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Home My WebLink AboutAuthority 1996 -- - ~-- ----- ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #1/96 Page A 1 February 23, 1996 The 40th Annual Authority Meeting, #1/96, was held on Friday, February 23, 1996, at Black Creek Pioneer Village, 1000 Murray Ross Parkway, in the North and South Theatres. The Secretary Treasurer, Craig Mather, assumed the Chair and called the meeting to order at 11 :20 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Frank McKechnie ................................................... Member Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes ....................................................... Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REPORT OF THE SECRETARY TREASURER Craig Mather, Chief Administrative Officer/Secretary Treasurer, informed the Authority that he had official notification from the Clerks of the Township of Adjala-Tosorontio/Township of Mono, the Regional Municipality of Durham, The Municipality of Metropolitan Toronto, the Regional Municipality of Peel and the Regional Municipality of York, advising of the members duly appointed and entitled to sit as members of the Authority for the 1996 year, except The Municipality of Metropolitan Toronto appointments who have a term of office expiring May 31, 1996, listed as follows: A2 Authority Meeting #1/96, February 23, 1996 APPOINTMENTS TO THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Adjala- T osorontio/Mono: Donna Patterson Region of Durham: Gerri Lynn O'Connor Enrico Pistritto Jim McMaster Municipality of Metropolitan Toronto: Patrick Abtan Maria Augimeri lIa Bossons Raymond Cho Alan Christie Lois Griffin Brian Harrison Norman Kelly Joan King Richard O'Brien Case Ootes Paul Raina Bev Salmon Deborah Sword Region of Peel: Lorna Bissell Frank McKechnie Paul Palleschi Maja Prentice Richard Whitehead Region of York: Randy Barber Margaret Black Michael Di Biase Lois Hancey Eldred King Res. #A1/96 - APPOINTMENT OF SCRUTINEERS Moved by: Randy Barber Seconded by: Michael Di Biase THAT Jane Atkinson, representing Ministry of Natural Resources, and Douglas King, a partner in the firm Peat Marwick Thorn, be appointed as scrutineers for the election of officers, if required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #1/96, February 23, 1996 A3 ELECTIONS The Chief Administrative Officer/Secretary Treasurer conducted the 1996 election of officers. CHAIR OF THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Richard O'Brien was nominated by Eldred King. Richard Whitehead was nominated by Michael Di Biase. Lorna Bissell was nominated by Paul Palleschi. Res. #A2/96 - CHAIR, AUTHORITY Moved by: Michael Di Biase Seconded by: Lois Griffin THAT nominations for the office of Chair of the Authority be closed. . . . . . . . . . . . CARRIED Following the counting of ballots and report of the scrutineers, RICHARD O'BRIEN was declared elected on the second ballot as Chair of The Metropolitan Toronto and Region Conservation Authority . VICE CHAIR OF THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Lois Hancey was nominated by Patrick Abtan. Richard Whitehead was nominated by Randy Barber. Res. #A3/96 - VICE CHAIR, AUTHORITY Moved by: Eldred King Seconded by: Paul Palleschi THAT nominations for the office of Vice Chair of the Authority be closed. . . . . . . . . CARRIED Following the counting of ballots and report of the scrutineers, LOIS HANCEY was declared elected as Vice Chair of The Metropolitan Toronto and Region Conservation Authority. A4 Authority Meeting #1/96, February 23, 1996 CHAIR. FINANCE AND ADMINISTRATION ADVISORY BOARD Brian Harrison was nominated by Patrick Abtan. Res. #A4/96 - CHAIR, FINANCE AND ADMINISTRATION ADVISORY BOARD Moved by: Patrick Abtan Seconded by: Eldred King THAT nominations for the office of Chair of the Finance and Administration Advisory Board be closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED BRIAN HARRISON was declared elected by acclamation as Chair of the Finance and Administration Advisory Board. CHAIR. WATER AND RELATED LAND MANAGEMENT ADVISORY BOARD Lois Griffin was nominated by lIa Bossons. Res. #A5/96 - CHAIR, WATER AND RELATED LAND MANAGEMENT ADVISORY BOARD Moved by: Michael Di Biase Seconded by: Paul Palleschi THAT nominations for the office of Chair of the Water and Related Land Management Advisory Board be closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED LOIS GRIFFIN was declared elected by acclamation as Chair of the Water and Related Land Management Advisory Board. Authority Meeting #1/96, February 23, 1996 A5 CHAIR. CONSERVATION AND RELATED LAND MANAGEMENT ADVISORY BOARD Lorna Bissell was nominated by Lois Hancey. Richard Whitehead was nominated by Michael Di Biase. Res. #A6/96 - CHAIR, CONSERVATION AND RELATED LAND MANAGEMENT ADVISORY BOARD Moved by: Maria Augimeri Seconded by: Paul Palleschi THAT nominations for the office of Chair of the Conservation and Related Land Management Advisory Board be closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Following the counting of ballots and report of the scrutineers, RICHARD WHITEHEAD was declared elected as Chair of the Conservation and Related Land Management Advisory Board. THE MUNICIPALITY OF METROPOLITAN TORONTO REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Deborah Sword was nominated by Maria Augimeri. Joan King was nominated by Lois Hancey. Deborah Sword withdrew her name from nominations. Res. #A7/96 - EXECUTIVE COMMITTEE REPRESENTATIVE, METRO TORONTO Moved by: Paul Palleschi Seconded by: Jim McMaster THAT nominations for The Municipality of Metropolitan Toronto representative on the Executive Committee be closed. .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED JOAN KING was declared elected by acclamation as a member of the Executive Committee. A6 Authority Meeting #1/96, February 23, 1996 THE REGIONAL MUNICIPALITY OF YORK REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Michael Di Biase was nominated by Eldred King. Res. #A8/96 - EXECUTIVE COMMITTEE REPRESENTATIVE, YORK Moved by: Eldred King Seconded by: Jim McMaster THAT nominations for the Regional Municipality of York representative on the Executive Committee be closed. ............................................ CARRIED MICHAEL DI BlASE was declared elected by acclamation as a member of the Executive Committee. THE REGIONAL MUNICIPALITY OF DURHAM REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Enrico Pistritto was nominated by Bev Salmon. Gem Lynn O'Connor was nominated by Jim McMaster. Res. #A9/96 - EXECUTIVE COMMITTEE REPRESENTATIVE, DURHAM Moved by: Paul Palleschi Seconded by: Eldred King THAT nominations for the Regional Municipality of Durham representative on the Executive Committee be closed. ............................................ CARRIED Following the counting of ballots and report of the scrutineers, ENRICO PISTRITTO was declared elected as The Regional Municipality of Durham, Executive Committee Representative. Authority Meeting #1/96, February 23, 1996 A7 VICE CHAIR. FINANCE AND ADMINISTRATION ADVISORY BOARD Patrick Abtan was nominated by Lorna Bissell. Res. #A 10/96 - VICE CHAIR, FINANCE AND ADMINISTRATION ADVISORY BOARD Moved by: Paul Raina Seconded by: Patrick Abtan THAT nominations for the office of Vice Chair of the Finance and Administration Advisory Board be closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED PATRICK ABTAN was declared elected by acclamation as Vice Chair of the Finance and Administrative Advisory Board. VICE CHAIR. WATER AND RELATED LAND MANAGEMENT ADVISORY BOARD Lorna Bissell was nominated by Joan King. Res. #A11/96 - VICE CHAIR, WATER AND RELATED ADVISORY BOARD Moved by: Randy Barber Seconded by: Paul Palleschi THAT nominations for the office of Vice Chair of the Water and Related Land Management Advisory Board be closed. ......................................... CARRIED LORNA BISSELL was declared elected by acclamation as Vice Chair of the Water and Related Land Management Advisory Board. AS Authority Meeting #1/96, February 23, 1996 VICE CHAIR. CONSERVATION AND RELATED LAND MANAGEMENT ADVISORY BOARD Maria Augimeri was nominated by Deborah Sword. Res. #A 12/96 - VICE CHAIR, CONSERVATION & RELATED ADVISORY BOARD Moved by: Randy Barber Seconded by: Paul Palleschi THA T nominations for the office of Vice Chair of the Conservation and Related Land Management Advisory Board be closed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED MARIA AUGIMERI was declared elected by acclamation as Vice Chair of the Conservation and Related Land Management Advisory Board. Res. #A13/96 - DESTRUCTION OF BALLOTS Moved by: Michael Di Biase Seconded by: Randy Barber THAT the ballots used in the elections be destroyed. . . . . . . . . . . . . . . . . . . . . . . CARRIED Res. #A 14/96 - NEW BUSINESS Moved by: Lois Hancey Seconded by: Patrick Abtan THAT the Chair, Richard O'Brien, be appointed as The Metropolitan Toronto and Region Conservation Authority representative to The Association of Conservation Authorities of Ontario (ACAO) Council for 1996, and the appropriate strategic committee. . . . . . . . CARRIED Authority Meeting #1/96, February 23, 1996 A9 MOTION OF APPRECIATION Res. #A 15/96 Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Members and staff of the Authority extend their gratitude and appreciation to William Granger, for his hard work and dedication, as Chair of the Full Authority for the past four years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED MOTION OF APPRECIATION Res. #A16/96 Moved by: Lois Griffin Seconded by: lIa Bossons THAT Members and staff of the Authority send gratitude and appreciation to Ms. Victoria Carley and Ms. Joanna Kidd, former provincial representatives, for the hard work and dedication displayed by both individuals, on both the Full Authority Board and the Water and Related Land Management Advisory Board. ............................. CARRIED A10 Authority Meeting #1/96, February 23, 1996 .Res. #A 17/96 - APPOINTMENTS TO ADVISORY BOARDS Moved by: Enrico Pistritto Seconded by: Paul Raina THAT appointments to the Finance and Administration, Water and Related Land Management and Conservation and Related Land Management Advisory Boards be approved as listed herein; Finance and Administration Advisorv Board: Patrick Abtan Margaret Black Raymond Cho Brian Harrison Norman Kelly Eldred King Frank McKechnie Case Ootes Water and Related Land Manaoement Advisorv Board: Lorna Bissell lIa Bossons Alan Christie Lois Griffin Lois Hancey Joan King Jim McMaster Enrico Pistritto Maja Prentice Paul Raina Bev Salmon Conservation and Related Land Manaoement Advisorv Board: Maria Augimeri Randy Barber Michael Di Biase Gerri Lynn O'Connor Paul Palleschi Donna Patterson Deborah Sword Richard Whitehead Authority Meeting #1/96, February 23, 1996 A11 AMENDMENT Res. #A 18/96 Moved by: Enrico Pistritto Seconded by: Paul Raina THAT Section V (20) of the Rules of Conduct of the Authority, stating that no Advisory Board shall have more than ten members, be suspended for the 1996 year. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED THE MAIN MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED TERMINATION ON MOTION, the meeting terminated at 2:00 p.m., February 23, 1996. J. Craig Mather Secretary Treasurer pI. INAUGURAL MEETING Following the adjournment of the 40th Annual Meeting of the Authority #1/96; the newly appointed Chair of the Authority, Richard O'Brien, called the Inaugural Meeting to order at 2:05 p.m. and proceeded through the program. ON MOTION, the meeting terminated at 2:30 p.m., February 23, 1996. Richard O'Brien Chair pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #2/96 Page A 1 2 March 29, 1996 Meeting, #2/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, March 29, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:05 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Alan Christie ...................................................... Member Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Joan King ........................................................ Member Frank McKechnie ................................................... Member Jim McMaster ..................................................... Member Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes ....................................................... Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member RES. #A 19/96 - MINUTES Moved by: Brian Harrison Seconded by: Paul Raina THAT the minutes of Meetings #13/95 and #1/96 be approved. . . . . . . . . . . . . . . . . . . CARRIED A13 AUTHORITY MEETING #2/96, March 29, 1996 CONDOLENCES The Chair informed the Members of the Authority of the death of Mrs. Nancy Lord, wife of the late G. Ross Lord. RES. #A20/96 Moved by: Lois Hancey Seconded by: Paul Palleschi THAT the condolences of the Authority be forwarded to the family of the late Mrs. Nancy Lord. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A21/96- (1) LEASE OR SALE OF AUTHORITY OWNED LANDS (2) POTENTIAL DISPOSAL/LEASE OF AUTHORITY OWNED LANDS East side of Islington Avenue, vicinity of Rutherford Road, City of Vaughan, Humber River Watershed Moved by: Maria Augimeri Seconded by: Michael Di Biase THAT staff prepare a review of the Authority's overall financial situation and the role that land deemed surplus to greenspace requirements might play during 1996 and future years; and; THAT staff report to the Authority at the earliest possible date with a proposed strategy; THAT the consideration of whether any of the lands Included in the tableland parcel situate on the east side of Islington Avenue, north of Rutherford Road identified as Parcel uA", being Part of Lots 16, 17 and 18, Concession 7, in the City of Vaughan, containing approximately 75 acres, can be declared surplus, be deferred pending the results of the overall review; THAT the parcel of Authority owned table land on the east side of Islington Avenue, south of Rutherford Road, identified as Parcel uB", being part of Lot 15, Concession 7, in the City of Vaughan, Regional Municipality of York, containing approximately 10 to 15 acres of vacant table land be declared surolus to the future requirements of the Authority subject to: (a) all existing Municipal requirements for future use of this part of Lot 15, Concession 7, City of Vaughan, being met. (b) The proposed use is to be of a nature compatible with the Authority's objectives and to not negatively affect the Authority's adjacent holdings. (c) A vegetated buffer of not less than 10 metres is to be established to the satisfaction of the Authority on lands to be retained by the Authority. (d) Storm water management practices are to be carried out on the site to the satisfaction of the Authority. (e) Fencing along the new property boundary is to be carried out to the satisfaction of the Authority at no cost to the Authority. AUTHORITY MEETING #2/96, March 29, 1996 A14 (f) An archaeological investigation is to be conducted before any site disturbance with any mitigative measures required being carried out at no cost to the Authority. THAT the availability of Parcel "B" be advertised publicly for sale or lease to obtain the maximum possible potential financial return for the property and in no event less than the current market value or in conflict with Authority objectives. AND FURTHER THAT the parcel of tableland situate on the east side of Islington Avenue at the entrance to Boyd Conservation Area identified as Parcel "C.., being Part of Lots 12 and 13, Concession 7, in the City of Vaughan, containing approximately 10 acres of tableland, ~ considered surolus. AMENDMENT #1 RES. #A22/96 Moved by: Lois Hancey Seconded by: Bev Salmon THAT the w~rds "for sale" be deleted from paragraph five of the main motion. AMENDMENT #2 RES. #A23/96 Moved by: Lois Griffin Seconded by: Jim McMaster THAT in paragraph 1 of the main motion, the words "sale or lease of" be inserted after "...and the role that. ..sale or lease of.. .land deemed surplus..."; AND FURTHER THAT at the end of paragraph 1, the following be added: "in funding both land purchases and ongoing operating costs". AMENDMENT #1 WAS .......................................... NOT CARRIED AMENDMENT #2 WAS .............................................. CARRIED THE MAIN MOTION, AS AMENDED, WAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE (1 ) The need to develop a rational process for determining which lands could be considered for lease or sale. (2) Summary of review by Authority staff of disposal of potentially surplus Authority lands, by sale or lease situate east of Islington Avenue, in the vicinity of Rutherford Road, City of Vaughan, Humber River Watershed, including information obtained through the public process. A15 AUTHORITY MEETING #2/96, March 29, 1996 BACKGROUND At Executive Meeting #1/96 held on March 8, 1996, the following was adopted by Resolution #E10/96: "THA T the staff report regarding potential disposal by sale or lease of certain Authority-owned table lands east of Is/ington Avenue, in the vicinity of Rutherford Road in the City of Vaughan, Regional Municipality of York, dated February 29, 1996, be received; AND FURTHER THA T the Chair meet with staff to develop a course of action regarding the potential disposition of the subject lands and a process for developing an overall strategy regarding the disposal/lease of Authority-owned lands. " A. Acauisition of Land In response to the devastation of Hurricane Hazel and the need to protect against a repeat of the loss of life and property damage suffered, the first task of Metro Region Conservation was to develop a flood control plan. The Authority completed the Plan for Flood Control and Water Conservation in 1959. It received approval of the federal and provincial governments in 1961, along with a required Plan for Ancillary Conservation Measures. The thrust of the Flood Control Plan was to provide for protection and prevention through a combination of: * construction of remedial measures including 13 dams and reservoirs; * acquisition of hazard and conservation lands; and * adoption and administration of regulations to ensure new development is not at risk. Acquisition of lard for the proposed dams and reservoirs included not only the valley and stream corridor but sufficient lands to provide a buffer to these facilities and to incorporate the ancillary measures required under The Canada Water Conservation Assistance Act (1952-53). The required ancillary measures included reforestation, wildlife management, soil conservation and the development of recreation and nature study facilities. Over time, our structural approach to dealing with flood risk has changed from large upstream dams to more site specific flood control works. We have also placed an emphasis on prevention through development control, regulations and valley acquisition. Although the new approach to flood control did not contemplate the construction of the dams and reservoirs as originally intended, the 1980 Watershed Plan adopted by the Authority, identified the desirability of retaining the lands purchased for these large projects. The rationale being that there may be a future flood control or other water management or open space use for these lands. At the same time, the programs of acquisition and regulation of hazard lands were reconfirmed as effective preventative techniques and have been a major component of our watershed management work since that time. Because of the importance of our acquisition program to all aspects of the Authority's work and because of the increasing land costs , it was recognized that the Authority must clearly define the types of lands that it should be acquiring to achieve its objectives. As a result, in the 1989 Greenspace Strategy, and subsequent Acquisition Projects, we have defined those lands that would form the greenspace system as including: AUTHORITY MEETING #2/96, March 29, 1996 A16 * valley and stream corridors * the Lake Ontario waterfront * Environmentally significant areas * Provincial wetlands (Classes 1 - 7) * kettle lakes * ground water discharge areas * significant woodlotlvegetationlhabitat linkages * Carolinian Forest * riparian habitat zones * flood control, erosion and reservoir project lands * Niagara Escarpment park extensions * links for the regional trail system * lands identified by the Authority in cooperation with its member municipalities and/or the Province of Ontario as complementary to the Greenspace system. In the acquisition of lands for Greenspace or specific project purposes, the Authority has, in specific instances, needed to acquire entire holdings, including lands beyond its basic requirements, to achieve its objectives in a cost effective and timely manner. B. Identification and DisDosal of Sumlus Land From time to time, the Authority has been requested to consider the sale or lease of its lands or based on our own internal reviews, we have identified the potential.for disposal. In order to deal with these requests and to ensure an open and consultative process for the determination, declaration and disposal of a particular surplus parcel, the Authority adopted a Land Disposal Policy in 1994. The Policy which is attached at the end of this report has guided the declaration and disposal of surplus lands since that time. Besides complying with provincial land disposal policies and procedures, which are built into the current Authority land disposal policy, the Authority is also required to comply with the Provincial Revenue Sharing Policy. Acquisitions were traditionally funded 50% by the province. Under the policy which was first implemented in December 1983 and most recently updated and reaffirmed by the Provincial Treasury Board in March 1992, conservation authorities have the opportunity of seeking provincial approval to utilize the entire share of the land sale revenue to undertake provincially approved capital projects. While the updated provincial policy allowed the Authority to request Treasury Board approval to use land sale revenues for other than the acquisition of lands, Provincial staff has, since 1992, discouraged us from requesting approvals for other than high priority land acquisition. It is assumed therefore, that approval for using the provincial share of the land sale revenues for such things as administrative or operating expenses would not have been forthcoming. It would also appear that these restrictions will continue and therefore the sale of lands should not be perceived as a mechanism for replacing operating dollars. A17 AUTHORITY MEETING #2/96, March 29, 1996 The Authority has been successful during the past 10 years in obtaining substantial municipal and provincial funding for special projects such as The Metropolitan Toronto Hazard Land Acquisition Project and the current Motel Strip Project. However, the more general acquisition of Greenspace lands during this period has relied on funding from Authority land sales or monies raised from private and corporate donations. The breakdown of funding from these sources for the period 1986 to 1995, inclusive, is shown on chart 1 and on the attached pie chart. CHART 1 I LAND ACQUISITION FUNDING 1986-19951$) I YEAR MNR GRANT OTHER LEVY LOCAL LAND SALE DONATIONS OTHER TOTAL PROVINCIAL MUNICIPAL REVENUE FUNDING FUNDING 1986 2.419,880 71,676 1,558,689 0 703.398 0 0 4,753,643 1987 2,147,261 430,983 5,719,632 0 1,080.887 0 15.990 9,394,753 1988 13.509.953 432.425 3.605.406 213,786 397.464 0 310,916 18.469,950 1989 1,627.439 1,349,043 4,573,084 0 2.345,611 172.000 1.203 10,068,380 1990 5.492.357 25,793 10,444.401 0 9.498.580 0 1,326 25.462.457 1991 308.492 1750,000) 291,678 0 6.338.938 688,600 1 .408 6,879.116 1992 868,640 9.086.144 6,311,234 380,046 854.625 28,000 24.411 17.553,100 1993 454,977 9,886.521 153,835 291,800 1.089.006 10.390 40.744 11,927.273 1994 72,650 113,788 207,196 217.689 654,518 17,250 187,180 1,470,271 1995 44,072 3,217 44,073 413,083 2.913.387 341.000 416,631 4,175.463 TOTAL 26.945.721 20,649,590 32.909,228 1,516.404 25.876.414 1.257.240 999,809 110,154.406 AUTHORITY MEETING #2/96, March 29, 1996 A18 a:: w :) w Z :!: W i I- > 0 W I- ;i a:: , z 0 w <( Ol -l r a:: 0 <( , C) - CJ) a:: Cl z z ~ ..:.::::::::}:))1m: mmm ::s ~ AM::::::::::::::::::::::::::::::::}} t::::t ~ 1.0 ~ At1i::il!I~~111::!1:::..:ii:llil.lillli..I'.:i'::II.11Iii 0 ll) m C"'i N m t:::::::::::::::::::::::::~::::::::::::;::;:::::::::::::::::::::::;:::;m ;;...................................... .................................. ..... ,,;.:.:.;.:.;.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.;.:.:.;.:.:.:.:.'. T""" J.:::rI{fj~j~~~~~j~~;~jtIjt~lffrrrrH~JJ~ I Aj:::j:::::j:j:j::ijij:j:;jIiiliiImm:~::::::1:I:::j:::; :i;;:i\~ CO ~::::::::::~::::::::::::::::::::::::::::::::::::::::::::::;:;:;:;:;:;:;:;:::;:;::: :~:::::::~ cx::> ........................................... ..... .: ~ ~ 1Iljj~~[j ~1~jjj~ 11 ~ 1 ~j~~1~~~~~~~~~~1 I ~ !~I~~ ~j ~t~~~ ~! ~ 1 ~ 1 ~ 1 ~! ~ ~ i~~~1~~~ ~1 ~~I~~~ m .:::;:;:;:;:::::::;:;:::;:::::::::;:;:::;:::;:;:;:;:;:::::::::::::::::::::::::::::::::::~: .:~::~::~ T'"" .L ;(9 i I Z , I - ! 