Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 18, 2024 CASE NO(S).: OLT-22-002268

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

Applicant and Appellant: Dundeal Canada (GP) Inc. Subject: Proposed Plan of Subdivision – Failure of City of Toronto to make a decision Purpose: To permit a comprehensive development of a mixed-use, transit-oriented community Property Address/Description: 2200-2206 Eglinton Avenue East, 75 Thermos Road and 1020-1030 Birchmount Road Municipality: City of Toronto Municipality File No.: 20 154640 ESC 21 SB OLT Case No.: OLT-22-002268 OLT File No.: OLT-22-003791 OLT Case Name: Dundeal Canada (GP) Inc. v. Toronto (City)

BEFORE: G.A. CROSER ) Thursday, the 17th MEMBER ) day of October, 2024

THIS MATTER, in respect of the lands at 2200-2206 Eglinton Avenue East, 76 Thermos Road and 1020-1030 Birchmount Road in the City of Toronto, having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on August 3, 2022 and the Tribunal having issued a Decision on October 31, 2022, and subsequent Case Management Conferences being held with the most recent on January 31, 2024 and the Tribunal having issued that Decision/Order on February 6, 2024; and

THE TRIBUNAL having been advised by the Parties on October 2, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL upon reviewing the evidence of Benjamin Hoff RPP(“Hoff”), and the conditions of the Draft Plan of Subdivision is satisfied that the Draft Plan of Subdivision ("DPOS") and Conditions before the Tribunal are acceptable and meet the criteria under subsection 51(24) of Section 51 of the Planning Act. Further, the Tribunal accepts the opinion evidence of Hoff, that the DPOS and Conditions are necessary to ensure the orderly redevelopment of the Subject Site to construct, in development phases and blocks, a high-density, transit orientated, mixed-use development. The DPOS divides the site into lots that are an appropriate size for their intended use, it will create a network of new public streets, provide appropriate connections to the existing street framework, and include a combined public parkland dedication of approximately 0.58 hectares;

THE TRIBUNAL FURTHER finds that the application is consistent with the Provincial Policy Statement, 2020, conforms with the Growth Plan for the Greater Golden Horseshoe, 2019 and Amendment 1, 2020, and conforms with and implement Site and Area Specific Policy 625 and Site-Specific Zoning By-law Amendment, which were approved by the Tribunal on August 3, 2022. The Tribunal accepts the evidence of Hoff that the DPOS and Conditions adhere to the implementation and phasing provisions of the instruments previously approved by the Tribunal, which are intended to ensure that the new development is coordinated with the incremental implementation of the street network, the delivery of municipal services and transportation infrastructure, and the conveyance of public parkland, amongst other matters. The Settlement before the Tribunal has appropriate regard for matters of provincial interest, in particular the orderly development of safe and healthy communities, provision of a range of housing options, and is transit-supportive. This application represents good land use planning that is in the public interest.

THE TRIBUNAL ORDERS that the Plan of Subdivision Appeal is allowed, in part, and that the draft Plan of Subdivision, as prepared by KRCMAR Surveyors Ltd., on April 14, 2024, and included as Attachment "1" to this Order is approved,

THE TRIBUNAL ORDERS that the Conditions to the approval of draft Plan of Subdivision as identified in Attachment "2" to this Order are imposed on the approval pursuant to subsections 51(25) and (26) of the Planning Act. The Tribunal also orders that final approval of the plan of subdivision for the purposes of subsection 51(58) of the Planning Act is given to the City of Toronto pursuant to subsection 51(56.1) of the Planning Act.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

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 CONDITIONS OF DRAFT PLAN OF SUBDIVISION

City of Toronto Subdivision Application File No.: 20154640ESC 21 SB

Conditions relate to the draft Plan of Subdivision prepared and signed by Waldemar Golinski, KRCMAR Surveyors Ltd., dated April 15, 2024 relating to lands municipally known as 2200-2206 Eglinton Avenue East and 1020-1030 Birchmount Road, Toronto

PART I: CONDITIONS APPLICABLE TO ALL AND EACH PHASE, BLOCK AND BUILDING OF THE PLAN OF SUBDIVISION

General

1. The Owner shall enter into the City of Toronto (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 or designate (the “Chief Planner”) (the "Subdivision Agreement"). The Owner understands that the Subdivision Agreement will be registered on all of the lands as part of the first registration of the Plan of Subdivision. For each subsequent phase registration of the Plan of Subdivision, the Subdivision Agreement will be re-registered on the title to the lands subject of that phased registration. Prior to registration of the Plan of Subdivision for each phase, the Owner shall have satisfied all pre-registration conditions contained in the Subdivision Agreement as it pertains to each phase.

2. The Plan of Subdivision will be registered in five phases as follows:

a. Block 1 and Block 2, including Park Block 3, and any required right-of-way widenings (being Block 10, Block 11, Block 12 and Block 13) defined as “Phase 1";

b. Development on Block 4 generally south of the Block 19 reserve, including Street B1, including any required right-of-way widenings (being Block 14, Block 15, Block 16) defined as “Phase 2”;

c. Development on Block 4 generally north of the Block 19 reserve, including Street “A” and Street “B2”, including any required right-of-way widenings (being Block 9 and Block 17) defined as “Phase 3”;

d. Block 7, including Park Block 6, including any required right-of-way widenings (being Block 8) defined as “Phase 4”;

e. Block 5, including Street “C” with the Block 20 reserve, including any required right-of-way widenings (being Block 18) defined as “Phase 5”;

And reference to “Phase” means each of Phase 1, Phase 2, Phase 3, Phase 4 and Phase 5.

3. For greater certainty, only one Block 4 will be created in the earlier of registration of the Plan of Subdivision of either Phase 2 or Phase 3. Where development is intended to proceed on part of Block 4 located in Phase 3, then Phase 3 shall not be permitted to proceed in advance of Phase 2, unless all the conditions related Phase 2 are completed in advance of, or concurrent with, all the required conditions for Phase 3, except for any interim conditions that are intended to only address matters between Phase 2 and Phase 3, to the satisfaction of the Chief Planner and the Chief Engineer, ECS.

4. Despite Condition 2 above, Phase 2 and Phase 3 may be registered concurrently, provided all conditions related to both Phase 2 and Phase 3 are satisfied prior to registration of the Plan of Subdivision, except for any interim conditions to the approval of the Plan of Subdivision that are intended to only address matters between Phase 2 and Phase 3, to the satisfaction of the Chief Planner and the Chief Engineer, ECS.

5. Despite Condition 2 above, if the Owner advises of their intent, in writing, to the Chief Planner to proceed with Phase 4 or Phase 5, in advance of registration of Phase 2 and Phase 3, then Street “A”, Street “B1” and Street “B2”, including any associated right-of-way widenings and required services within such public streets, must be included in the earlier of the registration of the Plan of Subdivision for Phase 4 or Phase 5. For greater certainty, neither Phase 4 or Phase 5 can proceed in advance of construction and conveyance of Street “A”, Street “B1” and Street “B2”, including any associated right-of-way widenings, to the City.

6. All conditions, unless otherwise specified apply to all and each phase of registration of the Plan of Subdivision. Specific conditions to each phase are specified under Part II to Schedule B. Part I and Part II are to be read together.

7. Prior to registration of the Plan of Subdivision for each Phase, the Owner shall have satisfied all pre-registration conditions contained in the Subdivision Agreement as it pertains to each phase.

8. Prior to registration of the Plan of Subdivision for each Phase, the Owner shall provide to the Director of Community Planning, Scarborough 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.

9. The Owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner shall be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of a complete Site Plan Control application for each building or block.

10. Prior to registration of the Plan of Subdivision for any Phase, the official plan amendment and zoning by-law amendment to permit the development shall be in full force and effect.

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

Exceptions to Standard Requirements – Timing of Building Permits

12. The Owner shall not request or be entitled to any building permit and shall not proceed with any building permit for any building within the Plan of Subdivision, until the obligations for roads and services within, and external to, the Plan of Subdivision required for issuance of building permits have been completed in accordance with the Subdivision Agreement to the satisfaction of Executive Director, Engineering and Construction Services or designate (the "Chief Engineer, ECS") and the Plan of Subdivision has been registered for each respective phase to the satisfaction of the Chief Planner.

