

3. Vaughan Financial Planning and Development Finance Department

(a) The Owner shall pay all taxes as levied to the satisfaction of the Vaughan Financial Planning and Development Finance Department.

(b) The Owner shall pay applicable Development Charges, all additional municipal levies, if applicable, and all other financial requirements of this development, to the satisfaction of the Vaughan Financial Planning and Development Finance Department.

SCHEDULE Y

PERFORMANCE AND MAINTENANCE IRREVOCABLE LETTER OF CREDIT CONDITIONS

Prior to the release of the Performance and Maintenance Letter of Credit, the Owner shall fulfill the conditions of each Department as set out below in this Schedule to the satisfaction of Vaughan. The Owner shall arrange for an inspection of the Lands through the Vaughan Financial Planning and Development Finance Department. The Inspection Fee dollar ($) amounts, payable by cash or certified cheque, for the release of the Performance and Maintenance Letter of Credit shall be as stipulated in Schedule “A1” (Inspections) to Vaughan’s Consolidated Fees and Charges By-law, in effect at the time of the inspection request to the Vaughan Financial Planning and Development Finance Department. The Performance and Maintenance Letter of Credit will be released in stages, as follows:

(a) the first inspections for the release of the Performance and Maintenance Letter of Credit by each of the Vaughan Development Planning and Vaughan Development Engineering Departments to commence within 24 months of the issuance of a Building Permit;

(b) a Performance and Maintenance Letter of Credit reduction of 100% of the Engineering component upon completion of all required servicing works being constructed;

(c) a two stage Performance and Maintenance Letter of Credit release for the landscape component based on:

(i) a First stage reduction of 80% of the landscape component upon completion of all soft and hard landscape works being constructed; and

(ii) a Second stage release of the remaining 20% holdback of the landscape component upon completion of a 12-month warranty period (following the First stage release) for the soft and hard landscape.

Prior to the Owner’s request for the release of the Performance and Maintenance Letter of Credit for landscape works, the Owner shall submit “as-built” landscape drawings and certification by a licensed landscape architect certifying the Works are completed in accordance with the landscape drawings listed on Schedule “C1”, attached hereto this Amending Agreement.

If the Owner has not initiated the required inspections within the time-frames stipulated in this Amending Agreement, a notice letter will be sent to the Owner, from the Vaughan Development Planning Department, informing the Owner to contact the Vaughan Financial Planning and Development Finance Department to initiate the required inspections by the Vaughan Development Planning and Development Engineering Departments.

Upon completion of all works required by this Amending Agreement and rectification of all deficiencies, to the satisfaction of the Vaughan Departments noted in this Schedule, the Performance and Maintenance Letter of Credit may be released by the Vaughan Financial Planning and Development Finance Department, subject to any adjustment for outstanding inspection fees. The Owner must fulfil the following conditions:

1. Vaughan Development Engineering Department

(a) The Owner shall complete all drainage works in accordance with Vaughan Standards and as shown on the engineering drawings listed on Schedule “C1”, attached hereto this Amending Agreement. The Owner shall maintain all said works so that the post-development storm water flows do not exceed the allowable out flow from the site as approved by Vaughan Development Engineering Department. These works shall include all components necessary to incorporate roof top storage where applicable. If the Owner fails to fulfil its obligation in this matter, Vaughan may construct the appropriate works to control the stormwater runoff from the Lands to within the allowable limits at the Owner's expense and the Owner hereby waives any claims for damages which may result from the construction of such works by Vaughan.

(b) If the information on the engineering drawings listed on Schedule “C1”, attached hereto this Amending Agreement, is incorrect, the Owner shall complete the grading in a manner satisfactory to Vaughan Development Engineering Department. Prior to the release of the Letter of Credit, the Owner shall submit to the Vaughan Development Engineering Department an "as built" site plan approved by the Vaughan Development Engineering Department and a Professional Engineer, as defined by the Professional Engineers Act.

2. Vaughan Development Planning Department

(a) The Owner shall complete all landscape in accordance with the landscape drawings listed on Schedule “C1”, attached to this Amending Agreement, and shall maintain all landscape work in a healthy and growing state. The Owner shall replace any unsatisfactory landscape components and/or plant material not in a healthy or growing state as soon as possible and prior to any inspection by the Vaughan Development Planning Department.