0 i Z i i ::> ....................... i U. - I I CJ) I z z 0 0 i= I <( ~ z I I 0 - Cl I Cf) ;i I - 0 ::> ~ i ~ 0 U <( C) z 0 is z Z :) <( U. -l ....J < C3 - z :; 0 a:: ...J a. < ~ a:: 0 w 9: Ol :!: U Ol I- Z ~ 0 :) ;i :E 0 ...J ".. <::: c:O u ~ 0 - ...J ~ ~ ~ - I A19 AUTHORITY MEETING #2/96, March 29, 1996 Over time, the Authority has disposed of higher valued and higher taxed tablelands to purchase core Greenspace land. Key environmental properties are being acquired while small surplus parcels are being disposed of on a strategic, financially sound and timely basis. Chart 2 illustrates the steady increase in Authority land ownership over the years. CHART 2 AREA OF LAND ACQUISITIONS AND SALES 1985-1995 (ACRES) LANDS ACQUIRED TOTAL TOTAL YEAR LANDS SOLD DIFFERENCE AUTHORITY OWNERSHIP 1986 624.849 (43.933) 580.916 29,608.466 1987 516.856 (90.347) 426.509 30,034.975 1988 114.666 (14.128) 100.538 30,135.513 1989 260.981 (97.466) 163.515 30,299.028 1990 47.946 (62.014) (14.068) 30,284.960 1991 1,312.764 (20.598) 1,292.166 31,577.126 1992 171.904 (0.974) 170.930 31,748.056 1993 180.247 (0.364) 179.883 31,927.939 1994 74.438 (2.180) 72.258 32,000.197 1995 202.838 (16.516) 186.322 32,186.519 TOTAL 3,507.489 (348.520) 3,158.969 32,186.519 AUTHORITY MEETING #2/96, March 29, 1996 A20 Chart 3 summarizes the acquisitions and sales carried out in 1995. Some 200 acres of Greenspace lands were acquired with the assistance of revenue from the sale of less than 20 acres of tableland deemed surplus to the Authority's Greenspace requirements. The most significant acquisition during 1995 funded with land sale revenue was the 68 acre Kleinburg Hills Estates property, in the City of Vaughan, Humber River Watershed. The most significant land sale was the 15 acre surplus tableland parcel, in the City of Vaughan, to the York Region School Board. CHART 3 I LANDS ACQUIRED IN 1995 BY MUNICIPALITY I MUNICIPALITY ACREAGE TOTAL ACQUISITION COSTS METRO 51.811 $572,711.00 YORK 115.948 $2,446,769.00 PEEL 1.325 $2,049.00 DURHAM 33.754 $1,153,936.00 I TOTAL I 202.838 I $4,175,465.00 I Given the Authority's current financial situation, the fact that funds for an acquisition program will not be available from public sources for some time to come and concerns have been expressed about the sale of lands to fund short term needs at the expense of longer term open space needs, it is recommended: , THAT staff prepare a review of the Authority's overall financial situation and the role that land deemed surplus to Greenspace requirements might play during 1996 and future years; and; THAT staff report to the Authority at the earliest possible date with an proposed strategy. C. Immediate Needs The Authority's Greenspace System was established with vision and determination. It now represents the basis of the green infrastructure for the Toronto area and surrounding regions. This green infrastructure is one of the significant dimensions of the quality of life in our area and is renowned worldwide. While much has been accomplished, it is essential that the Authority have the flexibility to acquire key parcels, as opportunities present themselves. While the relationship between our overall financial situation and the disposal of land will be reviewed in a further report to be prepared by staff, there is an immediate need to proceed with the sale or lease of certain of the lands that have already been declared surplus or are in the process of being considered as surplus, to meet current acquisition commitments. Our immediate needs are listed on Chart 4. A21 AUTHORITY MEETING #2/96, March 29, 1996 CHART 4 I OUTSTANDING 1996 FUNDING NEEDS I PROPERTY FUNDING POTENTIAL FUNDING SOURCES OUTSTANDING REQUIRED AMOUNT MUNICIPAL FOUNDATION Markovic - Metro $1,200,000 $500,000 $250,000 $450,000 Milne Hollow Humber Trail Links $1,000,000 $500,000 $500,000 - Metro Nominal cost $150,000 $150,000 acquisitions and other ancillary costs Centennial Creek - $100,000 $100,000 Metro Moore - Pickering $285,000 $150,000 $135,000 Allan - Caledon $340,000 $340,000 Broda Drive - $125,000 $125,000 Vaughan TOTAL $3,200,000 $1,150,000 $250,000 $1,800,000 Lands previously approved by the Authority as surplus or which are in the process of being considered as surplus are found in the list below. Revenues from the sale or lease of these properties, at such time as agreements for their purchase are received and approved, will go to financing the needs described in Chart 4. It must be understood that although a property may be declared surplus, there mayor may not be a purchaser willing to pay an acceptable amount at this time. . the north east corner of Jane Street and Steeles Avenue . land presently under agreement with the Town of Caledon and the Bolton Horse Show in the Palgrave area, Town of Caledon . a six acre parcel on the north side of Glasgow Road, in the Bolton area, Town of Caledon . a residential lot on the west side of Highway #50, in the Bolton area, Town of Caledon . land in the vicinity of Rodd Avenue, Town of Pickering . a residential lot at 139 Sylvan Avenue, City of Scarborough . a residential lot on Riverside Drive, City of North York . a six acre parcel in the Glen Major area, Township of Uxbridge . land on the west side of Duffins Creek, south of Bayly Street in conjunction with the Highrise property on the waterfront, Town of Ajax . a residential lot and home at 147 Sylvan Avenue, City of Scarborough . a 50 acre parcel north of Steeles Avenue, on the west side of the 8th Line in the Claireville area, City of Brampton . land at the rear of a commercial property at 99 Ortona Court, City of Vaughan AUTHORITY MEETING #2/96, March 29, 1996 A22 D. The Lands at Boyd As a part of the original Plan for Flood Control and Water Conservation six dams and reservoirs were proposed on the Humber River at: West Branch 1. Claireville 2. Ebenezer Main Branch 3. Lower Bolton 4. Nashville East Branch 5. King Creek 6. Lower East Branch (Boyd). The Claireville Dam and Reservoir was the only one of the six Humber structures to be built. The lands referred to as parcels" A" and "B" (see attached map), proposed for consideration as surplus in the Boyd Area, are lands acquired for the building of the Boyd Dam and Reservoir. The land referred to as parcel "C" was acquired as part of the Boyd Conservation Area. At Authority Meeting #11/95, held December 15, 1995, Resolution #A278/95 was adopted: "THA T the potential disposal or long term leasing of certain parcels of Authority-owned land on the east side of Islington Avenue, in the vicinity of Rutherford Road, in the City of Vaughan, be referred to the Authority staff for review, in accordance with established Authority policies; AND FURTHER THA T a report be brought forward to the Executive Committee at a future date recommending further action. n The Authority, in this instance, received requests from the owner of an established children's private school and the representatives of a religious order, to consider selling or leasing Authority lands in the Boyd area. The parcels being reviewed are described as follows and can be found on the attached map. Parcel 'A': Located on the east side of Islington Avenue, north of Rutherford Road, being Part of Lots 16, 17 and 18, Concession 7, City of Vaughan, Regional Municipality of York, containing approximately 75 acres of vacant table land. Acquired as part of the Boyd Dam and Reservoir project. Parcel'B': Located on the east side of Islington Avenue south of Rutherford Road, being Part of Lot 15, Concession 7, City of Vaughan, Regional Municipality of York, containing approximately 10-15 acres of vacant table land. Acquired as part of the Boyd Dam and Reservoir project. Parcel 'C': Located on the east side of the Islington Avenue, at the entrance to Boyd Conservation Area, being Part of Lots 12 and 13, Concession 7, City of Vaughan, Regional Municipality of York, containing approximately 10 acres of table land. Acquired as part of the Boyd Conservation Area. A23 AUTHORITY MEETING #2/96, March 29, 1996 '" ~.-\" ....:,' '~ I,' 1- "::1'-' -.,r.... 1/ J...:' ,1 ,'I If ~'.. r..- 1/ ~ -""", ~\ - , \ -, 7" '\ " ~\ , \ I ~\ /---' "- .\ , '\ ..... 1.'~'", !J \ \J', - .i ,~ f J~ ., " ~ - " ( - - " r, l/J . L.\NDS SOLD TO TilE YORK I 'po, , REGION ROMAN CATHOLlC\ . I SEI'AI{ATE SCIIOOL BOARD ..- lrr......, .-,- I , . .. LANI>S SOLD TO TilE ciTY '. OF VAlIGIIAN : t..~ L-\NDS SOLD TO TilE YORK' REGION BORAD OF EOUCATION , . . ;, '-I ~ ~':... "/ ~~1"'" l; ~ ./ t;; i' I I \~:'; ,''', 'J . .., " /> . " '- . q, , -, " I BOYD LANDS (j) AUTHORITY MEETING #2/96, March 29, 1996 A24 According to the Authority's policies for Surplus Land Sales, a detailed technical review was carried out. This review identified the boundaries of the valley corridor; determined whether there were any significant natural features or environmental resources; and considered whether the lands met the criteria established for the acquisition of Greenspace land. Staff concluded that portions of parcels "A" and "B" could be considered for designation as surplus land. Because parcel "c" forms a part of the Boyd Conservation Area, its disposal would disrupt the public's use of the park as well as affecting our use of the Authority's Boyd Workshop. It was staff's conclusion therefore, that parcel "c" should not be considered as surplus to our needs. Based on this review, the next steps in the Authority's policy have been taken to date with respect to Parcels "A" and "B": . comments from the City of Vaughan and the Region of York were requested . signs were installed on the subject lands on February 19, 1996 inviting public comment; . notices of public information sessions were sent to the City of Vaughan and the Regional Municipality of York Planning Departments, Regional Councillor Di Biase, City Councillor Corella, Mayor Lorna Jackson, Ministry of Municipal Affairs and Housing, Ministry of Natural Resources, as well as all prospective proponents and the members of the public who have called for information; . notice of the Public Information Session and requests for public comment were placed in the Toronto Star and the Richmond HillNaughan/Thornhill Liberal on February 28, 1996; . a Public Information Session was held on March 6, 1996, at the West Vaughan Community Centre during the hours of 4:00 p.m. to 9:00 p.m. Authority staff including representatives from the Property and Administrative Services Section and the Facilities and Operation Division were on hand throughout the Public Information Session; . members of the public were invited to attend the Executive Committee at the meeting held on March 8, 1996 to make submissions or comments. Based on the request for comments and the public session, the following correspondence and comments were received: 1 ) Regional Municipality of York - Received a letter dated February 16, 1996, advising that the only concern of the Region of York is that there may be a requirement for certain road widenings in the area at some future date. (It would appear that Parcel "B" is not affected. However, staff will again consult with Region staff before finalizing any sale or lease as to specific boundaries.) 2) The City of Vaughan council on February 26, 1996 adopted the following resolution: "That the fol/owing comment be forwarded to the Metropolitan Toronto and Region Conservation Authority (M. T.R.C.A.l In response to its request for input regarding the proposed disposal of Authority land in the vicinity of Rutherford Road and Is/ington Avenue in the City of Vaughan. A25 AUTHORITY MEETING #2/96, March 29, 1996 The City of Vaughan requests the M. T.R. C.A. to consider the following in making its determination as to the sale/lease of any of its surplus. tableland on the east side of Islington A venue in the vicinity of Rutherford Road: - that the Authority be cognizant and give recognition to the City of Vaughan Land Use Plans of/for the areas contemplated for sale or long-term lease recognizing that the City's planning strategy in this area has been based on the assumption that the conservation area and open space along the east side of Islington is a long-term use; - that conditions be put in place that the final use of any lands ultimately sold or leased be compatible to the community and educational uses reflected by current public ownerships in the area; and - that no commitment to development of any disposed surplus land be given without consultation with the City to ensure that all technical considerations are consistent with the Municipality's land development (site plan) criteria. 3) Letter dated February 29, 1996 received from Jim Streb President of York University Staff Association objecting to the sale or lease of any of the subject lands. 4) At the Executive Committee Meeting held on March 8, 1996 two delegations appeared, both speaking in favour of the lands being made available for sale or lease. 5) A number of calls were received from the public and visitors to the Open House. All callers and visitors at the Open House expressed support for the proposed sale or leasing of the lands. Based on these comments and the discussion at the last Executive Committee meeting, staff has the following comments to make: Parcel "A" This parcel contains a large area of tableland which may no longer be necessary to any future reservoir requirements. This holding while situated immediately north of lands earlier disposed of to the Separate School Board, is close to current Authority operations including the Boyd Education Field Centre, the current tree nursery and the Authority Central Services Headquarters. The City of Vaughan Official Plan Amendment #400, as recently approved, provides for substantial residential development on the west side of Islington Avenue in this area. While there are no municipal services north of Rutherford Road, at this time, it is anticipated that full municipal services will be available in the future. Given the size of this property and to allow staff additional time to review the long term Authority operational needs, if any, at this location and the recommended review of the relationship between our current financial situation and the role that the sale of lands should play in 1996 and the future, it is recommended that the question of whether to declare this parcel surplus at this time be referred back to staff for additional review. Parcel uB" Three similar land transactions have already taken place within the vicinity of this parcel (see attached map): 1. the City of Vaughan for a community centre 2. the York Region Roman Catholic Separate School Board 3. the York Region Board of Education. AUTHORITY MEETING #2/96, March 29, 1996 A26 The three previous transactions, including two immediately adjacent to parcel "B", indicate that this area is not now considered critical to the integrity of any revised flood control project within the valley area or required for any future operations of the Boyd Park. The comments received from the Region of York and the City of Vaughan regarding the potential disposal of this parcel were both positive as detailed above. The results of the public open house held in the community were also positive. This area has municipal services and would be readily developable. Given the municipal and community support for the disposal of this parcel and the previous adjacent sales, it is staff's position that this parcel can be considered surplus to our needs at this time. Recommendations: 1 ) THAT the consideration of whether any of the lands included in the tableland parcel situate on the east side of Islington Avenue, north of Rutherford Road identified as Parcel "A", being Part of Lots 16, 17 and 18, Concession 7, in the City of Vaughan, Regional Municipality of York, containing approximately 75 acres, are to be declared surplus,~ deferred Dending the results of the overall review. 2) THAT the parcel of Authority owned table land on the east side of Islington Avenue, south of Rutherford Road, identified as Parcel "B", being part of Lot 15, Concession 7, City of Vaughan, Regional Municipality of York, containing approximately 1 0 to 15 acres of vacant table land be declared surolus to the future requirements of the Authority subject to: (a) all existing Municipal requirements for future use of this part of Lot 15, Concession 7, City of Vaughan, being met. (b) The proposed use is to be of a nature compatible with the Authority's objectives and to not negatively affect the Authority's adjacent holdings. (c) A vegetated buffer of not less than 10 metres is to be established to the satisfaction of the Authority on lands to be retained by the Authority. (d) Storm water management practices are to be carried out on the site to the satisfaction of the Authority. (e) Fencing along the new property boundary is to be carried out to the satisfaction of the ~uthority at no cost to the Authority. (f) An archaeological investigation is to be conducted before any site disturbance with any mitigative measures required being carried out at no cost to the Authority. THAT the availability of Parcel "B" be advertised publicly for sale or lease to obtain the maximum possible potential financial return for the property and in no event less than the current market value or in conflict with Authority objectives. A27 AUTHORITY MEETING #2/96, March 29, 1996 3) THAT the parcel of tableland situate on the east side of Islington Avenue at the entrance to Boyd Conservation Area identified as Parcel "C", being Part of Lots 12 and 13, Concession 7, in the City of Vaughan, containing approximately 10 acres of tableland, not be considered surolus. Report prepared by: Alyson Deans, extension (269) Don Prince, extension (221), Craig Mather, extension (240) , AUTHORITY MEETING #2/96, March 29, 1996 A28 APPENDIX 1 POLICIES FOR SURPLUS AUTHORITY LAND SALES Res. #A289/94: THAT parcels of Authority owned land proposed to be sold, or otherwise disposed of, for other than road widening or other routine public purposes, at nominal consideration, be first brought to the attention of the Executive Committee and processed in the following manner; (a) A detailed technical review is to be carried out by the Authority's technical staff. Appropriate terms and conditions are to be prepared by the technical staff dealing with any technical concerns, including potential impact or mitigation requirements relating to remaining Authority holdings; (b) The proposed disposition is to be circulated to the local and regional municipalities; (c) All sales are to be at market value, with agreements to include provisions for all Authority objectives to be met. THAT in those instances where the land proposed to be disposed of is of significance, other than small fragments offered to abutting owners in exchanges of land, minor sales or resolution of encroachment problems, the following additional steps be taken; (1 ) The Authority's intention to consider disposal of the lands be duly publicized, including adequate newspaper publication in at least one local and one major Toronto region newspaper; (2) At least one public open house information session be held in the vicinity of where the lands proposed to be disposed of are situate; (3) The general public and any other interested parties be invited to make submissions, either verbal or written, to the Executive Committee prior to a final recommendation being made with respect to disposal; and (4) At such time as a final recommendation is made with respect to disposal, staff provide to the members of the Authority details of the recommended disposition including commission rates and any other specific information relating to the transaction. AND FURTHER THAT Resolution #26, adopted by the Authority at its meeting #1/91, held on February 22, 1991, be rescinded. ---.- A29 AUTHORITY MEETING #2/96, March 29, 1996 APPENDIX 1 CONT'D Res. #26/91 stated: THA T parcels of Authority-owned land proposed to be sold, or otherwise disposed of, for other than road widenings, other routine public purposes, at nominal consideration, be first brought to the attention of the Executive Committee and processed in the following manner: (a) A detailed technical review is to be carried out by the Authority's technical staff. Appropriate terms and conditions are to be prepared by the technical staff dealing with any technical concerns, including potential impact or mitigation requirements relating to remaining Authority holdings; (b) The proposed disposition is to be circulated to the local and regional municipalities; (c) All sales are to be at market value, with agreements to include provisions for all Authority objectives to be met. THA T, in those instances where the land proposed to be disposed of is of significance, other than small fragments offered to abutting owners in exchanges of land, minor sales or resolution of encroachment problems, the following additional steps be taken: (1) the Authority's intention to consider disposal of the lands be duly publicized, including adequate newspaper publication in at least one local and one major Toronto region newspaper; (2) at least one public open house information session be held in the vicinity of where the lands proposed to be disposed of are situate; and (3) the general public and any other interested parties be invited to make submissions, either verbal or written, to the Executive Committee prior to a final recommendation being made with respect to disposal; Components of the criteria considered in establishing the current policy include: (a) Requirement of the Authority to become more public with respect to land disposal; (b) Requirement to comply with the provisions of Section 21 (C) of The Conservation Authorities Act and to adhere to the policies contained in the Policy and Procedures Manual for Conservation Authorities, prepared by the Ministry of Natural Resources; AUTHORITY MEETING #2/96, March 29, 1996 A30 APPENDIX 1 CONT'D (c) Requirement of the Authority in a number of instances when acquiring lands for conservation purposes, to acquire the entire holding when only a portion is necessary for Authority purposes; (d) Requirement to obtain market value; (e) Provide flexibility to deal with potential significant revenue sources through a public process in a manner so as to achieve the highest reasonable return possible; (f) Utilizing established disposal processes including public tender, listings with real estate firms on multiple listing services, real estate firms on a broker protected basis, direct marketing, negotiations, etc.; (g) Utilizing the market value concept being the amount of money a willing buyer will pay a willing seller in the open market. While a property may be zoned for residential use, it may have potential to be used for a higher order of use. The market value concept provides an opportunity for a property's value to reflect a speculative price based on the property's potential, while still taking into consideration any Authority constraints; (h) In instances where non-viable or land locked parcels are involved, market value may be limited. AMENDMENT Res. #A290/94 THAT clause (d) and (h).... be combined to read: (d) Requirement to obtain market value, however, in instances where no-viable or land locked parcels are involved, market value may be limited. A31 AUTHORITY MEETING #2/96, March 29, 1996 RES. #A24/96 - LICENCE AGREEMENTS Third Party Display Boards on Authority Lands. Moved by: Maja Prentice Seconded by: Brian Harrison THAT the Authority enter into a licence agreement for the third party display boards with Mediacom Inc. on the identified sites within the Boyd complex, in the City of Vaughan; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action necessary to give effect thereto, including the execution of any documents. AMENDMENT RES. #A25/96 Moved by: Joan King Seconded by: Richard Whitehead THAT staff prepare a policy regarding the types of advertisements that the Authority would consider acceptable. RECORDED VOTE - AMENDMENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Frank McKechnie ..................................................... Nay Jim McMaster ....................................................... Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes ......................................................... Nay Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Paul Raina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea The Chair voted Yea on the tie break vote of the Amendment. AUTHORITY MEETING #2/96, March 29, 1996 A32 RECORDED VOTE - MAIN MOTION Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Randy Barber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Margaret Black. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Alan Christie . . . . . . . . . . . . . ... .. .... . . . ... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Yea Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . Yea Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Frank McKechnie ...................................................... Yea Jim McMaster ........................................................ Yea Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes .......................................................... Yea Paul Palleschi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Donna Patterson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maja Prentice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard Whitehead ..................................................... Yea THE AMENDMENT WAS ............................................. CARRIED THE MAIN MOTION, AS AMENDED, WAS. . ..... . . . . . ... . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Approval to enter into licence agreements for third party display boards on Authority lands. BACKGROUND This item was referred to staff for review at Authority Meeting #13/95, held February 23, 1996, Resolution #A337/95, states: "THA T this item be referred back to staff for further review and brought back to the Full Authority at a later date." Staff will be giving a slide presentation to the Members of the Authority, showing the individual sign locations. Due to recent changes in the City of Vaughan sign By-laws, Authority staff were approached by outdoor advertising agencies regarding the placement of third party signage on our lands. Until now such signs were not permitted in Vaughan although they have been allowed in most other municipalities. While investigating the financial potential of these signs, staff contacted six outdoor advertising companies to determine the level of market interest. Two companies responded, and staff, working with them, identified six sites that met Authority conditions including: A33 AUTHORITY MEETING #2/96, March 29, 1996 . no negative environmental impacts . full compliance with all MTRCA regulations and the Valley and Stream guidelines . no impact on current programming . easi,ly accessible for maintenance and construction purposes The companies have also shown their willingness to structure licence agreements that specify . full compliance with all City of Vaughan regulations; these would be identified by the proponent through the permitting process. . removal of the sign, for any reason, on 30 days notice . removal of any advertisements not in keeping with the Authority's moral or ethical principles . that the companies pay all costs associated with the installation or maintenance of the sign and provide the required access to the site . that the companies pay all permit fees, utilities, taxes or other costs that might be incurred because of the sign . no Authority involvement with permit or zoning applications, other than signing the necessary applications . that the company will indemnify the Authority and provide the Authority with suitable insurance coverage . that the licence agreement will be for a one year term The By-law calls for permits to be issued by the City for a limited number of signs. Vaughan council passed the changes on January 17, 1996 and applications are currently being accepted. The proposed signs are illuminated 10' x 20', single pole billboards which would be located near major roads in Vaughan. The bids that have been received from Gould and Mediacom are summarized below: Mediacom . $4,000 per face + GST. ($8,000 for a two faced sign) . Cancellation on 30 days notice . Removal of advertising material at our discretion. . Option to book advertising space on any of Mediacom's 2000 faces in the GTA at the rate of $500 per face (plus production costs) for a four week period. This is a reduction of approximately 45% under standard rates. Gould . $3,000 per face + GST. ($6,000 for a two faced sign) . Cancellation on 30 days notice . Removal of advertising material at our discretion. FINANCIAL IMPLICATIONS Each two-sided sign would bring in $8,000 of rental income per year. If all six sites are rented then yearly income will be $48,000. Report prepared by: Robert Burchett, ext. 367 AUTHORITY MEETING #2/96, March 29, 1996 A34 Recommended for approval at a special meeting of the Finance and Administration Advisory Board Meeting #2/96, held March 29, 1996 at 9:00 a.m. RES. #A26/96 - 1996 BUDGET - OPERATING AND CAPITAL Moved by: Brian Harrison Seconded by: Joan King THAT the 1996 Operating and Capital Budget be adopted; AND FURTHER THAT the following actions be taken: 1. All current projects included in the 1996 Operating Budget be adopted; 2. Whereas the Conservation Authorities Act provides that for the carrying out of any project, an Authority shall have the power to determine the portion of total benefit afforded to all municipalities that is afforded to each of them, subject to such regulations as may be approved by the Lieutenant Governor in Council, The Metropolitan Toronto and Region Conservation Authority enacts as follows: (i) That all member municipalities be designated as benefiting for all current projects included in the 1996 Budget; (ii) That Authority's share of the cost of the current projects included in the 1996 Budget shall be raised from all member municipalities as part of the 1996 General Levy; . (jii) That the 1996 General Levy for current programs be apportioned to the participating municipalities in the proportion that the equalized assessment of the whole is under the jurisdiction of the Authority, unless otherwise provided in the levy or a project and subject to any regulations which may approved by the Lieutenant Governor in Council; (iv) That the 1 996 general levy for the operation, maintenance and development of the Conservation Areas, Black Creek Pioneer Village and the Kortright Centre for Conservation be in accordance with the funding formula adopted by the Authority at its meeting #8/88 held on December 2, 1988, continued at the 1993 apportionments, and as adjusted to meet the individual funding requirements of the participating municipalities; (v) That the appropriate Authority officials be instructed to advise all municipalities pursuant to the Conservation Authorities Act and to levy the said municipalities the amount set forth in the 1996 Budget for current programs; 3. That the 1996 Capital Budget and the 1 996 Capital Levy for projects included therein be adopted by the Authority with the following action being taken: (a) The Township of Adjala-Tosorontio be levied for the Conservation Area Development Project, 1996; A35 AUTHORITY MEETING #2/96, March 29, 1996 (b) The Regional Municipality of Durham be levied for: (i) The Lake Ontario Waterfront Regeneration Project, 1996; (ii) The Conservation Area Development Project, 1996 (c) The Municipality of Metropolitan Toronto be levied for: (i) Valley and Shoreline Regeneration Project, 1996; (ii) Lake Ontario Waterfront Regeneration Project, 1996; (iii) Project for Etobicoke Motel Strip Waterfront Park, 1996; (iv) Don Valley Brickworks Regeneration Project, 1996; (v) Metro Remedial Action Plan Implementation Project, 1996; and subject to the attainment of all required project approvals; (vi) Jolly Miller Land Acquisition Project, 1996 (vii) Conservation Area Development Project, 1996; (d) The Township of Mono be levied for the Conservation Area Development Project, 1996. (e) The Regional Municipality of Peel be levied for: (i) Dixie\Dundas Flood Control Project, 1996; (ii) Conservation Area Development Project, 1996. (f) The Regional Municipality of York be levied for Conservation Area Development Project, 1996. (g) The appropriate Authority officials be instructed to advise all municipalities pursuant to the Conservation Authorities Act, and to levy the said municipalities the amounts set forth in the 1996 Capital Budget. 