13. Despite any Condition in Part I or II, a Below-Grade Building Permit may be issued for Block 1 or Block 2 in advance of the registration of the Plan of Subdivision for Phase 1 provided the Owner has entered into a Municipal Infrastructure Agreement to the satisfaction of the Chief Engineer, ECS to secure the external servicing improvements. Any Financial Security required as part of the Municipal Instructure Agreement shall also include Financial Security associated with the preparation of design drawings associated with the infrastructure to be secured in the Municipal Infrastructure Agreement.

Engineering & Construction Services

General:

14. The Owner shall convey and dedicate all streets, as applicable, and as shown on the Plan of Subdivision as it pertains to each phase.

15. All new streets in the Plan of Subdivision must be designed and constructed in accordance with the City of Toronto Development Infrastructure Policy and Standards (DIPS), unless otherwise approved by the Chief Engineer, ECS and General Manager, Transportation Services.

16. The Owner shall convey and dedicate all corner roundings, and right-of-way widenings, as applicable, as shown on the Plan of Subdivision as it pertains to each phase and/or block, as required by the Chief Engineer, ECS and General Manager, Transportation Services.

17. The Owner shall convey all necessary easements to the City of Toronto as it pertains to each phase or block to the satisfaction of the Chief Engineer, ECS.

18. The Owner shall prepare all documents in each circumstance where the Owner is required 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.

19. The Owner, as required, shall submit a draft reference plan(s) of survey to the Chief Engineer, ECS for review and approval, prior to depositing it in the Land Registry Office. The plan(s) will:

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.

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

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

22. The Owner shall submit financial security in accordance with the terms of the Subdivision Agreement and prevailing City of Toronto policies.

23. 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. This condition does not preclude the Owner from entering into agreement(s) with other landowners with respect to any required municipal infrastructure.

24. 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.

25. Prior to registration of the Plan of Subdivision for each phase or conveyance of any lands to the City in the Plan of Subdivision, the Owner shall undertake and complete required environmental site assessment(s) for lands conveyed and 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) satisfactory to the Chief Engineer, ECS.

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

Existing and Proposed Easements

27. Prior to earlier of the Release for Construction of Services for each Phase and prior to the issuance of Notice of Approval Conditions for Site Plan Control for any building within each Phase, the Owner shall, all to the satisfaction of the Chief Engineer, ECS and the Executive Director, Corporate and Real Estate Management, in consultation with the City Solicitor:

a. conduct all necessary field investigations to confirm if there are any existing municipal infrastructure in the applicable Phase of development;

b. provide written explanation from the Owners' solicitor and their Surveyor to explain the nature of existing easements and rights, as are shown on Plan of subdivision, and their impacts on the design of municipal servicing and applicable site plan control applications, if any;

c. If existing municipal infrastructure is identified and any easements are determined not to be acceptable in the sole discretion of the City, the Owner shall evaluate the relocation and/or removal of such municipal services and obtain release of any easement(s) from the title to the lands.

Groundwater

28. The Owner acknowledges and agrees that the long-term discharge of private water from buildings to municipal sewer system is prohibited in compliance with the current City’s foundation drainage policy foundation drainage policy, as amended (https://www.toronto.ca/services-payments/water-environment/water-sewer-related-permits-and-bylaws/sewers-by-law/managing-foundation-drainage/).

Construction Dewatering & Private Water Drainage System

29. Prior to earlier the Release for Construction of Services and prior to the issuance of Notice of Approval Conditions for Site Plan Control for any building within each Phase, if the Owner proposes to discharge short-term groundwater to the City sewer system then the Owner shall provide a Hydrogeology Report, which is specific to each building/block and specific to each Phase, to the satisfaction of Chief Engineer, ECS in consultation with the General Manager, Toronto Water. The Hydrogeology Report shall contain information regarding subsurface hydrologic and geologic conditions in an area or location and determine the quality and quantity of groundwater from the property and be in accordance with the City of Toronto Terms of Reference for Hydrogeology Reports. Groundwater quality shall be assessed for each proposed building within each Block in each Phase. The groundwater quantity, including construction dewatering and permanent dewatering for each building, shall be provided in the Hydrogeology Report that is specific to the block, building and/or Phase.

30. Prior to the earlier of issuance of any building permit for any building in each Phase, prior to the Release for Construction of Services for each Phase and prior to the registration of the Plan of Subdivision for each Phase, the Owner acknowledges and agrees that 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 (“TMC”) Chapter 681 – Sewers, unless the building, block or Phase in the Plan of Subdivision has obtained discharge approval in the form of a Discharge Agreement under TMC 681-6 from General Manager, Toronto Water.

a. If the Owner wishes to discharge short-term groundwater to the City’s sewers, the Owner must apply and obtain short-term discharge approval from General Manager, Toronto Water.

b. In the absence of a short-term discharge approval, the Owner must ensure and demonstrate that 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 TMC Chapter 681 – Sewers.

Servicing Study

31. Prior to the Release for Construction of Services for the first Phase and prior to the registration of the Plan of Subdivision for the first Phase, the Owner shall prepare a Site-Wide Servicing Study for the lands subject to Plan of Subdivision to evaluate how each block within Plan of Subdivision can be serviced with respect to its domestic water demand, fire demand, and sanitary flow all accordance to approved Master Servicing Study dated July 20, 2022, as amended and approved by the City (“MSS”) and to the satisfaction of the Chief Engineer, ECS (the “SWS Study”). The required SWS Study described in this Condition must be approved by the Chief Engineer, ECS to inform future Release for Construction of Services and registration of the Plan of Subdivision for subsequent Phases.

32. Prior to earlier of the Release for Construction of Services for each Phase, prior to the registration of the Plan of Subdivision for each Phase, and prior to the issuance of Notice of Approval Conditions for Site Plan Control for any building within each Phase, the Owner shall provide a Functional Servicing Report and drawings outlining the municipal works necessary for the applicable Phase to the satisfaction of the Chief Engineer, ECS. The Functional Servicing Report must include the following requirements:

a. Flow tests and water distribution analysis to verify that water pressures and flows , including required fire flows are adequate to service the development of the building(s) and block(s) within each Phase and the required water pressure and flows shall not exceed the ones identified in MSS for the lands in the Plan of Subdivision and in accordance with the approved SWS Study required in Condition 31 above.

b. The MSS evaluated the overall watermain system based on assumptions that full network of proposed water distribution, especially the watermain within Street A (Golden Mile Boulevard), are constructed and operational. Therefore, the above analysis must evaluate if each Phase can be serviced in absence of construction of the full network watermain.

c. The sanitary flows from the lands shall not exceed the sanitary flows identified in the MSS the lands in the Plan of Subdivision and in accordance with the MSS and in accordance with the approved SWS Study required in Condition 31 above.

Improvements to Municipal Infrastructure External to Plan of Subdivision

33. The Owner shall be responsible, at its own expense, for all necessary improvements to the municipal infrastructure external to the Plan of Subdivision, in accordance with the approved Functional Servicing Report, as accepted by the Chief Engineer, ECS and the General Manager, Toronto Water.

34. Prior to the issuance of any building permit except as may be permitted by Condition 13, the required improvement to municipal infrastructure will be constructed and operational to the satisfaction of the Chief Engineer, ECS, subject to and as specified in Part II of Schedule B.

35. The Owner shall pay engineering and inspection fees in accordance with the terms and conditions of the standard subdivision agreement or municipal infrastructure agreement for all necessary improvements to the municipal infrastructure external to the Plan of Subdivision.

36. The Owner shall submit financial security in accordance with the terms and conditions of the standard subdivision agreement or municipal infrastructure agreement for all necessary improvements to the municipal infrastructure external to the Plan of Subdivision.

37. Prior to the Release for Construction of Services for each Phase, the Owner shall obtain approval from internal and external agencies for the design improvements to the municipal infrastructure external to the Plan of Subdivision, including sanitary sewer and watermain and modification of existing storm sewer, and provide financial security for upgrading existing sanitary sewer and watermain and modification of existing storm sewer, all to the satisfaction of the Chief Engineer, ECS.

Stormwater Management and Green Infrastructures Measures

38. Prior to release for construction of municipal services for the first Phase in the Plan of Subdivision, the Owner shall prepare a master servicing and stormwater management report, and apply stormwater management techniques in the development of the Plan of Subdivision according to current municipal and provincial standards at the time of design municipal infrastructure (including streets and municipal services) with no changes and alterations to existing minor and major drainage patterns, all to the satisfaction of the Chief Engineer, ECS.