(b) The Owner shall ensure that any above-ground hydro facilities and appurtances shall be in a location satisfactory to the Vaughan Development Planning Department.

(c) Prior to any landscape inspection by the Vaughan Development Planning Department, for the release of a Letter of Credit, the Owner shall submit as-built landscape drawings and certification, signed by a licensed landscape architect, certifying that all landscape work has been completed in accordance with the landscape drawings listed on Schedule “C1”, attached hereto this Amending Agreement.

APPENDIX B

SCHEDULE F

C. FINAL SITE PLAN AGREEMENT CONDITIONS

The following conditions need to be included in the Site Plan Agreement:

The City of Toronto requests that City of Vaughan insert the following Site Plan Agreement (SPA post-approval) conditions into the City of Vaughan’s Site Plan Agreement (SPA post- approval) conditions.

1. Widening of Highways that abut on the Land

1.1. Prepare all documents and convey to the City, at nominal cost, the lands to be conveyed to the City of Toronto, including the 8.23m wide strip of land fronting 480 Steeles Avenue West, in fee simple, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access in favour of the Grantor until such time as said lands have dedicated as a public highway, all to the satisfaction to the Executive Director, Engineering & Construction Services and the City Solicitor;

1.2. Submit a draft Reference Plan of Survey to the Chief Engineer & Executive Director of Engineering and Construction Services, for review and approval, prior to depositing it in the Land Registry Office. The plan should:

a) in metric units and integrated to the 1983 North American Datum (Canadian Spatial Reference System) and the 3 degree Modified Transverse Mercator projection;

b) delineate by separate PARTS the lands to be conveyed to the City, identified in Condition 1.1, the remainder of the site and any appurtenant rights-of-way and easements; and

c) show the co-ordinate values of the main corners of the subject lands in a schedule on the face of the plan;

d) The plan must be signed and dated by an OLS.

1.3. The owner shall provide the General Manager, Transportation Services with certification from their Surveyor prior to any conveyance that the lands to be conveyed are free and clear of all physical and title encumbrances. This may not apply to title encumbrances specified in a Certificate of Property Use (CPU) issued in conjunction with a Risk Assessment/Risk Management Plan, where such encumbrances have been accepted by the City;

1.4. Pay all costs for registration and preparation of reference plan(s);

1.5. Retain a Qualified Person to conduct environmental site assessments for the lands to be conveyed to the City;

1.6. Submit a Qualified Person Preliminary Statement Letter, that is dated and signed by the applicant's Qualified Person, as defined in O. Reg. 153/04, as amended, describing the lands to be conveyed to the City, and identifying what environmental documentation will be provided to the City's Peer Reviewer to support this conveyance; all environmental documentation consistent with O. Reg. 153/04 requirements shall be submitted with reliance extended to the City and its Peer Reviewer and any limitation on liability and indemnification is to be consistent with O. Reg. 153/04, as amended, insurance requirements or such greater amount specified by the Chief Engineer and Executive Director, Engineering & Construction Services (see the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act) adopted by City Council on February 10 and 11, 2015 at: www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-74422.pdf);%3B)

1.7. Pay all costs associated with the City retaining a third-party Peer Reviewer including all administrative costs to the City (7%), and submit an initial deposit of $8,000.00 towards the cost of the Peer Review in the form of a certified cheque (made payable to the Treasurer, City of Toronto), or wire transfer to the Chief Engineer and Executive Director, Engineering & Construction Services. Submit further deposits when requested to cover all costs of retaining a third-party Peer Reviewer and associated administrative costs to the City (unused funds will be refunded to the Owner by the City);

1.8. Submit to the satisfaction of the City's Peer Reviewer, all Environmental Site Assessment reports prepared in accordance with the Record of Site Condition Regulation (O. Reg.153/04, as amended) describing the current conditions of the land to be conveyed to the City and the proposed Remedial Action Plan based on the site condition standards approach, to the Chief Engineer and Executive Director, Engineering & Construction Services;

1.9. At the completion of the site assessment/remediation process, submit a Statement from the Qualified Person, to the Chief Engineer & Executive Director, Engineering and Construction Services, for peer review and concurrence that based on all necessary supporting environmental documents, which states:

(a) In the opinion of the Qualified Person:

(i) It is either likely or unlikely that there is off-site contamination resulting from past land uses on the development site that has migrated onto adjacent City lands that would exceed the applicable Site Condition Standards; and

(ii) To the extent that the opinion in 1.9 (a) (i) is that past migration is likely, it is either possible or unlikely that such off-site contamination on adjacent City lands poses an adverse effect to the environment or human health.