4. Except where statutory or regulatory requirements provide otherwise, staff be authorized to enter into agreements with private sector or government agencies for the undertaking of projects which are of benefit to the Authority and funded by a sponsor. ... . . . . CARRIED KEY ISSUE This report recommends the 1996 Budget, Operating and Capital , AUTHORITY MEETING #2/96, March 29, 1996 A36 Recommended for approval at a special meeting of the Finance and Administration Advisory Board Meeting #2/96, held March 29, 1996 at 9:00 a.m. RES. #A27/96 - 1995 AUTHORITY FINANCIAL STATEMENTS Moved by: Brian Harrison Seconded by: Joan King THAT the transfer of funds into and from reserves during 1995, as outlined in Statement 3 of the Financial Statements, be approved; AND FURTHER THAT the 1995 audited financial statements, as presented, be approved, signed by the Chair and Secretary-Treasurer of the Authority, and distributed to each member municipality and the Minister of Natural Resources, in accordance with Section 38(3) of the Conservation Authorities Act. ................................................... CARRIED KEY ISSUE The 1995 Financial Statements of the Authority are presented for the Finance and Administration Advisory Board's approval and recommendation to the Authority. Recommended for approval at Executive Committee Meeting #1/96, held March 8, 1996. RES. #A28/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT 1996-2000 Flood Plain and Conservation Component Humber River Watershed Rologia Developments Inc. Moved by: Randy Barber Seconded by: Alan Christie THAT 1.58 acres, more or less, be purchased from Rologia Developments Inc., said land consisting of a irregular shaped parcel of land being Part of Lot 13, Concession 8, City of Vaughan, Regional Municipality of York; THAT the purchase price be $2.00 plus vendor's reasonable legal and survey costs; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Purchase of property located north of Langstaff Road, east of Highway #27, in the City of Vaughan, under the "Greenspace Protection and Acquisition Project 1996-2000" Flood Plain and Conservation Component, Humber River Watershed. A37 AUTHORITY MEETING #2/96, March 29, 1996 Recommended for approval at Executive Committee Meeting #1/96, held March 8, 1996. RES. #A29/96 - RECOGNITION AND EMPLOYEE SUGGESTION AWARDS SUB-COMMITTEE Appointments for 1995 Moved by: Randy Barber Seconded by: Alan Christie THAT the Recognition and Employee Suggestion Awards Sub-Committee for 1996 consist of Lois Hancey (Chair), Patrick Abtan and Donna Patterson. . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Member appointments to the Recognition and Employee Suggestion Awards Sub-Committee. Recommended for approval at Executive Committee Meeting #1/96, held March 8, 1996. RES. #A30/96 - PROJECT FOR THE ACQUISITION OF THE ALTONA FOREST ENVIRONMENTAL SIGNIFICANT AREA - DR. J. MURRAY SPEIRS PROPERTY AND ALTONA FOREST ENVIRONMENTAL MANAGEMENT PLAN Moved by: Randy Barber Seconded by: Alan Christie THAT Page 3 of the Altona Forest Environmental Management Plan as approved by the Members of the Authority on June 23, 1995, be amended to include the wording set out on the attached Schedule "A"; AND FURTHER THAT appropriate Authority officials be authorized and directed to take whatever action is required, to arrange for completion of the Dr. J. Murray Speirs acquisition. .... CARRIED KEY ISSUE Minor wording clarification to the Altona Forest Environmental Management Plan, to accommodate completion of the acquisition of the Dr. J. Murray Speirs Property through donation. RES.#A31/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Alan Christie THAT Section II, of Executive Committee Minutes #1/96, held March 8, 1996, be received and approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED AUTHORITY MEETING #2/96, March 29, 1996 A38 Recommended for approval at Finance and Administration Advisory Board Meeting #1/96, held March 1, 1996. RES. #A32/96 - 1995 FINANCIAL PROGRESS REPORT #3 Moved by: Randy Barber Seconded by: Alan Christie THAT financial progress report #3, dated December 31,1995 be received. .......... CARRIED KEY ISSUE This is the third and final Financial Progress Report for the year 1995 reporting the year-to-date results to December 31, 1995. Recommended for approval at Finance and Administration Advisory Board Meeting #1/96, held March 1, 1996. RES. #A33/96 - ACCOUNTS RECEIVABLE STATUS REPORT February 18, 1996 Moved by: Randy Barber Seconded by: Alan Christie THAT the report on accounts receivable of the Authority, as of February 18, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Request for approval of the accounts for September to December, 1995. Recommended for approval at Water and Related Land Management and Advisory Board Meeting #1/96, held March 1, 1996. RES. #A34/96 - ENVIRONMENTALLY SIGNIFICANT AREAS (ESAs) Annual Update on the Status of the Authority's Inventory Moved by: Randy Barber Seconded by: Alan Christie THAT the Environmentally Significant Areas (ESAs), summarized on the attached table, be adopted as part of the Authority's inventory of ESAs; THAT staff be directed to use this new information to advocate the protection of these ESAs through plan input and review activities; AND FURTHER THAT staff be directed to circulate the new ESA information to the affected municipalities to seek their support in recognizing the ESAs in appropriate land use designations within their planning documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A39 AUTHORITY MEETING #2/96, March 29, 1996 KEY ISSUE The adoption of changes to the Authority's inventory of ESAs as a result of recent field investigations and evaluations. Recommended for approval at Water and Related Land Management and Advisory Board Meeting #1/96, held March 1, 1996. RES. #A35/96 - LAKE ONTARIO WATERFRONTIPROPOSED ACQUISITION BOUNDARY AMENDMENT AND POTENTIAL DISPOSAL OF SURPLUS AUTHORITY LANDS RougelRosebank Area Moved by: Brian Harrison Seconded by: Randy Barber THAT staff be directed to request public input into the proposed boundary amendment and the potential disposal of surplus Authority land in the Rodd AvenuelBella Vista Drive area of the RougelRosebank Community; THAT staff be directed to advise the Rouge Park Alliance of the proposed boundary amendment and request their input; THAT the Rouge Park Alliance be requested to fund the acquisition of the properties between Bella Vista Drive and the Rouge River; AND FURTHER THAT a report recommending further action in this matter be brought to the Water and Related Land Management Advisory Board. ............................. CARRIED KEY ISSUE Proposed amendment to boundary of lands required for Authority purposes to implement the Lake Ontario Waterfront Development Program in the vicinity of Rodd AvenuelBella Vista Drive, in the Town of Pickering, and the resulting potential disposal of surplus Authority lands. Recommended for approval at Water and Related Land Management and Advisory Board Meeting #1/96, held March 1, 1996. RES. #A36/96 - POTENTIAL FUTURE ISSUES FOR BOARD CONSIDERATION DURING 1996 Moved by: Randy Barber Seconded by: Alan Christie THAT the list of potential future issues for Board consideration during 1996 be received. CARRIED AUTHORITY MEETING #2/96, March 29, 1996 A40 Recommended for approval at Water and Related Land Management and Advisory Board Meeting #1/96, held March 1, 1996. RES. #A37/96 - DON WATERSHED REGENERATION COUNCIL Minutes of Meeting #1/96 Moved by: Randy Barber Seconded by: Alan Christie THAT the minutes of the Don Watershed Regeneration Council, Meeting #1/96, held January 11, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE The minutes of Meeting #1/96, January 11, 1996, of the Don Watershed Regeneration Council are provided for information. Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A38/96 - KORTRIGHT CENTRE FOR CONSERVATION Sale of Sawmill Equipment Moved by: Randy Barber Seconded by: Alan Christie THAT the sawmill equipment at the Kortright Centre for Conservation be sold. . . . . . . . . CARRIED KEY ISSUE Approval to sell sawmill equipment at the Kortright Centre for Conservation. Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A39/96 - BLACK CREEK PIONEER VILLAGE 1996 Fee Schedule Moved by: Enrico Pistritto Seconded by: Bev Salmon THAT the 1996 Fee Schedule be revised to increase admission fees to Black Creek Pioneer Village. A41 AUTHORITY MEETING #2/96, March 29, 1996 AMENDMENT #1 RES. #A40/06 Moved by: Enrico Pistritto Seconded by: Bev Salmon THAT a family rate of $20.00 be introduced; a family consisting of two adults and their children; for entry into Black Creek Pioneer Village. ................................. CARRIED AMENDMENT #2 RES. #A41/06 Moved by: Bev Salmon Seconded by: Lois Griffin THAT the Amendment introducing a family rate for admission to Black Creek Pioneer Village be referred back to staff and a report be brought back to the Conservation and Related Land Management Advisory Board at a later date. AMENDMENT #1 WAS .............................................. CARRIED AMENDMENT #2 WAS .............................................. CARRIED THE MAIN MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Revision of the 1996 Fee Schedule to raise fees at Black Creek Pioneer Village (BCPV). Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A42/96 - HEART LAKE AND GREENWOOD CONSERVATION AREAS Outdoor Concerts Moved by: Randy Barber Seconded by: Alan Christie THAT the staff report regarding outdoor concerts held at Heart Lake and Greenwood Conservation Areas in 1995 be received; AND FURTHER THAT staff be directed to continue to seek opportunities for special events at Conservation Areas. ................................................ CARRIED KEY ISSUE Staff is providing a report to the Board regarding the concerts held at Heart Lake and Greenwood Conservation Areas during 1995. AUTHORITY MEETING #2/96, March 29, 1996 A42 Recommended for approval and Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A43/96 - FACILITIES AND OPERATIONS DIVISION Revenue Producing Initiatives Moved by: Lois Griffin Seconded by: Brian Harrison THAT the staff report outlining revenue generating initiatives dated February 7, 1996, be received, as amended; AND FURTHER THAT the approach to funding land management activities through revenue generating activities in selected locations be endorsed. AMENDMENT RES. #A44/96 Moved by: Lois Griffin Seconded by: Brian Harrison THAT at the end of paragraph two of the main motion, the following be added: subject to the receipt of the overall strategy, as adopted by Res. #A21/96, and Amending Res. #A23/96, at Authority Meeting #2/96, held March 29, 1996. THE AMENDMENT WAS ............................................. CARRIED THE MAIN MOTION, AS AMENDED, WAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE The Facilities and Operations Division, in an effort to improve its delivery of regional recreation opportunities, while offsetting reduced funding from traditional sources, is undertaking a coordinated approach to revenue generation. Endorsement of this approach is sought. Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A45/96 - FACILITIES AND OPERATIONS DIVISION Vendor Permits Moved by: Brian Harrison Seconded by: Randy Barber THAT a fee of $50 be charged for a Vendor permit when private caterers provide food services to group picnics in the Conservation Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Approval to charge a Vendor fee to private food service caterers serving customers in the Conservation Areas A43 AUTHORITY MEETING #2/96, March 29, 1996 Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A46/96 - BLACK CREEK PIONEER VILLAGE Moved by: Randy Barber Seconded by: Alan Christie THAT the Authority request that the Conservation Foundation of Greater Toronto release the balance of the Black Creek Growth Endowment Fund to support Village operations in 1996; THAT the assistance of the Foundation be provided in raising operating funds for the Village through a membership development program and; THAT the combined target for these two initiatives be $500,000 for 1996; AND FURTHER THAT the Conservation Foundation of Greater Toronto be thanked for their continued support of Black Creek Pioneer Village. . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Formal request by the Authority for the Conservation Foundation of Greater Toronto to undertake a fundraising project in support of Black Creek Pioneer Village operations. Recommended for approval at Conservation and Related Land Management Advisory Board Meeting #6/95, held February 2, 1996. RES. #A47/96 - BLACK CREEK PIONEER VILLAGE Sponsorship Development Moved by: Randy Barber Seconded by: Alan Christie THAT the report, dated January 21, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . CARRIED KEY ISSUE Report on progress of Sponsorship Development at Black Creek Pioneer Village. AUTHORITY MEETING #2/96, March 29, 1996 A44 TERMINATION ON MOTION, the meeting terminated at 11 :30 a.m., March 29, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #3/96 Page A45 April 26, 1996 Meeting #3/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, April 26, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:05 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Alan Christie ...................................................... Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Joan King ........................................................ Member Frank McKechnie ................................................... Member Jim McMaster ..................................................... Member Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes ....................................................... Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead .................................................. Member REGRETS Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member RES. #A48/96 - MINUTES Moved by Frank McKechnie Seconded by: Maja Prentice THAT the minutes of Meeting #2/96, held March 29, 1996, be approved. . . . . . . . . . . . CARRIED A46 Authority Meeting #3/96, April 26, 1996 CORRESPONDENCE (a) A letter, dated April 25, 1996, from Murray Stroud, Barristers, Solicitors, Notaries, representing Paul and Barbara Rivett, with respect to the project for the acquisition of the Altona Forest Environmentally Significant Area, adopted by Res. #A50/96, and amended by Res. #A51/96 of these minutes. RES. #A49/96 - CORRESPONDENCE Moved by: Maja Prentice Seconded by: Joan King THAT the above item of correspondence be received. . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A50/96 - PROJECT FOR THE ACQUISITION OF THE AL TONA FOREST ENVIRONMENT ALL Y SIGNIFICANT AREA Completion of the Purchase of the Paul and Barbara Rivett Property, Res. #E21/96, Amendment Res. #E23/96 Moved by: Maja Prentice Seconded by: Joan King THAT Resolution #A86/95, adopted by the Members of the Authority at Meeting #3/95 held on April 28, 1995, be rescinded and the following be approved; THAT 1.2 acres, more or less, be purchased from Paul and Barbara Rivett, said land being a triangular shaped parcel of land being Part of Lot 31, Concession 1, Town of Pickering, Regional Municipality of Durham, fronting on the west side of Rosebank Road, south of Finch Avenue East; THAT the purchase price be the sum of $213,000.00, plus payment of vendor's legal costs, together with interest at the rate of 8% per annum, from June 15, 1995, to the date of closing on any unpaid balance; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT the tentative agreement at hand is conditional on the Authority obtaining the necessary funds to complete the purchase of the property, prior to December 31, 1996; THAT in the event the purchase of the property cannot be completed prior to December 31, 1996, the Authority will pay legal costs up to a maximum of $3,000.00 and the deposit shall remain at $100.00; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required and obtain any additional approvals required. Authority Meeting #3/96, April 26, 1996 A47 AMENDMENT Moved by: Enrico Pistritto Seconded by: Lois Hancey THAT paragraph six of the main motion be deleted and replaced with the following: THA T the deposit be Increased from $100.00 to $3,000.00 with said deposit to be credited towards the purchase price on closing. In the event the closing of the transaction does not take place, said deposit is to be non-refundable. RECORDED VOTE - AMENDMENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Alan Christie ., . . . . ... . . . . . . . ... . .. ... . .. . . . . . .. .. . . . . . .. . . . . . . . . . . . . . Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Joan King .......................................................... Nay Frank McKechnie ..................................................... Nay Jim McMaster ....................................................... Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes ......................................................... Nay Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard Whitehead ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay A48 Authority Meeting #3/96, April 26, 1996 RECORDED VOTE - MAIN MOTION Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Randy Barber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Alan Christie ......................................................... Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Eldred King . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Joan King ........................................................... Yea Frank McKechnie ...................................................... Yea Jim McMaster ........................................................ Yea Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Gerrj Lynn O'Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes ......................................................... Nay Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maja Prentice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Paul Raina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Bev Salmon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead .................................................... Nay THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOT CARRIED THE MAIN MOTION WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #3/96, April 26, 1996 A49 RES. #A51/96 - LICENCE AGREEMENT WITH THE MUNICIPALITY OF METROPOLITAN TORONTO AND THE CITY OF YORK Request from The Municipality of Metropolitan Toronto for approval to enter into a licence agreement with the City of York for construction of a walkway on Authority-owned land between Emmett Avenue and Eglinton Avenue West, Res. #E24/96. Moved by Randy Barber Seconded by: Jim McMaster THAT the Authority approve entering into a Licence Agreement for construction of a walkway between Emmett Avenue and Eglinton Avenue West, City of York, In The Municipality of Metropolitan Toronto; with the City of York for a term of five years, on the basis as set out in the attached copy of Clause No.5, contained in Report No.4 of The Corporate Administration Committee, as adopted by the Council of The Municipality of Metropolitan Toronto at its meeting held on February 28, 1996; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to effect thereto, including the obtaining of necessary approvals and execution of any documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A50 Authority Meeting #3/96, April 26, 1996 RES. #A52/96 - RENEWAL OF LEASE AGREEMENT - MTRCA AND THE MCMICHAEL CANADIAN COLLECTION Request from The McMichael Canadian Art Collection to extend the existing lease agreement for a further 20-year period, Res. #E25/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority under the terms of a lease, dated October 3, 1985, leased certain lands in the City of Vaughan to The McMichael Canadian Art Collection, for a period of 10 years, for use in conjunction with the McMichael Gallery; WHEREAS the Authority is in receipt of a request from The McMichael Canadian Art Collection to lease the subject lands for an additional 20-year period, commencing January 1, 1996, generally on the same terms and conditions as contained in the previous lease; AND WHEREAS it is the opinion of the Authority that it is in the best interest of the Authority in furthering its objects as set out in Section 20 of the Conservation Authorities Act, to co-operate with The McMichael Canadian Art Collection, in this instance; THAT a 63.96 acre parcel of land being Part of Lots 22, 23 and 24, Concession VIII, and Part of Blocks A and C, Registered Plan 5582, City of Vaughan, Regional Municipality of York, be leased to The McMichael Canadian Art Collection, for a 20-year period, commencing January 1, 1996. The rental rate to be the sum of $1.00 per annum, with all other terms and conditions to be, generally as set out in the lease, dated October 3, 1985, together with any modifications deemed necessary by the Authority's solicitor to protect the Authority's interest; THAT said lease be subject to the approval of the Minister of Natural Resources, in accordance with Section 21(2) of The Conservation Authorities Act, R.S.O. 1990. Chapter C.27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto including the obtaining of necessary approvals and the execution of any documents. ............................. CARRIED Authority Meeting #3/96, April 26, 1996 A51 RES. #A53/96 - LEASE OF LAND TO LAKESHORE YACHT CLUB Request from Lakeshore Yacht Club to add additional shoreline and water area, previously occupied by the Humber College Sailing Centre to the lease currently being finalized, Res. #E26/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is the owner of the property consisting of the Colonel Samuel Smith Waterfront Park, in the City of Etobicoke, in The Municipality of Metropolitan Toronto; AND WHEREAS the Council of The Municipality of Metropolitan Toronto and the Members of the Authority in 1995, approved of the leasing of certain lands In this area to the Lakeshore Yacht Club for boating purposes; . THAT the Authority approve of the Inclusion of an additional 0.3 hectares, more or less (.8 acres) of land previously occupied by the Humber College Sailing Centre, to be incorporated Into the lease with Lakeshore Yacht Club, on the same basis and terms and conditions as set out in the earlier approval; THAT this be subject to the approval of the Council of The Municipality of Metropolitan Toronto; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. ............................. CARRIED A52 Authority Meeting #3/96, April 26, 1996 RES. #A54/96- RESOLUTION OF AUTHORITY ACCESS ISSUES / THE BOARD OF GOVERNORS OF THE HUMBER COLLEGE OF APPLIED ARTS AND TECHNOLOGY AND MANAGEMENT BOARD SECRET ARIA T Request from The Board of Governors of The Humber College of Applied Arts and Technology (Humber) and Management Board Secretariat (The Province), to resolve interim access arrangements to a permanent basis, in accordance with the O.M.B. decision, the conditions of draft plan of subdivison and other approvals now at hand, Res. #E27/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority, is the owner of the property consisting of the Colonel Samuel Smith Waterfront Park in the City of Etobicoke in The Municipality of Metropolitan Toronto; AND WHEREAS certain agreements were entered into for access and park development concerns with the Board of Governors of The Humber College of Applied Arts and Technology and The Province of Ontario, during the early 1980's; AND WHEREAS a number of planning and development issues in the area relating to lands owned by the Province of Ontario and Humber College have recently been resolved, in a manner acceptable to the parties and to the satisfaction of the City of Etobicoke, The Municipality of Metropolitan Toronto and the Authority, to provide for future development and consolidation of the regional parklands. THAT the Authority enter into an agreement with Management Board Secretariat of the Province of Ontario and The Board of Governors of The Humber College of Applied Arts and Technology, to accommodate regional park access off Kipling Avenue extended to Colonel Samuel Smith