39. Prior to the earlier of Release for Construction of Services for each Phase or prior to the registration of the Plan of Subdivision for each Phase, the Owner must provide a stormwater management report to demonstrate that water quantity and water quality control requirements in accordance with the City’s applicable requirements, including control for 100-year storm and release at allowable 2-year flow rate are met for each of public Street A, Street B1, Street B2, and Street C in accordance with the City’s Design Criteria for Sewers and Watermains as accepted by, and to the satisfaction of, the Chief Engineer, ECS.

40. Prior to the earlier of Release for Construction of Services for each Phase or prior to the registration of the Plan of Subdivision for each Phase, the Owner must provide a stormwater management report to demonstrate the water balance and water quantity control requirements of stormwater management in all blocks must be overcompensated in most practical way to reduce the size of proposed municipal infrastructure in each of public Street A, Street B1, Street B2, and Street C, as accepted by, and to the satisfaction of, the Chief Engineer, ECS.

41. Prior to the earlier of Release for Construction of Services for each Phase and prior to the registration of the Plan of Subdivision for each Phase, the Owner shall design stormwater management for public services in such a way that Low Impact development measures (LID) including but not limited to Silva Cells will not be considered to address water quality, water quantity and Water Balance for the proposed public roads.

42. As it relates to Street “A”, Street “B1”, Street “B2”, and Street “C”, the Owner shall implement green infrastructure within municipal right-of-way to be in compliance with the following City of Toronto Green Infrastructure Guidelines or such guidelines as may be updated, to the satisfaction of the Chief Planner, the Chief Engineer, ECS, the General Manager, Transportation Services and the General Manager, PFR:

a. Green Streets: www.toronto.ca/services-payments/building-construction/infrastructure-city-construction/construction-standards-permits/standards-for-designing-and-constructing-city-infrastructure/?accordion=green-infrastructure-standards

b. Construction standards: https://www.toronto.ca/services-payments/building-construction/infrastructure-city-construction/construction-standards-permits/standards-for-designing-and-constructing-city-infrastructure/construction-specifications-drawings-for-green-infrastructure/

c. Toronto’s Green Streets project selection process: https://www.toronto.ca/wp-content/uploads/2021/09/9680-ecs-specs-gi-appendix-a-green-streets-selection-process-Sep2021.pdf

d. The lifecycle activities guide: https://www.toronto.ca/wp-content/uploads/2021/08/961c-ecs-specs-gi-life-cycle-activities-green-infrastructure-Sep2021.pdf

43. As it relates to Street “A”, Street “B1”, Street “B2”, and Street “C”, prior to acceptance of the green infrastructure (Low Impact Development measures), the Owner shall pay for the installation and the monitoring of the Green Infrastructure. Prior to acceptance of the green infrastructure, the Owner acknowledges that the City will hire third-party consultants to monitor the Green Infrastructure and that the Owner is responsible for paying all costs associated with the retaining such third-party consultant.

Site Grading of Streets and Blocks including, or abutting, Block 3 or Block 6

44. Prior to Release for Construction of Services for each Phase which includes Block 3 or Block 6, or the Phase includes streets or blocks that are directly abutting Block 3 or Block 6, the Owner shall ensure that the site grading plan aligns with the requirements in terms of grading, stormwater management, and servicing for the park on Block 3 or Block 6, and also apply the requirements for the approved base park design in detailed design of the relevant lands in the Plan of Subdivision and new streets and municipal services to the satisfaction to the Chief Engineer, ECS.

Street Networks Environmental Assessment (EA) in Golden Mile Area

45. The location and alignment of Street A (Golden Mile Boulevard) is subject to an the ongoing Municipal Class Environmental Assessment (“MCEA Study”). Therefore, prior to registration of the Plan of Subdivision for any Phase that includes Street A:

a. the Owner shall revise the Draft Plan of Subdivision to reflect the conclusions of the EA study for Street A to the satisfaction to the Chief Engineer, ECS and General Manager, Transportation Services;

b. the Owner shall revise the Draft Plan of Subdivision, and pay all the costs for the amendment of Draft Plan of Subdivision and Subdivision Agreement, if Draft Plan of Subdivision is not aligned with Street A as determined through the MCEA Study;

c. if prior to completion of the MCEA Study, the Owner has obtained Release for Construction of Services for any Phase that includes Street A, before the registration of the Plan of Subdivision and the MCEA Study determines a different location and alignment of the Street A than shown on the Draft Plan of Subdivision, the Owner shall:

i. submit an updated servicing report or other appropriate documentation and information to identify changes to the approved engineering drawings to be amended and approved by the Chief Engineer, ECS; and

ii. relocate all municipal infrastructure under construction or already constructed within the streets within the Plan of Subdivision in accordance with the updated approved engineering drawings arising from Condition 0. c. i. above.

46. Prior to registration of the Plan of Subdivision for any Phase that includes Street A, the MCEA Study must be completed and the Owner receives written confirmation from the Chief Engineer, ECS and the General Manager, Transportation Services that Street A as shown on the Draft Plan of Subdivision does not require any amendments to reflect the completed MCEA Study for location and alignment of Street A.

47. In addition to the requirements for assumption of services set out in the Subdivision Agreement, the City will not assume the municipal infrastructure in above noted streets until the MCEA Study is complete.

Transportation Services

General

48. The Owner shall pay all costs related to the installation of pavement markings and signage, and modifications to existing pavement markings and signage to the satisfaction of the General Manager, Transportation Services.

49. Prior to registration of Plan of Subdivision for each Phase, except for Phase 1, the Owner must submit an updated traffic monitoring and an updated Traffic Impact Assessment prepared by a qualified transportation engineer to confirm the findings of the earlier report or identify any further required improvements to mitigate traffic impacts, including any additional transportation demand management measures, to the satisfaction of General Manager, Transportation Services and the Director, Transportation Planning.

50. Prior to the earlier of Release for Construction of Services and prior to the registration of Plan of Subdivision for each Phase where a new public street is included, the Owner must submit a payment in the form of a certified cheque (amount to be determined), to the Treasurer, City of Toronto, for the pavement marking and signage for the new public streets, as required by General Manager, Transportation Services.

51. Prior to the earlier of Release for Construction of Services and prior to the registration of Plan of Subdivision for each Phase where a new public street is included, the Owner must submit a financial guarantee in the form of a letter of credit or certified cheque (amount to be determined), to the Treasurer, City of Toronto, for new public streets and boulevard improvements for both interim and final build-out, as required by the General Manager, Transportation Services.

Design of New Public Streets and Connection to Existing Public Streets

52. The Owner shall construct the proposed new public street in accordance with the accepted engineering drawings and City standards and specifications to the satisfaction of the Chief Engineer, ECS having a minimum road allowance width as illustrated on the Plan of Subdivision and including 6.0 metre radius corner roundings at each new intersection within the Plan of Subdivision and connections to existing roads including Eglinton Avenue East, Thermos Road and Birchmount Road.

53. Prior to the earlier of the registration of the Plan of Subdivision or the release for construction of services for each Phase, the Owner shall submit to the Chief Engineer, ECS and the General Manager, Transportation Services for review and acceptance, a plan or plans, showing:

a. where one or more of the new Streets are included in such a Phase, Functional Plan and cross-sections of Street A, Street B1, Street B2 and Street C 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. where one or more of the new Streets are included in such a Phase, the proposed pavement markings and signage for all new Street A, Street B1, Street B2 and Street C;

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

d. a Signalization Plan showing the signal plans and the modifications of signal timing, other necessary drawings for modification of signage and pavement markings for the intersections in the Plan of Subdivision and connections to Eglinton Avenue East, Thermos Road and Birchmount Road, as applicable.

54. Prior to the earlier of the registration of the Plan of Subdivision or the Release for Construction of Services for each Phase, the Owner shall confirm that no easements will be proposed along the municipal boulevards of Eglinton Avenue East, Thermos Road and Birchmount Road. All public pedestrian clearways must be provided within the City's road allowance, General Manager, Transportation Services, in consultation with the City Solicitor.

55. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall confirm all existing easements, if any, located within the public Street A, Street B1, Street B2, and Street C will be released at no cost to the City to the satisfaction of the General Manager, Transportation Services and the City Solicitor.

56. The Owner shall enter into a new encroachment agreement with the City for any proposed encroachments approved by the City that are located within the City's road allowance as a condition of site plan approval to the satisfaction of the Chief Planner, in consultation with the City Solicitor.

57. The Owner shall provide additional and updated information as may be required for review and approval by the General Manager, Transportation Services in connection with the subdivision including in connection with the design of the new public street, traffic signalization, operation assessment and mitigation measures as contemplated by these Conditions.

58. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall be responsible for initiating the street naming process for each of Street A, Street B1, Street B2 and Street C identified on the Plan of Subdivision within that Phase and once approved by the General Manager, Transportation Services the name will be included on the Plan of Subdivision prior to its registration for the phase which contains Street A, Street B1, Street B2 and Street C. If the City has initiated the street naming process for Street A, any plan to be registered will include the name of that street as identified by the City and the Owner will not be responsible for initiating street naming for that specified streets.

59. For assessment and official record keeping purposes, the Owner shall be responsible to obtain or verify new municipal addresses prior to submitting building permit applications for each block in each phase or such later time as may be determined by the Chief Engineer, ECS.

Right-of-Way Widenings

60. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall prepare all documents and convey to the City, and at no cost to the City, a right-of-way widening, as shown as on the Draft Plan of Subdivision within each Phase as defined in Condition 2 above, including any corner rounding(s) whereby such lands shall be in an acceptable environmental condition in accordance with the City’s Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City (as may be amended), free and clear, above and below grade, of all easements, encumbrances, and encroachments, all to the satisfaction of the Chief Engineer, ECS and the City Solicitor.

61. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall provide written confirmation from an Ontario Land Surveyor certifying that there are no physical encumbrances on the right-of-way widening lands to be conveyed to the City, all to the satisfaction of the General Manager, Transportation Services.

62. Prior to the Release for Construction of Services for each Phase or the registration of the Plan of Subdivision for each Phase (where such Phase in either circumstance includes a right-of-way widening, Park Block 3 or new street as shown on the Plan of Subdivision), the following applies where there are intervening lands owned by Metrolinx between the existing public highway (being Eglinton Avenue East) and the proposed conveyance of land to the City that has not yet been transferred to the City:

With respect to the construction of any municipal services:

a. The Owner has obtained written documentation acceptable to the Chief Engineer, ECS and the City Solicitor that municipal services can be constructed and made operational in and through lands owned by Metrolinx (in whole or in part);

b. Any necessary arrangements and permits required from General Manager, Toronto Water are obtained to permit the construction of municipal watermain in and through Metrolinx lands (in whole or in part), including servicing connections thereto; and

c. Any such construction of municipal services will continue to be in compliance with applicable legislation, by-laws and policies of the City, to the satisfaction of the Chief Engineer, ECS and the General Manager, Toronto Water;

With respect to the construction of any roads or right-of-way widenings:

d. The Owner has obtained written documentation acceptable to the Chief Engineer, ECS and the City Solicitor that extension of Eglinton Avenue East or connections to Eglinton Avenue East can be constructed and made operational in and through lands owned by Metrolinx;

e. Any necessary arrangements and permits required from General Manager, Transportation Services are obtained to permit the construction of any roads or right-of-way widenings in and through the Metrolinx lands (in whole or in part); and

f. Any such construction of municipal services will continue to be in compliance with standards and policies of the City, to the satisfaction of the Chief Engineer, ECS and the General Manager, Toronto Water;

With respect to the conveyance of any lands for public highway purposes or parkland dedication:

g. The Owner has obtained written documentation acceptable to the Chief Engineer, ECS, the General Manager, Transportation Services and the City Solicitor that Metrolinx has provided the public legal access over their lands to connect to Eglinton Avenue East until such time as the lands owned by Metrolinx are conveyed to the City in accordance with the Eglinton Crosstown Master Agreement and a municipal by-law has been passed to formally make such lands part of the public highway; and

h. if in the opinion of the City Solicitor, any lands dedicated for right-of-way purposes from the lands in the Plan of Subdivision, may provide for a temporary easement for right-of-way access over such lands until such time as the lands are dedicated as a public highway adjoining Eglinton Avenue East.

Corner Roundings

63. The Owner shall prepare all documents, including required reference plans, and convey to the City, either as a fee simple interest or a public access easement interest determined at the discretion of the General Manager, Transportation Services, a 6.0 metre radius corner roundings at each intersection corner within the Plan of Subdivision and at the intersections of existing streets at Eglinton Avenue East, Thermos Road and Birchmount Road.

64. The conveyances shall be at the Owner's expense, for nominal consideration and free of clear of encumbrances. Where a fee simple conveyance is required, the conveyance may be stratified to a minimum depth of 1.2 metres from the finished grade and subject to a right-of-way for access purposes, including construction access, until such time as the said lands have been laid out and dedicated for public highway purpose. The conveyances shall be to the satisfaction of the Chief Engineer, ECS and the City Solicitor.

Traffic Control Signalization

65. For each traffic control signal required, the Owner shall be responsible to pay all costs associated with the design, installation and future maintenance of traffic control signals at the intersections determined in the accepted Functional Plan and Signalization Plan related to the building, block or phase, satisfactory to the General Manager, Transportation Services, including the following:

a. a financial guarantee in the form of an Irrevocable Letter of Credit for each the signal installation and operation.

b. a payment in the form of a certified cheque as a cash-in-lieu payment for 5-year signal maintenance for the period after City acceptance of the traffic signal in accordance with Chapter 441 of the Municipal Code (the Owner is advised that the fees are reviewed annually and subject to change);

c. a payment in the form of a certified cheque in respect of the modifications to the existing timing plans for signals on any existing street which will be affected as a result of the proposed new signal installations and timing changes in conjunction with the development (the Owner is advised that the fees are reviewed annually and subject to change);

d. the implementation of the works and the total cost of the design, installation, and 5-year signal maintenance fee identified above for the proposed traffic control signals for which the Owner is responsible shall be determined by the General Manager, Transportation Services in accordance with standard City practices, and shall include both direct and associated costs, including the cost of pavement markings and signing, removal or relocation of existing street furniture, and the costs associated with the loss of any on-street parking spaces that may result. The traffic control signals will be completed and operational to the satisfaction of the General Manager, Transportation prior to the occupation of Site. For greater certainty with respect to the foregoing, the Owner agrees to be responsible for the design and installation of the traffic control signals, and shall hire a City-approved electrical contractor to complete the installation at no cost to the City (Owner responsibility to include invoicing and payment of the electrical contractor).

66. At the time of submission of an application for site plan approval for a building within all or any part of each block within the Plan of Subdivision, where installation of proposed traffic control signals are required, the Owner shall contact Traffic Operations staff of Transportation Services to initiate preparation and submission of necessary reports to City Council and enactment of by-laws as may be required to authorize the installation of the proposed traffic control signals at the intersection of the new public street and an existing streets, as determined by the General Manager, Transportation Services.

Street Lighting

67. Prior to the earlier of registration of the Plan of Subdivision or prior to the Release for Construction of Services for each of Phase, the Owner shall provide the City with financial security in the amount of 130% of the value of the cost estimate of the street lighting required to be installed to service the Plan of Subdivision in that Phase, to the satisfaction of the Chief Engineer, ECS.

68. Prior to the earlier of registration of the Plan of Subdivision or prior to the Release for Construction of Services for each of Phase, the Owner shall make satisfactory arrangement with THESL and THESI for the provision of the electrical distribution system and street lighting, respectively, to service the Plan of Subdivision, to the satisfaction of the Chief Engineer, ECS.

Streetscape and Landscape Design of New and Existing Streets

69. Prior to the registration of the Plan of Subdivision or prior to the Release for Construction of Services for the first Phase, the Owner shall submit a detailed Streetscape Plan for the entirety of Eglinton Avenue East to the satisfaction of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

70. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for the first Phase, the Owner shall provide a Public Utilities Plan as a grayed-out underlay on the Landscape Plan for each Phase, which includes daylighting, existing and proposed utilities for the entirety of Eglinton Avenue East to the satisfaction of the Chief Planner. The approved Public Utilities Plan shall be used to align the utilities as development proceeds through the registration of the Phases of the Plan of Subdivision and Site Plan Control process. Any revisions to the approved Public Utility Plan must be approved in writing by the Chief Planner.

71. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for each Phase, the Owner shall submit Landscaping Plans to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Coordination with the approved Streetscape Plan for the entirety of Eglinton Avenue East;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan showing the existing utilities.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision and Site Plan Control process. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

72. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for each Phase, the Owner shall submit the following Utility Plan Drawings and Reports, as applicable, to the satisfaction of to the Chief Planner shall include:

a. Civil and Utilities Plans:

o Exiting Servicing Plan

o General Plan

o Grading Plan

o Functional Plan

o Post-Development Completed Storm Drainage Plan

o Pre-development SWM Drainage Plan

o Post-Development SWM Drainage Plan

o Post-Development Internal Sanitary Drainage Plan

o LID Conceptual Plan

o Erosion and Sediment Control Plan

o Pavement Marking and Signage

o Composite Utility Plan

o Right-of-way LID Details

o Road Cross-sections

o Traffic signal poles

o Switch gear box

o Traffic signage poles

o Interim condition of New Streets contained within the Phase

o Ultimate condition of New Streets contained within the Phase

b. Arborist Report

c. Street Lighting Plan

d. Site Grading and Drainage Plan

PARKS DEVELOPMENT

73. Prior to the earlier of the following, the Owner shall convey, in fee simple to the City, a minimum of 2,600 square metres of land for public park purposes under Section 42 of the Planning Act and identified as Block 3 on the Plan of Subdivision (the “South Park Block”):

a. Prior to the registration of any Condominium under the Condominium Act for the final Building on Block 2;

b. Prior to and residential occupancy of the final Building on Block 2 and;

c. Prior to the issuance of any Above-Grade Building Permit on Block 4, Block 5 and Block 7.

74. Prior to the earlier of the following, the Owner shall convey, in fee simple to the City, a minimum of 3,200 square metres of land for public park purposes under Section 42 of the Planning Act and identified as Block 6 on the Plan of Subdivision (the “North Park Block”):

a. Concurrent with the registration of the Plan of Subdivision for Phase 4;

b. Prior to the registration of any Condominium under the Condominium Act for the first Building on Block 7, excluding the Townhouse Block;

c. Prior to the first residential occupancy for the first Building on Block 7, excluding the Townhouse Block; and

d. Prior to the issuance of any Building Permit on Block 5.

75. The Owner shall convey, in fee simple to the City, the North Park Block and the South Park Block, pursuant to Section 42 of the Planning Act to the satisfaction of the General Manager, Parks, Forestry and Recreation. The North Park Block and the South Park Block conveyance shall be 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 or as otherwise permitted by the Section 37 Agreement registered on title as Instrument No. AT[TO BE INSERTED], 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, Parks, Forestry and Recreation and the City Solicitor.

76. Prior to the conveyance of Block 3 and Block 6 of the Plan of Subdivision to the City, the Owner shall complete the environmental obligations outlined in the Section 37 Agreement registered on title as Instrument No. AT[TO BE INSERTED] to the satisfaction of General Manager, Parks, Forestry and Recreation.

77. The Owner shall pay for the costs of the preparation and registration of all relevant documents. The Owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for Block 3 and Block 6 on the Plan of Subdivision.

78. The Owner acknowledges and agrees that the requirements for the conveyance, including environmental obligations, Base Park Improvements and Above Base Park Improvements of the Park Block pursuant to Section 42 of the Planning Act are contained within Section [#] of the Section 37 Agreement registered on title as Instrument No. AT[TO BE INSERTED].

URBAN FORESTRY

79. Prior to the registration of the Plan of Subdivision for each Phase, the Owner agrees to submit an Arborist Report, Tree Preservation Plan and Landscape Plan, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

80. Prior to the registration of the Plan of Subdivision for each Phase, the Owner agrees to provide a street tree planting plan, in conjunction with a Composite Utility Plan that indicates the species, size and location of all proposed street trees, as these relate to the location of any roads, sidewalks, driveways, street lines and utilities, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

81. Prior to the registration of the Plan of Subdivision for each Phase, the Owner agrees to provide a Composite Utility Plan, indicating the location of all underground and above ground utilities, as well as proposed tree planting locations, to the satisfaction of the General Manager of Parks, Forestry and Recreation and Engineering and Construction Services.

82. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall submit an application to destroy private trees protected under TMC Chapter 813, including payment of any required fees and obtain approval of the permit to destroy private trees. The Owner shall be required to provide a planting plan that includes 70 mm diameter caliper replacement trees to compensate for the approved destruction of trees protected under TMC Chapter 813. The ratio of replacement trees will be determined by Urban Forestry. Replacement trees will be planted on site in accordance with Urban Forestry Services requirements, or if determined by the General Manager, Parks, Forestry and Recreation that there is no suitable location on lands can be provided, the Owner may pay cash-in-lieu of replacement tree planting, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

83. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall submit an application to destroy City street trees protected under TMC Chapter 813, including payment of any required fees, tree value and contractor's service agreement for the removal of such City street trees and obtain approval of the permit to destroy City-owned trees, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The ratio of replacement trees will be determined by Urban Forestry. Replacement trees will be planted on site in accordance with Urban Forestry Services requirements, or if determined by the General Manager, Parks, Forestry and Recreation that there is no suitable location on lands can be provided, the Owner may pay cash-in-lieu of replacement tree planting, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

84. Prior to the registration of the Plan of Subdivision for each Phase, the Owner shall post a Letter of Credit equal to 120% of the value of the street trees, to guarantee the planting and maintenance by the Owner of the new street trees for a period of two years after the planting date, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

85. Prior to any work completed in the Plan of Subdivision related to each Phase, the Owner agrees to install tree protection barriers and signage for trees to be preserved in accordance with the approved Arborist Report and Tree Preservation to the satisfaction of Parks, Forestry and Recreation and to maintain the barriers in good repair until removal has been authorized by Urban Forestry, on behalf of General Manger of Parks, Forestry and Recreation.

86. The Owner shall notify all builders, contractors and agents of all the City's tree protection requirements where any part of the development will be carried out by them on behalf of the Owner to the satisfaction of the General Manager, Parks, Forestry and Recreation.

87. Prior to commencement of planting trees on City road allowance and on private property or within common areas in each Phase, the Owner shall advise General Manager of Parks, Forestry and Recreation of such works. The Owner shall plant trees in accordance with the approved Landscape Plan and Composite Utility Plan for each phase, to the satisfaction of the General Manger, Parks, Forestry and Recreation.

88. Following the planting of street trees, the Owner shall provide a Certificate of Completion of Work and an as-installed plant list in the form of a spreadsheet identifying street trees, as shown on the approved planting plan, by street addresses. The as-installed plant list shall also include tree species, caliper, condition and specific location of the trees by identifying two points of references (i.e., distances in meters from the curb, sidewalk, driveway, utility pole or pedestal).

SCHOOLS

Toronto District School Board

89. The Owner shall erect and maintain a sign on the Lands at points of egress and ingress of the Lands, during construction of each phase of Development which advises the following:

"The Toronto District School Board makes every effort to accommodate students at local schools. However, due to residential growth, sufficient accommodation may not be available for all students. Students may be accommodated in schools outside this area until space in local schools becomes available.

For information regarding designated school(s), please call (416) 394-7526."

90. The Owner shall erect the signage in such a location and with sign specifications satisfactory to the Toronto District School Board (TDSB) and therefore provide the TDSB with an on-site photograph of such installed signage.

91. The Owner, through their solicitor, shall provide confirmation to the TDSB that the following warning clause is inserted in all development agreements, lease/rental/tenancy agreements, offers to purchase and agreements of purchase and sale or ease of each Dwelling Unit, for a period of 10 years from the date of each Site Plan Agreement:

"Warning: Despite the best efforts of the Toronto District School Board, sufficient accommodation may not be available in the neighbourhood schools for all students anticipated from the development area. Students may be accommodated in school facilities outside the neighbourhood or students may later be transferred to other school facilities. For information regarding designated school(s), please call 416-394-7526.

Purchasers agree for the purposes of transportation to school, if busing is provided by the Toronto District School Board in accordance with the TDSB's policy, that students will not be bussed home to school, but will meet the bus at designated locations in or outside of the area."

Toronto Catholic District School Board

92. The Owner shall erect and maintain a sign on the Lands during construction of any Building or Block of the Development which advises the following:

"The Toronto Catholic District School Board has plans to accommodate students from this development. If the elementary and secondary schools which serve this area are oversubscribed, students from this development may need to be accommodated in portable classrooms or may have to be redirected to a school located outside the area."

93. The Owner shall erect the signage in such a location and with sign specifications satisfactory to the Toronto Catholic District School Board (TCDSB) and thereafter provide the TCDSB with an on-site photograph of such installed signage.

94. The Owner, through their solicitor, shall provide confirmation to the TCDSB (by email to: development.applications@tcdsb.org) that the following warning clause is inserted in all development agreements, lease/rental/tenancy agreements, Condominium agreements, offers to purchase and agreements of purchase and sale of each Dwelling Unit:

"Warning: Whereas, despite the best efforts of the Toronto Catholic District School Board, sufficient accommodation may not be available for all anticipated students at local schools, you are hereby notified that it may be necessary for Elementary and/or Secondary students from this development to be accommodated in facilities outside of the community depending on availability of space."

