Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 03, 2023

CASE NO.: OLT-22-004734 (Formally - PL180348)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Linelle Development Limited

Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Other Open Space Areas

Proposed Designated: Neighbourhood

Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.

Property Address/Description: 57 Linelle Street

Municipality: City of Toronto

Approval Authority File No.: 13 124500 NNY 23 OZ

OLT Case No.: OLT-22-004734

Legacy Case No.: PL180348

OLT Lead Case No.: OLT-22-004734

Legacy Lead Case No.: PL180348

LPAT Case Name: Linelle Development Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Linelle Development Limited

Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: General Cemetery Zone, Exception One (CEM-1(1))

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.

Property Address/Description: 57 Linelle Street

Municipality: City of Toronto

Municipality File No.: 13 124500 NNY 23 OZ

OLT Case No.: OLT-22-004736

Legacy Case No.: PL180349

OLT Lead Case No.: OLT-22-004734

Legacy Lead Case No.: PL180348

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Linelle Development Limited

Subject: Proposed Plan of Subdivision – Failure of the City of Toronto to make a decision

Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.

Property Address/Description: 57 Linelle Street

Municipality: City of Toronto

Municipality File No.: 14 120937 NNY 23 SB

OLT Case No.: OLT-22-004737

Legacy Case No.: PL180350

OLT Lead Case No.: OLT-22-004734

Legacy Lead Case No.: PL180348

Heard: February 9, 2023 in Writing

Parties

Counsel

Linelle Development Limited

Michael Cara Christopher Tanzola

City of Toronto

Daniel Elmadany Kasia Czajkowski

DECISION DELIVERED BY DAVID L. LANTHIER AND ORDER OF THE TRIBUNAL

BACKGROUND

1Three Appeals were before the Tribunal on August 12, 2019, when the Parties, on a consensual basis presented the Tribunal with a proposed settlement of the Appeals under s. 22(7) and 34(11) of the Planning Act relating to the requested Official Plan Amendment and Zoning By-law Amendment to permit the proposed development of lands at 57 Linette Street (“Site”).

2Upon the planning evidence presented, and the findings made, the Tribunal issued a Memorandum of Oral Decision on September 12, 2019, and made Interim Orders approving the two draft Instruments, subject to certain conditions.

3The Parties subsequently advised that all conditions contingent to the issuance of the Final Order had been satisfied and on December 12, 2022, the Tribunal issued a Final Order resolving the Appeals under s. 22(7) and s. 34(11) and approving the Official Plan Amendment and By-law amending Zoning By-laws 569-2013 and 7625 of the City of Toronto.

THIS APPEAL – REQUEST FOR FINAL ORDER

4In the Decision of September 12, 2019, the Tribunal adjourned this related Appeal under s. 51(34) of the Planning Act, arising from the additional application for approval of a draft Plan of Subdivision (“Draft Plan”) and Draft Plan Conditions for the Site, without a fixed date.

5Subsequently, the Parties communicated with the Tribunal indicating that they had resolved the remaining Appeal under s. 51(34) and requested that the settlement be presented to the Tribunal by way of a written hearing. The Toronto District Catholic School Board, which had been granted party status, was copied on this communication and aware of the request to the Tribunal and the affidavit evidence and draft Instruments presented in support of the settlement.

6The Tribunal received supporting Affidavit evidence of Mr. Giulio Cescato, the Associate Director and Practice Lead in Urban Planning, sworn on December 8, 2022 together with Mr. Cescato’s Curriculum Vitae and Acknowledgement of Expert’s Duty. This only exhibit will be marked as Exhibit 1 to the hearing event. The Tribunal has qualified Mr. Cescato as being able to provide expert planning opinion evidence to support the settlement of the Draft Plan and the Draft Plan Conditions.

7The Tribunal has considered the planning evidence in support of the settlement. Mr. Cescato has provided an overview of the Draft Plan in Attachment 1 containing the five separate Blocks and laying out an extension of Linelle Street. The lands in Block 4 are to be conveyed to the Toronto and Region Conservation Authority, and Block 5 lands are to be retained and maintained by the Applicant. The area identified as Block 2 to the east of the Linelle Street extension within the Draft Plan are set aside for a new public park. A storm sewer is also contained within Block 3 to the north of the public Park. The remainder of the Draft Plan is Block 1 which contains 34 units, a private lane and sidewalk network for the purposes of servicing the residential units and such landscaping elements as may be necessary for privacy and buffering.

8Mr. Cescato has also provided a summary of the Draft Plan Conditions in Attachment 2.

9Mr. Cescato has provided a focused overview of the relevant planning policies and provided his planning opinions supporting the approval of the Draft Plan and the Draft Plan Conditions, which evidence is accepted in its entirety.

10Upon that planning evidence and having reviewed the Draft Plan and Draft Plan Conditions presented the Tribunal is satisfied that the Appeal should be allowed in part and the Draft Plan approved, subject to the Draft Plan Conditions.

11This Panel considered the prior planning evidence supporting the approval of the Official Plan Amendment and the Zoning By-law Amendments in principle that was provided by Mr. Volpentesta and referenced by Mr. Cescato. In regards to this remaining Appeal, the Tribunal now finds that the proposed subdivision development as it will be permitted under the Draft Plan, with the Draft Plan Conditions: has regard to matters of Provincial Interest; is consistent with the PPS 2020; conforms to the Growth Plan for the Greater Golden Horseshoe (2020); conforms to the policies of the City’s Official Plan; specifically implements the site-specific Official Plan Amendment and Zoning By-law Amendments previously approved; and represents good planning in the public interest.

ORDER

12THE TRIBUNAL ORDERS that the Subdivision Appeal under s. 51(34) of the Planning Act is allowed, in part, and the Draft Plan of Subdivision dated November 14, 2022, surveyed by R. Avis Surveying Inc. and prepared by Bousfields Inc. set out in Attachment "1" to this Order, is approved subject to the fulfilment of the Conditions to the approval of draft Plan of Subdivision set out in Attachment "2" to this Order.

13THE TRIBUNAL ORDERS that pursuant to s. 51(56.1) of the Planning Act, the City of Toronto shall have the authority to clear the Conditions of Draft Plan approval and to administer final approval of the Plan of Subdivision for the purposes of subsection 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the Conditions of Draft Plan approval, or if any changes are required to be made to the draft Plan of Subdivision, the Tribunal may be spoken to.