Park. AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. ............................. CARRIED Authority Meeting #3/96, April 26, 1996 A53 RES. #A55/96 - THE CONSERVATION FOUNDATION OF GREATER TORONTO Appointment of Chair of The Metropolitan Toronto and Region Conservation Authority as a Member of The Conservation Foundation of Greater Toronto, Res. #E28/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT the Chair of The Metropolitan Toronto and Region Conservation Authority, by virtue of position, is automatically deemed to be one of the four Authority representatives appointed as a Member of The Conservation Foundation of Greater Toronto; AND FURTHER THAT one other Authority member be appointed at Authority Meeting #3/96 to be held on April 26, 1996 to The Conservation Foundation of Greater Toronto until the Authority's Annual Meeting in February, 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A56/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Jim McMaster THAT Section II, of Executive Committee Minutes #2/96, held April 12, 1996, be received and approved. ....................................................... CARRIED A54 Authority Meeting #3/96, April 26, 1996 RES. #A57/96 - CLAIREVILLE CONSERVATION AREA Request from the Ontario Golf Association to enter into a partnership for the development of a state of the art environmentally friendly golf course, Res. #C1/96 and Res. #W7/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT staff be directed to enter into discussions regarding the development of a partnership agreement with the Ontario Golf Association for the development of a golf course on lands within the Claireville Conservation Area; THAT in conjunction with the consideration being given to other proposals for recreational development opportunities in the Claireville area, staff be directed to consult on this concept with other agencies, community groups, and the public; THAT subject to Authority approval of the partnership agreement, a full Concept and Design Review be undertaken in accordance with the Strategy for Public Use of Conservation Authority Lands; AND FURTHER THAT the results of the concept and design review be brought forward to a subsequent joint Advisory Board meeting. ................................. CARRIED RES. #A58/96 - TOMMY THOMPSON PARK - 1996 INTERIM MANAGEMENT PROGRAM As part of the ongoing Interim Management Program at Tommy Thompson Park, staff has outlined the proposed 1996 Interim Management Program for the Park including the annual lease with the Aquatic Park Sailing Club, Res. #W9/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT the 1996 Interim Management Program for Tommy Thompson Park be received; THAT staff be directed to execute the 1996 licence agreement with the Aquatic Park Sailing Club; THAT staff be directed to negotiate a formal agreement with the Toronto Harbour Commissioners regarding access and other such items deemed necessary for the 1996 program; AND FURTHER THAT staff be authorized to take whatever action is required in connection with the Interim Management Program including the execution of any documents and agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #3/96, April 26, 1996 A55 RES. #A59/96 - PROPOSED STORMWATER MANAGEMENT POLICY Actions to be taken in response to the City of North York's proposed Storm water Management Policy, associated funding arrangements, and recommendations for the Authority's role, Res. #W11 196. Moved by: Randy Barber Seconded by: Jim McMaster THAT the Authority support the Purpose, Goals, Principles, and Steps of the City of North York Stormwater Management Policy; THAT initial discussions about the proposed funding arrangements, roles of the Authority, and mechanisms for determining end-of-pipe stormwater management requirements be held in conjunction with the Steering Committee being established by Metro Works for the Master Planning for Wastewater Systems exercise; AND FURTHER THAT staff respond to the City of North York and report back to the Authority with a recommended course of action once discussions have taken place. . . . . . . . . . . . . . . CARRIED RES. #A60/96 - THE HUMBER WATERSHED TASK FORCE Minutes of Meetings #1/96, #2/96 and #3/96, Res. #W12/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT the minutes of The Humber Watershed Task Force meetings #1/96 (January 9, 1996), #2/96 (February 6, 1996) and #3/96 (March 5, 1996) be received. . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A61/96 - THE HUMBER WATERSHED TASK FORCE Progress Report: October, 1995 to April, 1996, Res. #W13/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT The Humber Watershed Task Force Progress Report - October, 1995 to April, 1996, dated April, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A56 Authority Meeting #3/96, April 26, 1996 RES. #A62/96 - DON WATERSHED REGENERATION COUNCIL Minutes of Meeting #2/96, March 7,1996, Res. #W14/96 Moved by: Randy Barber Seconded by: Jim McMaster THAT the minutes of the Don Watershed Regeneration Council, Meeting #2/96, held March 7, 1996, be received. .......................................... CARRIED RES. #A63/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGEN ERA TION PROJECT 1992-1996 Continuation of the construction of shoreline erosion control works along the Sylvan Avenue sector of the Scarborough Bluffs Sylvan Avenue Erosion Control Project, Lake Ontario Waterfront, City of Scarborough, Res. #W15/96 Moved by: Randy Barber Seconded by: Jim McMaster THAT staff be directed to proceed with the 1996 construction program for the Sylvan Avenue Erosion Control Project, City of Scarborough, under the "Municipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992-1996" at a total cost of $500,000, subject to receipt of provincial funding approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A64/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGEN ERA TION PROJECT 1992-1996 Remediation of Beechgrove Drive gully erosion at East Point Park, Lake Ontario Waterfront, City of Scarborough, Res. #W16/96 Moved by: Randy Barber Seconded by: Jim McMaster THAT staff be directed to proceed with the remediation of the Beechgrove Drive gully erosion at East Point Park, City of Scarborough, under the "Municipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992-1996" at a total estimated cost of $200,000, subject to receipt of all necessary funding. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #3/96, April 26, 1996 A57 RES. #A65/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGEN ERA TION PROJECT 1992-1996 Continuation of the construction of slope stabilization work at Nos. 3-5 Kingsbury Crescent, Lake Ontario Waterfront, City of Scarborough, Res. #W17/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT staff be directed to proceed with the completion of slope stabilization work in the vicinity of 3-5 Kingsbury Crescent, City of Scarborough, under the nMunicipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992 - 1996n at a total cost of $50,000 subject to confirmation of funding approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A66/96 - CLAIREVILLE CONSERVATION AREA Call for proposals to develop public uses in the Claireville Conservation Area south of Steeles Avenue, Res. #C3/96, Amended by Res. #C4/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT staff be directed to invite proposals to develop public uses in the Claireville Conservation Area south of Steeles Avenue: THAT staff be directed to continue consultation with other agencies, community groups and the public regarding recreational development opportunities and proposal calls within the Claireville Conservation Area: ~- AND FURTHER THAT public use development proposals within the Claireville Conservation Area north of Steeles Avenue be brought back to the Authority for further consideration. .... CARRIED A58 Authority Meeting #3/96, April 26, 1996 RES. #A67/96 - BLACK CREEK PIONEER VILLAGE Report on creating a family admission rate to Black Creek Pioneer Village (BCPV), Res. #C5/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT a daily family admission rate not be introduced for Black Creek Pioneer Village. . . . CARRIED RES. #A68/96 - WILD WATER KINGDOM - PROPOSAL FOR ELECTRIC KARTS Recommending approval of a proposal from Wild Water Kingdom for an electrrc kart attraction to be constructed in 1996, Res. #C6/96. Moved by: Randy Barber Seconded by: Jim McMaster THAT the proposal from Wild Water Kingdom for construction of an electric kart attraction be approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES. #A69/96 - BLACK CREEK PIONEER VILLAGE Black Creek Pioneer Village (BCPV) sponsorship consultant's phase one report containing overview of funding options and initial recommendations for corporate partnership directions, Res. #C7/96. Moved by: Joan King Seconded by: Randy Barber THAT the report prepared by Arts and Communications Counsellors titled, "'A Strategic Approach to Revenue Generation: Preliminary Recommendations for Slack Creek Pioneer Village", be received; AND FURTHER THAT the sponsorship directions contained therein be developed further to identify specific recommendations for sponsorship opportunities. . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #3/96, April 26, 1996 A59 TERMINATION ON MOTION, the meeting terminated at 11 :20 a.m., April 26, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #4/96 Page A60 May 31,1996 Meeting #4/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, May 31, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:00 a.m. PRESENT Patrick Abtan .......................................................... Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black ......................................................... Member Lorna Bissell ........................................................... Member Raymond Cho ..................................................... . . . . . Member Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase ........................................................ Member Lois Griffin ............................................................ Member Lois Hancey ........................................................... Member Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson ........................................................ Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS Maria Augimeri ......................................................... Member lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor ..................................................... Member Frank McKechnie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice .......................................................... Member Paul Palleschi ......................................,................... Member Bev Salmon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member RES #A 70/96 - MINUTES Moved by: Michael Di Biase Seconded by: Norman Kelly THAT the minutes of Meeting #3/96, held April 26, 1996, be approved. ............... CARRIED A61 AUTHORITY MEETING #4/96, May 31, 1996 CORRESPONDENCE (a) A letter, dated May 30, 1996, from Madeleine McDowell, Chair of the Humber Heritage Committee, objecting to billboards on Authority owned land in Vaughan, along Major Mackenzie and Rutherford Road. (b) A letter., dated May 13, 1996, from Mayor Frank Faubert, City of Scarborough, regarding the Authority's request for comments on the possible conveyance of the Guild Inn to The Municipality of Metropolitan Toronto. (c) A letter, dated May 22, 1996, from Mayor Barbara Hall, City of Toronto, regarding a proposed golf academy at 3 Leslie Street. (d) A letter, dated May 29, 1996, from The Friends of Altona Forest and Petticoat Creek, regarding the proposed waterfront acquisition boundary amendment and potential disposal of Authority lands, in the vicinity of Rodd Avenue in Pickering. RES #A 71/96 - CORRESPONDENCE Moved by: Deborah Sword Seconded by: Paul Raina THAT the above items of correspondence be received; AND FURTHER THAT the letter from Ms. Madeleine McDowell, Chair of the Humber Heritage Committee {correspondence item (a)} be referred to the City of Vaughan. .............. CARRIED RES #A 72/96 - APPOINTMENT OF MEMBERS BY THE MUNICIPALITY OF METROPOLITAN TORONTO TO THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Moved by: Deborah Sword Seconded by: Paul Raina THAT the correspondence from Metropolitan Toronto regarding the re-appointment of Members of Council and the appointment of citizens to The Metropolitan Toronto and Region Conservation Authority be received; AND FURTHER THAT Victoria Carley be appointed to the Conservation and Related Land Management Advisory Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A62 BACKGROUND I have received correspondence from the Clerk of The Municipality of Metropolitan Toronto, advising that Council has appointed the Councillors and Citizens noted as Members of the Authority, for the period June 1, 1996 to November 30, 1997. Report Prepared By: J. Craig Mather, Chief Administrative Officer A63 AUTHORITY MEETING #4/96, May 31, 1996 -.)~\CIP...( METRO CLERK 55 Jonn Street fa-1i-~ 5tn. 1071. 7tn Fir.. Metro !"'iail Toronto. ON. M5V 3C6 Havina Wang Fax (4161 392-2980 ~ ~o.? MeDlXlClMlWI c:.x T eteCnone (416) 39 2-857'0 0.0 o~ Ralph Walton elL./TAN ~ Oerluty Me!roDt>>lan r;:"" May 9. 1996 I RECEIVE(1! r MAY 1 5 1996 Mr. Craig Mather . l ChIef AdminisU'aDYe OffIcer /Secretary- Treasurer \ C1W!f ,'lhiii:itmtoi':; Omen MetropQItan Toronto and Region Conservation Authority . _. - 5 Shoreham Drive DCMnSView,Omario M3N 154 Dear Mr. Mather. This is to advise that the Metropolitan Council at its meeting held on May 8, 1996. re-appointed the fcIIowing Members of Council to the Metropolitan Toronto and Region Conservation Authority, for a tenn of office commencing on June 1. 1996. and expiring on November 30. 1997. and until their SlICCSSSOtS are appointed: Metropolitan Councillor Maria Augimeri Metropolitan Councillor Brian Harrison North York - Black Creek Scarborough - City Centre Station 1020. 2nd Floor Metro Hall StatIon 1020. 2nd Floor Metro Hall 55 John Street. Suite 208 55 John Street. Suite 215 T aronto, Ontario MSV 3C6 Toronto. Ontario M5V 3C6 Metropolitan Councillor 118 Bossons Metropolitan Councillor Norman Kelly Toronto - Midtown Scarborough - Wexford Station 1020. 2nd Floor Metro Hall Station 1020. 2nd Floor Metro Hall 55 John Street, Suite 214 55 John Street, Suite 233 Toronto. Ontario MSV 3C6 Toronto. Ontario M5V3C6 Metropolitan Councillor Raymond Cho Metropolitan Councillor Joan King Scarborough - MaJvem North York - Seneca Heights Station 1020. 2nd Floor Metro Hall Station 1020. 2nd Floor Metro Hall 55 John Street, Suite 229 55 John Street. Suite 217 Toronto. Ontario M5V 3C6 Toronto. Ontario M5V 3C6 Metropolitan Councillor Lois Griffin Metropolitan Councillor Dick O'Brien Etobicoke - Rexdale- ThisUetown Etobicoke - Markland Centennial Station 1020. 2nd Floor Metro Hall Station 1020, 2nd Floor Metro Hall 55 John Street, Suite 55 John Street, Suite 201 Toronto, Ontario MSV 3C6 Toronto. Ontario MSV 3C6 ... /2 AUTHORITY MEETING #4/96, May 31, 1996 A64 -2- MeuopaIItan CoW1CiIIor Case Oates MccpaIItan Councillor Bev Salmon EasI York Nonh York - Centre South Stadan 1020. 2nd Floor M8IrO Hall StaIIan 1020. 2nd Floor Metro Hall 55 John Street. SUite 55 John Street. SUite 224 Toror&o. Onrario MSV 3C6 Toronro. Ontario M5V 3C6 I should point out that CouncI on July 5 and 6. 19B9. by the adoption d Cause No. 4 of Report No. 22 d The MC'opoIIW1 ~ea Idve Committee. headad ~eport d the SUb-Committee on Special Purpose Bodles-, as amended. requested that -Special Purpose Bodies advise the Metropolitan Cerk when any Member d Council or cidzsn appointed by Metropolitan Counci has been absent from three consecuIJve Board meetings of the Special Purpose Bodles-. Yours tniy, ry~ Metropolitan Certe R. WattoI1/mm c. All Appointees . A65 AUTHORITY MEETING #4/96, May 31, 1996 1,)l4\CI P<4 METRO ClERK 55 Jonn Street ~ R (/;- { 8"t'f; Stn. , 07'. 7th Fir. Metro l-1ail Toronto. ON. MSV 3C6 Novina Wong Fax (4161392-2980 ~ bJ~ ~, Ci8rIr T~ne(4'6139 2~21 0.0 ~ Ralph Walton Ot/TAt! ~o 0IlDutv~C- F Ht:~ ~.ca Il ':\il!p . 1 '4"; t.::. I.~ t.' ~'=:I May 8. 1996 I i Mr. Craig Mather MAY 1 A. 1QQ,; Chief AdmInIStrative Officer Metropolitan T oromo and Region Conservation Authority Chi~T :'~rrB;H:~;~ict~ Q:~iI:~ 5 Shoreham Dnve Downsview. ON M3N 154 Dear Mr. Mather: The Council of The MUnicipality of Metropolitan Toromo at its meeting held on May B. 1996. by the adoption. as amended. of Clause No. 1 of Report No. 1 of The Nominating Committee. headed "Citizen AppOintments to Agencies. Boards and Commisslons", appolmed the follOWIng individuals to the Metropolitan Toromo and Region Conservation Authonty, for a tenn of office commencing on June 1, 1996. and expiring on November 30, 1997, and until their successors are appoimed: Mr. Patnck Abtan Ms. Victoria Wster Carley 194 Fenn Avenue 218 Humbercrest Boulevard WillowdaJe. ON M2P 1 Y2 York, ON M6S 4L3 Tel. No. 222-9146 (H) and 396-0675 (8) Tel. No. 766-1330 (H) and 766-1330 (8) Mr. Paul Raina Ms. Deborah Sword 37 MarJOry Avenue 59 Sheilds Avenue Toromo. ON M4M 2Y2 Toromo. ON MSN 2K3 Tel No. 463-8460 (H) and 463-8460 (8) Tel No. ~124 (H) Enclosed herewith. for your information, Is a copy of the aforememioned Clause. May we also advise that CouncU on February 14 and 15, 1990. by the adoption of aause No.9 of Report No.6 of The Managemem Committee, headed -Appointment Policies and Procedures for Citizen Appointees to Metropolitan Toronto Agencies, Boa.-cs and Ccmmisslcr.:o-, as amended. reaffirmed I"s previous direction of July 5 and 6, 1989, that Special Purpose Bodies advise the Metropolitan aerk when any Member of CouncU or citizen appoimed by Metropolitan Council has been absem from three consecutive Board meetings of the Special Purpose Body. Yours truly, M~2:tek R. MacKenzie:ab Attachment -~ AUTHORITY MEETING #4/96, May 31, 1996 A66 t8-13'~ METRO CLERK ~ eo! ilO ~o ~l.tTA" ~ Clause embodied in Report No.1 of The Nominating CommiIIee. .. adopted by the Council of The Municipality of Metropotitan Toronto at b meeting held on May a. 1996. 1 CITIZEN APPOINTMENTS TO AGENCIES, BOARDS AND COMMISSIONS. (The Meuopoiillzn Cound1 on May 8, 1996. lZ1f'IDtded this CIlJuse by adding to Recommendmio7l (c) of the NomWztzng ConrmitUe. heD.i:WI -Board of Director$, MeuopoijlJzn T01'01UO Convention Cerure Corporrmo1l~. the words Wsubjea to conjimuzrion from the Metr'Opolillzn T01'01IlO Convenaon ~ CorpoTTZtlOn tJuzt they p1'OVitie insurrznce coverage and indemnijiaztion for offtcD'S and direaon to eM sarisfacrion of the Merropolilan Soiicilo,. and eM Commissioner of Fuuznce and Tmzsuru, ill accortiance with eM /Wk Management Policy adopted by Council on Apri119, 20 and 21, 1995.w (The ComrnissiolW' of FflUlltce and TI'mSW'eT, in her ct1Pfl17W1ficJZton dated May 8. 1996. to Merropolilan Council. has confim'wi th.ar insurrmce coverage is bemg purr:Juz.red by the Meuopoliuuz TOT01UO Convention Cerure Corponzrion and indemnification is provided to alficD'S and direao~]) The Nominating Committee recommends that the following citizen appointments be made by Council: (a) METROPOUTAN TORONTO AND REGION CONSERVATION AUTHORnY Patrick Abtan (MTRCA - 1) (North Yortc) Victoria Lister Cartey (MTRCA - 4) (York) Paul Rei,. (MTRCA - 19) (Toronto) Deborah Sword (MTRCA - 23) (Toronto) for a tenn of office commencing on June 1, 1996, expiring on November 30,1997, and until their sueeessor(s) are appointed. (b) BOARD OF GOVERNORS, RIVER DALE HOSPITAL Margot Davison (BGRH - 2) (Etobicoke) for a term of office commencing on July 1, 1996, expiring on November 30, 1997, and until her su~sor is appointed. (c) BOARD OF DIRECTORS, METROPOUTAN TORONTO CONVENTION CENTRE CORPORATION James Oemeroutis (MTCC - 4) (North York) Thomas Wells (MTCC - 15) (North York) for a term of office commencing on June 1, 1996, expiring on November 30,1997, and until their successor(s) are appointed. A67 AUTHORITY MEETING #4/96, May 31,1996 2 (d) METROPOUTAN UCENSING COMMISSION Char1es Archibald (MLC - 2) (Toronto) Gloria Shan (MLC - 31) (Toronto) Daniel Peter Shimski (MLC - 32) (SC8I1Iotough) Dorothy Thomas (MLC - 33) (Toromo) for a term of office commencing on June 1, 1996, expiring on November 30,1997, and until their successor(s) are appointed. (e) BOARD OF GOVERNORS, EXHISmON PLACE Frederick Eisen (HCI - 1) (Toronto) Carole Kemel (BGEP - 13) (Toronto) Paul M. Valenti (BGEP - 22) (Toronto) J. David Windrim (BGEP - 24) (Toromo) for. term of office commencing on June 1, 1996, expiring on November 30, 1997, and until their successor(s) are appointed. The Nominating Committee submits the following report (March 20, 1996) from the Metropolitan CIer1t: Puroose: To review applications received from interested and qualified members of the public seeking appointment to various Metropolitan AgenCIes. Boards and Commissions. and make recommendations thereon. Fundino Sources and Financial Imeact Statement: None. Recommendation: It is recommended that the Nominating Committee review the applications received for appointment to the fojloYling Boards and Commissions: - Metropolitan T aronto and Region Conservation Authority; - Board of Governors. Riverdale HospitaJ: - Board of Directors. Metropolitan Toronto Convention Centre Corporation: - Metropolitan Ucensing Commission: and - Board of Governors. Exhibition Place. Backoround: In accordance with the policy adopted by Metropolitan Council on February 14 and 15. 1990. with respect to citizen appoinunents to Boards and Commissions. an advertisement was placed in the T orento Star and seven multicutturaJ newspapers during the week of February 19. 1996. inviting interested citizens. who are qualified electors. to make applications fer appointment to various Boards and Commissions. and a copy thereof was forwarded to numerous other community and ethnic AUTHORITY MEETING #4/96, May 31, 1996 A68 3 newspapers in Metropolitan Toronto. Members of Counci were also provided with a copy of the advertisement tog8Iher with an infannadon circular in resped of the advertised positions. As required under the policy adopted by Counci, aU new appticanIs have attended an orientation seminar in respect of the Board am/or Commission they applied far. O~~on: Encfosed herewith. for consideration of the Nominadng Cornmillee, are the following: (1) a list of the present appoinDnents to the Boards and Commissions being advertised. indicating the number of appointmentS to be made. the tenn of office, the past service of each incumbent, and the names of individuais who have submitted applications for consideration by the NomInating Committee: (2) a summary of the pertinent recommendations adopted by Metropolitan Council regarding the appoinunent of citizen members to Boards and Comnussions; (3) a copy of the information circular in respect of the advertised positions. describing responsibilities. desirable qualifications, time commib'nents. etc.; and (4) copies of all the applications received for appoinunent to the Boards and Commissions. Contact Name and T e1echone Number: Ms. Rosemary MacKenzie. Assistant S~, Nominating Committee, 392-8021. The Nominating Committee reports, for the information of Council, also having had before it the following repons and communications: (I) (March 20. 1996) from the Metropolitan Clerk submitting communications from the following regarding the attendance record forthe Metropolitan citizen appointees to their respective Boards: - (February 5. 1996) from the Chief Administrative Officer, Metropolitan Toronto and Region Conservation Authority; - (February 16. 1996) from the Chairman, Nominating Committee. Riverda1e Hospital: - (February 16. 1996) from Ms. J. Gm. Executive Assistant. Metropolitan Toronto Convention Centre Corporation: - (February 7, 1996) from the General Manager, Metropolitan Ucensing Commission: and - (February 5, 1996) from the Chief General Manager, Exhibition Place; (ii) (March 20. 1996) from the Metropolitan Clerk advising of the male/female composition of the following Boards with upcoming vacancies: and recommending that the report be received for information: A69 AUTHORITY MEETING #4/96, May 31, 1996 4 ~ TcnaI NumDer at ~ ~ Cumtnt Memoers Meu'oDolltan Toroma and RegIon ColIler.a2IOI1 AuIhonty 2S 16 12 Rivetdale Hoaprtal. Board at GlMtmors 16 13 3 Metropolitan TorantD eorv..nuon Centre CorporatIon, Board at OirKlOrS 13 8 5 MelrOoolitan Ucensmg CommlSllOfl 6 3 3 ExtubrtIon Place. Board at Governors 14 11 3 (iii) (March 21, 1996) from the Chief Administrative OffIcer submitting an analysis of the responses receIVed to the employment equity survey sent to sitting citIzen members of Metro Boards and CommISSIOns that have upcoming vacancies; and recommending that the report be receIVed for information; [IV) (February 29. 1996) from Councillor Ita Bessons, Toromo . Midtown. advising that she is In support of the application from Ms. Victona Car1ey for membership on the Metropolitan T oromo and Region Conservation Authonty; (v) (March 8, 1996) from CounCIllor Lois Griffin. Rexdale - ThisUetown. advising that she is In support of the application from Ms. Victoria Car1ey for membership on the Metropolitan Toronto and Region Conservation Authority; (VI) (March 18. 1996) from Councillor Gordon Chong, North York - Con Parkway, advising that he IS in support of the application from Ms. Camille Serrao for membership on the Metropolitan Ucenslng CommissIon: (VIi) (March 6. 1996) from CouncBlor Ken Morrish. Scarborough - Highland Creek. advising that he is in support of the application from Mr. Bob Lcptson for membership on the Metropolitan Toromo and Region Conservation Authority; and (VIii) (March 12. 1996) from Ms. Elizabeth G. Martin. President, West Rouge Community Association. advising that she is in support of the application from Mr. Bob Lcpt50n for membership on the Metropolitan Toronto and Region Conservation Authority. The follOWing Members of Council appeared before the Nominating Committee on Apnl 3, 1996, in connection with the foregoing matter: - Metropolitan Councillor Dick O'Brien, Etobicoke - Maridand-Cemennial; and - Metropolitan CouncBlor Joe Pantalone, Toronto - Trinity-Niagara. Metropolitan Councillor Howard Moscoe, North York. Spadina. appeared before the Nominating Committee on April 22, 1996, in connection with the foregoing matter. AUTHORITY MEETING #4/96, May 31, 1996 A70 5 (The MetropolilJln Council on May 8, 1996. 1uIJl befo1e it. during ~ of the foregoing CUzwe, the folJowing rqott (May 8, 1996) from 1M ConrmissiDn6 of FI1IIIIII% IIIId TImSIUI!r. At the requm of the Merropo/iIIIn aenc, I1It/Idwl is an uptiI:Iud li.aing of the i1uJemnifit:izt and insunmce injomuzriDn obtllined from those speciIzl purpose bodiD to wiUt:h Metro Cau1Idl is requesud or required to nuJke appointmDIu. This lisrin& which updIItt:s the OM prr:wiIWl in the ClIIuse 1 of Report No. 1 of 1M Striking Committee CDIIjimv the followinF - the An GDllety of 01Ill11iD praviIJes indemnijiazliDn for itr din:atm IIIId of/U:en but does not purcJuue dWc:D1i IIIId ofJiari insurrz1u:e. 1M.Art GGJJery of 01IIII1i0 he confimw:l tlu1t it he 110 inwuion of ]1U1'duzsing such in.rurrIna ~ for the prot<<tiDn of itr afficen IIIId diret:ton; - the Ci11uzdian Urban lnstituu h4s conjinrw1 tlu1t it provida indemnijiaaion for its dincrors and offict!1'$ tIIUi purchIlsu dincrori and ofIiceri insurance; and - the Metropolilan Convmrion Centre C01porrztion he CD1Jjirmed tlu1t it provides iruionnifiClZtion for US directors IIIId offian and is in the J11'OCUS of jiMJizing the acquisition of directors' and officeri insurrzna. .Any inquiries or addizional infonnariolJ rqaniing this nuz/leT should be direcud. to Mr. GiIIis Paterson., Director of FUUIIICiIU Sovicu at 392-6256.) . 