METROLINX

95. The Owner shall prepare and submit to Metrolinx an overall utility coordination plan showing the location (shared or otherwise) and installation, timing and phasing of all required utilities (on-grade, below-grade or above-grade, including on-site draining facilities). Such location plans shall be to the satisfaction of the City where in or adjacent to the Eglinton Avenue East, Thermos Road or Birchmount Road municipal rights-of-way, having considered the requirements of ECLRT infrastructure as well as relocated third party utility infrastructure.

96. Prior to the registration of the Plan of Subdivision for each phase, the Owner shall submit to Metrolinx all revisions and/or updates to the Functional Services Plans/Reports, as well as native CAD files that are geo referenced to Metrolinx standards, where changes have occurred to blocks adjacent to Eglinton Avenue East, Thermos Road or Birchmount Road.

97. The Owner shall design the road and pedestrian access in a manner that does not presume extensions of these features to traverse the ECLRT at-grade guide way to/from the subdivision.

98. The Owner shall, prior to the issuance of any demolition, shoring and excavation permits, or any other building permits for the construction of this development, or any Phase or stage of the development, complete a Metrolinx Technical Review and enter into a Construction Agreement(s) with Crosslinx Transit Solutions (CTS). The Construction Agreement(s) will ensure works are phased in a coordinated manner with that of the ECLRT construction.

99. The Owner acknowledges and agrees that no building permits are to be issued that would obstruct or otherwise interfere with any easements required by Metrolinx.

100. The Owner acknowledges and agreements that:

a. The construction, operation and maintenance of the nearby Eglinton Crosstown Light Rail Transit (ECLRT) system may result in noise, vibration, electromagnetic interference, stray current, smoke and particulate matter transmissions (collectively referred to as “Interferences”) to the lands municipally known as 2200-2206 Eglinton Avenue East and 1020-1030 Birchmount Road, hereinafter referred to as Development;

b. Metrolinx and its contractor(s) will not be responsible or liable in any way for such Interferences on any of the Development and/or its occupants;

c. It has been advised by Metrolinx to apply reasonable attenuation/mitigation measures with respect to the level of the Interferences on and in the Development; and

d. Metrolinx Interferences Warning clause, as provided below, shall be inserted into all rental agreement(s), and/or offers of purchase and sale or lease and condominium declaration(s) for each block/lot/unit:

The Purchaser and/or Lessee specifically acknowledges and agrees that the proximity of the development of the lands municipally known as 2200-2206 Eglinton Avenue East and 1020-1030 Birchmount Road (the “Development”) to Metrolinx transit facilities and operations may result in interferences in the nature of but not limited to, noise, vibration, electromagnetic interference, stray current, smoke and particulate matter (collectively referred to as “Interferences”) to the Development and despite the inclusion of control features within the Development, if any, Interferences from transit facilities and operations may be present and be of concern to Purchasers and Lessees, interfering with activities of the occupants in the Development. Notwithstanding the above, the Purchaser and/or Lessee agrees to and releases and saves harmless the City of Toronto, Metrolinx and those persons constructing and operating the transit infrastructure from all claims, losses, judgments or actions arising or resulting from any and all Interferences. Furthermore the Purchaser and/or Lessee acknowledges and agrees that an electromagnetic, stray current and noise-warning clause similar to the one contained herein shall be inserted into any succeeding lease, sublease, agreement of purchase and sale, or other transfer or conveyance and that this requirement shall be binding upon and accrue to the benefit of the parties hereto and their respective successors and assigns and shall not merge with the closing of the transaction.

e. The Owner shall provide its solicitor’s confirmation to Metrolinx advising that the Interferences Warning clause requested above has been included in all applicable Offer(s) of Purchase and Sale and/or Rental Agreement(s) or other transfers and conveyances to ensure that future occupants are aware of the possible Interferences.

101. Prior to the issuance of building permits for temporary sales centres or trailers for the purposes of marketing commercial or residential units in the Plan of Subdivision, the Owner shall submit and obtain the written approval from Metrolinx for any display plans and other information to be used for sales and/or marketing purposes that illustrate ECLRT station infrastructure.

102. Prior to any site works or site disturbances within the Plan of Subdivision, the Owner shall enter into one or more Construction Agreements with Crosslinx Transit Solutions as may be required by Metrolinx, to ensure that site works do not negatively impact the timing, method of construction and scheduled delivery of the adjacent Metrolinx Eglinton Crosstown Light Rail Transit infrastructure.

TORONTO HYDRO

103. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for each Phase, 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. written confirmation that financial securities have been posted, and

ii. 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.

c. 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 for each phase or block.

NAV CANADA

104. Prior to the issuance of each Building Permit for each building or block, the Owner shall confirm that the height of any tall Building is not in conflict with any standards evaluated by NAV Canada and obtain written approval from NAV Canada for each Building to be constructed.

BELL CANADA

105. Prior to the registration of the Plan of Subdivision for each phase, the Owner agrees to grant to Bell Canada, or such successor, any easements that may be required for telecommunications services subject to final servicing decisions. In the event of any conflicts with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements within the Plan of Subdivision.

ROGERS COMMUNICATIONS

106. Prior to the registration of the Plan of Subdivision for each phase, the Owner agrees to grant to Rogers Communications Inc., or such successor, any easements that may be required for telecommunications services subject to final servicing decisions. In the event of any conflicts with existing Rogers Communications Inc., facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements within the Plan of Subdivision.

PART II: CONDITIONS APPLICABLE TO ONLY TO SPECIFIC BLOCKS WITH EACH PHASE AND TO PHASE 1, PHASE 2, PHASE 3, PHASE 4 OR PHASE 5 OF THE PLAN OF SUBDIVISION

107. A condition specified for a particular block below, may be satisfied through satisfaction of such condition through development of an earlier block as shown on the Plan of Subdivision or in an earlier Phase of registration of the Plan of Subdivision or Release for Construction of Services, unless otherwise noted.

ADDITIONAL PHASE 1 CONDITIONS

108. Unless the following conditions are otherwise secured through a Municipal Infrastructure Agreement in accordance with the terms of the Section 37 Agreement AT(Instrument No.###), prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Block 2, the following additional conditions apply:

a. The watermain upgrades of the existing 200 mm diameter from East-West Craigton Drive along Rannock Street to 300 mm diameter to Pharmacy Avenue, in compliance with the MSS and the SWS Study accepted by the City, are required to be constructed and operational to the satisfaction of the Chief Engineer, ECS; and

b. the new sanitary sewer in Birchmount Road from Eglinton Avenue to the Massey Creek Trunk Sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS.

109. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 1, the following additional conditions apply:

a. Interim water connection for Block 3 (Park Block) is connected to Eglinton Avenue East and is operational to satisfaction of the Chief Engineer, ECS and the General Manager, Parks, Forestry and Recreation; and

b. Other municipal service connections for Block 3 (Park Block) are connected to municipal services to satisfaction of the Chief Engineer, ECS and the General Manager, Parks, Forestry and Recreation and are operational.

110. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 1, the following additional conditions apply:

a. the preparation of site servicing drawings and studies by the Owner’s qualified engineer to be reviewed and accepted by the Chief Engineer, ECS for temporary servicing of Block 1 according to the City requirements and specifications, and TMC Chapter 681 and TMC 851, all to the satisfaction of the Chief Engineer, ECS;

b. Interim water connection for Block 1 is connected to Eglinton Avenue East and are operational to the satisfaction of the Chief Engineer, ECS; and

c. Other interim municipal service connections for Block 1 are connected to municipal services to satisfaction of the Chief Engineer, ECS and are operational.

Easements

111. Prior to the registration of the Plan of Subdivision for Phase 1, the Owner shall provide for a temporary private servicing easement, including maintenance provisions, from Birchmount Road through Block 2 registered in favour of Block 1 (“Block 1 Private Easement”). The Block 1 Private Easement is only to serve Block 1 with no other permitted service connections (sanitary, storm, fire, and domestic water) being permitted from other properties, blocks or buildings adjacent to such easement. The Owner shall prepare the draft of the Block 1 Private Easement document for review and approval by the City Solicitor and to the satisfaction of the Chief Engineer, ECS.