(b) Lands to be conveyed to the City meets either:

(i) the applicable Ministry Generic Site Condition Standards (Tables 1, 2, 3, 6, 7, 8 and 9; subject to applicable exemptions as stated in O. Reg. 153/04) for the most environmentally sensitive adjacent land use; or

(ii) the Property Specific Standards (PSSs) as approved by the MOE for a Risk Assessment/Risk Management Plan which was conducted in accordance with the City Policies and Conditions for the Acceptance of Risk Assessed Lands (Clause 18, of Works Committee Report 2, April 25, 26 and 27, 2006);

1.10. The Qualified Person's statement, referenced in Condition 1.9, will include a Reliance Letter, that is dated and signed by the Owner's Qualified Person, as defined in O. Reg. 153/04, as amended, confirming that both the City and the City's Peer Reviewer can rely on the environmental documentation submitted, consistent with O. Reg. 153/04 requirements, and the Qualified Person's opinion as to the conditions of the site; all environmental documentation consistent with O. Reg. 153/04 requirements and opinions shall be submitted with reliance extended to the City and its Peer Reviewer and any limitation on liability and indemnification is to be consistent with O. Reg. 153/04, as amended, insurance requirements or such greater amount specified by the Chief Engineer and Executive Director, Engineering & Construction Services;

1.11. For conveyance of lands requiring a Record of Site Condition (the "RSC"):

(a) File the RSC on the Ontario Environmental Site Registry, and

(b) Submit the Ministry of the Environment's Letter of Acknowledgement of Filing of the RSC confirming that the RSC has been prepared and filed in accordance with O. Reg. 153/04, as amended, to the Executive Director, Engineering and Construction Services;

1.12. In the event land conveyance to the City of Toronto is required where in-situ capping is proposed as a remedial measure of the contaminated lands to be conveyed, the applicant shall ensure that the proposed in-situ capping over the contaminated lands and installation of municipal sanitary and storm sewers and watermains are completed as per City of Toronto Clean Fill Requirements for Contaminated Lands – Typical Street

• T-985.100 to ensure a 2.0 m total cap depth to finish grade and minimum fill clean depth around storm and sanitary sewers as shown on the above mentioned City of Toronto standard.

2. Facilities to Provide Access to and from the Land

2.1. Construct and maintain all engineering and traffic operations measures/facilities works in accordance with the approved plans and reports;

2.2. Remove all existing accesses, curb cuts, traffic control sign(s) along the development site frontage that are no longer required and reinstate the curb, gutter and boulevard within the City’s right-of-way, in accordance with City standards and to the satisfaction of the Executive Director, Engineering and Construction Services;

2.3. The owner acknowledges and affirms that anything proposed in the City right-of-way other than municipal sidewalks, street trees and sod are encroachments that the property owner must recognize in either a site plan or encroachment agreement that is registered on-title to the property. The property owner is responsible for designing, constructing and maintaining these encroachments.

3. Off-street Vehicular Loading and Parking Facilities and Access/Driveways

3.1. Provide and maintain off-street vehicular loading and parking facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the Executive Director, Engineering and Construction Services, City of Toronto;

3.2. The owner must install and maintain appropriate signage and pavement markings on- site directing such as but not limited to: vehicle stopping and circulation, designated disabled parking, loading, and pedestrian walkways, to the satisfaction of the Executive Director, Engineering and Construction Services, City of Toronto;

3.3. All on-site driveways and parking areas must be surfaced and maintained with asphalt, concrete, or interlocking stone.