“David L. Lanthier”

DAVID L. LANTHIER

VICE-CHAIR

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.

ATTACHMENT 1

DRAFT PLAN OF SUBDIVISION

ATTACHMENT 2

OLT Case: PL180348

OLT File: PL180350

CONDITIONS OF DRAFT PLAN OF SUBDIVISION

City of Toronto Subdivision Application File No.: 14 120937 NNY 23 SB

The Tribunal's approval applies to the draft Plan of Subdivision, dated November 14, 2022, Drawing No 20305-21dp, surveyed by R. Avis Surveying Inc., Ontario Land Surveyor, and dated November 14, 2022 and prepared by Bousfields Inc.

CITY PLANNING

1. The owner shall enter into the City of Toronto's (the "City") standard subdivision agreement, subject to necessary modification as contemplated by these draft plan conditions and other conditions satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor (the "Subdivision Agreement").

2. Prior to registration of the plan of subdivision, the owner shall have satisfied all pre-registration conditions contained in the subdivision agreement (required in most cases to secure the construction of and the provision of municipal services, Parkland, planning issues related to warning clauses etc).

3. The draft plan of subdivision submitted for final approval and registration must be substantially in accordance with the approved draft plan of subdivision in Attachment "1" of the Tribunal's Decision dated [May 3, 2023]. Any minor revisions to the plan must be approved by the Chief Planner's designate, the Director of Community Planning, North York District.

4. Prior to registration of the plan of subdivision, the owner shall provide to the Director of Community Planning, North York District, confirmation of payment of outstanding taxes to the satisfaction of Revenue Services Division, Finance Department, City of Toronto (statement of Account or Tax Clearance Certificate) and that there are no outstanding City initiated assessment or tax appeals made pursuant to Section 40 of the Assessment Act or the provisions of the City of Toronto Act, 2006. In the event that there is an outstanding City initiated assessment or tax appeal, the Owner shall enter into a financially secured agreement with the City satisfactory to the City Solicitor to secure payment of property taxes in the event the City is successful with the appeal.

5. The owner shall construct and maintain the development at least in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council.

6. Prior to registration of the plan of subdivision, the Official Plan land use designation and zoning to permit the development shall be in full force and effect.

7. If the subdivision is not registered within 5 years of the date of draft plan approval, then this approval shall be null and void and the plans and drawings must be resubmitted to the City of Toronto for approval.

MINISTRY OF TRANSPORTATION

8. All engineering reports related to drainage and the applicable Traffic Impact Study report must be signed and stamped by a qualified professional engineer and qualified transportation consultation, as applicable. These reports must be the same reports as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services (the "Chief Engineer, ECS") when submitted as part of the Ministry of Transportation (the "MTO") permit application. If the applicant applies for MTO permits at a later stage in the future, the information in these reports may be out of date and the MTO may ask for updated reports or addendums to supplement them from the time when they were initially approved. Any such updated reports must be provided to the City and to the satisfaction of the Chief Engineer, ECS.

9. Should there be any change to the accepted engineering reports related to drainage or the applicable Traffic Impact Study report related to the Draft Plan of Subdivision, the owner shall provide updated reports to the MTO for their review and approval.

10. The Plan submitted for final approval and registration must be substantially in accordance with the approved draft plan approval which ensures that the MTO's 14 metre setback area remains free and clear of any feature, amenity or operational arrangement (such as, but not limited to, fire-routes, emergency access/exits, parking, loading docks, access to loading docks, storm-water management ponds) that would be considered essential to the development in the Plan of Subdivision or viability of the lands and that all proposed buildings, structures, backyards and other components of the development must be viable and meet all minimum municipal backyard and Building Code standards without intruding on, or lying within, the MTO’s 14 metre setback.

ENGINEERING AND CONSTRUCTION SERVICES

General

11. The owner shall submit a digital copy of the final plan of subdivision in DGN and PDF formats, to the satisfaction of Chief Engineer, ECS.

12. The owner shall construct and convey all roads, road widenings and corner roundings, as applicable, as shown on the draft plan of subdivision to the satisfaction of the Chief Engineer, ECS.

13. The owner shall convey all necessary internal and external easements to the City to the satisfaction of the Chief Engineer, ECS.

14. The owner shall prepare all documents to convey lands in fee simple and easement interests to the City for nominal consideration and at no cost to the City, as may be required, such lands to be free and clear of all physical and title encumbrances to the satisfaction of the Chief Engineer, ECS in consultation with the City Solicitor, all in accordance with the Subdivision Agreement. Fee simple conveyances may be subject to right-of-way access, including construction access until such time as the said lands have been laid out and dedicated for public highway purposes.

15. The owner, as required, shall submit a draft reference plan of survey to the Chief Engineer, ECS for review and approval, prior to depositing it in the Land Registry Office. The plan should:

a. Be 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, 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.

16. The owner shall pay all costs for preparation and registration of any required reference plan(s).

17. The owner shall pay engineering and inspection fees in accordance with the terms and conditions of the Subdivision Agreement.

18. The owner shall submit financial security in accordance with the terms of the Subdivision Agreement and the City's prevailing policies.

19. The owner shall pay for, design and construct all municipal infrastructure required to service the plan of subdivision, including municipal infrastructure external to the plan of subdivision, to the satisfaction of the Chief Engineer, ECS.

20. The owner shall provide a detailed stormwater management report and apply stormwater management techniques in the development of the subdivision to the satisfaction of Chief Engineer, ECS.

21. The owner shall pay to the City forty dollars ($40.00) in Canadian Funds per lot/block towards the cost of geodetic and aerial survey.

Environmental

22. The owner shall undertake an environmental site assessment(s) for lands dedicated to the City on the plan of subdivision or otherwise required to be conveyed in accordance with the terms and conditions of the Subdivision Agreement, including retaining a Qualified Person (QP), providing payment for a peer reviewer and the submission of environmental information and a Record of Site Condition (RSC) which shall be completed prior to registration of the plan of subdivision or applicable conveyance.

23. The owner agrees to pay all costs associated with the City retaining a third-party peer reviewer and submit an irrevocable letter of credit or a certified cheque payable to the City of Toronto in the amount of Eight Thousand Dollars ($8,000.00) as a deposit towards the cost of the peer review, and to make further deposits in the specified amount as required by the City from time to time, all to the satisfaction of the Chief Engineer, ECS.