112. Prior to the registration of the Plan of Subdivision for Phase 1, the Owner shall provide for a temporary private servicing easement, including maintenance provisions, from existing servicing connections in the Phase 2 lands through to, and registered in favour of, Block 1 (“Phase 2 Lands Private Easement”). The Phase 2 Lands Private Easement is only to serve Block 1 with no other permitted service connections (sanitary, storm, fire, and domestic water) being permitted from other properties, blocks or buildings adjacent to such easement. The Owner shall prepare the draft of the Phase 2 Lands Private Easement document for review and approval by the City Solicitor and to the satisfaction of the Chief Engineer, ECS.

113. The Block 1 Private Easement shall be registered concurrent with the registration of the Plan of Subdivision for Phase 1, from Block 2 in favour of Block 1 to the satisfaction of the City Solicitor and the Chief Engineer, ECS.

114. The Phase 2 Lands Private Easement shall be registered concurrent with the registration of the Plan of Subdivision for Phase 1, from the Phase 2 lands in favour of Block 1 to the satisfaction of the City Solicitor and the Chief Engineer, ECS.

115. For the above noted easements, 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 reference 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.

Streetscape and Landscape Design for New and Existing Streets

116. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 1, the Owner shall submit detailed Streetscape Plan for the entirety of Eglinton Avenue East and Birchmount Road to the southern limit of Street A to the satisfaction and approval of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

117. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 1, the Owner shall submit Detailed Landscaping Plans to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Concept Streetscape Plan for the entirety of the north side of the non-travelled portion of Eglinton Avenue East and Birchmount Road to the southern limit of Street A, including the sidewalk, cycle track/bike lane (as required), and boulevard with street trees;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

ADDITIONAL PHASE 2 CONDITIONS

118. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 2, the following additional conditions apply:

a. The servicing requirements of Condition 108 above are completed to the satisfaction of the Chief Engineer, ECS;

b. The interim water connection for (Block 3) Park Block constructed and operational in Phase 1 contemplated in Condition 109 a. is abandoned and the following apply with respect to Block 3 (Park Block) regarding municipal services:

i. The new municipal services within Street B1 connected to the municipal servicing is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

ii. The constructed water meter and other appurtenances inside the Block 3 (Park Block) must be relocated to adjust for the new municipal services in Street B1, and any disturbance or change to Block 3 (Park Block), including any park improvements, must be restored to satisfaction of General Manager, PFR;

iii. Written confirmation from the Chief Engineer, ECS that the other municipal servicing connections for Block 3 (Park Block) are connected to municipal services to satisfaction of General Manager, PFR and are operational.

c. The services within the Block 1 Private Easement and Phase 2 Lands Private Easement constructed and operational in Phase 1 contemplated in Condition 111 and Condition 112 are abandoned, and the following apply with respect to buildings on Block 1 to be addressed as part of Phase 2 with respect to municipal services:

i. The new watermain within Street B1 connected to the municipal watermain is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

ii. The new storm sewer within Street B1 connected to the municipal sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

iii. The new sanitary sewer within Street B1 connected to the municipal sanitary sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

iv. Written confirmation to the Chief Engineer, ECS that any other municipal servicing connections are connected to municipal services are operational to satisfaction of Chief Engineer, ECS.

d. The temporary sanitary servicing connection to lands north and west of Street B1 and Block 19 reserve to be constructed and operational to the satisfaction of the Chief Engineer, ECS provided that the Owner demonstrates through a servicing report that the new, proposed and existing municipal sanitary infrastructure can accommodate flows from the existing building to be retained on such lands that requires the temporary sanitary servicing connection;

e. the temporary storm service connection to lands north and west of Street B1 and Block 19 reserve to be constructed and operational to the satisfaction of the Chief Engineer, ECS provided that the Owner demonstrates through a stormwater management report that the new, proposed and existing municipal storm infrastructure can accommodate flows from the existing building to be retained on such lands that requires the temporary storm service connection;

f. the watermain upgrades of the existing 200 mm diameter from East-West Craigton Drive along Rannock Street to 300 mm diameter to Pharmacy Avenue, in compliance with the MSS and the SWS Study accepted by the City, are required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

g. the new sanitary sewer in Birchmount Road from Eglinton Avenue to the Massey Creek Trunk Sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

h. the new sanitary sewer in Eglinton Avenue East approaching Thermos Road from the termination point at Birchmount Road and Eglinton Avenue is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS; and

i. the municipal services within Street B1 are constructed and operational to the satisfaction of the Chief Engineer, ECS.

Streetscape and Landscape Design for New and Existing Streets

119. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 2, the Owner shall submit detailed Streetscape Plan for Thermos Road to the southern limit of Street A, Street B1 and Street B2 to the southern limit of Street A to the satisfaction and approval of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

120. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 2, the Owner shall submit Detailed Landscaping Plans to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Concept Streetscape Plan for the Thermos Road to the southern limit of Street A, Street B1 and Street B2 to the southern limit of Street A;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

Public Access Easement Across Block 4

121. Where Street B1 is not proposed to be constructed and conveyed at the same time as Street B2, the following Conditions 123 to 125 below must be satisfied.

122. Where Street B1 and Street B2, are proposed to be constructed and conveyed at the same time, through the same registration of the Plan of Subdivision of both Phase 2 and Phase 3, then the Block 19 (0.30 reserve) is not required and the M-Plan for registration of the Plan of Subdivision for Phase 2 and Phase 3 will be amended to remove Block 19 between Street B1 and Street B2, to the satisfaction of the General Manager, Transportation Services and the City Solicitor.

123. Prior to the registration of the Plan of Subdivision for Phase 2, the Owner shall:

a. prepare all documents to convey an easement interests to the City for nominal consideration and at no cost to the City, across Block 4 for a public access easement that connects Street B1 (at the southern limit of Block 19) to Thermos Road to permit general public access, including vehicle, cycling and pedestrian access across Block 4, with such lands to be free and clear of all physical encumbrances to the satisfaction of the Chief Engineer, ECS in consultation with the City Solicitor (the “Block 4 Access Easement”);

b. obtain written approval from the City Solicitor as to the form and content of the Block 4 Access Easement.

124. The Block 4 Access Easement shall be registered concurrent with the registration of the Plan of Subdivision for Phase 2, on Block 4 in favour of the City to the satisfaction of the City Solicitor and the Chief Engineer, ECS.

125. The Owner may request the City through the City’s Real Estate Division in accordance with City procedures, by-laws and requirements, in consultation with the Chief Engineer, ECS and General Manager, Transportation Services to release the Block 4 Access Easement only where the following has occurred:

a. Block 19 (0.3 metre) reserve has been removed from the lands north of Street B1;

b. Street B2 has been constructed and conveyed to the City through registration of the Plan of Subdivision and in accordance with the Subdivision Agreement;

c. Street A has been constructed and conveyed to the City through registration of the Plan of Subdivision and in accordance with the Subdivision Agreement;

d. Both Street B2 and Street A are not temporarily closed for public access for construction purposes or otherwise, to permit public access Thermos Road or Birchmount Road through Street B1, Street B2 and Street A.

ADDITIONAL PHASE 3 CONDITIONS

126. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 3, the following additional conditions apply:

a. The servicing requirements of Condition 118 above are completed to the satisfaction of the Chief Engineer, ECS;

b. the watermain upgrades of the existing 200 mm diameter from East-West Craigton Drive along Rannock Street to 300 mm diameter to Pharmacy Avenue, in compliance with the MSS and the SWS Study accepted by the City, are required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

c. the new sanitary sewer in Birchmount Road from Street A to the Massey Creek Trunk Sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

d. the new storm sewer storm in Thermos Road from Street A to the existing storm sewer in Thermos Road is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

e. The interim storm service connection and sanitary servicing connection constructed and operational in Phase 2 in Conditions 118.d and 118.e are abandoned and the following apply with respect to buildings on Block 4 to be addressed as part of Phase 3 with respect to municipal services:

i. The new watermain services within new streets within the Plan of Subdivision connected to the municipal servicing is required to be constructed and operational to the satisfaction to the Chief Engineer, ECS;

ii. The new storm sewer services within new streets within the Plan of Subdivision connected to the municipal servicing is required to be constructed and operational to the satisfaction to the Chief Engineer, ECS;

iii. The new sanitary sewer services within new streets within the Plan of Subdivision connected to the municipal servicing is required to be constructed and operational to the satisfaction to the Chief Engineer, ECS;

iv. Written confirmation from the Chief Engineer, ECS that any other municipal servicing connections are connected to municipal services to satisfaction of Chief Engineer, ECS and are operational.

f. the municipal services within Street A, Street B1 and Street B2 are constructed and operational to the satisfaction to the Chief Engineer, ECS.