4. On-site Walkway and Walkway Ramps

4.1. No Site Plan Agreement Conditions.

5. Facilities for the Landscaping of the Lands or the Protection of Adjoining Lands

5.1. Construct and maintain the retaining walls as specified in the accepted engineering design and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services, City of Toronto;

5.2. Provide certification to the Chief Engineer and Executive Director, Engineering & Construction Services from the Professional Engineer (P.Eng.) who designed the retaining walls that the walls were constructed in accordance to the accepted engineering drawings.

5.3. All civil works, including all tree pits and planters, within the municipal rights-of-way are to be designed and certified including signed, sealed and dated to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, by a Professional Structural Engineer confirming that these features have been appropriately structurally designed and constructed.

6. Facilities for the Storage of Garbage and Other Waste Material

6.1. No Site Plan Agreement Conditions.

7. Easements conveyed to City of Toronto

7.1. No Site Plan Agreement Conditions.

8. Stormwater Management (SWM), Grading and Site Servicing

8.1. Construct and maintain SWM measures/facilities and site grading as recommended in the accepted Stormwater Management Report entitled Stormwater Management and Functional Servicing Report, prepared by Urban Watershed Group Ltd., dated December 2, 2021 and accepted Site Grading Plan, drawing No. 19002-GR1, Revision No. 10, dated December 2, 2021, prepared by Urban Watershed Group Ltd.;

8.2. Provide certification to the Chief Engineer & Executive Director of Engineering and Construction Services from the Professional Engineer who designed and supervised the construction, confirming that the stormwater management facilities and site grading have been constructed in accordance with the accepted Stormwater Management Report and the accepted Grading Plans;

8.3. Construct and maintain site servicing indicated on the accepted Site Servicing Plan, drawing No. 19002-SS1, Revision No. 10, dated December 2, 2021, prepared by Urban Watershed Group Ltd.;

8.4. Provide certification to the Chief Engineer & Executive Director of Engineering and Construction Services from the Professional Engineer who designed and supervised the construction, confirming that the site servicing facilities have been constructed in accordance with the accepted drawings;

8.5. Prior to earlier the registration of the Condominium Corporation or occupancy of any building within the limit of this site plan control application, the applicant must submit the above noted Certification letters to the satisfaction of General Manager of Toronto Water and to the Executive Director of Engineering and Construction Services. Submit letters directly to the Case Manager in Engineering and Construction Services;

8.6. Existing drainage patterns on adjacent properties shall not be altered and stormwater runoff from the subject site shall not be directed to drain onto adjacent properties;

8.7. There may be runoff from rain storms that exceeds the capacity of the City’s storm service connections. Therefore, the owner shall be responsible to provide flood protection or a safe overland flow route for the proposed development without causing damage to the proposed and adjacent public and private properties;

8.8. The owner agrees and acknowledges that adequate mitigation measures including proposed retaining walls, sediment control fences, and interim stormwater management facilities are constructed and in place prior to the construction to prevent any flooding, and erosion to the existing properties in vicinity of this development;

8.9. The Owner shall ensure that a Professional engineer (P.Eng.) will be hired to inspect the SWM facilities on a regular basis to certify that the facilities function as intended;

8.10. The Owner shall keep and maintain proposed stormwater pollution control devices such as filter units or oil/grit separator units and update the City with periodic maintenance reports;

8.11. The Owner shall indemnify the City against any liability issue due to the failure of the proposed private storm sewer system and stormwater management system and

mitigation measures proposed to protect flooding for any and all damages to the land, tenants / residences and the adjacent properties / neighbors from flooding during major storm events, in excess of the 100-year storm event or resulting from the failure of the private storm sewer system and stormwater management system and mitigation measures as intended; and

8.12. The Owner shall construct and maintain the storm drainage facilities on the site that collect any external drainage which consists of storm pipes, area drains, catch basins, maintenance holes, underground tanks, swales and overland flow routes as it is shown on the approved Site Servicing and Grading drawings and Stormwater Management Report, in a state of good repair at all times. The Owner acknowledges and agrees that no modifications are permitted that may alter the intent and/or function of the storm drainage system unless approval has been obtained from the General Manager of Toronto Water.