24. In the event land conveyance to the City is required where in-situ capping is proposed as a remedial measure of the contaminated lands to be conveyed, the owner shall ensure that the proposed in-situ capping over the contaminated lands and installation of municipal sanitary and storm sewers are completed as per City's 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 sewers, sanitary sewers and watermain as shown on the above mentioned City's standard.

New and Existing Public and Private Streets

25. The owner shall pay all costs associated with the design and construction of the proposed new public street and any alterations required to existing streets adjacent to the draft plan of the subdivision.

26. The owner submit detailed engineering design drawings and detailed cost estimates for the proposed public road as shown on the draft plan of subdivision, the relocated storm pipes within the MTO easement, any upgrades required and the approved pavement marking and signage plan.

27. The owner shall pay all costs related to the installation of pavement markings and signage to be installed on the Linelle Street extension, and modifications to existing pavement markings and signage.

28. The owner shall submit a financial guarantee and an engineering review fee in the form of a letter of credit to the Treasurer for the City of Toronto in an amount to be determined satisfactory to the General Manager, Transportation Services, for the boulevard and road work related to the closure of the existing cul-de-sac on Linelle Street, as required by the General Manager, Transportation Services.

29. Prior to the earlier of the registration of the Plan of Subdivision or the Release for Construction of Services, the owner shall submit to the Chief Engineer, ECS for review and acceptance, a plan or plans, showing:

a. Functional Plan and cross-sections of all roads within the plan of subdivision incorporating the approved pavement widths and other infrastructure elements, and including the proposed connections with, and any improvements to, the existing streets within and surrounding the site development;

b. The proposed pavement markings and signage for all new roads;

c. Any modifications required to the pavement markings and signs on the existing roads; and

d. Minimum pedestrian clearway of 2.1 metres on the Linelle Street extension to the satisfaction of the Chief Engineer, ECS and 1.8 to 2.1 metres along the private road to the satisfaction of the Chief Planner.

30. The owner shall initiate the street naming process so that all public streets, private access roads and private walkways be named to facilitate access to the residential units fronting these streets, roads and walkways.

Servicing and Stormwater Management

31. The owner shall submit detailed engineering drawings, and if there have been any revisions, an updated functional servicing and stormwater management report for each phase or development block within the subdivision for review and acceptance, all to the satisfaction of the Chief Engineer, ECS.

32. The owner shall pay for and construct all municipal infrastructure required to service the Plan of Subdivision, including municipal infrastructure external to the plan of subdivision, such as watermain upgrades along Linelle Street and Franklin Avenue and replacing 4 (four) maintenance hole lids (MH4580810897, MH4611411904, MH4591711761 and MH4579711897) with watertight covers, to the satisfaction of the Chief Engineer, ECS.

33. The owner shall pay for and replace all existing sub-standard water service connections along the Linelle Street and Franklin Avenue watermain upgrades with standard water service connections to the satisfaction of the Chief Engineer, ECS.

34. Prior to registration of the Plan of Subdivision, the owner shall submit to the Chief Engineer, ECS for review and acceptance, all revisions and/or updates to the Functional Servicing Report.

35. The owner shall update the accepted Functional Servicing Report, including the stormwater management strategy, if directed by the Chief Engineer, ECS in the event that it is determined that field conditions are not suitable for implementation of the servicing and storm water strategy recommended in the Functional Servicing Report prior to proceeding to the next development phase or development block within the subdivision.

36. The Owner shall obtain/verify the municipal addresses that will be required for the purpose of setting up the water account with Toronto Water when application is made for the proposed sewer and or/water service connections (as applicable).

37. Prior to assumption of services by the City pursuant to the Subdivision Agreement, the owner agrees to perform all necessary work to complete a Toronto Water Wellness Report to the satisfaction of the General Manager, Toronto Water.

38. The owner shall provide certification to the Chief Engineer, ECS by the Professional Engineer who designed and supervised the construction, that the site servicing facilities have been constructed in accordance with the accepted drawings.

Grading

39. The owner acknowledges and agrees that the final grading of the Subdivision will be such that the surface water originating on or tributary to the draft plan of subdivision, including roof water from buildings and surface water from paved areas, will be discharged in a manner satisfactory to Chief Engineer, ECS and the owner further agrees that the existing drainage patterns on adjacent properties will not be altered.

40. The owner shall include the following warning clause in all offers of purchase and sale, rental agreements and/or leases of residential units in the development:

"The Purchaser/Tenant and/or Lessee covenant and agree that they will not alter or interfere with the grading and drainage levels and patterns, as approved by the City of Toronto, without limiting the generality of the foregoing, will not alter, fill, fence, stop up or allow to become clogged or fall into a state of disrepair any area drains, infiltration trench, facility or installation, as such alteration or other action as stated, may cause a failure of the drainage system in the area which will result in civil liability. Purchaser(s) and/or Tenant(s) hereby agree to indemnify and save harmless the City of Toronto from all actions, causes of action, suits, claims and demands whatsoever which may arise directly or indirectly, by reason of such alteration or other action, as stated above."

TORONTO HYDRO

41. Prior to earlier of the registration of the plan of subdivision or the release for construction of services, the owner shall submit to the following to the Chief Engineer, ECS in connection with electrical distribution and street lighting:

a. Toronto Hydro-Electric System Ltd. ("THESL") (distribution):

i. Copy of "offer to connect" (OTC),

ii. Written confirmation that financial securities have been posted, and

iii. Written confirmation from THESL that satisfactory arrangements have been made for the installation of an electrical distribution system for the subdivision.

b. Toronto Hydro Energy Services Inc. ("THESI") (street lighting):

i. Cost estimate of the construction/installation of streetlights, and the hydro inspection fee,

ii. Financial security to the City in amount of 130% of the streetlight cost estimate and inspection fee, and

iii. A copy of written confirmation from THESI that satisfactory arrangements have been made for the installation of street lighting for the subdivision.

42. The owner shall also be responsible for obtaining approval from THESI for removing and/or relocating any utility with attached municipal street lighting and for any upgrades.

SOLID WASTE SERVICES

43. Collection of waste materials for this development will take place in the laneway. The owner shall advise any future Purchaser/Tenant and/or Lessee that they are responsible for moving the bins to the curb of the private driveway on collection day and for returning them to private property once they are emptied.

WINTER MAINTENANCE

44. The Owner agrees to include in all Agreements of Purchase and Sale and/or Rental Agreements a warning clause advising purchaser(s) and/or tenant(s) that there will be no sidewalk winter maintenance and no snow clearing at driveway location by the City.