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Q ~ ~ - ~ ~o~ ~ .Ec5e - E e E ~ >-E= - ~ o U.._ - _. _ 0 0 a "" . ~ ~..! ~O .8~c8 ~ 0 e 8.0 c OE;! 0 ~ . _ ~ U:Eo .- acc _ ft ~. -"0 0 _qU o ~ ~ i.cZoc ~~ ~~.2g~~ ~ ~ ~ ~i ! I-OUC ~ ~: ~ -; ~~"O -5 <- eacN.~ . C 2 00 Z"OaO.-2: o ~ 0 E :: ~ ~w a ~ :E!. 0 ;. .::: · > ~ ~ 0 i S ~ 0 cB e w c ~ 8~.~~ s=~o"O~cui ~ :E ~ 3~ ~. :E~~~_c ~e :::!! ~ _ -"co. c _c~c_Qo-i ~_. ..~ c, _.c~o -_c;I < :E. !C!(f.l~ i.~i.uo~O .E~ ~~~> ~~ _.uquo ~u z _ = .~"o~~_-~""Qoo~. -aU =.""~-~. O~~U!I- · : ~ B':3~~~5c;.ii:g~.gg;~~ ~:E~ tf~a_~~~ ii:;io;!~ ~ ccu~c>gg~~oo=. Oo:E ~.s~oCI.I- 6==o=~.~ .. .. .!!~.2c~~.=331-~Oiii. ~"OO <._COo~ =OO"Oo_iiia U n ~~o~EE~~~~022eg~ :i; ~~~~.c~ ~eeieo~S o ~ cc~- z._-.---=- ~o_ ,g..._0_ ~--0--5.~ ~ ~ ~u~B8-~~~~~~~~~ o=a ~i~~~!~ -~~~=~.ii~ AUTHORITY MEETING #4/96, May 31, 1996 A72 RES #A 73/96 - DISPOSAL/LEASE OF AUTHORITY OWNED LANDS City of Vaughan, Humber River Watershed Receipt of offers for the sale of surplus Authority owned land situated on the east side of Islington Avenue, south of Rutherford Road in the City of Vaughan, Regional Municipality of York. Moved by: Michael Di Biase Seconded by: Eldred King THAT staff be directed to return the deposits received from the six proponents who submitted offers for the sale of surplus Authority owned land situate on the east side of Islington Avenue, south of Rutherford Road in the City of Vaughan, Regional Municipality of York and advise them that no proposals have been selected for further consideration at this time; AND FURTHER THAT staff be directed to continue to negotiate with all parties who submitted offers for this property and any other parties who as of 4:00 p.m., Thursday, May 30, 1996, expressed an interest in purchasing the property until such time as an acceptable proposal is received whereupon it is to be referred to the Members of the Executive Committee for consideration. AMENDMENT #1 RES #A74/96 Moved by: Michael Di Biase Seconded by: Eldred King THAT, and in keeping with existing and proposed immediately adjacent land uses, the Authority give recognition to the adjacent community's support for institutional (religious, cultural and, educational) uses on the Authority's surplus lands on the east side of Islington Avenue. AMENDMENT #2 RES #A75/96 Moved by: Joan King Seconded by: Lorna Bissell THAT in paragraph two of the main motion the words, "as of 4:00 p.m., Thursday, May 30, 1996" be deleted; AMENDMENT #3 RES #A 76/96 Moved by: Joan King Seconded by: Lorna Bissell THAT to assist Members in future land disposal issues, staff report to the next Authority Meeting on the Authority's definition of "compatible use", as currently used as a condition on the sale of Authority lands. AMENDMENT #4 A73 AUTHORITY MEETING #4/96, May 31, 1996 RES #A 77/96 Moved by: Case Ootes Seconded by: Lois Griffin THAT the highest offer to purchase in the amount of $2,100,000 from Sam Frustaglio - In Trust, be accepted for the sale of Authority-owned land, situate on the east side of Islington Avenue, south of Ruther.ford Road in the City of Vaughan, Regional Municipality of York. AND THAT if the deal is not completed, the Authority seek a second appraisal and then sell the property through a real estate agent. The Chair ruled that amendment #4 was contradictory to the main motion as amended and would only be 'fn order" if the main motion as amended was defeated. RECORDED VOTE - AMENDMENT #1 Patrick Abtan ............................................................. Nay Randy Barber ............................................................. Yea Margaret Black ............................................................ Nay Lorna Bissell .............................................................. Nay Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Michael Di Biase ........................................................... Yea Lois Griffin ............................................................... Nay Lois Hancey .............................................................. Yea Brian Harrison .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Norman Kelly ............................................................. Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ........................................................... Nay Enrico Pistritto ............................................................ Yea Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard Whitehead ......................................................... Yea AMENDMENT #1 WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. NOT CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A74 RECORDED VOTE - AMENDMENT #2 Patrick Abtan ............................................................. Nay Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . Yea Margaret Black ............................................................ Nay Lorna Bissell .............................................................. Nay Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase ........................................................... Yea Lois Griffin ............................................................... Nay Lois Hancey .............................................................. Yea Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly ............................................................. Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Joan King. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ........................................................... Yea Enrico Pistritto ............................................................ Nay Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead ......................................................... Yea AMENDMENT #2 WAS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RECORDED VOTE - AMENDMENT #3 Patrick Abtan ............................................................. Yea Randy Barber ............................................................. Yea Margaret Black ............................................................ Yea Lorna Bissell .............................................................. Yea Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase ........................................................... Yea Lois Griffin ............................................................... Yea Lois Hancey .............................................................. Yea Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly ............................................................. Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard O'Brien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ........................................................... Yea Enrico Pistritto ............................................................ Yea Paul Raina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead ......................................................... Yea AMENDMENT #3 WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A75 AUTHORITY MEETING #4/96, May 31, 1996 RECORDED VOTE - MAIN MOTION Patrick Abtan ............................................................. Nay Randy Barber ............................................................. Yea Margaret Black ............................................................ Nay Lorna Bissell .............................................................. Nay Alan Christie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase ........................................................... Yea Lois Griffin ............................................................... Nay Lois Hancey .............................................................. Yea Brian Harrison ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Norman Kelly ............................................................. Nay Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard O'Brien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ........................................................... Yea Enrico Pistritto ............................................................ Yea Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard Whitehead ......................................................... Yea The Chair voted Yea on the tie break vote of the main motion. THE MAIN MOTION, AS AMENDED, WAS .................................... CARRIED BACKGROUND The Tender Opening Sub-Committee met on Friday, May 10,1996 at 8:45 a.m. to open offers for the Sale or Lease of Authority land in the vicinity of Islington Avenue and Rutherford Road and offers were received for the following proponents: San Frustaglio - In Trust Fieldgate Development and Construction Limited - in Trust Father Claudio Moser - in Trust Rili Construction Weston Limited Little Hampton Holding Corp. Mr. and Mrs. William R. Fach AUTHORITY MEETING #4/96, May 31, 1996 A76 Offered Purchase Price Proponent Sam Fieldgate Father RiIi Little Mr. and Frustaglio - Development Claudio Construction Hampton Mrs. In Trust and Moser - In Weston Ltd. Holding William R. Construction Trust Corp. Fach Ltd. - In Trust Purchase $2,100,000 $1,125,000 $1,125,000 $1,050,000 $826,500 $138,000 Price Commission No No $34,763 No No No IFinders Fee Net Price $2,100,000 $1,125,000 $1,090,237 $1,050,000 $826,500 $138,000 Details on the process utilized for advertising the availability of the land were outlined in item # 4 in the Executive Committee Minutes from meeting #3/96. Except for the offer received from Father Claudio Moser - In Trust, all offers were submitted on the Authority's standard form. Mr. and Mrs. Fach and Rili Construction Ltd. made no changes to the offer and the other three proponents made minor amendments to the document. , Copies of the offers received are appended for the information of the members. The Authority's solicitor Robert Rossow of Gardiner, Roberts Barristers and Solicitors reviewed the highest three offers and his comments are outlined in the attached letter dated May 13, 1996. During March the Authority engaged Royal LePage to carry out a valuation. Royal LePage has prepared a draft valuation of the subject property and has indicated that the Market Value is $2,625,000 for the 15 acre parcel of land declared surplus by the Authority. Provincial guidelines are that the sale price should be at market value. The highest bid of $ 2.1 million is substantially less than the appraised value. Accordingly, staff recommend that all offers and deposits received be returned and the negotiations continue until an acceptable offer is at hand. Certain of the proponents along with others who have contacted the Authority since the closing date for the offer appear willing to continue discussions to attempt to negotiate an arrangement acceptable to the Authority. FINANCIAL DETAILS It is proposed that the funds generated from the sale or lease of this surplus land be utilized to assist in funding high priority Authority activities. Report prepared by: Mike Fenning, extension 223 For information contact: Don Prince, extension 221 or Mike Fenning, extension 223 A77 AUTHORITY MEETING #4/96, May 31, 1996 GARDINER, ROBERTS Suite 31011. Scow f'1.1Z.) ~\en ~ltl R.I\.ll C.:nrn.. Bamsters and SolaCltors oW "'anI: Streer \\~l SUIll: .~(JIl. ~3"(J Hll:tH\ .1\ - Tumnro. CJnoldol \I::H ~y: elr\ ,It \ JUl:n;]n Onr;]",1 L~K ~:\I:; T~lephone: 1~lbl .-.n3-n\I(1 Td~pnlln~: \ 'It I:: , r"'t)-~~;:; May 13, 1996 FaCSlmll~: '41bl.'6::""036 F;]c~lmll~. (ClO3) C>n1).Il'Ntl The Metropolitan Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario M3N 154 Attention: Don Prince Dear Sirs: RE: MTRCA Sale of Surplus Lands - Islington Avenue and Rutberford Road Our File No. 61.095 As requested I have reviewed the Agreements of Purcbasc and Sale that you forwarded to me on May 10 and below arc my comments on the three highest bids. I should point out at the outset that the value of the land is beyond the scope of my expertise and as usual I would expect that the Authority would be obtaining independent appraisal information from a qualified propeny appraiser. 1. SAM FRUSTAGUO IN TRUST This offer is the highest and is also the most straightforward. It follows the standard form that we had prepared with certain amendments that I do not consider significant. They have also added a number of clauses that should not be of concern to us; the most imponant of which is paragraph ll(b) on Page 2A which basically gives the purchaser 20 business days to satisfy itself as to the condition of the propeny and the intended use. lbis does not appear to be unreasonable to me and assuming the purchaser has the financial wherewithal to complete the transaction this offer, beside being the highest in terms of price is also the cleanest in terms of the offer. 2. FIELD GATE DEVELOPMENT AND CONSTRUcnON LTD., IN TRUST This offer approximately $1,000,000 less than the first offer and again the changes that it has made to the agreement are relatively minor, and subject to my comments below should not be of concern to us: (a) The description of the propeny excludes the "pond area outlined in blue". Unfortunately, my copy is a fax copy and [ am unable to determine if the area outlined in blue is within the 15 acres and what the acreage of that area is. Obviously this could impact adversely on the purchase price. AUTHORITY MEETING #4/96, May 31, 1996 A78 GARDINER, ROBERTS ., -. (b) Our standard agreement contained fairly broad restriction on use which has been deleted in its entirety and while perhaps the purcbasets elim;nation of this clause is understandable I would think that it could be handled in a fashion that would still protect the Authority.s interest without the restriction being deleted in its entirety . (c) Schedule A, paragraph l1(a) requires a daylight casement over certain adjoining land owned by you and in paragraph ll(b) there is an casement required to the pond for storm water management pUIpOSCS. I do not have enough particulars on this but I suspect that these arc not matters of significance. With both of the foregoing off CIS there arc some minor corrections that I would like to see made but they are not of such natUre that would lead me to believe that either of the bidders would object to them. 3. FATHER CLAUDIO MOSER, IN TRUsr This offer is also at the same price as the price offered by Fieldgare however, there are a great many conditions and guarantees imposed which would make me reluctant to accept the offer as submitted. The most salient of the concerns I have arc as follows: (a) By paragraph 2(b) if a soil test reveals unsatisfactory conditions, the Purchaser has the right to terminate the transaction, which is not unusual, however it goes on to provide that the Vendor will pay all legal, appraisal, consulting, architeaural and other fees incurred in connection with the planning. negotiations and municipal and other approvals. (b) The Purchaser also reserves the right, even if the testing results arc unsatisfactory to complete the tranSaction and require you to meet all standards required which means the costs of remedial work would be undenaken by you in accordance with a remediation plan acceptable to the Purchaser. . (c) There arc a whole host of warnmties and representations requested of you with regards to the environmental condition of the property and if given and found not to be true, the Purchaser has the right to complete the tranSaction and hold you responsible for all damages as a result of these representations and warranties not being true. As I have mentioned to you, I think these clauses are quite unreasonable and should be replaced by a simple condition giving the Purchaser a stipulated amount of time to do whatever tests it wishes and at the end of that time the Purchaser will accept the property as is or at its option terminate the transaction and receive back its deposit. AUTHORITY MEETING #4/96, May 31,1996 A79 GARDINER, ROBERTS 3. (d) By paragraph 7 of the agreement the Purchaser seems to contemplate that it will be entitled to enter the propcny and commence CODStIUaion prior to the closing date and I do not believe that this is acceptable. (e) In addition paragraph 8 allows the Purchaser to make requisitions almost up to the closing date and again this is not acceptable. (f) Paragraph 18 provides that the Purchaser is acquiring it to construct a mixed use development which means by that paragraph anything the Purchaser considers appropriate and this paragraph goes on to provide that the transaction is conditional until the closing date and that all requirements of the Planning Act for the proposed development will be satisfied, which, in effect, gives the Purchaser a free option to the end of 1996. (g) Paragraph 20 provides, if soil conditions are unsatisfactory and additional costs will be incurred. then the Purchaser may at any time up to the closing terminate the transaction. (h) Paragraph 21 requires you to pay a finders fee of 3% of the purchase price (approximately) which, with GST will be more than $35,000 which makes this offer worth less than the preceding offer. (i) Paragraph 25 contains a "right of first refusal" in favour of the Purchaser of your lands to the southeast. Unfonunately, it seems to be more than a right of first refusal in that it provides that if you are about to sell the lands the Purchaser will have a right to negotiate and establish a purchase price and while there is reference to appraisals there docs not appear to be any final mechanism for determining the price and there is also a provision that the negotiations are to be private and not conducted in a public form or process which would appear to remove even arbitration. In addition, I have some trouble in understanding how a public body could be expected to sell the lands other than through a public process. As you will gather from the foregoing, I would have difficulty in recommending that consideration would be given to this offer in its present form. AUTHORITY MEETING #4/96, May 31, 1996 A80 GARDINER, ROBERTS 4. I trust the foregoing will be of some assistance to you and if you have any questions, please do not hesitate to give me a call. Thank you. Y OUIS truly J G~ Robert C. Rossow Dircc: Une: (416) 865-6624 RCRJjif S:\61~ A81 AUTHORITY MEETING #4/96, May 31, 1996 '011 u" IN ~ !'ROWCI ~ WlTAIIICI AGREEMENT OF PURCHASE AND SALE . PUaCHAS!J\, SM mETAGLIO IN '1'EIJS'1' , .... Ie ..., from YDfDQI, ".. MllftlpDIiIaD Tar_.... ..,Ion c-,"__ ........,. ......p....... ..,..... 'ROPBRTYI PUIlIIl.DIl', (' ~ 7, ClIy of YIUPu. R..... a.cu.IcIp&III, 01 V.to ........ .S ..... _ ., AM. .iIua&e II 1M 1m 1M _... olllJil&cga A_, IIIIIIh oIllu1Woai1....... u ..._ Crill lluelled.. .... .... ~ . A . .lha PURCHASe PllIce ot: . 'IhU HILLIa. ONE HtJIDRm 'lIKl.5AID CANADIAN DOUA.U ($CAN 2 .100 , 000 .00 ) 1II.11h1r wiIh _,.ppIIcoIM 00IIde ~1~~ '~N~ VJ.~~ereaf. AI cI.....w... '" VIiIdoI". ...",.,or .. __ or I... .bID ., _. ....1'lIrcMM.......w ... ........ ., ......., u lho cue 1M)' b., .. 1M r... of S 140 I ooooopor aue, celcuJlllId IDIIu. d_llne' ,.... Vendor tD de11ver tD Purchaser within 30 ~s to .l.Gl1ng acceptance an ~tD-date survey confinnill9 !:be actual acreilge of the ltlperty . I. PUIlawEll.tbmila .illl.llI. Olfw',. of.... Purdlu. Price pe,e11I. b" .."ifllll cMopIe" .... Vendor .. I dcpo.i. 10 be h.... by il ,..tin, compllllOll or Gille, .CIIIlinuIoo ot Ihi, A.r_ ancIlO be cndl&ecl 00 \ .cc_ J.be PIorchae mce on clllllfllllllln; IIId 1. ..UROIASEk el'.' 10 pey Ihe belulCe 0' .10. Plarchue .rice by CMh or elltlfteot cllC4plO .. elolla, 10 lbc V5ll&lu. IUIIj""o '1III1dJlllIrDCDl' herOlA prawldccl. 3. (.) TlII, Alr_ i. ,ubjacllo 1M rollowinl c.ondlllolu, "'bicb Irl fo, Ibc bcacrll .r Vendor, lIcinl ,..lion", on or prior 10 lbe WOlin, of lhi. "UIIIIlioa: (i) l1li V.nIIor oblliAlnl 'ppIV'U at IU MIDlIIa, ot NIl\lrII R..owCOl penaIIllnlll 10 ,.Ulho PrapcftYi (ii) IU o'Ilr-- beille .."owlld II)'''' ea-tl.. Call1llllalo IIIlI M__n or.... VlIldor: (ili) . con._ .... b_ obla&olld pullUUlllo SKIllin 30 01 lbe Plualn. Aca, 1m, II Yerdor'. COli, ..._ condil....lIUdlIn. u..- or II ony COft4Il~ ... IlIKW In "" _n., lh.y .,. .....'.CoIOl)' 10 V_or. " by Ih. CIOIinl Dol. I..... coNlilio.. ... ... u,i.fllll, V.nd.r may....... lbe Cloem. D.I. by .....ic. 1;"1" 01 .ny lime up 10 Ih. Clo.lnl D... 10 PIlrcha.cr '0 Ill)' dol. .... ..... lbu D...lIlOor ) I, 1996<<..... -1M., CIOIi"1 O'IC'). II Ioy "" CI..... 0... or 1b.1Al.r Clo.iaa D.... .he.. COMIlIORI uc ...., IIliali,.j, Ihc ".po.ll ...Ilh 'Ollcreal .hall be ,caumcA 10 PIlrcboHr .... ...h of.1bc panl.. ....11 be ..Iuud from .11 01 .h.l, obll.Ulon. ....In. (tl) PIlrchucr KknowlodCCl il i. IOlcly nopoOlIll" for UI)' unouN. rwqulrod '0 bo pold 10 on)' Il\uniclpol or od..r co..nIIlI.nlll Illlhorily inoludlnl Iol ...i... d6v~ dIIrlell a. bulldlal pc""lI, or othu",i.. Ih.. may b. lMJ'lirod prior 10 aD)' Inlptovorlllllll or bulldl"I' belna _IIIK'''' lift Ihe PIOpert)' .,111 .uch .mauna. a" 1I011ac1uclol! in Iho P\irchuo Plie.. (c) hlrth.llr .hall und."aIl. on clo.inl UIlIlI thall '" I coadlUon of ;1011/11 fill VCDdor'. belDfil thai P\irchu., baa undc.lAkon II rollo",,, (i) '"reh...r .h.1I CONINC' II '" COIl .IorI, lha bound.I)' bel...n Ih. 'roport)' .... 1M ocI)o"'''1 P""P'''Y of VlIl40r . 6 1- bl..1I wlllYl ohalo IIAJt f... ~t:""'anb II I. Ill.. nonMlly bciot. CONlrue.... by Ventor II ill orh.. propenl.. wllhID IIlbI 01 lbe aaaq IIml reglstrauon of a Plan of SliJdlvision. 18 reqilltra1:ion of a Plan ot Subd1vlSion (ii) 'urch...r .h.1I ..wblieb .ilhln"- _Dlh. 0' I"-'m-~ ve,_lId buff.. .... of .pp.oauoMcl, 10 ........ .Id. on V_o,'. ,,",porlY ....... II.. P"poII)' Iloundery 0' lhe !'rop.") .nd I'" od;oiAin. "'OfIII'Y 0' II,. V....,." II Purcbe..r'. COl' CORllarlP, 01 . ......inalion 0' .11.. lIIIII .poel.. 0' DIU.. ....leU.. 0' pi.... _..lei Ie ICcOIdonc. .wllh .he 'ollo"UlI ,uicl.linao: 30,. .Juub.; )'~ buorOlll and 35.. collpor 1_' willie ndo 01 60.. COIIlre_ U1c140" cicci""".... ...i,h r.'pccI'o lIoc bu_ on4 call..r ""', .11 lit ICcordone. ...kI. . pI....1nl pl.n p..pored by I>Iarchu. .... cppr....ocIln wrlllnl by V....or. Neb .ppcovol .... III b. unreu_It., .i,I.".III: (iii) I'IIrc.....r ,hall con",'" ...lIh aU Mualclpal """iroallClII ro, .be Iirluro Ill. 01 lbe ProperlJ. (d) PIlrch.... lICkno...Ia:II" lhoJ \he T rulof.rlDuclIo lhe PrDf*'y ,hell cONI. nllricti.. 00....... ilia. will ".o.id. &I (ollu....: as residential single family m.re1lings or arti other (i) prohlb" ,he u.. 0' 1M p,o,..,., '01 OIl" f'Ull'DIc or uco Oilier ......... ua. _ DDDlIory ... V.ndor . oblocli... .NI wlll~h clo.. .. DClwoe\)' irnpecl Vondor', odJoWnllon4a. .../2 AUTHORITY MEETING #4/96, May 31, 1996 A82 2. (II) - - -..... ...,.., wiII_........ 10 ClIIIf .. VcadIf'. Id)ollilla JII'lIPMJ ..... &M wrIIIM _., 1M It..... 11 .... ~ (Iii) - 11-.. ialpI~ or ""-1opIaaII1bIII '" ponaIIIIlI .. 1M ''''''' ...... .- _it Pu.Uu. .... nr.: (A) _lid II r- WM:t ....,. ... lilt '- II III aII& ...., .... ......, "'_Il1o ....,...,. 1M... ~ ...,..., .,... V........ ........ AI 11 ..... --u, .... _rWIIId ~ V..... ,., ill ....., """"'1 (B) CIIaWiaIIcd a va......... _., ~ 10.ua ...... Va4!w'. Ill...... JIftIIIM)' .... ... ~ 01... ......., .... Iba ad}oillooll JIfOPIft, 01 Iba Vudar -u.... ., a I_~ '-~_ of Iiau MIl .,.... 0' ....... ..oria_ 01 .... .....w ia ___ willa 1M folio-. JUkW-: ]0" IhND&; 35" ......... ,,,, GIIipIr... "*". fIIIa at 150" -""'- aM 40. -..-. WlIII..,....... __........ _. aM Ia Mn, ".- .Idl . · plUdlal pIuI pnpand by I'IJrcbaler Ulli lfIP'o,," III wd&Aq b, "MiD., IUCtI .ppro..a1 - 10 bo ---w, wilhbtld; (C) P\an:..... hili IIIWIad V... iI will en., lIIa $-.... .... MIJIII'_ "'--1 (0) -,lcUd WI 1fChMo1o.1cI1 1a_1..._ ... carry JJUl l1l)I mIlI,lll... &C~ .....~ 10 V...... No&.ith.lUlIlan, Ilia work .....rod 10 ill .... IA), (8), (e) 0Ild (0) ..... bu IlIlI .... COmplel.... P\an:hulf ma)' __ -rucaioD 0' 1tNOJl\.... IIDfI'O"- 0. ct.nlapnall U II hu finl pro..1ded MQUt\)' lbr lbe cIolD, of IIOdI .Glk .e&IOlIObll' ...IIIICIO." 10 Voado., not l.n arrj event tD excl!lll1 the reasonable a)St of aUd\ wen. 4. PURCHASER a,nMlhIllbiI OII'er .han be 1,.."...10 by him lIDlillJ:511 p.m. 00 Iba 4Jb 0)' 01 J.... 1996 all.- .bidI...... U 00& -rud. I.IuI 01'1'" .a.u be IIIliJ IIIlI ..old IUId lIoe Oepotll abaIl be ....... 10 PIuUu.. ...,,~.~ 1111. dldl&cuolJ, tccJether w1tn Ulterest as here.lll plOV1dect.. ,. l1DS "'1'_. "}eel 10 "'.'Rpb l(.). .ball be compIIrad DO I"" 16lll My 01 SeplcaMr. 15'96 (.CLot... Du..). Upoft COIIlpIct_. ..acUl& JIOII,uloo ot &be plllpen, IOaiI be .......10 1'IanlMeat. 6. PURCIIASER aIIaIl be allo.1II UlllII ,:00 p.m. OIIl11a III da)' of Aupul, 1996 (R..i&aa D...) 10 ..amIIIa &be Ii&IIIO UIII"ropen)' 11Il1o 0." ..p'..... 7. VfNDOR ... hrcbu.r ..... lhar Ihua it lID QIldIllaIl. e.pra. or 11IIpl1ld. .-,...eolatIoo or wOltlilll)' 01 UI1 kIJld tlla& lho IImrrc lalcndcd UII 0' IlIe '.ope", b)' Plarallulf I. 0. wW ho ".&1. I. PURCIWER ackIlowledCCl ba..iII. wf'"IIlIlbo Propert, prior 10 1IIilrallI1aC lIu. Olf.r and 1IrIlI..1WId. lhaI ufDllbo V.... KCIplIJlI thb OK" u....1ilaII II. . biftdJ.. 'S,,'cn_ 0' p1.cllae. ODd Ale bolw_ l'llmaucr ~ VIIIdor ue:llbe Pur dIll.. "'_10 ICUplllle r'Opl")l1I Ie IIId 1Ctrto..1...... lhallbo I'Irrchu., hat Oorle ill 0"'" IUIIIrld no cleanu will be IlII4a In CQIlIIKlIOD wllb-II. CII...roan.MaI CODdltioa oIlbo.-. P. PtlRCHASEa .hallllOl call 10' lbe p.oduoliOD 01 III' tide clMd, Ilmnct. .",., ., DIbe, .v.... 011111. 10 II. P"'tJIft)' n.. aucb II ... in UtI paliN' loa 0' COJlIrol 01 VerJdo.. V"" ..._1baI be.W cIIIi.... M)' IkIIcb or ~II)' of tho 'nlflCft)' . bII pa...._ or lIIIIbiD IlII COIllmllo I'IIrchull II .ooa .. pou1l>l. ud p.lOr 10 Ilia Iu& 0' aIlo.... '0' ...nIlAlnSluM. 10. raOV1DlD IlIall"" Iillllo lbe 'rope"".. pod IIIlI r... rllllll .11 ...illlled ,utrtctloQa. cbu.... 1Iau. IIIlI .llCwne.anc.. .'C'JII u OIhe...IM 'peclllcall)' plowldld Ia lItII ^._cm IIIlI ..... 0Ild .1CCfC '0.: (a) MJ' ...leI.,... ....,~ 0. co.._. thaa Nfl .1Ib Iba Propen)' JIIo..WinJ IW ouch ... _pllorl -lilt; (b) IG1 ..,......... dlUftlclpal...- ...s r.......1Id If_' ..llh plII.boIY ........... lIlibtlM ........U1. ruob ho.. bean C'OCflJIbed "'l1li. Of -111111 1Ia. bo... palled 10 ....... complllrlC' ...s -..plcl...j II ...I4IM... II)' . 1.11., t._ tIIa ..1...Ult _lci,..11I1 Dr "'111&104 1IIU,11i (.) UI)' mIno, Ia_' lrH lhe 1IIflpl, of 0-.110 lIltlll)l 0' Id........ 1.",Ie.. I. tIte P'DpC.I)I 0' "';..:.nr pral""lN; ud (4) UlY _. 10' ...._.., IlOna or .millt)' Ie...., plbUc IIl11ity IUIC.. lelepbo.. liRe., calla. lIla"1I10D 1_ 0' orbat .....ic.. wbldo do _ _riell, .Hca Ihc ......... .... Gllha '.openy. U wltltla tho .pactn... 1'-' fll...... 10 Irt plral.aph 6 ea, ..alid Mjocllon 10 IIlIo 0, 10 UI)' 0IIl11llacl.... _clpcl .oIk 0111.. 0' de&~ MIl... It lllIclo III _",In, 10 Vwo, uod ."iell V.... i. ........ 0, 1I0willlll. 10 '-.'