9. Groundwater Discharge

9.1. The submitted Functional Servicing and SWM Report states that “At no time should construction wastewater (including dewatering of stormwater from excavations), or groundwater be discharged directly or indirectly to City of Toronto municipal sewage works. Any proposed groundwater drainage systems shall be design to not discharge to grade in a manner which could potentially result in groundwater being conveyed overland to the Steeles Avenue West right-of-way.” Should the applicant wish to discharge any private water / groundwater to a City of Toronto municipal sewer, the Owner will be required to revise the FSR/SWM Report as required and submit a Hydrogeological Report and other supporting documentation and submit an application to Toronto Water, Environmental Monitoring & Protection, for any short-term and/or permanent dewatering system that is required for the site, and enter into any necessary discharge agreements / permits in accordance with Section 6 of the Sewers By-law to permit the discharge of Private Water from the Property to a City sewer, where approved by the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

9.2. The Owner shall comply with Chapter 681 of the City of Toronto Municipal Code in respect to the discharge from the site of groundwater and other water originating from a source other than the City water supply (hereafter referred to as "private water".) The Owner acknowledges that the discharge of private water from the site to City sewage works is prohibited by Chapter 681 unless the Owner has obtained a Discharge Permit from Toronto Water; and

9.3. The Owner shall obtain any necessary exemptions under Toronto Municipal Code Chapter 681, Sewers (the "Sewers By-law") and enter into any necessary discharge agreements in accordance with Section 6 of the Sewers By-law to permit the discharge of Private Water from the Property to a City sewer, where approved by the GM, Toronto Water, and shall be in good standing under any such Discharge Agreements.

10. Other Conditions

10.1. The owner agrees that Work cannot occur within the Steeles Avenue West right-of-way without written authorization and appropriate permits from the City of Toronto as well as the presence of a City of Toronto inspector.

D. ADVISORY OF OTHER CITY APPROVALS & REQUIREMENTS

The owner is advised that the following approvals and/or permits are required for this development:

The City of Toronto requests that City of Vaughan insert the following Advisory of Other City Approvals & Requirements into the City of Vaughan’s Site Plan Agreement.

1. Road Allowance Permits

1.1. The applicant must obtain the necessary authorizations and permits from our Right-of- Way Management Section before excavating or encroaching into municipal road allowance. The applicant is advised to contact the Right-of-Way Management Section at

(416) 395-7112 regarding site-specific permit and licensing requirements. We advise the applicant that they cannot use the municipal Right-of-Way for construction-related purposes without first receiving written authorization from the Right-of-Way Management Unit, including payment of the necessary fees.

1.2. In conjunction with the right-of-way permits, the applicant shall provide an adequate financial guarantee, in the form of an irrevocable letter of credit or certified cheque and submit a 5% engineering and inspection fee (please refer to Requirements For Work On City of Toronto Rights-Of-Way below).

1.3. The contact person in Right-of-Way Management is Rolando Rongo, (416) 392-8122, Rolando.rongo@toronto.ca who is responsible for access permits and Municipal Road Damage Guarantee deposits and all other permits associated with construction activities (piling/shoring, landscaping, hoarding, temporary street occupation, tower crane, etc.)

1.4. In order to obtain approval for work in the City's right-of-way the Owner will be required to provide up to date stake out information for most construction related work, for further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment.

1.5. The applicant is required to contact the City's inspector Khurshed Alam, (416) 931-7003, khurshed.alam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, matthew.mannella@toronto.ca at least one week prior to commencing any work within the City's right-of-way.

2. Requirements for Work on City of Toronto Rights-Of-Way

2.1. The applicant is required to enter into a Municipal Infrastructure Agreement (MIA) with the City of Toronto for Work on City's Right-of-Way. The applicant will be required to provide financial security, in the form of an irrevocable letter of credit, certified cheque or wire transfer, in the amount of $126,804.75, and submit a 5% engineering and inspection fee, in the form of a wire transfer, in the amount of $7,164.47 (includes HST), and provide public liability insurance as required in the agreement.