PARKS, FORESTRY AND RECREATION - PARKLAND DEDICATION

General

45. Prior to the registration of the plan of subdivision, pursuant to Section 42 of the Planning Act and in accordance with Toronto Municipal Code Chapter 415-28, the owner shall convey to the City Block 2, being seven hundred and eighty-seven (787) square metres as public parkland, in an acceptable environmental condition, free and clear above-grade and below-grade of all physical obstructions and easements, encumbrances, unless otherwise permitted in writing by the General Manager, Parks, Forestry and Recreation (the "General Manager, PFR") or as otherwise permitted by this Agreement, and free and clear of all title encumbrances including, but not limited to all easements, rights-of-way, leases, charges, and encroachments, including surface and subsurface easements, to the satisfaction of General Manager, PFR and the City Solicitor (the "Parkland").

46. The owner shall pay for the costs of the preparation and registration of all relevant documents. The owner shall provide all legal descriptions and applicable reference plans of survey for the Parkland to the satisfaction of the City Solicitor.

Parkland Conveyance - Environmental Obligations

47. Prior to conveying the Parkland to the City, the owner shall:

a. Submit a Qualified Person Preliminary Statement Letter, that is dated and signed by the applicant's Qualified Person, as defined in Ontario Regulation 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, ECS and copy to the General Manager, PFR.

b. 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, to the Chief Engineer, ECS. Submit further deposits when requested to cover all costs of retaining a third-party peer reviewer;

c. 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, ECS;

d. At the completion of the site assessment/remediation process, submit a Statement from the Qualified Person based on the submitted environmental documents, to the Chief Engineer, ECS for peer review and concurrence, which states:

In the opinion of the Qualified Person:

iv. 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

v. To the extent that the opinion in d. i. above 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.

e. Land to be conveyed to the City meets either:

vi. 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

vii. The Property Specific Standards as approved by the Ministry for a Risk Assessment / Risk Management Plan which was conducted in accordance with the conditions set out herein.

f. The Qualified Person's statement, referenced in condition 47. a. above, will include a Reliance Letter that is dated and signed by the applicant'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, ECS.

g. For conveyance of lands requiring a Record of Site Condition (RSC):

viii. File the Record of Site Condition (RSC) on the Ontario Environmental Site Registry; and

ix. Submit the Ministry'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 Chief Engineer, ECS and to the General Manager, PFR.

Park Construction

Base Park Improvements

48. The owner, at its expense, shall be responsible for base park construction and installation. The base park improvements include the following:

a. Demolition, removal and disposal of all existing materials, buildings, foundations and associated servicing;

b. Grading inclusive of 300mm depth topsoil supply and placement. Where lands have been environmentally risk assessed in accordance with the Ministry of the Environment, Conservation and Parks, including its successors and predecessor’s regulations, the required depth profile of the environmental soil / soft cap shall be 1.5 metres of engineered fill compacted to 95% SPD and certified by the consulting engineer:

x. In the case of a risk-assessed site, all materials brought on site shall comply with the site-specific standards outlined in the Certificate of Property Use and in accordance with the Environmental Protection Act and O. Reg. 153/04; and

xi. In the case where no risk assessment of the site is required, all materials brought on site shall comply with Table 3 RPI standards, incorporated by reference into O. Reg. 153/04;

c. Sodding #1 nursery grade;

d. Fencing, where deemed necessary;

e. Sanitary and storm service connections with manholes at the streetline;

f. Water and electrical service connections (minimum water: 50mm to the streetline including backflow preventers, shut off valves, water metre and chamber; electrical connection to the streetline and electrical panel in a lockable cabinet (200 Amp service));

g. Street trees along all public road allowances abutting City-owned parkland;

h. Standard park sign (separate certified cheque required in the amount of $3,000.00);

i. All work is to be completed to the satisfaction of the General Manager, PFR.

(collectively, the “Base Park Improvements”)

49. The owner agrees that all mechanical elements of the Base Park Improvements referred to above are to be designed and installed so that they function independently and so that the operational controls are accessible other than through private property.

50. If any element of the Base Park Improvements are deemed to be unnecessary, the owner shall submit a certified cheque for the equivalent value, to the satisfaction of the General Manager, PFR.

51. Prior to the issuance of the first above grade building permit, the owner shall submit a cost estimate and any necessary plans for the Base Park Improvements, to the satisfaction of the General Manager, PFR.

52. Prior to issuance of the first above grade building permit, the owner shall post an irrevocable Letter of Credit in the amount of 120% of the value of the Base Park Improvements for the Parkland to the satisfaction of the General Manager, PFR. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with Base Park Improvements.

53. The Owner shall provide documentation from a Qualified Person that any fill or topsoil brought onto the Parkland meets all applicable laws, regulations and guidelines for use in a public park, including O. Reg 153/04, to the satisfaction of the General Manager, PFR.

54. The construction of the Base Park Improvements on the Parkland shall be completed, within two (2) years after the issuance of the first above-grade building permit for the development, to the satisfaction of the General Manager, PFR. Unforeseen delays (e.g. weather) resulting in the late delivery of the Parkland shall be taken into consideration and at the discretion of the General Manager, PFR when determining a revised delivery date for the Parkland.

55. After a period of 2 years from the date of issuance of the first Above-Grade Building Permit for any Development on the Lands,

a. If the Base Park Improvements are not yet commenced as a result of delays by the Owner, the Owner shall increase the amount of the Base Park Improvements Security held by the City by an amount equal to the Building Construction Price Index for the year previous, and

b. On each succeeding anniversary date beyond the said 2 years, the Owner shall increase all of the Base Park Improvements Security held by the City by the amount of the Building Construction Price Index for the previous year.

Temporary Fencing

56. Prior to conveyance of the Parkland, and after the conveyance of the Parkland until such time as the final Parkland has been accepted, the applicant shall be responsible for the installation and maintenance of temporary fencing around the Parkland and its maintenance until such time as the development of the Block 2 is completed.

Parkland Grading and Drainage

57. Prior to conveyance of the Parkland, and after the conveyance of the Parkland until such time as the final Parkland has been accepted, the applicant shall ensure that the grading and drainage of the Parkland is compatible with the grades of the adjacent development blocks to the satisfaction of the General Manager, PFR.