. ........)1.. '''"f)' IIIlI -bi.h PIr,dauer will ""I wal.... lbiJ "'I-melll norlllilholud... an, iftranaIdIet. KI. 0' JII.olletione In ...paIl ., ruch obJc.ctrou. obaU II. AI .. end and e111l......... Iherc&ftton pud Iball 1M ._mad .IIIIG'" 11lI...1 a. dldudloa ead V IIlcIor .hell not ... Iiebl. tor .flY COlli'" dame.... J.... AI 10 en, ...IW obiacrlaa .0 ~. by IIIOlt lI.J' ... ....,. 'If WlY obJlCUOn coin. 10 tIIa .001 0' th. hll.. l'Ir.chucr .balI... COJIC.......aIy "-Id III he.. -.,.... V....... 111" 10 I_ Propaft)'. . . ./2A A83 AUTHORITY MEETING #4/96, May 31, 1996 - 2A- 11. lal It is agreed that the sum payable as a Deposit hereunder shall be paid by certified cneque drawn on a Canadian cnanarad blnk. and shall be held In Uust by the Vendor's Solicitor pending complelion or other termination of this Agreement, and the amount of such Deposit shall. on the completion of this transaction be credited on account of the Purchase Price. The Vendor snail be responsible for III costs and expenses related to the Property prior to the Closing of this transaction. The panies agree that the Vendor's solicitor shall forthwith upon receipt of the Deposit. referred to in Paragraph 1 above, invest same in an interest bearing tarm daposit or certificate with a Canadian chanered bank or trust company. and the intarest earned thereon shall be paid to the Purchaser on Closing: provided that in the event this Agreement is not completed for any reason which would entitle the Purchaser to the return at the Deposit under this Agreement, the accrued interest on such Deposit shall be paid to the Purchaser, together with the Deposit. fonhwith without panalty or deduction. and provided that in the event this Agreement is not completed for any reason which would entitle the Vendor to retain the Deposit under this Agreement, the accrued interest on such Deposit shall be retained by the Vendor. together with the Deposit. Ibl Purchaser's Condition. The obligation of tha Purchaser to complete this transaction is conditional upon satisfaction. in the sole discretion of the Purchaser. or waiver. as the case may be. of the following condition within a period of twenty 1201 Business Days lexcluding Saturday, Sunday and Statutory Holidaysl trom the date of acceptance hereof (the "Condition Period"l. namely. that the Purchaser shall have satisfied itself as to the condition of the Property in every respect and from every perspective, including the intended use thereol by the Purchaser. Icl Satisfaction. Waiver or Terminetion . The condition set forth in Subparagraph 11lbl hereof has been Inserted for the sole benefit of the Purchaser and may be waived by the Purchaser at any time prior to the end of the Condition Period. The Agreement constituted on accaptance of this Offer may be tarminated by the Purchaser in the evant that such condition is not satisfied. or waived on or before the end of the Condition Period. Any such termination shall be effective upon the written communication thereol to the Vendor end its solicitor on or before the end of the Condition Period. On such termination the Deposit. shall be returned to the Purchaser together with interest thereon as hereinbefore providad and without deduction. and the parties shall be of no further obligation. one to the other hereunder, save lor the Purchaser'S obligation set forth In Subparagraph 11lcl hereof. In the event the Purchaser has not advised the Vendor and its soliCitor with respect to the satisfaction, or waiver of such condition within the time so limited. the Purchaser shall be daemed to have waived such condition. Id) Insoection! - Within three 13) Business Days of the Acceptence Dale, and thereafter on request, the Vendor shall provide the Purchaser or its agents with reasonable access to the Lands, Irom time to time, in ordar that the Purchaser or its agents may conduct such inspections and tests as the Purchaser or its agents may deem necessary, subject to entry upon reasonable notice end at reasonable times so as to avoid. and miOlmize in any event disruption to occupants1ind users ot the Lands. The Vendor ecknowledges that the Purcheser may underteke environmental audit. enquiries In respect 01 the Lands, including soil tests and the drilling of bore holes. All such investigallons and tests shall be undertaken solely at the expense of the Purchaser, and the Purchaser shall indemnify and save harmless the Vendor in'respect thereto. including without limitation payment by the Purchaser 01 all accounts for services in respect thereto. and the Purchaser shall reasonably reinstate any affected lands. In the event the Purchaser shall not proceed with this transaction for any reason whatsoever it shall provide the Vendor with copies of all such materials and reports Obtained in respect to such investigations. lei Authorilation - Within three 131 Business Days of request therefor by the Purchaser, the Vendor shell prOVide the Purchaser with such written authorizations .../28 AUTHORITY MEETING #4/96, May 31, 1996 A84 .28- and consents as may be reesonably required by 1M PurchUer In ordar 10 undanak. due diligence enquines with respect to the Propany. The Vendor hereby consen.. to the munlclpalny, regIOnal municipality local fir. dapenment and any other epplicable Authorities releaSing to the Purchaser details of all outstanding mUnicipal work orders, defiCiency notices or fira directives affecting the Propeny, Should the Purchesar ascenain that any such work orders or directives exist, it shaD immediately provide a copy thereof to the Vendor. (f) I!I!!!Ia - All notices, demands and payment. required or permlned to be given hereunder shen be In wntlng and nwy be dellvared personally, sant by facsimile or may ba forwarded by first cia.. prepaid regIStered mail to the addresses let forth below. Any notice mailed as aforasaid IhaII be deemed to hava been given and received on the expiration of four 14) Buameaa Days after It Is posted. If transmatted by telecopier, IIny such notice shall be deemed to heve bean givan on tha slime day (if a Business Dayl on which the notice was transmitted, unless transmitted efter 4:30 p.m. or on a non-Busmess Day, in which case notice shall be deemed to have been given on the IIrst Busmess Day follOWing that on which it wel trensmltted end .1 dehvered personally, IIny such notice shall heve been deemed to have been given on the day of delivery, addressed as follows: to the Vendor at: With a copy to: MTRCA 5 Shoreham Dnve Downsview, Ontario M3N 1 S4 Telephone: 14161 661-6600 Telelax: 14161 661-6896 to the Purchaser lit: With a copy to: Sam Frustaglio In Trust Forest Green Homes Law Offices of Harvey Freedman 5332 Highway No.7 79 Shuter Sueet 2nd Floor Sulta 1 00 Woodbndge. Ontario Toronto. Ontario L4L 1 TJ M5B 1 B3 Auentlon: Sam Frustaglio Anention: Harvey Freadman Telephone: (9051 850-8500 Talephone: 14161 363.1737 Telefax: 19051 850.8503 Telafax: 14161 861-9919 provided that any pany shall be entitled to designate another address for lervlce in Ontano by giVing notice thereol to the other party In accordence with the terms hereof. (g) The Vendor acknowledges and agrees that the Purchaser shall have the right to assign thiS Agreement at any time prior to ClOSing upon giving to the Vendor or its solicitors wntten notice thereof and upon its so doing and upon the assignee agreeing in writing to fully assume the Purchaser' 5 obligations hereunder. the Purchaser named herein shall be released and relieved of any further liability hereunder. Ihl Purchaser warrants that it will on clOSing dete be a Registrant under the applicable G.S.T. leglslallon. Purchaser agre.s to produce to the Vendor on ClOSing, eVidence that Purchaser or Its ASSignee lif eppllcablells on ClOSIng registered pursuant .../2C A85 AUTHORITY MEETING #4/96, May 31, 1996 - 2C- to the relevant Ilgillation governing the fedual Goods and Service. Tax. and the Purchaser undertakes to file the Ippllcable o.S.T. form after Closing, and the Purchase' agr... to deliver on Closing . StIMory Oeclafation ene.ting to it. rupectIVe G.S. T. registration number, feWnV which the partla. acknowledga that the Purcha.er will be obliged thlreefter to remit the rllevant Goods and Service. T ex end shall indemnify and save the Vendor harmles. from any G.S.T., penalty, interest or other amounts which may be payable by or unsaed aVllnst the Vendor es a result of this .ele. -- AUTHORITY MEETING #4/96, May 31, 1996 A86 3. II.A noVIDID.. .... A....... ... ... ....... _ _ ....... .IM ...,..., ..., If 1M ~ ....... _01 ".._.. I~ ''--f.ea. I. _ -... wlIII" y...., _... ___ I _.111_ 11. VINI.. ........... ..... II ...... lie _ . _ r ~ II CIIIIM ..... ... --. II......., n.. Acr _ ... C...... 0.. 13 ANY nU}' ...... IoaI iaIpfovuaqI.... .... ... ........... lid......... day" IT f II'IN (\lID. .., ...1118". apponaoead 18 ~ '4. THE T r....'..1Deed ....... eav, ,or.... I..uId T _," Tn AIfidIwilI. ... ........ .. ......... .... .. I'" ...... 01 v..... The T...m/~... ........ _ ,. ..1IIaII-ua.... __ _...,...... by cMaa SOCU) 01 aile ,...."., .ca, IttO. IS. T1M& .... Ia.a ....... be 01.... _ ......, ......... ..... ... .... ,. ...... ., .......... .. ..., _., ......1oIlII1e' he,.1n _, lie ......... or all"''''' II, .. ..._. ....... ........." v..... ..... PIuc....., .. by \hQr -peel.... lIOJIellDl' wllo ... ....., Npr_" .,......, Ia lIIII r..DIIL 16. ANy....... 0' nolica. Mellll_ 0' _, ........, _, be.......,.. v...., or PIucII&t., 0' ''''1, _peaa.. ooIicaon. ....., _, ... ImMnd ..,. bant clteA or dMepac ..,If... ..,. ...~ I w".not a....a or Provlna. 0' Oolario S".I' Otrlce. 17. TillS ApscraeN includin, echUtlu lIIIIICt.d hoMo ....,. ___.... dUe .._ ba_ 1M I'II,e._, .l1li V &Ado.. n..,. It 110 ,.pr..-.... ....._y, co1IDIa.a1 ',r_ or .I11III..... ........, dlrac. or LolI..c,.., 0' "1"." or lIapll.w. which Urduced ."1 1'''1, ....uo 10 IIlICt 1Il1O IW. "'._ 0' on ..,",It I.""," II pIaUd by uay _b pen" or which .If.... .ltll "'1'_ o. ,be P.oput,.r 1U1'PO"'" \lerlby ..be, IIIIrn u upwal h...III. I.... Alr.anuM obaIlbe rl&ll .IIh III "III.... of ,ende, or IIIIIIlbet loqulrod by Ih. ........L ... IhI ....111 of conlItcl bel..._ I"o"lelcoft -rl"lII or .,,... In 11Ii. .,_ ud 111'1 p....lalon In .he pnarod fD"- h.root' ,he wnllCn .. "pc4 ",0"..1oa ebaII ...,... ... !'lIMed pro"lI.... 10 .... ut_ 0' IlICb .onIhel. DATED 1& Woc::d)ridqe ,11IU 5ICNED, ~D AND DELlVUED ) ~..., J .~_._~ . ) ~lII'cau"l ) ) --) ) lDaI.1 lr..cbMlrl TIlE UNDERSIGNED DCee)ll' lhe allOf. alter. , IN WlTHESS ........'V.ndor.... her_ ..1C&IICd IIrIa A,r~. ) THE METROl'OlJT4N TOROHrO AND UCION I CONIIRVATIOH "lITHo.an ) ) .--- I 1'.: (Du.) ) ) I Pin __ ____ ) ) w. "'''.lIIIbonl'1 10 Wnd 1M CorpaaaiDa A87 AUTHORITY MEETING #4/96, May 31, 1996 ~ IIW. KIulowWp ,... 01 , ..... "'PI ., '* -..pled A..-.a 01 f'IIrcMte ... W. .... .......... ,. con ,. '- r_UfMd 10 ...,1..., IOioIIer (V....) (DIlle) (Veador) (DtIt) (Due) y -'or', AddruI twa.a', AdltIuI ...... .--- T........ Ne. T..,.... He. ---.... - - Vwdor', ScIlica1er f'UIdlMar'. SelIollor On . ~ _. .. ScIlicllur', Add.., SoUellot'. Mdrwa T....... He. T~ND. AUTHORITY MEETING #4/96, May 31, 1996 A88 ~ ...- ~ \ .... - -' ; . i I .. , 0 i \' 1 ~ ~ ) 1 \~ i i - ( . ~.:: \ \ ~ i I ~ A. ,-' A...--. . .:. :'(';' , ~r \e : I l \ I 'HI .--"--1 · \ . ~. .. 0 ,. '\ \ ~( ~! . . . \ \ Ie; ') I.'. f ~ . i \ \ · IJ ; . : \ ~~. '.\~. ~ .J \ ~.- \.)' . ...A~ ~ .~., 4. /. ' /" ~ ~ q :r AUTHORITY MEETING #4/96, May 31, 1996 A89 AGREEMENT OF PURCHASE AND SALE . PUaCHAsa PIEl.DCAT! D!YnOP!'f!NT AND CONSTRUCTION LTD.. IN TRUST..... -1Iur "- VENDoR. n. ~ T_ aad R.p. C-VuiaD AuIIloriIy. ~ _..... ltae fDlIMraa, PROPERTY: PM 0( I.a& IS, ,. _7. Cjry 01 V.... Rat.. ~ oIYOIt, -~"'''tIIS _. _ _ .... ....... If .... - cba - .... 0I1a1iftc1on A_. ..... 01 Rudwia.d Ra.d .. M ... _ hMdl.d on Ih. .aaca.d Schedule excJ&i for the~ond ~re. outlIned In blue . . A ./.. ... C'HASE PRJ E of. ONE HILLIQN. ONE HUNDRED & TWENTY-FIVE THOUSAND------_______ CANADIAN DOLlARS /SCAN 1 '''0; 000 00 llOJtlher ....u..., applicable Good. Md Smt_ Tn. "....,.a 01... Pro,.,,)' M ~ by VeIMior'l lU",ey.... II -- or ....lilu 1.5 acna. Ih. Plarcbu. Pnca ehaJJ h. UlCI'UMd CN' a.c.-..l. M ... - -y be. .. ... .... of S 2L 000 . Oq., ..:,.. calculaaed to Illr. dec-.t pIaca. . \. PVRCIUSER JUbmu wllh IhaI Offer ,,. otlbe ""rcbue Pncc pay.w. by canllied cbeque 10 !he V&Qdor AI a dcpolu 10 be heloJ by II pendUl, compla_ or OIber le~_ oIll1al A.r~ Md 10 b. credlled 00 -- of !he Purcbale Pncw nn '''"'PIclIOG. Md 2. PURCI1ASER _.rea 10 pa)' the bAlance o{ lhe ""rchuc Pnce by caala or cenifioJ chcqaao OD clOIIII, 10 Ihc V cador subJeCI 10 !be ad JWlmenu herem JII'llYIdod. 3. (a) nu. Alrccmenl .. subjecl to lhe {olIoWIA. coedlllOlll. wluch are (or lho benelil o( Veador. belAl ....stied on or pnor 10 lho CIOlIll. o{ lhaI U"'.UCl_: Ii) &he V codor oOuUWI, 'ppro"a1 o( tho Mw..er 01 Nw,.j Reaourca pcl"IIIIIIlAl II 10 leU !he Propeny . (ii) l!w A,r_ belA, appro.ed by !he Ea_.". C_ aad Memben o(lbe Veador; (iii) a co....na bel been oblamed punuaaa 10 5":11Oft SO o( lhe PI_. Act. 1990, 01 Venda, , C06l. ...llilow cllhl.""", AIIadaan.lhuGo 0' "Aft) <ond."ocu .... OI'ecl>o.l 10 .IN co....na. IlNy ..e la".,-.:,ory 10 V..ndor. . or Pu~~eC If by lho CIOIIIIS nOlc lbele condlllOlll ... _ IIIWlcd. VClldo"~ ca. Ioallll Dale by -- lI"en al ...y lunc up 10 lbe CIOIUI, Dale 10 ""n:hueo'lII1in~ 'liar laaer lbao Daccmber 31. 1996 (lbe 'lMu CIOIIII, Dalc'). If by Iho CIOIan. D_ or lIa. lMer CIoIIAI Dale, Ihue condaa_ .... 001 Iallltied. the dCpOIlI Wllh ""erm lball be n,c\lnaod to ""rchuer and cacla of Ibe put... lball bereleucd(rGIII~lIo(lheuobhlallCllllbenIlA. Vendor to use Us best efforts to comply with .11 of the condltlons on or befure cl081n8. (h) P\m:hucr ad.nowledla II II .olely rAlponaible (or any -. required 10 be paid 10 auy IDUlllClpal or OIher lo"emmcnlal awhonly ancludllll Iol le".AI. devclopmcna char... or b...ldlAe pemu.. or ocherw'le lhal INY be required pnor to Aft)' Impro"~1 or buildinll belne CORIINCted 011 lhe Propeny and luch unounll are IlOl I/lCIu.IoJ In Ih.. l'urcha.e Pnce. (e) Plarehue.r .hall undenate on clo'UaI and il ,hall be a condil_ o( cloain. (or Vendor', beaelillha& Pun:.haacr Iuu unde"'''", .. (ollow,: Ii) Purclau.r ,ball CORIINCl at III Coal aIon. lIa. bouedary between !he Propeny and !he -.lJOUUIl, property of Vando, a 6 (00( blaclt vUI)'I daaua link f.....,e '0 !be a&andania .. .. I..... nonnally bean. ........NCacd by VCftlg, al III 01".. ptopan... wlIh,n III n.oadll of IDe Clolanl Due; . (b") Pure""" oball utabliah WllhiD "' moadu ollila Closinc D..e velClUed bull'er ..... a( appro' _..I)' 10 ..... ra wade .... V endo,'1 """",,,y aIon. II.. propo"y bouadary of Iho Pro,..,,)' _nOI IIN adJouunl propen)' o( lbe VcnrJo, 01 Phrchaa.,', COIl COOIutlDl of a comblnaalOG o( I~" and 1,,"_ of nall"e v....._ of plana ......nal in acconiaace wllb lbe (ollowIRe "'.....h....: 30" IhNbl; 3S,. barerOOl Md 3S,. cahpar I.... with a ruio of 60,. coni{e.-a and 40,. decuJuOUl. "'"h rel,,"1 10 the barcrOOl ...... cabper Irca. .11 III acconJance w.h . pJanllAl plen prepared by Purchuer ...... 'ppr.."cd In ...rlllQ, by V enolor. .uch appro"a1 IlOl to be UMeuonably wllhheld: (ui) f'IIrchucr 11..11 comply wllh .11 MunICipal r~i,CIDCIlI' (or lho Mure 11M o( lhe Prope"y. f/ (d) l'urclauer acknowlca.IS..1hal1ho Tranl(er/Deed 10 Ibe P,oplfty shell conaain rUlricti". CO,,_.lhat w,lI provide.. (ollows: . Ii) ~taIUII(XIt4C~Jel~JifIlXD~JldWUdI~nM.Y1Mll(~ ~~li.iI"'U~""'I~~uplx.lll'~J(lf.lIUit~1l.lW< AUTHORITY MEETING #4/96, May 31, 1996 A90 2- (iI) - __.... '- ilia ~ will.......... __ _ v...... ~ ......, lIIIieu 1M ...... c-.. 01... v.... iI finI ~ (lU) - 1INCIlIIW, impflw..... - a. . IT ...... . ........ _ ... ........, uIu.I .. '*" PIudlu<< 11M 1inI: fA) _NCMd 6 r- w.ct "1 cMia &.k r- II ill _ .... It. bauMuy __IN ~ -' ... -.lJOUIIII, ~ 01 u.. Yeador 01... IIUIIWG .. .. lhat -.maIly bevl. CGIIIlnM:I-.I by Ycaaor fw .. ClIIIu fI"lfIU'MI. /111 e'labliah.i a "''--.1 bulre,.... of approa....., 10 _ra .ide aa Vaaao,'. ....""""" pnopmy ... u..........., 01 u.. Prop.ny .... Ibe -.I/O""'" ,...,-ny 0; Iftc Vendo, Conalll.. 01 a COIIIDuw_ 01 .1Ia aad 1flK- of All,'" ..na_ o( piaIII maI.nII. ...r-'IK. WUIlIbe (oUowoa. ~. 30" ahNbs: lS" __ aad 3S" caIIpor _ wIIb a ... 0160" CON(.,... and 40~ ddclduo&u. wIIIllapICI '" lb. t.u...- _ caUp.' I,.... all &II ,""conla"". wllh a planulI' plan prepared by Pwchuc, aad 1fIPIO"-.I oa wnllll, by V&ftI1of. auch appro"al IlOl 10 be l&IIICAaOAIbly wllhbrld; (e) Purchau, has lAu.tiod Vando, " ..011 oaIy .... Sionnwlla, Bal M....S.....'" PrKllca; (Ol complded III uchaeolo,lcaI ID"CIlI.UlOII aad cany 0Ul Illy lIIIlI,UI"c adlOD .ul.ieaory 10 V cado,. NOIwllhaWldiaS lbe won: ,afatr'ed 10 ID _ (AI. CBl. (e) aad (Ol above baa 0<11 buo comp"ed. Pu,chaser ally "".......O("c COIIIINCI_ 01 IInICIII,U. lIIIfI""'-- or dn~ Ii 1& has finI fl"I"idcd --.ry (or Iho dooq of IUCil won: ,caaoGably IAllafKlory lO V Indo,. 4 PURCIlASER esna thai UIII Offc, .hall be lITI"oc:abIa by hw 1111111 11:59 p.a. aD ... 41b day of JIIIIll. 1996 aIIu wluch 1II1II. of ncI "'"Pod. UIII 011'", .I..JI be ...11 and yoaol ..... lbe dapoall ahall be raaol1led 10 P'"cbuar ..nhow I.OICl'CII or dcdYcllon 5. nos Aar-. JIIb}ea 10 para.,apb 3(al. .bell be COlDpIc&eoI 00 Ihe 16Ih day of Scpcmbcr. 1996 ('Clo'lIIl OaIe'I. Upoo cCIIIIfIlcuon. "Kanl po.....,OG o( IU. ptopeny .hall be ""10'" f'Iucbuu. 6. PURCIASER shan be allowed 110111 5:00 p.m. OQ lhe Ial day of Aul"ll. 1996 11l......i1ioo DuallO UUIIIIIO ... lIIIe 10 1M Prapeft)' U bu OWII capellla. 7. VENDOR aal PIIn:taMt .". lhaIlhc", UIlO coaditicnl. capr... or lIIlpliod. rcpraeallllOIl 0' ..unary of Illy kiIId thallbo fulute IDlcodeol ..... of lbe Propeny by Pun:huc, .. 0' will be IawM. a. PURCIlASER KkDowlcdSca ha"ia, UIIpcclad lhe Propcny pnor 10 aubllllllia, lbia Offer &ad W1den&aad. lbaa IIpllD \be VIIldor ~ UIII Off.... there .hall be a bvIdia. ..r_ or p1ucbaaa aad .... bcaWCClll PIltchaaer aal Vendo, ....Ihe Pwchuu a.reca 10 ~ the Propeny AI II aad KUloWIod... thai ... Purcbuu baa done III _0 I.... aad 110 cWma will be made ID CClNlCCUOD with lhe Cft"uonm,,1IIII ~illOIl oIlhe prazuaca. 9. PtJRCllASER ahellllOl call ror aM produclicnl or 1II)I11I1e deed. ehalnct. lIIfYay or GIber CYidcaca of litle 10 \be Propaty uccpI _h.. UCII11Ihe pones.1OII or c_,oI of Vendor. Vendor a.r"'lhaI M wiD deb"., any abIdI or aarwy oIlhc Prop:ny III bia poucauon w wilbaa bia COdlOllO Purchuc, &I 100II AI pouibla aad pna' 101M lu& day allowed for eaanun",. lille. . \ 10. PROVIDED IbIIlbe litle 101M Property is &ODd aod fta (rOlD all ...isIand rcalricl_. cu..... u.... and IIICIIIDbraoca uCClfII .. 1IIbe".,... .pccilically provided 1111l1li A,,_ aad ..". aod ClICClfII (or. (a) lilY .......... _ricuooa '" covcnan&a IhaI NIl witb 1M Property f"'O"idlD, IbII aucb .... complied witb; (h) lilY ",.iaIarod 1IIIIDicapaI.,recrncIIU and rellllared a.r_ wuh poblicly ,a...wad lIIilit... f"'Ovidia, _b ban '- c.ompIiod WIIh. or aar;unly has bocn pawed 10 _ coanpl\llllCa and cOGlpld_ AI a"odcncod by a 1c&I., (rom the reIn_ municlpal..y 0' r.pLucd 1I111i1y; (cl any lIIIIlO' .....menu for lite aupply o( ~IC lIIilily 0' Ielepboae ..",lCU 10 lhe Propeny 0' adja<:elll propentc.; and (dl &IIY -..II (0' d,.....le. __ 0' aaouary ...,.... poblic IIllliry linea. tal.pltol\Cl liMa. cable 1.1,,""I0Il line. 0' oIbe, ..",1CClI wluch do not _.nelly effecl lhe prescnl ilia o( lbe Propeny. II w"1uII lite .peclr... 1_ referred 10 III para.raph 6 any "aIid obJodlOlllll IIlIe 01 10 ...y ....1..andiaS muaictpel work onla, w .JcflCtcDCy 0<11_. is auode III Wnllll, 10 Vcodo, aad wlucb Vondo, is llaable 0' IIIIwIII",. 10 rllllO"". rClnady 0' ..isly ..... wltich PIltchuc, will noI waive. lbu A..-n... ncIwllhaaandia. ...y Intermediatl KU or ""oIlUlOIII ID r..peel of IIICb obJ"tlOlll. .ball be .. ... end ..... ut,,,,,,,,, ""'rao(o,e pu:I .hall be rc&lIrncd wllhow IIIIcrCII 01 detlucllOn ead V cndor .bell noI ba habla ror .oy COil' or dan...... Sa"a AI 10 Illy weltd obJCCltoll 10 made by IlICh day and eaccpl ro, ...y obJOCllOll com. 10 lhe rOOl o( II.. 11I1e. Pur.hase, .hall be cllllO.lllllvely deemed 10 he"l ICCCpled Vendo,', lule (1/. - IOlbe Property. . A91 AUTHORITY MEETING #4/96, May 31, 1996 !. . II. ..OYIDID IMIlIIia A..-. ............ __ _ ..... '-... ...,..,..., II... ~ -rot ~ 0/ aa.. ,......,.... 1910 _..... ......, v..... _ or beIan " -. 11- VEHDOIl..- daM. .w.. - . _ v .. elCa.ada .... aM -. 0/'" ~ TIU An_ ... aou., Dale. I]. AN\' ,...., au... Ioc:aJ iIDp.__ . ..... ...... "llfIfIOI'iMad ud allowtd &0 eM ., 01 ~_ (1M day ilaaJllO be ~ IO~. '" TIlE T,_f.../n-i thall, ..... _It.. LM.t T......, Taa "tIida..... be ,.,.,..... '" ",lIIraDlo (onn .. 1"- ....... of "endor. n.. T-w_ID..t 10 be G.Iav...u 00 compIea_ .11 c-.an IIN SIaI_' COIIIemplueJ by clMaM ~n) 0I11Ie ,.~, ""'I. 1990. 15 nAtE aIIlIII ia aD ,.,... - 01 u. -. __ prawid.d II... .... ._ (or doIa. 01 ~"'. or AD)' .....1.' poaw-'-' (M hu.Ul ma)' be .ucnded M .orid.... by aD ..,....- '" w"''''. ...-' b)' v......., ..... PI..'~'.._r or by an." rupal:llwe aoI":IL,U' ...110 ar. Der.lI)'......1 1fIfl'IUIl.u lIS IIlu ,........ '6. ANV I......' o( .-IC... documeau or -, bu""",,-, ilia)' be maoU UfIOII V...Jo, 0' P'""hue, 0' .he" ..,..,..... aoIic:_ Mona) ma)' be~.-i b)' loaM. .ual'l 01 c"-4- UII'IicoJ by . Schaiulo I ,lIan..,coJ ba.... 0' P,ow"," o( On&ano Sa"III" Olfica. 17 nits ".- -Ju.J.ac ~haluIaa _had ha.o ahUI__. lbe ."ur. ,,'Ccmctll bcaweca lbe PI..,chaacr .Ad V CIlGo,. Tb.,c " no "pr---. ..........y. 'oIlaa....' ..,cctI>aGl 01 ;:0""'"011. "'.....n.r """"lor coll.leral. 0' .."'.... 0, IIDph.-i. ...bleb IIIlkKAi M)' pan)' l..,ao 10 cNc, IDlO llu. ^,'CCm&lll 0' Oil ",h..n ..Iaanca \I ~ by 1ft)' such put)'. 01 wNch .ffCOCIlIIlu ^.,...._ 0' lbe Prapony 0' .upponc.l "",cby OIl1ar INn u capnucd be'Clft. Tnll ^.,_ .hal' be ,ead "'lIh eU cbaa... o{ .ende, 0' nun_, '..q.ured by IIIe __Ii. In lbo e_ oi ConlllCl ....-11 prD""- W,UlCA 0, Iy~ '" IIlu ..'.......Ill and My 1"0""'011 .n Ihe pnlllCd poIIlOR hcnGf UlIO wnucn OIly~ pro".._ .bell "'pa,ude lbe pnIIlod prO""_ 10 1Ilol ell.... o{ luch ~icl. 18. Schedule. "A" and "s" attached hereto for'lll part of th18 Agreelllent oi Purcha.e and Sale. DATED II North York . IbY ....!!!'da)' o{ Hay . 19 ~ SIGNED. SEALED AND DEU\'ERED ) IN WJ11IlESS ",he,...f I ha". ha,.....o ... III)' head aDd ...1. Ia lbe pr'MIlC. 0(:' ) ) FIELDCATE DEVELOPHENT AND CONSTRUCTION LTD., ) In TrulIC ) ) (Daae) (Purclauarl ) I hilve th theo;r~or;(;f ) ) ) (Dal.) (PurdlaMr) nlE UNDERSlCNED acccpa'lba above 01'/'.,. IN WITNESS whe,oofVeador baa banuaao "ccwed "Ii. "1'_, ) TilE ~.E"l'ROPOUTAN TOR OHI'O AND REGION ) CONSERVATION AI""0RITY ) ) ) Per: (DaI.) ) ) ) Per: ) ) W. bavo ...abora.,.o bUld lhe CorpoBlioo . A92 AUTHORITY MEETING #4/96, May 31, 1996 .e. ACDfOWUDGDaNT IIW. ... '--- ....... NaipI 01 . ...... CIIp1 01 ... IIW. .......... ..... 01 . ..... CIIp1 01 &IliI ..........- oIP11Kbue ud s.-...___ .... A..-- oIhn:iIue... Sale... ____ · CIlIpJ 10 .. ~ &0 .,,_ eoiicilor · CIlIpJ 10 be 1-... &0 .,1_1lItiaIOr (\1""1 (DaIe1 ~ (DeIe1 (\I cadorl (Daael ~l (Dual ~llon Avenue. Down.viev. Ontario. HJK 1E4 Vendor', Addnu F'IarcIau.', Addrua (1016\ (,1"-1111 T.Ic,.... No. Talephone No. RVlINADn I:'''T,",n~ V CDdor', SoIIC11Or PIIrchuar'. Soliclaor 227 Brldge1and Avenue, Toronto, Ontario, H6A l' Solicuor'. Addnaa Sollcaao,'. Add,.. (416) 256-0488 Ext.242 T.lcpboaa No. T .lcpbooa No &< - AUTHORITY MEETING #4/96, May 31, 1996 A93 SCHEDULE 'A' ; ( (q,t? . . \ \ i I : \ . . ; ~ . . . . - .. . I - AUTHORITY MEETING #4/96, May 31, 1996 A94 .,.......!!UULI! -Il- l. This offer is conditional for . period of thirty (30) d8ya .from the ecceptance ot this Offer to Purchase by the Vendor upon the Purchaser being sati.fied in its sole, absolute and unfenered discretion with all soil conditions. The Vendor agrees to permit the Purchaser to conduct soil tests during the thirty (30) day period reterred to and to allow the Purchaser access to the Propeny for the purposes at conducting soil tests. In the event that the Purchaser is not completely satisfied with the soil conditions, in its sole, absolute and unfenered discretion, it shall provide notice to this effect in writing personally or by courier delivery or by prepaid registered mail to the Vendor or its solicitor on or before the expiry date of the condition and this Agreement of Purchase and Sale shall become null and void and the deposit returned to the Purchaser with interest and without deduction. In the event that the Purchaser does not notify the Vendor or its solicitor during the thiny (301 day periOd herein referred to, then the Purchaser shall be deemed to have waived the condition. This condition is for the sole benefit of the Purchaser and may be waived by it at any time or times at its option. 2. The Vendor covenants within five (5) days from the acceptance of the Agreement to deliver to the Purchaser copies of all agreements with the City of Vaughan service providers or any other governmental authorities, agreements with any other panles affecting or relating to the real property, planning studies. soil tests. surveys. engineering repons. and all other planning, engineering and survey material that the Vendor. its servants or agents have in their possession or under their control. 3. Immediately after acceptance of this Offer, the Purchaser shall be permined access to the lands at any time for surveYing, testing or engineering purposes or for any other purpose associated with the Purchaser's proposed development of the lands. 4. At any time, or times after the acceptance of this Offer, the Purchaser and its agents. servants or workmen may enter upon the lands for the purposes of making surveys. soil tests. compaction tests and other similar tests and the Vendor agrees and hereby authOrizes the Purchaser and its agents, servants or workmen to have the access to the lands for those purposes and agrees to return the land to its original state if the conditions herein are not fulfilled. 5. All outstanding liens. taxes and/or encumbrances affecting the real 'property will be discharged by the Vendor on or before closing so that the title to the lands shall on closing be a good, valid and marketable, freehold title and free from all encumbrances whatsoever. including, Without limiting the generality of the foregoing, rights-of-way, mongages, liens. easements. restrictive covenants, encroachments. claims and defects of any nature except as specifically set out in this Agreement. 6. Any notices required to be given under the terms of this Agreement of Purchase and Sale may be given to the Vendor or Purchaser or their respective solicitors acting on their behalf in this transaction. 7. The Purchaser shall have the right at any time following acceptance of this Offer of assigning the Agreement resulting from the acceptance of this Offer to 8 personlsl. corporation(sl, firm or partnership of personlsl and/or corporationlsl and upon such assignment and notice thereof to the Vendor. the Purchaser shall be relieved of any and all obligations herein and the Vendor shall accept such assigneelsl in place and stead of the Crt: Purchaser as if the assigneelsl were the original purchaser herein in the first instance. 