2.2. Prior to entering into a Municipal Infrastructure Agreement, the owner will have to provide/secure the following:

• Engineering and Construction Services, City of Toronto has approved the proposed above mentioned works in writing;

• Engineering and Construction Services, City of Toronto has signed the engineering drawings and provided an acceptance letter for the proposed above mentioned works in writing;

• The owner is required to make an application and obtain a streetscaping permit with Transportation Services, City of Toronto;

• Obtain all required approvals and permits from all internal City of Toronto divisions and external parties including City of Vaughan, as required;

• Provide the financial securities and engineering fees as outlined in this memorandum to the City of Toronto;

2.3. Attached are copies of pertinent templates for the above items for the applicant's use. It is recommended that the applicant submit drafts of the Municipal Infrastructure Agreement, Irrevocable Letter of Credit and Insurance for review and acceptance prior to submitting final executed originals.

2.4. In order to obtain approval for work in the City's right-of-way the Owner will be required to provide up to date stake out information for most construction related work, for further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment.

2.5. The applicant is required to contact the City's inspector Khurshed Alam, (416) 931-7003, khurshed.alam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, matthew.mannella@toronto.ca at least one week prior to commencing any work within the City's right-of-way.

3. Construction Management Plans

3.1. The applicant must submit to the City a Construction Management Plan for each stage of the construction process, provided to the satisfaction of the City of Toronto. The applicant is not allowed to use the Rights-of-Way for storing construction equipment/materials or for parking purposes. For further information, please contact the Right-of Way Management Section, North York District, at 416-395-7112.

3.2. A Construction Management Plan is to be received by the Chief Engineer & Executive Director of Engineering and Construction Services showing the following items:

a) Dust/mud control on and offsite;

b) Location of truck loading points, trailer parking;

c) Location of temporary material storage areas;

d) Access/truck routing;

e) Provision of hoarding, temporary fencing & covered walkways;

f) Location and extent of aerial crane operations;

g) Parking for construction trades;

h) Procedure to deal with vermin and rodents

3.3. We advise the applicant that they cannot use the municipal right-of-way for construction- related purposes without first receiving written authorization from our Right-of-Way Management section, including payment of the necessary fees.

3.4. We advise the applicant that any construction activity that affects the adjacent public rights-of-way including, among other things, the location of construction staging areas and covered public walkways within public roads, which may necessitate the temporary closure of one or more traffic lanes for an extended period of time, will require the submission of an acceptable Construction Management Plan in conjunction with the permit approval process, in order to minimize construction-related impacts on public rights-of-way.

4. Encroachments

4.1. Any physical or landscaping features that are proposed to be introduced in the municipal right-of-way are subject to the requirements of Chapter 743 of the Toronto Municipal Code. Depending on the type of encroachment as specified in Article IV of Chapter 743, it may require an encroachment agreement with the City of Toronto as well as Community Council approval. The Owner is advised that all streetscape designs proposed within the abutting public Rights-of-Way must comply with the requirements of the Transportation Services Division and those materials other than municipal sidewalks, street trees and sod are considered encroachments that the property Owner must recognize in either a site plan or encroachment agreement that is registered on-title to the property. The property owner is responsible for the costs of installing/planting these encroachments, and the encroachment must be maintained at the owner's expense pursuant to Article V of Chapter 743.

4.2. Any encroachments within Municipal Road Allowances will not be permitted unless they are explicitly approved by the Right-of-Way Management section of Transportation Services. The applicant is required to contact the section through the permit approval process to obtain the exact particulars of these requirements. For further information, please contact the Right-of-Way Management Section, North York District at (416) 395- 7112.

5. Toronto Hydro Approval / Street Lighting

5.1. As of January 1, 2006, the street lighting system became the sole responsibility of Toronto Hydro. It will be their obligation to demand a Street Lighting Review from all applicants in support of all rezoning applications. Toronto Hydro will assess, comment upon and ultimately approve all proposed street lighting proposals and the associated changes or additions to the existing street lighting system.

5.2. The applicant shall obtain approval from Toronto Hydro Street Lighting Incorporated, THSLI, for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The applicant is advised to contact THSLI (416-542-3195) or ://www.torontohydro.com/sites/electricsystem/Pages/foryourhome.aspx for comment and cost estimates for required fieldwork.

6. Utilities

6.1. The Owner is financially responsible for all costs associated with the excavation improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property.