Streetscape and Landscape Design for New and Existing Streets

127. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 3, the Owner shall submit detailed Streetscape Plan for Thermos Road to the northern limit of Street A, the entirety of Street A, Street B1 and Street B2 to the satisfaction and approval of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

128. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 3, the Owner shall submit Detailed Landscaping Plans to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Concept Streetscape Plan for the Thermos Road to the northern limit of Street A, all of Street A, Street B1 and Street B2;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

ADDITIONAL PHASE 4 CONDITIONS

129. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 4, the following additional conditions apply:

a. the watermain upgrades of the existing 200 mm diameter from East-West Craigton Drive along Rannock Street to 300 mm diameter to Pharmacy Avenue, in compliance with the MSS and the SWS Study accepted by the City, are required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

b. the new sanitary sewer in Birchmount Road from Street A to the Massey Creek Trunk Sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

c. the Owner shall address stormwater management for the external drainage crossing Block 7 and address the 100-year storm flows from the external drainage area and the Owner will demonstrate that storm flows will be stored/infiltrated on Block 7 and released based on the allowable release rate for the private lands in the Plan of Subdivision, to the satisfaction of the Chief Engineer, ECS; and

d. the municipal services within Street A, Street B1 and Street B2 are constructed and operational to the satisfaction to the Chief Engineer, ECS.

Streetscape and Landscape Design for New and Existing Streets

130. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 4, the Owner shall submit detailed Streetscape Plan for Birchmount Road and the entirety of Street A to the satisfaction and approval of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

131. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 4, the Owner shall submit Detailed Landscaping Plans to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Concept Streetscape Plan for Birchmount Road and the entirety of Street A;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

Toronto and Region Conservation Authority

132. Prior to the initiation of grading, and prior to the registration of Plan of Subdivision for Phase 4, the Owner shall submit the following to the Toronto and Region Conservation Authority (TRCA) and the City of Toronto for review and approval:

a. A detailed Stormwater Manager Report to include a detailed design for the storm drainage system for the proposed development, including:

i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows;

ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat;

iii. detailed design and maintenance plans for any stormwater management facilities;

iv. and Erosion and Sediment Control Report and Plan, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2006), as amended;

v. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 41/24, as amended;

b. written confirmation that all buildings will be located outside of the Regulatory Floodplain associated with the Taylor-Massey Creek and the Don River watershed;

c. written confirmation that all building opening shall be located above the Regional Storm Flood Elevation, plus an additional 0.3 metres freeboard (159.05 MASL); and

d. pursuant to Ontario Regulation 41/24, the Owner has obtained a permit from the TRCA prior to any development and/or site alteration of the Plan of Subdivision in Phase 4.

133. Prior to the initiation of grading, and prior to the registration of Plan of Subdivision for Phase 4, that the Owner agrees, in wording acceptable to the TRCA:

a. to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition 132, above;

b. to agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA;

c. to design and implement on and off-site erosion and sediment control;

d. 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.

134. Prior to the initiation of grading, and prior to the registration of Plan of Subdivision for Phase 4, the Owner will be required to provide a TRCA clearance fee and any outstanding fees to TRCA for processing and reviewing development applications for this site prior to TRCA clearing any of the draft plan conditions.

ADDITIONAL PHASE 5 CONDITIONS

135. Prior to the Release for Construction of Services or the registration of the Plan of Subdivision as it relates to Phase 5, the following additional conditions apply:

a. the watermain upgrades of the existing 200 mm diameter from East-West Craigton Drive along Rannock Street to 300 mm diameter to Pharmacy Avenue, in compliance with the MSS and the SWS Study accepted by the City, are required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

b. the new sanitary sewer in Birchmount Road from Street A to the Massey Creek Trunk Sewer is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS;

c. the new storm sewer storm in Thermos Road from Street A to the existing storm sewer in Thermos Road is required is required to be constructed and operational to the satisfaction of the Chief Engineer, ECS; and

d. the municipal services within Street A, Street B1, Street B2 and Street C are constructed and operational to the satisfaction to the Chief Engineer, ECS.

Public Access Easement Across Block 5

136. Where Street C is not proposed to be constructed and conveyed at the same time (or after) the remainder of the future public street on the lands north of Block 5 (101 Thermos Road) to connect Street C to Ashtonbee Road (shown as NS13 on Map 45-18 of the Golden Mile Secondary Plan north of Street A), the following conditions 118 to 120 below must be satisfied.

137. Where Street C, are proposed to be constructed and conveyed at the same time (or after), the remainder of the future public street on the lands north of Block 5 (101 Thermos Road) to connect Street C to Ashtonbee Road (shown as NS13 on Map 45-18 of the Golden Mile Secondary Plan north of Street A), then the Block 20 (0.30 reserve) is not required and the M-Plan for registration of the Plan of Subdivision for Phase 5 will be amended to remove Block 20 north of Street C.

138. Prior to the registration of the Plan of Subdivision for Phase 5, the Owner shall:

a. prepare all documents to convey an easement interests to the City for nominal consideration and at no cost to the City, across Block 5 for a public access easement that connects Street C (at the southern limit of Block 20) to Thermos Road to permit general public access, including vehicle, cycling and pedestrian access across Block 5, with such lands to be free and clear of all physical encumbrances to the satisfaction of the Chief Engineer, ECS in consultation with the City Solicitor (the “Block 5 Access Easement”);

b. obtain written approval from the City Solicitor as to the form and content of the Block 5 Access Easement.

139. The Block 5 Access Easement shall be registered concurrent with the registration of the Plan of Subdivision for Phase 5, on Block 5 in favour of the City to the satisfaction of the City Solicitor and the Chief Engineer, ECS.

140. The Owner may request the City through the City’s Real Estate Division in accordance with City procedures, by-laws and requirements, in consultation with the Chief Engineer, ECS and General Manager, Transportation Services to release the Block 5 Access Easement only where the following has occurred:

a. Block 20 (0.3 metre) reserve has been removed from the lands north of Street C;

b. Street C has been constructed and conveyed to the City through registration of the Plan of Subdivision and in accordance with the Subdivision Agreement;

c. Street A has been constructed and conveyed to the City through registration of the Plan of Subdivision and in accordance with the Subdivision Agreement;

d. the remainder of the future public street on the lands north of Block 5 (101 Thermos Road) to connect Street C to Ashtonbee Road (shown as NS13 on Map 45-18 of the Golden Mile Secondary Plan north of Street A) been constructed and conveyed to the City; and

e. the remainder of the future public street on the lands north of Block 5 (101 Thermos Road), Street C and Street A are not temporarily closed for public access for construction purposes or otherwise, to permit public access Thermos Road, Ashtonbee Road or Birchmount Road through the extension of Street C through 101 Thermos Road to Ashtonbee Road, Street C, and Street A.

Streetscape and Landscape Design for New and Existing Streets

141. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 4, the Owner shall submit detailed Streetscape Plan for Thermos Road and Street C to the satisfaction and approval of the Chief Planner, in consultation with the General Manager, Transportation Services. The approved detailed Streetscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Streetscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Streetscape Plan is not required. Any revisions to the approved Streetscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.

142. Prior to earlier of the registration of the Plan of Subdivision or prior to the Release for Construction of Services for Phase 5, the Owner shall submit Detailed Landscaping to the satisfaction and approval of the Chief Planner in consultation with the General Manager, Transportation Services, which shall include:

a. Concept Streetscape Plan for the Thermos Road and Street C;

b. Streetscape Cross Sections: with dimensions for various streetscape zones in the sidewalk zone from building to road curb, as well as information related to the adjacent development including building setbacks, base buildings and stepbacks, ground floor uses, and any applicable front angular planes;

c. Soil Volume Plan;

d. Planting Details;

e. Tree Inventory and Removal Plan;

f. Tree Inventory Table and Site Photos; and

g. Public Utilities Plan as a grayed-out underlay on the Landscape Plan.

The approved detailed Landscape Plan shall be used to align the streetscape as development proceeds through the registration of the Phases of the Plan of Subdivision. If a Landscape Plan has been approved that includes the entirety, and not a part of that new or existing public street, an updated Landscape Plan is not required. Any revisions to the approved Landscape Plan must be approved in writing by the Chief Planner, in consultation with the General Manager, Transportation Services.