8. The Vendor hereby authorizes the Purchaser. upon acceptance of this Offer. to Immediately commence any rezoning and any OffiCial Plan amendment and Application for Plan of SubdiviSion for the lands necessary for its purposes and hereby appoints the Purchaser its agent in relation thereto. The Vendor further agrees that the Purchaser may commence an application to have the land transferred to the Land Titles system immediately after removal of the conditions herein and agrees to execute and deliver without delay and without payment all documents required to comply with the above within five 151 business days of delivery of such documentation to the Vendor's solicitor. The Vendor agrees that it will jOin and support any of the above applications provided they will comply with their guidelines. - A95 AUTHORITY MEETING #4/96, May 31, 1996 2 9. The Vendor hereby agrees and covenant. with the Purc:haaer to uae hi. be.t effons in assisting the Purchaser to obtain all of the necessary approvats, including to consent to end execute all necessary documents and application. for zoning changes and/or plans of subdivision. All such applications and approvals are to be entirely at the expense of the Purchaser. 10. The Vendor and the Purchaser acknowledge and agree that this Agreement of Purchase and Sale and any amendments thereto. and all notices required under this agreement. may be transmitted through the use of a Fax Machine and that a true copy in the accepted form of this Agreement of Purchase and Sale with all dates, times. terms and conditions IdentIcal to accepted Faxed Agreement of Purchase and Sale will be delivered to the PurChaser and the Vendor prior to closing. In addition. all communication and notices to the panies herein as set out in this agreement may be made to their solicitors by facsimile transmission. , ,. (a) The Vendor acknowledges that it will retain title to the comer property outlined in yellow on Schedule. A" which is situated on [he southwest corner of the purchased land fronting on Islington Avenue and the Vendor hereby agrees with the Purcnaser to provide the Purchaser with whatever daylight easement and/or transfers of lands are necessary over the northwest corner of the Vendor's retained lands as are reQUired to align the road for the proposed development of this property with the adjOining road known as Wycliffe Road and will provide such daylight easement and/or transfers of land to the Purchaser provided the Purchaser will prepare all legal documentation necessary for such easement and/or transfers of land at its expense and at no expense to the Vendor. All such documentation IS to be executed as soon as the locauon of such easements and/or transfers of land is known and designated. All such transfers of easements and/or transfers of land for road alignment purposes shall be prOVided to the Purchaser by the Vendor at no cost [0 the Purchaser. This clause shall not merge on the clOSing of thiS transactIon but shall survive same and the Vendor Will provide an Undertaking to the Purchaser on clOSing to confirm this agreement. The Vendor agrees that all such easements and/or transfers given pursuant to [his clause will comply with Section 50 of the Planning Act of Ontario. as amended. lbl The Vendor acknowledges that it will retain title to the pond area outlined in blue on Schedule .. A. but it will provide easements to the Purchaser after the clOSing of this transaction for storm water management purposes and agrees to allow the Purchaser to make full use of the pond tor all stormwater management purposes necessary for the development ot the purchased lands. All these easements will be provided by the Vendor to the Purchaser at no cost to the Purchaser and this clause shall not merge on the closing of thIS transaction but shall survive same and the Vendor will provide an Undertaking to the Purchaser on closing to confirm this agreement. The Vendor agrees that all such easements given pursuant to this clause will comply with Section 50 of the Planning Act of Ontario. as amended. 12. The Vendor warrants that all buildings on the property have not been designated or listed as heritage or historical sites by the City of Vaughan. Region of York or any other governmental authority under the Ontario Heritage Act or any other Act or by-law. The Vendor also warrants that the Purchaser will be able to obtain demolition permits to demolish all existing buildings on the property at jts own expense. These warranties shall survive the closing of this transaction and shall not merge on the closing of the transaction and a warranty to this effect will be provided to the Purchaser by the Vendor on closing. fA. ( . A96 AUTHORITY MEETING #4/96, May 31, 1996 AGREEMEHT OF PURCHASE AIID SALt: PURCHASER. Father Claudio Moser in trust, offers to buy from VENDOR. The Metropolit&n Taranto and Region Conservation Authority, through no agent, the following PROPERTY: Part of Lot 15, Concession 7, in the City of Vaugnan, in the Regional Municipality of York. containing fifteen 115 ) acres, more 01'" less, situate on the east side of Islington Avenue. south of Rutherford Road and as shown cross hatched on the attached Schedule -A- at the PURCHASE PRICE of ONE MIUION. ONE HUNDRED & llIENTY-FIVE THOUSAND Canadian Dollars (SCAN 1,125.000.00) If the area of the Property as detenained by the Vendor's surveyor is more or less than fifteen (15) acres, the PurChase Price shall be increased or decreased. as the case lDay be, at the rate of SEVENTY -F I VE THOUSAND Canadian Dollars (SCAN 75,000.00) per acre, calculated to three decimal places. 1. (a) Purchaser submits with this Offer five (51) per cent of the Purchase Price, payable by certified cheque to the Vendor as a DEPOSIT to be held by the Vendor pending completion or other termination of this Agreement and to be credited on account of the Purchase Price on completion. Upon acceptance of thi sOffer, the Vendor covenants and agrees to ut i I i ze the Deposit to purChase a term deposit with a Canadian cnartered bank, upon which interest wi 11 be earned at the then current rate and which interest sllal! accrue to the Purchaser' s benefi t and be credi ted to the PurChaser on the Closing Date; (b) Purchaser agrees to pay the balance of the Purchase Pr1ce by cash or certified cheque on closing to the VenC10r subject to the adjustments herein provided; and (c) Purchaser shall not be required to pay any goods and services tax in accordance with the Excise Tax Act of Canada (the "Goods and Services Tax") on the Closing Date if this transaction is not wholly 01'" partly it sale to an individual of a residential conlplex, as defined in the Excise Tax Act. and the Purchaser has, on 01'" before the Closing Date, provided the Vendor with a statutory declaration evidencing that the Purchaser, or recipient, as that term is defined in the Excise Tax Act, as the case may be, is registered under the Excise Tax Act. In that event, the Purchaser shall file suCh returns and remi t such Goods and Services Tax, if any, to the Receiver General of Canada 01'" such other competent governmental authority, when and to the extent required by the Excise Tax Act. 2. (a) Purchaser and its authori zed representati ves sha 11 have the ri ght to enter the Property at any time dud ng day Ii ght hours fo 11 owi ng the date of execution by the Vendor of this Agreement until the Closing Date, upon prior reasonable notice to the Vendor, to conduct any and all site inspections or tests, including soil, water and ail'" tests (together the "Tests"l, necessary or des i rab 1 e to 'ensure the su i tabi 1 ity of the Property for its intended use. The Purchaser shall promptly repair any damage to the Property resulting from the Purchaser's exercise of its rights pursuant to this paragraph, except where the transaction conte~lated pursuant to thi s Agreement closes, in whiCh case the Purchaser shall not be responsible for the aforesaid repair obligations. (b) If the Purchaser conducts Tests on the Property pursuant to subparagraph 2(a) of this Agreement, it shall deliver to the Vendor a copy of the results of the Tests, together with copies of all reports prepared in connection with the Tests (the "Test ReportsN). If the Tests Indicate concentrations of any Contaminant which exceeC1s: (i) the prevailing standards specified in the Guidelines for the Decommissionlng and Clean Up of Sites in Ontario published by the Ministry of the Environment and Energy for construction, development and/or use of a property for residential purposes 01'" for the Purchaser's intended uses; and/or ' (i i) any other prevail ing guidelines and statutory 01'" regulatory standards acceptable for the construction, development and/or use of a property for residential purposes 01'" for the Purchaser's intended uses, issued or published by the Ministry of the Envi ronnlent and Energy or any other governmenta I - A97 AUTHORITY MEETING #4/96, May 31, 1996 Page 2 authority having jurisdictioni and/or (11 i I the prevai 1 i ng requi rements speci fi eel in Canada Mortgage and Housing Corporation's ("CMHC") "Mortgage Loan insurance Handbook - Policy for Managing Environmental Risks" issued in July 1993. as amendedi (collectively the "Requirements and Standanis") . the Purchaser IIIIY. at lts option. elect to terminate this Agreement. The Purchaser shall give the Vendor written notice of Hs termination of this Agreement within forty-five (45) days of lts receipt of the results of the Tests and the Test Reports. In the event that the Purchaser elects to terminate this Agreement. the Vendor shall forthwith return the Deposit to the Purchaser, with interest and without deduction. and the Purchaser shall return the Property to the condltion it was \ in prior to the Purchaser's entry thereon for the purpose of conducting the Tests. In addHion, the Vendor shall remi t to the Purchaser, wi thin thirty (30) days of demand being made therefor, an amount equal to the aggregate of the lega I, appraisal, consulting. architectural and other fees (together the "Professional Fees") incurred following the completion by the Purchaser of the environmental testing of the Property referred to in subparagraph 2(a) of thIS Agreement, by or on behalf of the Purchaser in connection with: (i) the planning and development of the project to be constructed on the Property (the "Proposed Development"); and (ii) the obtaining of all necessary municipal and other approva Is requirea in order to permit the construction of the Propsoed Development; and (ii1) the negotiation of the transaction contemplated pursuant to this Agreement and the preparation and execution of thIS Agreement; together with such supporting documentation as may be reasonably required, in the opinion of the Vendor, in order to verify and substantiate the Professional Fees. The Vendor's obligation to remi t to the Purchaser the Professional Fees shall survive the termination of this Agreement. The Vendor reserves the right to request the Purchaser to submit a current statement of all outstanding Professional Fees incurred by the Purchaser to and including the date of such request (the "Fees Statement"). (cl In the event that the Purchaser does not exercise its option to terminate this Agreement in accordance with the provisions of subparagraph 2(b) of thi s Agreemen t, the Vendor shall undertake, at its sole cost and expense, such steps as are required in accordance with the following provisions in order to ensure that the Property meets the Requ i remen t s and Standards in effect as of the Closing Date: (i) Subject to the provisions of subparagraph Z(b) of thi s Agreement. the Vendor assumes full 1 i abi 1 i ty and responsibility, in terms of both cost and undertaking, for any remedial work resulting from any Contaminant which is found or discovered In, on or at the Property on or before the Closing Date. In connection therewith, the Vendor shall be responsible for the managenlent, remova I , off-site storage and/or disposal of any Contaminant discovered in, on or at ~he Property, whether or not known to the Vendor as of the date of th is Agreemen t and whether or not resulting from any act. omission or negligence of the Vendor or those for whom it is, in law, responsible; 0 (ii) All remedial work contemplated in subparagraph Z(c)(i) of this Agreement Shall be undertaken and completed in accordance with a site remediation plan acceptable to the Purchaser and otherwi se consistent with the Guidelines for the Decommissioning and Clean Up of Sites in Ontario publiShed by the Hi n i st ry of Env i rorvnent and Energy, CMHC' s "Mortgage Loan Insurance Handbook - Policy for Managing Environmental Risks", - issued in July, 1993, as amended, and the Content and Format A98 AUTHORITY MEETING #4/96, May 31, 1996 Page J Guidelines publiShed by the Ministry of Housing. In addition, all I"emedial work shall be illlplelllented fully in accordance wi th the requirements of all applicable laws, by-laws, regulations, codes, standardS, guidelines, agreements 01" requirements of the Ministry of Envirorllent and Energy fOI" Ontario and all other governmental authorities; and (Hi) If any remedhl won is necessary, the Vendor shall deliver evidence sati sfactory to the Purchaser, on or before the Closing Date, that such work has been undertaken and completed 1n accordance with the requirments of the preceding subparagraph. -Contaminant- shall have, fOI" the purposes of this Agreement. the same meaning as that contained in the Envil"onmental Protection Act, R.S.O. 1990, c.E.19, as amended, and shall include the I"equirements of any and all guidelines andlar policies issued by the Ministry of Environment and Energy. J. (a) The Vendor warrants and represents to the PUl"chaser as follows: (i) that, to the best of the Vendor's knowledge and belief having made due i nqui I"Y, the Lands have never been used as a was te di sposal or storage sHe wHhin the meaning of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amenoed; (ii) that, to the best of the Vendor's knowledge and belief having maoe due i nqu i ry , no order or direct i ve has ever been issued by the Ministry of the Environment and Ener9Y with respect to the Property; (iii) that the Vendor has receiVed no notice that it is in violation of the Environmental Protection Act, R.S.O. 1990. c.L19, as amended, concerning the Property; (iv) that, to the best of the Vendor's knowledge and belief having made due i nqu i ry. there is no Cantami nant in, on 01" at the Propel"ty whiCh exceeds: (1) the prevailing standards specified in the Guidelines fOI" the Decommissioning and Clean Up of Sites in Ontario published by the Ministry of the Environment and Enel"gy for constl"uction, development and/or use of a property fOI" residential pUl"poses or fOI" the PUl"chasel"'s Proposed Deve I opment; (2) any other prevai ling guidel ines and statutory 01" regulatol"Y standal"ds acceptable fOI" the constl"uction, development and/OI" use of a pl"opel"ty for I"esidential purposes or fOI" the Purchaser's Proposed Development, issued 01" published by the Ministry of the Environment and Energy or any other governmental authority having jurisdiction; and (3) the prevailing requirements specified in CHHC's -Mortgage Loan Insurance Handbook - Policy for Managing Environmental Risks" issued in July, 1993, as amended; (v) that it has di sclosed to the Purchaser all information in its possession or control I"elevant to ascertaining whethel" the Pl"operty complies wi th a 11 app I i cab 1 e statutory requi I"ements. and with any and all applicable guidelines or policies of the Mini stl"Y of the Envil"onment and Enel"!]Y and any other govel"nmental authorities, including, without limitation, the Guidel ines for the Decommi ssioning and Clean Up of 5i tes in Ontario, and whether, to the best of the Vendol"'s knowledge having made due inquiry, any Contaminant exists with respect to the Pl"operty; . (vi) that, to the best of the Vendor's knowledge having made due A99 AUTHORITY MEETING #4/96, May 31, 1996 inquiry, it hu no kno.ledge of any Cont_nlnts or pollutants. as defined In the Enviro..ental Protectlon Act. R.S.o. 1990, c.E.19, as _ended. that have been stored or spl11ed on the Property or adjolnlng property; (vii) that, to the best of the Vendor's kno.ledge, insurance cover age, if any, has never been denl ed or cance 11 ed (and insurance premIums have never been increased) IS a result of a Contamlnant in, on or at the Property; (v11i) that. to the best of the Vendor's knowledge having lNde due i nqul ry, there are no storage tanks on. under or at the Property and any storage tanks prevIously on, under or at the Property have, to the bes t of the Vendor' s knowledge hav 1 ng made due inqulry, been relllDved and dispOSed of ln accordance with all appl1cable statutory requlrements and with any and all applicable guidelines or policles of the Minlstry of Environment and Energy and other governmental authorlties, includlng, wlthout limltatlon. the Guldellnes for the Decommlssionlng and Clean Up of Sites ln ontarlo, (ix) that it has recelVed no notlce of, and has no knowledge of or lnformatlon of, any pendlng, contemplated or threatened provlnc1al offenses or JUdlClal or ac1JDlnlstratlve actlon or any actlon pendl ng or threatened by any adJacent or affected landowner or occupant or anyone else relatlng to the eXIstence of any Contaml nant at the Property or any eml ss 1 on of any ContamInant from the Property; (x) that it has no knowledge of eXlStlng or threatened en'll ronmenta IIi t 19a t 1 on. prO'll nCla I offences or other governmental actlon and has no reason to belIeve that any cause of actlon for such eXlsts WIth respect to the Property; ~ (xi) that durl ng the per; od of ownershl p of the Property by the \ Vendor, no portlon of the Property 1S or has ever been a rental un1t wlth1n the mean1ng of the Rent Control Act, S.D. 1992, c. II, as amended. and the Rental Houslng Protectlon Act, R.S.o. 1990, c.R.Z4, as amended. or any predecessor 1 eg15 1 atl on. Ourl ng the perlod of ownershi p of the Property by the Vendor, no portlon of the Property has ever been the subject of a tenancy agreement wlthln the meanlng of Part IV of the Landlord and Tenant Act, 1990, c.L.l, as amended, or any predecessor leglslatlon; (xi i) that there are no actlons, suits or proceedlngs WhlCh may be pending, threatened or commenced, agalnst the Vendor ln relatlon to the Property; (xiii) that the transaction contemplated under thlS Agreement has been duly authorlzed and thlS Agreement has been duly executed and de 11Vered and cons t1 tutes a I ega 1, va 11 d and bl nd 1 ng obligatlon of the Vendor and enforceable agaInst the Vendor ln accordance WIth its terms; (xiv) that the Vendor has not granted to any person, firm. corporatlon. partnershlp, syndIcate or other legal entIty other than the Purchaser, any rIght of first refusal, right of fi rst opportunlty, opt 1 on or s lml1ar ri ght to purchase the Property or any interest In the Property or any portIon of the Property, (xv) that there are no leases, tenancy agreements and/or occupancy agreements or 11 censes, emp I oyment and ser'll ce contracts and equIpment leases or contracts ln connectIon WI tho or affectIng, the Property; (xvi) subject to the prO'll Slons of subparagraphs 5(a)( il and 5 ( a) ( i i ), tha t the Vendor has fu II power and authorl ty to enter lnto and perform the obllgatlons under thIS Agreement - A100 AUTHORITY MEETING #4/96, May 31, 1996 Page 5 and the enter; ng into and perlol"llli ng of th; s Agreement does not confl ict wi th or breach its articles of incorporation, by-laws, I etters patent or any agreement, covenant or undertaking which is binding upon the Vendor; and (xvi i I that there is no act; on or proceedi ng pendi ng or threatened that questions the ability of the Vendor to perform its obligations under this Agreement or the title of the Vendor to the Property and there are no circumstances that may give rise to such proceedings in the future. (bl The parties hereto agree that the warranties and representati ons made by the Vendor in subparagraph 3( a) of thi s Agreement shall not expire with, or be terminated or extinguished by, the closing of the transaction conte~lated by this Agreement, and shall be conclusively deemed to have been made at the Closing Date with the same force and effect as though such had been made at that time, and that all such representations shall survive the closing of this transaction for a period of three (3) years fa 11 owi ng the Cl os i ng Date. I n the event that the Purchaser is or becomes aware that all or any of the representations and warranties made by the Venaor and whi ch form a part of thi s Agreement are not true and correct as of the Closing Date, the Purchaser shall be entitled to complete this transaction in reI iance upon such representations and warranties, notwithstanding that tne Purchaser is not satisfied that all or any of such representations ana warrnties are true and correct. In that event, the liability of the Venaor under such representations and warranties shall not be diminished, reduced or otherwise altered, as such representations and warranties shall survive the Closing Date in accordance with this subparagraph J(b). Any obligation on the part of the Vendor to contribute to, or reimburse, the Purchaser, in respect of any losses, claims, actions, causes of action, proceedings, damages, costs, liabiHties, penalties and expenses in connection wHh any loss of lHe. personal injury, damage to property (including property other than the Property) or any other loss or injury (together the "Claims"), arising from or out of either: (i) a misrepresentation by the Vendor of any or all of the warranties and representations contained in subparagrapn J(a) of this Agreement; or (i i) notwithstand i ng the warranty and represent at i on made by the Vendor contained in subparagraph J(alliv) of this Agreement, the Vendor's failure to ensure that the Property met the Standards and Guidelines in effect on the Closing Date; shall be subject to the monetary limitation contained in subparagraph 3(c)(ii) of this Agreement. (c) The Vendor covenants and agrees as follows: (il Subject to the provi s ions of subparagraph 3( c II i il of thi s Agreement, the Vendor hereby agrees that! in the event of any Claims made following the Closing Date against the Purchaser or any of its di rectors, officers, servants, ell~loyees, agents and melnbers, ari 5 i ng from or out of the condit i on of the Property as of the Closing Date, the Vendor shall contribute to, or reimburse. the Purchaser an amount equal to the amount of any such CI allll, provided that the Vendor is given notice of such Claim by the Purchaser WIthin three (3) years of the Closing Date, and further provided that either: (1) such condition constitutes a misrepresentation by the Vendor of any or all of the warranties and representations contained in subparagraph J(al of this Agreement; or (2) notwithstanding the warranty and representation of the Vendor contained in subparagraph J(alliv) of thIS Agreement, such condition results in the Property not having met the Standards and Guidelines in effect as of . the Closing Date. A101 AUTHORITY MEETING #4/96, May 31,1996 Subject to the provisions of suDtalregraph 3(c)(;;) of thi s AgreMent. if the Purchaser t s ude a party to any Claim commenced against the Purchaser. or by or against the Vendor, then the Vendor wi II pay all expenses and reasonab I e legal fees incurred or paid by the Purchaser in connection with such Claim. The Vendor will also pay all costs and legal fees (on a solicitor and his client basis) that may be incurred or paid by the Purchaser in enforci ng the provisions of thi s subparagraph 3( c)( il. For the purpose of this subparagraph J(c)(i). the Purchaser acts as trustee for, or agent of, each of the enti ti es and persons IIentioned in this subparagrapn Jlc)(i), of this Agreement, so that each of them may obtain the benefit of and enforce this subparagraph directly. (H) It is expressly agreed and understood that the Vendor's maximum aggregate overall 11 abi I ity exposure in respect of those it~ns referred to in subparagraphs 3Ib)(i) and (ii) and 3(c)(i) of this Agreement. inclusive of all expenses and legal fees relating to such items in respect of whiCh the Vendor is required to contribute pursuant to subparagraphs 3(b)( i) ana (ii) and 3(c)(i) of this Agreement. shall be limited to an amount equal to the Purchase Price. (d) It is expres sly agreed and understood that the Vendor shall not be liable for: (i) any breach or misrepresentation of the warranties and representat ions made by the Vendor in subparagrapn J(al of this Agreement; or ( i i) the Vendor's fan ure to ensure that the Property met the StandardS and Guidelines in effect on the Closing Date; except as expressly provided in subparagraph 31b) and subparagraph 3(c) of this Agreement. 4. Except as expressly provided in this Agreement, the Purchaser agrees to purchase the Property in its current condition and further agrees that the Vendor sha 11 not be obI i gated to perform any work in respect of the Property in order to bring the Property, or any part thereof, into camp 1; ance with any applicable requirements of any relevant authority. Except as express ly prov i ded in thi s Agreement, the Purchaser also agrees not to make any claim against the Vendor in respect of any work that may be required in order to bri ng the Property or any part thereof into such comp 1 i ance. 5. (a) This Agreement is subject to the following conditions, which are for the benefit of the Vendor, being satisfied on or prior to the closing of this transaction: (i) the Vendor obtaining approval of the Mi ni $leI' of Natural Resources permitting it to sell the Property; (ii) thi s Agreement being approved by the Executive Committee and Members of the Vendor; and (iii) a consent having been obtained pursuant to Section 50 of the Planning Act, 1990, at the Vendor's cost, without conditions being attached thereto or if any conditions are attached to the consent, they are satisfactory to the Vendor. If by the Closing Date these cond it ions are not uti sfied, the Vendor may extend the Closing Date by notice given at any time up to the Closing Date to the Purchaser to any date not later than December 31, 1996 (the "Later Closing Date"). If by the Closing Date or Later Closing Date these conditions are not 'sat i sfi ed. then the deposit, with interest and wi thout deduction, shall be returned to the Purchaser forthwi th and each of the parties shall be released from all of their obligations herein. (b) Purchaser aCknowledges it is solely responsible for any amounts required to be paid to any municipal or other governmental authority . A102 AUTHORITY MEETING #4/96, May 31, 1996 Page 7 including lot levies, developlllent charges or buildin9 pemits or otherwise that may be required prior to any improvements or buildings being constructed on the Property and suCh amounts are not included in the Purchase Price. (c) Purchaser shall undertake on closing and it shall be a condition of closing, for the Vendor's benefit, that the Purchaser has undertaken as follows: (1) Purchaser shall construct at its cost, along the boundary between the Property and the ~djoinin9 property of the Vendor (to the south) a six (6') foot black vinyl chain link fence to the standards as is then normally being constructed by the Vendor at its other properties; (ii) Purchaser shall ensure that a vegetated buffer area of approximately ten (10) metres wide is maintained, consistent with the current state of vegetation, on the adjOInIng property of the Vendor; (iii) Purchaser Shall comply with all Municipal requirements for the future use of the Property whi ch the Vendor aCknowl edges as being a reI igious retreat centre, a sanctuary, a school ana ancilliary uses thereto together with associated parkIng facilities; and (d) Purchaser covenants and agrees as follows: (i) to construct a six 16') foot black vinyl chain 1 ink fence, at its cost, along the boundary between the Property and the adjoi ni ng property of the Vendor of the standard as is then normally being constructed by the Vendor for its otner propert i es; (ii) to ensure that a vegetated buffer area of approximately ten (10) metres wide is maintained, consistent with the current state of vegetation, on the adjOining property of the Vendor; (ili) to satisfy the Vendor that future storm water management practices are to be carried out on the Property to the satisfaction of the Vendor; and (iv) to complete an archeological investigation to the satisfaction of the Vendor at no cost to the Vendor. 