58. The applicant must provide documentation from a qualified environmental engineer that any fill or topsoil brought onto the site meets all applicable laws, regulations and guidelines for use in a public park.

Above Base Park Improvements

59. In addition to the Base Park Improvements, the Owner shall be responsible to design and construct Above Base Park Improvements for the Parkland beyond the Base Park Improvements (the “Above Base Park Improvements”).

60. The Above Base Park Improvements shall be completed to the satisfaction of the General Manager, PFR within two (2) years after the issuance of the first above-grade building permit for the development, to the satisfaction of the General Manager, PFR. Unforeseen delays (e.g. weather) resulting in the late delivery of the Parkland shall be taken into consideration and at the discretion of the General Manager, PFR when determining a revised delivery date for the Parkland.

Credit Against Development Credits for Above Base Park Improvements

61. Should the owner decide to undertake the Above Base Park Improvements, the owner agrees to design and construct the Above Base Park Improvements to the Parkland, for a Development Charge credit against the Parks and Recreation component of the Development Charges, to the satisfaction of the General Manager, PFR. The Development Charge credit shall be in an amount that is the lesser of the cost to the Owner of installing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of Development Charges payable for the development in accordance with the City’s Development Charges By-law, as may be amended from time to time.

62. The owner agrees that should the cost to construct the Above Base Park Improvements as approved by the General Manager, PFR be less than the development charge credit described in Condition 61 above, the difference shall be paid to the City by certified cheque.

Included in Calculation of Above Base Park Improvements Cost

63. The calculation of the cost of the Above Base Park Improvements shall include the costs of design, public consultation, working drawings & specifications, construction labour and materials, general supervision during construction, contract administration, inspection and testing and certification of completions to the satisfaction of the General Manager, PFR.

Not Included in Calculation of Above Base Park Improvements Cost

64. The calculation of the cost of the Above Base Park Improvements shall not include the costs below of the Owner:

a. All head office, administration and overhead costs;

b. The costs of financing the park improvements;

c. The costs associated with the provision of any insurance;

d. Aany costs incurred by the Owner or damages paid by the Owner resulting from actions or claims made against the Owner arising in any way from the provision by the Owner of the Park Improvements, including the Owner’s control and occupation of the Parkland; and

e. The costs of settling the terms of the Subdivision Agreement.

Owner to Design and Construct in Consultation

65. The Owner shall be responsible to design and construct the Above Base Park Improvements to the satisfaction of the General Manager, PFR. Areas to be addressed in the design of the Parkland are: park programming, structural integrity, sustainable design and plantings, community and public safety, ground surface treatments, seating, vandalism etc. Final design and programming of the Parkland shall be at the discretion of the General Manager, PFR. The Owner agrees that the park design process shall include a minimum of one (1) public consultation meeting and that the consulting Landscape Architect shall actively participate in the public consultation process and other meetings with City Staff, stakeholders, and other agencies as may be required in the context of refining the Park Submission.

Drawings to be Approved

66. All design and tender drawings as well as construction documents shall be submitted for review and approval by the General Manager, PFR before any agreement is entered into for the construction of the Park Improvements. The process shall include the submission of interim design and cost estimates for review by the General Manager, PFR at approximately 30%, 60%, 90% and 100% design stages.

67. Prior to the issuance of the first Above Grade Building Permit for any part of the Development, the Owner is required to submit working drawings, specification and landscape plans showing the scope and detail of the work for the Above Base Park Improvements including a context map, site preparation plan, tree preservation or removal plan, landscaping plan, electrical plan, servicing plan, irrigation plan, together with supporting materials and documentation as may be required, for review and approval by the General Manager, PFR (the “Park Submission”).

68. After the submission of the Park Submission, the Owner and the City shall work cooperatively to finalize the Park Submission, and make any amendments thereto, as required, to provide the 100% complete construction drawings (the “Approved Park Submission”) and the Approved Park Submission shall be submitted and approved prior to issuance of the Above-Grade Building Permit for the Development to the satisfaction of the General Manager, PFR. At the discretion of the General Manager, PFR, the Approved Park Submission may be less than 100% complete, with complete construction drawings accepted no later than 6 months after the issuance of the first Above-Grade Building Permit for the Lands.

Landscape Architect

69. The Park Improvements shall be designed and their construction and installation shall be supervised by a firm of consulting landscape architects, which is acceptable to the General Manager, PFR, at the Owner’s expense and the consulting Landscape Architect shall be the Owner’s primary contact with the General Manager, PFR regarding the design and construction of the Park Improvements.

70. The Landscape Architect fee shall be a maximum of a standard amount as determined by the General Manager, PFR based on the Ontario Association of Landscape Architects (OALA) Fee Guide for Landscape Architectural Services 2016.

71. All design drawings shall carry the signature and stamp of a Landscape Architect who is responsible for the designs.

72. The Owner agrees that the construction of the Above Base Park Improvements is to be tendered as a discrete package, separate from all other work and the Owner shall:

a. Prior to issuance of a tender, provide the General Manager, PFR with:

xii. Copies of all relevant project documentation including documentation released to proposed contractors or subcontractors in respect of the Park Improvements and the results of responses received;

xiii. All plans and drawings, to be submitted to any contractor retained by the Owner; and

xiv. A description of the proposed products and materials.

b. Provide copies of completed and returned tender bids are to be reviewed by the General Manager, PFR prior to contractor selection, and final contractor selection is to have approval by the General Manager, PFR.

Copy of Hiring Agreement

73. The Owner shall file a copy of the hiring agreement or contract between the Owner and the Landscape Architect consulting firm with the General Manager, PFR before any design drawings are approved.

Contents of Hiring Agreement

74. The hiring agreement or contract shall include, but not be limited to, design, public consultation, preparation of all working drawings and specifications, contract administration, general supervision during construction and certification of all completed work to the satisfaction of the General Manager, PFR.

75. The Parties acknowledge that they shall cooperate to ensure that by at least six months after the issuance of any Building Permit, the City shall have provided the framework to the Owner for hiring a qualified Landscape Architect consulting firm or team, which framework may include, but not be limited to:

a. The skills, qualifications and experience of the qualified consulting firm or consulting team;

b. A work program including phases, deliverables, and project meetings;

c. The ability to work with a local working group comprised of representatives from the resident’s association, the BIA, the Ward Councillor’s Office, the Owner, City staff, and any other groups whose participation is required;

d. The ratio of design fees to the overall budget for the design and construction of the park; and

e. Design and park planning guidelines and a draft park program.