7. Street Furniture

7.1. The owner is advised that approval for all work that will be carried out within the abutting public rights-of-way, which may include but not be limited to financial responsibility for removal or relocation of existing street furniture (transit shelters, benches, litter bins, bicycle locking rings, etc.). The owner must contact Street Furniture Management to co- ordinate the removal or relocation of Astral street furniture or bicycle locking rings. There are Third Party costs associated with the removal and relocation of Astral street furniture and costs to remove the City of Toronto bicycle locking ring(s). The City will not undertake any work associated with removing, reinstalling or relocating existing street furniture until it receives payment. If clarification is required on how the above standards will apply to this site, the applicant can contact the Street Furniture Management Unit at streetfurniture@toronto.ca.

8. Site Servicing Connections

8.1. The proposed stormwater management facility and all the sewage works on private property are regulated under Ontario Water Resources Act (OWRA) and therefore may or may not be subject to the approval requirements of section 53 of the Ontario Water Resources Act. It is the responsibility of the Owner(s) to contact the Ministry of Environment to determine if an Environmental Compliance Approval is required for their specific project. The Owner(s) shall obtain such approval as may be required from the Ministry of Environment.

8.2. Maintenance and operation of stormwater facilities is the responsibility of the property owner and must meet all the current requirements of governmental authorities having jurisdiction, including, but not limited to Ontario Ministry of the Environment, Ontario Ministry of Labour, and Ontario Ministry of Municipal Affairs and Housing.

9. Superior Performance Asphalt Pavements

9.1. Superpave asphalt mixes is mandatory for all projects in the city of Toronto as per following specifications:

• TS 1101 Material Specification for Performance Graded Asphalt Cement, dated September 2017 https://www.toronto.ca/wp- content/uploads/2017/11/995b-ecs-specs-roadspecs-TS_1101_Sep2017.pdf

• TS 1151 Material Specification for Superpave, Stone Mastic and Warm Mix Asphalt, dated September 2017 s://www.toronto.ca/wp- content/uploads/2017/11/98db-ecs-specs-roadspecs-TS_1151_Sep2017.pdf

10. Construction Dewatering & Private Water Drainage System

10.1. Discharge of Private Water (including but not limited to groundwater, construction wastewater, etc.) directly or indirectly into City’s sewage works is prohibited under Toronto Municipal Code (MCC) Chapter 681 – Sewers, unless the subject property has obtained discharge approval in the form of a Discharge Agreement under MCC 681-6 from Toronto Water, Environmental Monitoring and Protection Unit.

10.2. If the Owner wishes to discharge groundwater to the City’s sewers, the Owner shall apply and obtain short-term discharge approval from Toronto Water, Environmental Monitoring and Protection Unit.

10.3. In the absence of a short-term discharge approval, the Owner shall ensure any private water (including but not limited to groundwater, construction wastewater, etc.) collected from the subject property is hauled away using a Ministry of the Environment, Conservation and Parks (MECP) approved hauler to ensure that no private water is discharged directly or indirectly into the City’s sewage works and thereby comply with Municipal Code Chapter 681 – Sewers.

10.4. Prior to any approval to discharge Private Water to a City sewer works and the issuance of any agreement or permit respecting same by the General Manager, Toronto Water, the Owner will be required to:

(a) Obtain an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks, for the proposed Private Water Treatment System (the “Treatment System”)

(b) Install and operate the Treatment System; and

(c) Notify Toronto Water, Environmental Monitoring and Protection immediately once the Treatment System has been installed so that the City can collect samples of the treated water over a minimum period of 6 months to determine the effectiveness of the Treatment System.

10.5. Any approval to discharge Private Water to a City sewer will not be granted if the Treatment System fails to effectively treat the Private Water to meet the applicable quality limits as set out in the Sewers By-Law.

11. Streetscaping

11.1. The Owner is required to make an application to Transportation Services Division, Right- of-Way Management Unit, North York District, at 416-395-6303 or tprowny@toronto.ca, after site plan approval for a streetscaping permit.

11.2. The Owner shall be responsible for the cost of the streetscaping including depositing the estimated cost of the streetscaping work and a 5% streetscaping engineering review fee to the City.