76. The Owner agrees that upon receiving that framework, the Owner shall retain a Landscape Architect consulting firm or team that meets this framework to the satisfaction of the General Manager, PFR.

Result of Tender Bids

77. If, during the tender/pricing process and prior to entering into a construction contract, based on bids received the Owner determines that the anticipated cost of the Above Base Park Improvements is expected to be significantly less than as estimated in the Approved Park Submission, the Owner shall so advise the City and, in consultation with the General Manager, PFR, may be required to adjust the scope of work for the Above Base Park Improvements and modify the construction drawings, as necessary, to the satisfaction of the General Manager, PFR such that anticipated costs more closely reflect the original estimated amount.

78. If, during the tender/pricing process and prior to entering into a construction contract, based on bids received, the Owner determines that anticipated cost of the Above Base Park Improvements is expected to be greater than the Parks and Recreation component of the Development Charges, for which the Owner shall receive a credit as contemplated in Condition 61 above, the Owner shall so advise the City, and:

a. The City may, entirely at its own election, agree to accept responsibility for any additional costs exceeding the Parks and Recreation component of the Development Charges in order to facilitate completion of the Above Base Park Improvements based on the Approved Park Submission;

b. The Owner may, entirely at its own election, agree to accept responsibility for any additional costs exceeding the Parks and Recreation component of the Development Charges in order to facilitate completion of the Above Base Park improvements based on the Approved Park Submission;

c. The City and the Owner may agree to any combination of a. or b. above;or

d. If neither the City nor the Owner elect to accept responsibility for additional costs, the Owner shall adjust the scope of work for the Above Base Park Improvements, modify the construction drawings and re-tender the project as applicable, to the satisfaction of the General Manager, PFR so that the anticipated costs shall more closely reflect an amount less than the original estimated amount so that the cost to be incurred by the Owner is approximately equal to the credit received by the Owner from the City in relation to the Parks and Recreation component of the Development Charges.

Final Contract Documents

79. Prior to finalizing the contract documents following the bid and tender process, the Owner shall ensure that the contract documents are satisfactory to the General Manager, PFR and that the General Manager, PFR has approved the successful contractor(s).

80. Prior to the commencement of the construction of the Above Base Park Improvements, the Owner shall file with the General Manager, PFR true copies of all contracts respecting such construction (including all schedules and drawings) and a list identifying the subcontractors proposed to be engaged; and the Owner agrees, all plans and drawings, as submitted to any contractor or sub-contractor retained by the Owner, shall carry the seal of and be signed by the Landscape Architect as being the Approved Park Submission.

Changes to Contracts

81. If the Owner terminates or permits the termination of any agreement pursuant to which a contractor is obliged to carry out and complete the construction of any of the Park Improvements, or amends or alters such agreement or permits it to be amended or altered in such a way that the obligations of such a contractor are reduced or otherwise altered substantially, or engages or permits the engagement of any contractor other than the contractor or contractors named in the agreement or agreements delivered to the General Manager, PFR or any subcontractor other than the subcontractors identified on the approved list, the Owner shall give written notice thereof to the City and the Owner shall obtain the consent of the General Manager, PFR to any such termination, amendment, alteration or hiring, provided nothing herein shall be contrary to the requirements of this Agreement.

Owner to Advise of Commencement

82. The Owner shall not commence the construction of the Above Base Park Improvements without giving reasonable prior written notice to the General Manager, PFR that it intends to commence the work and the Owner shall proceed in accordance with the construction schedule included in the Approved Park Submission.

Meetings and Inspection during Construction

83. The General Manager, PFR shall be given access to and opportunity to participate in all construction meetings and the Owner shall notify the General Manager, PFR of all meetings and any critical or emergency meetings (with a minimum two (2) business days’ notice, where feasible, so the General Manager, PFR can arrange to attend).

84. The General Manager, PFR shall be entitled, at any reasonable time, without giving prior notice, to enter upon the Lands to inspect the construction of the Park Improvements, including progress and quality of work, and all contracts for the construction of the Above Base Park Improvements shall make appropriate provision for the same.

Changes to Contract Terms

85. The Owner and the City acknowledge and agree that:

a. All proposed changes to the construction contract(s), including change orders, are required to be submitted for prior written approval to the General Manager, PFR for review in a reasonably prompt and timely manner; and

b. The General Manager, PFR reserves the right to have changes removed at the Owner’s cost, in the event they are made without the prior approval of General Manager, PFR.

Progress Certificates

86. If requested by the General Manager, PFR, the Owner shall require the Landscape Architect to provide progress certificates which include details respecting the status of completion, amounts paid and due on construction contracts, amount of holdbacks required under the Construction Act or other applicable legislation.

Completion and Acceptance

87. The Owner shall complete the Park Improvements in accordance with the Approved Park Submission and terms of this Agreement to the satisfaction of the General Manager, PFR. Following completion of the Park Improvements, the Owner shall contact the General Manager, PFR to initiate inspections by City staff and consideration by the General Manager, PFR of acceptance of the Parkland by the City prior to its conveyance pursuant to this Agreement (“Park Acceptance”).

88. Prior to Park Acceptance by the City, the Owner shall, to the satisfaction of the General Manager, PFR:

a. Complete all Park Improvements to the satisfaction of the General Manager, PFR as confirmed through City inspections;

b. Ensure that all construction work is certified to substantial performance in accordance with the Construction Act and the Owner shall forward all documentation for substantial performance and release of holdbacks to the City for review and approval;

c. Hold back all amounts required to be held back by the Construction Act and the Owner shall be responsible for any vacating liens placed on the Parkland as a result of the design, construction and provision of the Park Improvements to the City by the Owner as required by this Agreement;

d. Cause the Landscape Architect to provide the General Manager, PFR with certification as to park completion verifying that the Park Improvements have been completed in accordance with the Approved Park Submission and the date of such completion;

e. Provide documentation from a qualified environmental engineer certifying that any fill or topsoil brought onto the lands comprising the Parkland met all applicable laws, regulations and guidelines for use in a Parkland;

f. Ensure that contractors or suppliers as appropriate, have provided appropriate training to City Staff or have demonstrated the operation and maintenance of any equipment or systems requiring special procedures;

g. Have satisfied the environmental obligations set out in this Agreement; and

h. Provide any other materials or documents as may be deemed relevant and necessary by the General Manager, PFR.

89. The Landscape Architect shall append the following to a park completion certificate to the satisfaction of the General Manager, PFR:

a. A description of the Park Improvements and statement as to the date of completion;

b. Confirmation that the final payment has been issued with respect to the Park Improvements;

c. All documentation and certificates relating to the Construction Act confirming that there are no liens registered against the Lands, including the lands comprising the Parkland;

d. All requisite compliance letters, certificates, inspection and test results, including environmental compliance contemplated herein;

e. All licenses or permits for equipment or systems;

f. All owner’s and maintenance manuals for any and all equipment, machinery, devices and appurtenances;

g. A complete set of as-built drawings in hard copy (two (2) full size bond and one (1) set 11x17 format) and digital format (CD or USB, in the latest version of AutoCAD, and as PDFs) which include but are not limited to specifications, locations of all hidden services, and all deviations from the design drawings, shop drawings, inspection reports, minutes of meetings, site instructions, change orders, invoices, certificates, progress images, warrantees, close out documentation, compliance letters (for any play structures and safety surfaces), manuals, etc. The files are to be organised in folders, including a file index and submitted;

h. Certified grading plans;

i. All warranties, certificates or documents for all equipment, machinery, devices and systems as transferred to the City;

j. Spare or replacements parts, special tools and other such items as may be provided by the manufacturer;

k. A statement as to the actual total cost of the Park Improvements as constructed; and

l. Such other similar types of information or materials relating to the Park Improvements. (the “Park Completion Certificate”).

90. Within a reasonable time of receipt of the Park Completion Certificate from the Landscape Architect, the General Manager, PFR shall forward to the Owner and the Landscape Architect either:

a. A notice of acceptance of the Park Completion Certificate; or

b. A list of deficiencies (the “Park List of Deficiencies”).

91. Upon receipt of a Park List of Deficiencies, the Owner:

a. Shall promptly remedy any defects or deficiencies contained therein; and

b. Upon completion, cause the Landscape Architect to issue a replacement Park Completion Certificate and accompanying materials as applicable.

92. Upon receipt of a replacement Park Completion Certificate from the Landscape Architect, the General Manager, PFR shall, if satisfied, issue a notice of acceptance (the “Park Notice of Acceptance”) and the replacement Park Completion Certificate shall be deemed to be the approved Park Completion Certificate.

Construction Act Matters

93. If any lien is claimed pursuant to the Construction Act for the supply of services or material in connection with the said work, the Owner shall be considered to be in default unless all such liens are discharged or vacated within twenty (20) days of the Owner becoming aware of such lien, including, without limitation, service of a statement of claim or notification by the City of any claim, and if the Owner does not discharge or vacate such liens, the City may, in its absolute discretion, use the Financial Security deposited by the Owner for the Park Improvements to pay into court any amounts required to vacate all liens plus costs of such lien or liens, if not paid forthwith after a written demand by the City to the Owner. Further, the Owner shall indemnify the City against any claims, actions or demands in connection with the said work and all costs reasonably incurred by the City as a result of such claims, actions or demands.

94. Should a lien be registered against the property, the full value of the Base Park Improvements Security and the Above Base Park Improvements Security will be held until the lien has been cleared, or the City will, at its discretion, draw on the value of the securities to clear the lien.

20% for Two Years

95. On receipt of the Park Completion Certificate acceptable to the General Manager, PFR, the City shall reduce both the Base Park Improvements Security and the Above Base Park Improvements Security held pursuant to this Section, retaining an amount equivalent to twenty percent (20%) of the original amount of each of the Base Park Improvements Security and Above Base Park Improvements Security to guarantee quality of work and materials for two (2) years.

Two-Year Park Improvements Warranty

96. The Owner shall correct or cause to be corrected at its own expense and to the satisfaction of the General Manager, PFR any defects or deficiencies in any portion of the Park Improvements appearing within a period of two (2) years after the Park Completion Certificate has been accepted together with any damage that may occur to any other portions of the Park Improvements resulting from any such corrections arising from this Condition (“Park Guarantee Period”).

City may Correct Work

97. If the General Manager, PFR deems at any time during such Park Guarantee Period that any of the Park Improvements are defective or unsuitable, the General Manager, PFR may, following thirty (30) days’ notice having been provided to the Owner in writing giving the Owner an opportunity to remedy, draw on the Financial Security, and apply such monies to pay for part or all of the costs to correct such deficiencies or to do such maintenance, including the City’s management fee equal to twenty percent (20%) of the total cost of the required work. It is understood that the cost of workers employed to do such work, whether or not such workers are normally employed by the City, may be paid for by drawing on the Base Park Improvements Security and/or Above Base Park Improvements Security.

Final Parkland Acceptance Certificate

98. Not later than thirty (30) days prior to expiry of the Park Guarantee Period for the Park Improvements, the Owner shall arrange with the General Manager, PFR for a final inspection of that portion of the Park Improvements and shall deliver a final acceptance certificate from the Landscape Architect in a form satisfactory to the General Manager, PFR certifying there are no defects or deficiencies in such Park Improvements referred to therein (the “Final Park Acceptance Certificate”).

99. Upon receipt of the Final Park Acceptance Certificate and provided that the General Manager, PFR is satisfied that there are no outstanding defects or deficiencies, the General Manager, PFR shall so advise the Owner in writing and the Park Guarantee Period shall expire for such Park Improvements upon the expiry of the Park Guarantee Period at which time the Parkland is fully assumed by the City and the outstanding Base Park Improvements Security and the outstanding Above Base Park Improvements Security shall be fully refunded to the Owner.

Warranty Extended Until Final Inspection

100. If the Owner fails to arrange the final inspection of any Park Improvements with the General Manager, PFR within the time fame provided for in this Section, the Park Guarantee Period and Owner’s warranty respecting such Park Improvements shall be deemed to be extended until the date of such final inspection, certificate delivery and acceptance thereof.

General Manager, PFR may Implement Park Improvements

101. Notwithstanding any other provision of this Agreement, if at any time the General Manager, PFR in their sole discretion is dissatisfied with the progress of the Owner in implementing the Park Improvements, the General Manager, PFR may, following thirty (30) days’ notice having been provided to the Owner in writing giving the Owner an opportunity to address the concerns of the General Manager, PFR, in its unfettered discretion draw on the Financial Security and apply such monies to pay for part or all of the costs to complete the implementation of the park improvement process, including the City’s management fee equal to twenty percent (20%) of the total cost of the required work. It is understood that the cost of workers employed to do such work, whether or not such workers are normally employed by the City, may be paid for by drawing on the Financial Security.