11.3. A streetscape permit for the Steeles Avenue West boulevard treatment can be issued only upon review of the detailed landscape plan submitted by the applicant.

12. Traffic Signal Improvements

12.1. All traffic signal design and installation will be the responsibility of the developer. The Developer is required to submit acceptable signal drawings that are approved by the City prior to installation. Traffic signal device(s) must include the supply and installation of all civil components (pole bases, hand wells, conduit, etc.), all electrical work (including the arrangements and payment for disconnect inspection by the Electrical Safety Authority and connection by Toronto Hydro) and all traffic equipment (poles, traffic arms, accessible pedestrian signal units, vehicle and pedestrian heads, etc.) In the event that the traffic signal device(s) requires any interconnect to adjacent signals, it shall be the responsibility to have all underground civil and electrical work included. The City will be responsible for the programming of the traffic controller cabinet. Arrangement will need to be made with the City of Toronto for the pick-up of the cabinet at 1050 Ellesmere Road. The developer will be responsible for the full traffic controller cabinet and programming costs. All work must be performed by one of the City of Toronto approved Contractors. Any proposed work impacting the traffic plant must be approved and coordinated (time and duration) through Traffic Plant Installation and Maintenance (Barry Johnson at 416-392-8314 or Jason Pires at 416-397-5752). This may include signalized intersections, crosswalks, etc. It is the responsibility of the applicant to have the required permits and approvals.

13. The following Toronto Green Standards Tier 1, Version 3 Performance Measures have been met where appropriate:

13.1. AQ 3.2 – Sidewalk Space

E. BACKGROUND

TRANSPORTATION SERVICES

ADVISORY OF CITY APPROVALS AND REQUIREMENTS

The applicant must obtain the necessary authorizations and permits from our Right-of-Way Management Section before excavating or encroaching into municipal road allowance. We advise the applicant that they cannot use the municipal Right-of-Way for construction- related purposes without first receiving written authorization from the Right-of-Way Management Unit, including payment of the necessary fees. In conjunction with the right-of- way permits, the applicant shall provide an adequate financial guarantee to ensure the satisfactory completion of all required work in the City’s rights-of-ways, pay engineering and inspection fees and provide public liability insurance as required.

BOULEVARDS / STREETSCAPING / SIDEWALKS

The applicant must restore those sections of municipal boulevard where they propose to close existing driveway(s), replacing the access point(s) with appropriate landscaping and continuous poured raised concrete curb.

The City of Toronto Standard No. T-310.010-10 and the ADODA require the provision of new 2.1m wide clear linear paths of concrete public sidewalks along all development site frontages. Appropriate transition areas must also be provided beyond the site frontages which connect the new sidewalks to the existing sidewalks at a 5:1 ratio. The required 2.1m wide public sidewalk widths must be clear widths and shall not include the street curb, specialized paving areas, planting areas, furniture zones, marketing areas, kill strips, TWSI, fire hydrants, hydro poles, etc. The Site Plan drawings, landscape plans and engineering drawings must comply with the above-noted requirements.

The applicant must ensure that any streetscape designs proposed within municipal right-of-way comply with the requirements of this Division. We emphasize that anything other than municipal sidewalks, street trees and sod are encroachments that the property owner must recognize in either a site plan or encroachment agreement that is registered on-title to the property. The property owner is responsible for designing, constructing and maintaining these encroachments including soft landscaping.

DRIVEWAY ACCESS AND SITE CIRCULATATION

Vehicular access is proposed via an existing driveway access on Steeles Avenue West. Any new public or private roads north of Steeles Avenue West is located under the City of Vaughan jurisdiction and will be subject to review by the respective municipality.

ROADWAYS

In accordance with the City of Toronto’s Official Plan requirements, the following conveyances are required from the property, which must be free and clear of all physical and title encumbrances and obstructions:

(i) A 8.23 m wide strip of land along the 480 Steeles Avenue West site frontage to satisfy the requirement of a 36m wide road right-of-way;

All lands required above must be explicitly identified on the drawings as being conveyed to the City for a nominal sum. The proponent will be required to submit, for review and approval, a Draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be conveyed to the City, the remainder of the site, and any appurtenant rights-of-way.