Park Improvement Documentation to Belong to the City

102. The Owner acknowledges and agrees that all documentation comprising any description of the Park Improvements, along with all drawings, correspondence, documentation and information provided to the City by the Landscape Architect and/or contractor in connection with, or arising out of the construction of the Park Improvements, once received by the City:

a. Shall become the property of the City; and

b. Shall become subject to Municipal Freedom of Information and Protection of Privacy Act and may be released.

103. Should the Owner undertake Improvements (either Base or Above Base) on the Public Park following conveyance of the Public Park to the City, the owner must obtain a Park Access Agreement ("PAA") from the local Park Supervisor and Landscape Architecture Unit. The PAA will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, PFR. The Owner will indemnify the City against any claim during any interim use of or work carried out by the Owner, or their agent, on the Public Park.

TORONTO AND REGION CONSERVATION AUTHORITY (TRCA)

104. The owner shall address the following to the satisfaction of the Toronto and Region Conservation Authority (the "TRCA"):

a. The requirements of the TRCA's conditions as part of the TRCA in wording acceptable to the TRCA;

b. To design and implement on and off-site erosion and sediment control;

c. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA;

d. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; and

e. To install fences along the boundary of the development and open spaces on Block 4 and Block 5.

105. Prior to or concurrent with the registration of the Plan of Subdivision, the owner shall convey, at no cost to the TRCA, 0.144 hectares of land, as shown on Block 4 on the draft Plan of Subdivision, in a manner satisfactory to the TRCA.

106. Prior to the issuance of any TRCA permit under O. Reg. 166/06, prior to the registration of the Plan of Subdivision, and prior to the conveyance of Block 4 to the TRCA, the owner agrees to make arrangements for ecosystem compensation for the loss of the ecosystem structure and functions (woodland removal of 0.11 hectares) and loss of the land base (buffer reduction of 226.01 square metres) as detailed in the TRCA's comments dated December 2, 2021, consistent with TRCA's Guidelines for Ecosystem Compensation, 2018, as amended.

107. Prior to the registration of the Plan of Subdivision, and prior to the conveyance of Block 4 to the TRCA, the owner shall complete the implementation of the Ravine Stewardship Plan, prepared by Kuntz Forestry Consulting Inc., dated March 7, 2022, to the satisfaction of the TRCA and the City's Ravine and Natural Feature Protection Division (RNFP).

108. Despite Condition 107 above, if the owner does not complete all or part of the implementation of the Ravine Stewardship Plan prior to the conveyance of Block 4 to the TRCA, the owner shall, prior to the registration of the Plan of Subdivision, and prior to the conveyance of Block 4 to the TRCA:

a. Provide the City with a letter of credit for 120% of the value of the estimated cost for the works necessary to implement the Ravine Stewardship Plan, to the satisfaction of the City's Ravine and Natural Feature Protection Division (RNFP), in consultation with the TRCA;

b. Provide proof of access arrangements for entry to Block 4 to ensure implementation of the Ravine Stewardship Plan, to the satisfaction of the TRCA and the General Manager, Parks, Forestry Recreation (RNFP Division), in consultation with the City Solicitor; and

c. Install fences along the boundary of the development and open spaces on Block 4 and Block 5.

RAVINE & NATURAL FEATURE PROTECTION

109. Prior to registration of the Plan of Subdivision, the owner shall submit a revised arborist report and tree protection plan as part of a complete RNFP Permit Application submission to fully identify, assess, and prescribe measures for mitigation of injury or destruction (removal) and compensation of Tree 213. Tree protection measures must address the proposed storm sewer installation and existing storm sewer removal within the minimum protection distance of Tree 213 to the satisfaction of General Manager, PFR, RNFP Section. A revised Ravine Stewardship Plan to the satisfaction of General Manager, PFR, RNFP Section may be necessary to sufficiently address restoration requirements in the area of disturbance necessitated by this work.

110. Prior to registration of the Plan of Subdivision, the owner shall submit financial security for tree planting, ravine stewardship plans, tree protection in the form of a Letter of Credit or certified cheque payable to Treasurer, City of Toronto, in the total amount of fifty-five thousand thirty-two dollars ($55,032.00) in Canadian Funds, to the satisfaction of General Manager, PFR, RNFP Section. This amount is equal to 120% of the submitted cost estimate of implementing the ravine stewardship plan to the satisfaction of General Manager, PFR, RNFP Section. The security deposit shall be directed to the Supervisor, Ravine & Natural Feature Protection. Please reach rnfp@toronto.ca to confirm currently accepted methods of payment and delivery methods.

111. Prior to the issuance of any building permit for the site, the owner shall install tree protection hoarding and sediment fencing in the locations as indicated in the approved tree protection plan to standards as detailed in the City’s Tree Protection Policy and Specifications for Construction near Trees (https://www.toronto.ca/data/parks/pdf/trees/tree-protection-specs.pdf) and to the satisfaction of the General Manager, PFR, RNFP Section.

112. The owner acknowledges that trees protected by this bylaw may not be removed, injured, or destroyed without a RNFP Permit. The owner shall submit a complete RNFP Permit Application including up-to-date report(s) and drawings(s) to rnfp@toronto.ca. Details on how to apply are available at https://www.toronto.ca/services-payments/building-construction/tree-ravine-protection-permits/permit-to-undertake-work-in-ravines/.

113. The owner acknowledges, once the tree and site protection measures have been installed or undertaken, the owner shall notify the RNFP at rnfp@toronto.ca to arrange for an inspection of the site and approval of the tree protection measures.

CANADA POST

114. The owner will be required to provide signature for a License to Occupy Land Agreement and provide winter snow clearance at the Community Mailbox location(s).

115. The owner acknowledges that the Community Mailbox location(s) with roof structures will require additional documentation as per Canada Post Policy.

116. The owner acknowledges that there will be no more than one mail delivery point to each unique address assigned by the City.

117. The owner should contact Canada Post to verify postal codes for the project and should not assume that any existing postal coding applies.

ADVISORY NOTES

HYDRO ONE

1. Hydro One Networks Inc. has requested that the following paragraph be included as a note to draft approval:

"An electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating DANGER - Overhead Electrical Wires in all locations where personnel and construction vehicles might come in close proximity to the conductors."