6. Purchaser agrees that this Offer shall be irrevocable by him until 11 :59 p.m. on the 4th day of June, 1996 after whiCh time, if not accepted, this Offer shall be null and void and the Deposit shall be returned to the Purchaser forthwith without interest or deduction. 7. This Agreement, subject to paragraphs 2(c) and 51a), shall be camp 1 eted fi ve (5) bus i ness days subsequent to the earl i er of the fa J 1 owi ng dates: (a) the commencement of construction of the retreat centre by the Purchaser on the Property; and (b) the issuance of all necessary bui Iding permi ts by all local and regional authorities; but in no event shall the closing date be later than the 31st day of December, 1996 (the .Closing Date"). Upon completion, vacant possession of the Property shall be given to the Purchaser. 8. Purchaser shall be allowed up unti 1 5:00 p.m. on the fifth (5th) business day prior to the Closing Date (the "Requisition Date") to examine the title to the Property at his/its own expense. 9. The Vendor covenants and agrees that, despi te anythi ng el se in thi s Agreement to the con trary, the Vendor wi I J promp tI y prov i de, wi thout limiting the general i ty hereof, copi es of all documents, pi ans, up-tO-date A103 AUTHORITY MEETING #4/96, May 31,1996 Page 8 survey, topographic maps, flood control maps and r~orts, drawings, permits, licenses, certificates, reports, minutes and other items of information in its possession or control pertaining to the title, regulatory controls, use and condition of the Property. 10. Provided that the title to the Property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in thi s Agreement and save and except for: (a) any registered restrictions or covenants that run with the Property providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied wi th, or securi ty has been posted to ensure campI lance and COlllp leti on, as evidenced by a letter from the relevant municipality or regulated utility; (e) any minor easments for the supply of domestic utility or telephone services to the Property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the Property. If withi n the specifi ed time referrred to in paragraph 8 any va 1 i d objection to title or to any outstanding municipal work order or deficiency notice, is made in writing to the Vendor and which the Vendor is unable to remove, remedy or satisfy and whiCh the Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiation in respect of suCh objections, shall be at an end and all monies theretofore paid shall be returned forthwith without interest or deduction and the Vendor snail not be liable for any costs or damages. Save as to any valid Objection so maae by such day and except for any Objection going to the root of the title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the Property. 11. Provided that thi s Agreement Shall be effective to create an interest in the Property on 1 y if the subdi vi 5 i on control provi 5 ions of the Planning Act, 1990, are complied with by the Vendor on or before completIon. 12. Vendor represents that it shall not be a non-resident of Canada within the meaning of the Income Tax Act on the Closing Date and covenants and agrees to provide satisfactory statutory declaration evidence to that effect on closing. 13. Any realty taxes and local improvement charges shall be apportioned and allowed to the day of completion (the Closing Date itself to be apportioned to the Purchaser). 14. The Transfer/Deed of Land shall, save for the Land Transfer Tax Affodavit, be prepared in registerable form at the expense of the Vendor. The Transfer/Deed of Land to be delivered on completion shall contain the statements contemplated by clause 50(22) of the Planning Act, 1990 (i .e. Box 13 shall be completed anu executed by the Vendor and its solicitor). 15. Time shall in all respects be of the essence hereof provided that the time for doing or completing or any matter provided for herein may be ex tended or abri dged by an agreement in wri t i ng signed by the Vendor and the Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. 16. Any tender of notices, documents or money hereunder may be made upon the Vendor or the Purchaser or thei I' respective so Ii ci tors. Honey may be tendered by bank draft or cneque cert i f i ell by a Scnedu leI chartered bank or Province of Dntario Savi ngs Office. . , , l7. Thi s Agreement including all schedules attached hereto shall \ cons t i tute the ent ire agreement between the Purchaser and the Vendor. There is no representation, warranty, collateral agreement or condition, whether direct or collateral, or express or implied, which induced any party hereto to enter into this Agreement or on which reliance is placed by any such party, or which affects this Agreement or the Property or supported hereby other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. In the event of conflict between provisions written or typed in this Agreement and any provision in the printed portion hereof, the written or typed provision(s) shall supersede the printedr. provisions to the extent of such conflict. AUTHORITY MEETING #4/96, May 31, 1996 A104 18. (a) The Vendor acknowledges that the Purchaser is acqulrlng the Property in order to construct a mixed use development thereon containing, amongst other things, a rel igious retreat centre, a sanctuary, a schoo I and ancilliary uses together with associated parking facilities in addition to any other facilities wilich may be required by the PurChaser or wilich the PurChaser may consider appropriate, in accordance with a conceptual site plan designed by Spectra Archi tects Inc., copy of wilich is attached hereto as Schedule NAN which conceptual site plan is subject to change and/or revision. (b) Thi s Agreement is conditional upon the Purchaser bei ng satisfied, in its sole discretion, that each and every condition contained in this Agr eemen t has been fulfi lIed on or before the Closing Date. SUCh conditions include the following: ( i) there sha 11 be no Contami nant in, on or at the Lands which exceeds: (1) the prevail ing standards specified in the Guidelines for the Deconuni ssioning and Clean Up of Sites in Ontario pub 1 i shed by the Ministry of the Environment and Energy for construction, development and/or use of a property for residential purposes or for the Purchaser's Proposeo Development; (2) any other prevail ing guidelines and statutory or regulatory standards aCCeptable for the construct10n, development and/or use of a property for residential purposes or for the Purchaser's Proposed Development. issued or publiShed by the Ministry of the Environment and Energy or any other governmental authority having jurisdiction; and (31 the prevailing requirements specified in CMHC's "Mortgage Loan Insurance Handbook - Po I icy for Managing Environmental Risks" issued in July, 1993, as amenaed; and the Purchaser shall be in receipt of evidence satisfactory to it confirmIng same; (ii) the Vendor shall have provided and released to the Purchaser any information in its possession or control relating to ascertaining whether the Property cOlnpl ies with statutory requirements and wi th the Guidelines for the Decommissioning and Clean Up of Sites in Ontario issued by the Ministry of the Environment and Energy , and whether any environmental contamination or hazard exists with respect to the Property; (iii) all requirements of the Planning Act, R.S.O. 1990, c.P. 13, as amended, whiCh are required for the completion of the Proposed Development shall be satisfiell, on or before the Closing Date; (iv) that there is not, and shall not be on the Closing Date, any outstanding or contell~lated expropriation prOCedure in respect of the Property or any portion of the Property; (v) that no part of the Property has ever been used as a disposal site, as referred to in the Environmental Protection Act, R.S.O. 1990, c.E. 19, or as a cemetery or a buri a 1 ground, within the meaning of the Came~l!ries Act, R.S.O. 1990, c.C.3 and the Cellleteril!S Act (Revised) R.S.O. 1990, c.C.4 and related legislation; (vi) that the Property is suitable for the construction and use of the Proposed Development, as the soi 1 conditions of the Property satisfy the standards prescri bed by the Canadi an Counc i I of Ministers of the Env i ronmen t and Canada Mortgage and tlousing Corporation, in addition to the guidelines of the Ontario Mini slry of the Environmenl and Energy; . -~ . --... "",~_.....-. or.-;;;............ _~ '.. --~ ._~ ~_..~.. .r. _ A105 AUTHORITY MEETING #4/96, May 31, 1996 Page 10 (vii) that the Property has not been designated as a flood plain area and is not within any fill line area designated by any conservation authority, and that any pel"lllit or other consent which may be required from any conservation authority for the construction of the Proposed Deve 1 opment, sha 11 be on terms satisfactory to the Purchaser; (viii) that the Property has not been designated as a historical site pursuant to the Ontario Heritage Act R.S.O. 1990, c.0.l8, as amended and that all relevant by-laws, including zoning and building by-laws and regulations, permit the construction and use of the Property for the Proposed Oevelopment; (ix) that there are no unfulfilled or unsatisfied requirements of any authority having jurisdiction over the Property, including any municipal, provincial or other governmental authority, in respect of the Property and, in particular, that there are no outstanding work orders or deficiency noties issued in respect of the Property; (x) that there is open and uni nterrupted pedestri an and vehi cu I ar access and egress from the Property to Islington Avenue, beIng an open and pub 1 i c road. owned and mai ntai ned lly the Reg; ana 1 Municipality of York. which is adequa te for the use and enjoyment of the Proposed Development; (xi) the warranties and representations made by the Vendor in Subsection 3( a) of this Agreement and elsewhere in this Agreement shall be true and correct at the Closing Date and the Vendor shall, upon request, provide the PurChaser with a statutory declaration evidencing same, on the Closing Date; and (xi;) the re su 1 t s of the archeological investigations are sati sfac tory to the Purchaser and in particular, without 1 imi ting the general i ty of th~ foregoing, same do not reveal that any mitigative action is necessary; (c) It is expressly agreed and understood that, in the event the Purchaser is made aware of a breach by the Vendor of the condit ion precedent contained in subparagraph l8(b) (xi) of thi s Agreement following the Closing Date. the Purchaser's remedies in respect of suCh breach shall: (i) only be available in the event that the Purchaser gives the Vendor notlce of such breach wi thin three (3) years of the Closing Date; and (ii) be limited to those remedies set out in subparagraph 3(b) and subparagraph 3(c)(i) of this Agreement; and ( i i il be subject to the monetary limitation contained in subparagraph 3(c)(ii) of this Agreement. (d) In the event that the Purchaser is not satisfied, in its sole discretion, that the conditions described above and such other conditions which may be contained elsewhere in this Agreen~nt, have been fulfilled prior to or on the Closing Date, the Purchaser shall be entitled to terminate this Agreement. in its sole discretion, on or before the Closing Date by written notice from the Purchaser or from its solicitors del ivered to the Vendor or its sol icitors. In that event thi s Agreement shall be null and void. so that the Purchaser shall be under no further li abi I ity or obi i gat i on under thi 5 Agreement. and the Deposit sha 11 be returned to the Purchaser immediately, with interest and without deduction. The Vendor and the Purchaser agree that these conditions. in addi t ion to any other condi tions contained in th; 5 Agreement. exist for the sole benefit of the Purchaser and may be waived at the discretion of the Purchaser, by written notice frool the Purchaser or its sol icitors delivered to the Vendor or its sol ici tors, waiving any such unfulfilled conditions; . AUTHORITY MEETING #4/96, May 31, 1996 A106 Page 11 (e) In the event that the conditions contained in this Agreement have not been satisfied, in the opinion of the Purchaser, on or before the Closing Date, then the Purchaser sha 11 , on or before the Closing Date, be entitled. in its sole discretion to either ter'llinate this Agreement. waive such conditions or extend the Closing Date, as may be appropriate. on one or more occasions, as may be required by the Purchaser. provided that in no event may the Closing Date be later than DeCember 31. 1996 without the consent of the Vendor. The Purchaser may exercise this option to extend the Closing Date by the delivery of written notice stating that the conditional period and the date scheduled for completion have been extended and fixing a new Closing Date, delivered by the Purchaser or its solicitors, to the Vendor or its solicitors. on or before the date then scheduled for completion; and If) If any of the dates specified in thi s Agreement are extended by mutual agreement of the parties or in accordance with sUbparagrapn ISle) of this Agreement, then any subsequent dates specified in any other provisions of thi s Agreement sha 11 be 1 i kewi se so extended for the same peri ad of time without the need for any further agreement or acknowledgement of the parties. 19. It is understood and agreed that this Offer is .being made by the Purchaser in tl'US t for an individual and/or rei igious order to be designatea or a company to be incorporated or des i gnated and with no persona I 1 i aDi 1 i ty whatsoever. At any time after the acceptance hereof, the PurChaser may assign the within Agreement to such individual or religious order or such corporation as the Purchaser might designate and/or incorporate (the "Assignee") at whICh time Father Claudio Moser shall be relived of any further Obligations hereunder and all of the covenants and obligations herein shall be the responsibility of the Assignee and shall be enforceable only against the Assignee. 20. If, due to unusua 1 soil conditions. underground streams, fill or due to the topography of the Property, an expendi ture over and above the normal and usual cost is required to be made or will be requi red wi th reSDec t to excavation and the installation of foundations, then the Purcnaser shall be required to provide notice thereof to the Vendor in writing sett i ng out the amount of money. over and above the usua 1 and norma I costs. which wi 11 be incurred or which has been incurred, and unless the Vendor agrees i n wri t i ng . within seven (7) business days of receipt of such notice, to pay for and be responsible for such excess, then the Purchaser shall be entitled to terminate the within Agreement, on or before the Closing Date, by written notice from the Purchaser or its solicitors delivered to the Vendor or its solicitors. In that event this Agreement shall be null and void, 50 that the Purchaser sha 11 be under no further 1 i abi I i ty or obI i gat i on under this Agreemen t, and the Deposit shall be returned to the Purchaser immediately, with interest and without deduction. The Vendor and the Purchaser covenant and agree that this condition exists for the sole benefit of the Purchaser and may be waived at the discretion of the Purchaser, by wri tten notice from the Purchaser or its solicitors delivered to the Vendor or its solicitors. waiving this unfulfilled condition. 21. The Vendor covenants and agrees to pay a finder's fee totalling three (31) per cent of the purchase price herein, plus applicable GST, to JDL Construction Design and Consulting Ltd. immediately following successful completion of the transaction contemplated by this Agreement. 22. The Vendor covenants and agrees to discharge any and all outstanding mortgages, liens and other encumbrances registered against and/or affecting title to the Property, at its own expense, on or before closing. 23. The Vendor covenants and agrees to provide to the Purchaser within two (2) weeks after the acceptance of thi 5 Offer, and at no cost to the Purchaser, an up-tO-date survey of the Property and an acreage certificate from an Ontario Land Surveyor confirming that the acreage of the Property is fifteen (15) acres. In the event that the acreage, as represented by said certificate, is lIlore or less than fifteen (15 ) acres, the Purchase Price herein sha 11 be adjus ted on the basis of SEVENTY-FIVE THOUSAND DOLLARS (S75.000.00) per acre. . AUTHORITY MEETING #4/96, May 31,1996 A107 Page 12 24. The Vendor covenants and agrees to co-operate fully with the Purchaser in connection with any and all applications necessary to permit the Purchaser's Proposed Development of the Property including, without in any way limiting the generality of the foregoing, all necessary applications to all authori ties having juri sdiction in connection with obtaining all bui lding permits. The Vendor hereby consents to the Purchaser making all necessary enquiries and completing, SUbmitting and processing all necessary applications, in connection with the Proposed Development, imediately upon submi ss i on of the wi thi n Offer. The Vendor a lso covenants and agrees to immediately provide all necessary written consents and authorizations in order to permi t the Purchaser to COllllllence and pursue such enquiri es and app licat ions. 25. The Vendor acknowledges and confirms that the Purchaser Shall have a right of first refusal (in the event that the Vendor decides and/or is permi tted to sell and/or lease such land) to purchase and/or lease that adjoining parcel of land to the south east of the Property, containing uetween five (5) to ten (101 acres of land, whiCh parcel is owned by the Vendor and is outlined in red on SChedule "8M attached hereto and forming part hereof (hereinafter called the "Option Lands"). The Vendor covenants and agrees to give the Purchaser WI'; tten notice that it has decided or that it has been permitted to sell and/or lease the Option LandS and the Purchaser shall have thirty (30) days from the date of receipt of SUCh written notice to deCIde whether to exercise its right of first refusal. In the event that tne PurChaser does so exerC1 se such right. the Vendor and the Purchaser covenant and agree to negotiate and to establish a purChase price for SUCh Option Lanas based upon their fair market value at the time of exercising SUCh right of first refusal. The Vendor and the Purchaser also covenant and agree to negotiate and finalize all other relevant terms and conditions governing the purChase and sale of said Option Lands at that time. The parties acknowledge and confirm that the negotiation of such terms and conditions sha 11 be pri vate I y effected between themselves and sha II not be conducted through any publ ic forum or process. 26. The Vendor and Purchaser aCknowledge and confirm that in the event that the purchase price herein is not acceptable to the Vendor, the parties covenant and agree to make the issue of the appropriate purChase price herein the subject matter of non-bInding arbitration. In such case, each of the Vendor and the Purchaser shall appoint an appraiser to conduct an appraisal of the Property and sa icJ two apprai sers sha 11 mutua I Iy agree upon and appoi nt a third appraiser. Once completed, said appraisals shall be utilized by the Vendor and the Purchaser to establish a mutually satisfactory purchase price 11l~rei n. The parties hereto a I so covenant and agree to share the cost of such . . AUTHORITY MEETING #4/96, May 31, 1996 A108 Page 13 DATED at Vaughan, this 9th day of May. 1996. SIGNED. SEALED AND DELIVERED ] in the presence of:- ] ] / //. """? --'2 .;6 ~ .~ ] ] ] ] THE UNDERSIGNED hereby ~ccepts the above Offer. IN WITNESS whereof the Vendor has executed this Agreement. ] ] ] ) THE METROPOLITAN TORONTO AND REGION ] CONSERVATION AUTHORITY ] ] Per: ] HUll! : ] Title: ] ] Per: ] Hille : ] Title: ] ] We have authority to bind the Corporation. . AUTHORITY MEETING #4/96, May 31, 1996 A109 PAge 14 ~ lIVe acknowledge receipt af A signed lAIe acknowledge receipt of A signed copy of tIli s accepted Agree.ent of copy of thi s accepted Agrement of Purchase and Sale and authorize a Purchase and Sale and authorize a copy to be tOnlarded to -:flour copy to be tOnlanted to ~/our solici tor. solicitor. (Vendor) (Date) (Purchaser) (Date) (Vendor) (Date) ( Purchaser ) (Date) Vendor's Address Purchaser's Address Telephone No. Telephone No. . ANTHONY PASCALE - Pascale, Zent1l Vendor's Sol1c1tor Purchaser's SOl1c1tor 3800 Steeles Ave. W. Suite 300W Sol1c1tor's Address Sol1c1tor's Address Vauqhan, Ont L4L 4G9 (905) 850-8550 Telepnone No. Telephone No. ROBERT . AUTHORITY MEETING #4/96, May 31, 1996 A110 ~ g~;; :.;r~ - a:i:: ! '" ~ ii~ ~ ~ 'S,",t; 'Z , !Z - ... !. ::D ~ .... - - z ~ ,.-.-------r---------. I I I I I , , I I -, - r"~ ~1 ,.., .+...;; ~ ",.. W" ~I;;: I'II LI '." _ - '.J-. ..._-1 I ~-T '{ SCl/mULE -A- . A111 AUTHORITY SCHEDUlE MEETING #4/96 '"9- ' May 31,1996 . 8 ~ = - AUTHORITY MEETING #4/96, May 31,1996 A112 I'0Il UU IN T.- NOWICa 01 Gn'MIO AGREEMENT OF PURCHASE AND SALE (II ~ FOR A ClllPANY TO BE INCORPORATED) PURCHASER., RIl I CONSTRUCTION ~STnN l IMITm _~ , .... 10 buy fram Yl!NDOR, n. M........ T_.... R.p. c-",.... AuIMnIJ, ......... ..... u. followiDe PROPeRlY: I"'un... 15. t" .....1, ClIy ofV_p.a, R..ioaaJ Mllllicipalily ofYoct. -....~.15 _, _ or .....u-. . 1M _ 1M...... ofbJiaclan A--. -.&II of RuIbariaId Ra.l..a.. Ibowa _ iIaIcW _ 1M ~ ScaaduIe . A. allba PURCHASe PRlCB of: ON[ MIllION I FIFTY THOUSAND CANADIAN DOlJ.ARS ($CAN t ftt;n nnn M ) 10'-- willi..., w;....... Oaoda .... s-.iceI Tu. I( u. __ 01 1M Pnat-n, . ~ .., Vendor'. .......,or ia _ or .... lhan IS _. u. PIan:bue Price IbaII boo ~ or dcnued. .. U. _ _, be, .. 1M na. o( S 70.000. oo-r ....., caIc:uIaaad 10 W. docim&I pIacM. I. I'tJRCIASER IIIbmU wilh IhiII orr.r ,.. o( the P\udsua Price "",... by .....ir.... cbIqua 10 .... V-.dor .. . dopoail 10 boo hoW by il pontIinl COtftIt..ion or tIIhor 1__ of IhiII "1_ and 10 boo cnd&led on __ o( lboo P\ucMM Pric. OD compIoIion; and 2. PURClIASER ..,.. 10 pIll' lho b.1anco o( 1M Purehuo Price by cub or canined chtlquo on clOlUlI 10 lhe V..tor IUbjecllo lho IdjwuneN' 11...&10 pro"ided. 3. (a) Tbi. -'._ i. IUbjCCllo lho followinl coadi&iou, whicb .... for the buom of Vendor, being _illied 00 or prior 10 lho cla.lftll of IbillrUllKlioo; (i) U. Vendor otMaininl afllllO"al ollho Miaiuor o( Naaual R_ ""rmiuil\a illo 10111110 Propan,; (ii) lhi. AI_ booinl appto"ed by lho Eucu&i". C4111111i&1oo aad Membon o( lboo V IlIIlior; (tii) a _ baa .... obIainad flU........ 10 Soc&ioo'O o( lbe P1anninl AeI. 1990. aI Vcador'. -. wi&hou& coaditi0n8 a&&ac:IIiq u.an.o .... if usy c:oaditiODl ... -nod 10 tho COAMnI. lho, .... Nlia{aClory 10 Vendor. If by lho Cloainl 0... lhue condiliODl ... _ U1iafied. Vendor mal' OIIlcod .ho Cloeinl 0... b, lIIIIa liven AI MY limo up I.. lho CIo.lftl 0... 10 PurcllaMr 10 any duo nol I..... lhan Det:anber 31. 1996 (Iho 'I.Aer CIOIiol D....). If by Ih. CIOIinl Dot. orlho Uai.r Clo.in. 0.... lhue condilion. - IIOl ...i'lied. lho dopGIil wilh ina._1 .hell be N1umod 10 l'Ian:huor ...... ....h o( lho pan_ .hall be ..Iouod {rom all o{ IlIoir oblil..iODl heroin. (b) l'Ian:hoMr ac___IodI" il i. 101.1, _ponaibl. for ..., _nal required 10 boo paid 10 OIl' munici",,1 or OIl1or 10........n.na.1 ....harily inclUtlinl 101 I."io.. oJ....lo~ cher._ or builoJin. ""nn... or OIllerwi.. Ibel ....y b. roquiroj p,ior 10 any illl"",,,elllena. or lIuiloJinl:. beinl conatNeled all Ih. Propony and IUch unoWUI ar. nol included in Ibe I...rchuo Price. . (c) Pureh...r .hall undenab 00 cloaiol ...... il .hell be a eandilion of cloainl for Vendor'. benelil IhOl l'Iud_r .... undanakon .. {ollowa: (i) Pureh...r ,hall CGnIINCI AI il' COIl .100' lhe boundary between lhe Propeny and lho odjoiainl property of VontIor a 6 foot block ..in,l ch.in link fonc. 10 tho __nil .. illhon IIOI'Inally bani -.ucaed b, VcnoJtw.. "" OIher proponi.. wilhin Ii. molllhl of lhe Clo.in. D...; (Ii) Pure.....r lhall _lOOliah wilhin .i. mtItlIha ollha CIOIinl Dat. ".1-.:1 burr.r .... o( .pproaiIllOl.I, 10 ..lOt,.. wioJo on V.antIor.. pra...."y .Ion. Ih. prope"y '-anUory 011110 I'ropen, .ntl lho ""',oillln. propen, ..f II.. V",lIIur .. I'I,rel_r'. c:oea _iatUl, of . cOI...naaio" 01 ""a ..wJ epee... uf 'IAI.". v.,..... of pi.n& "UI,.rla. in KCOI'daDc. wilh lhe (ollow.nlluid.linoa: 30.. .""'b.; 3'" ba,.1'OClI and 3'''' caliper 1.-. wilh a r..io of 60.. caNf_ and 40.. docidUOUl. wilh rupeel 10 1110 ba..root,...... caliper lrea. .11 in ac:cordonco wilh a pI_inl plan P,.""red by I"'rcl_r uIIi Ippro"cd in wriline b, Ventlor. ouch I""",,,al IIOl 10 boo un_nabl, wilhl..loJ; (iii) Purehuer lhall comply wilh .11 Municipal rcquiftllllClll. for lhe Nnanl IUO o( lhe Pro..ny. (eI) Pure-. acIuIowlcdl:eJ thaa lho Tf8AlIfer/Deod 10 lhe Propeny ,hall colllAin ralncli". covenanu IhOl . will pro"id. .. follow.: (i) prohibil lhe UN ollhe Prapeny (0' any purpo.. or .... OIhor lhan . .... IIIlII CONrvy 10 - Vcn&lor'. objocll". uIIi whlcn <loci ""I ..........ely ""pACl Vondor', edjoUWI' land.. ,~. A113 AUTHORITY MEETING #4/96, May 31, 1996 2. M ID ~ - fiaa 1M ......." wiII'- ........ 10 __... V""I "joiaiq JII'IIPMY wU.u lhe wriIt_ ~ of.. V... ill finI-.....; (Ui) 110 ._rw, i~6...._ or ~ ... '- ......... aa .. ~ lIIIieu UId lIIlIil Pu~ hat 6...: (A) _ftICI" 6 f_ black viayl cMiD 1_ r- II ill CIIII ... 1'- baunduy beI_ ca. ~.. IM")oi8iq ...,..., 01.... V... 0I...aand.ud u ill IMn normally ta.ia. c_NClad by V___ for iIa __ JII'lIPU'-; (8) ..._liI.... a .......... buIrw _ 01..........,. 10 __ wide _ Vaador'. "'joiN... ~ ...... 1M .......". 011'" ........, .... .... 8djoiaia. ......-y of Iha Vandor __iatl of a ~_ oil. ... IJIIC- of _iv" "arillia of plana .....ariaj ia ~ -iIlIlhe follo_iatl poidaf;..: 30" 1iuubI; 35" buwoaI.... 35" caIipw ~ .... a nlio of 60,. c:aaifa""" and 40,. ~, with I'GIf*& 10 Iha ___.. c:aJ....I_, all ia lICCOIdanc.. wilh a planlin. plan pNfIUed by Purehuer and 1ppIV..... ia _riaiatl by Vandor. .uch approval 110110 he ~Iy wilbbeld; (Cl Puren.lar hat ...i.lied V..Jor il -ill only.... SlonnwlI.r Bal M_se....~ Pncaicu; CD) complcaed an .rchuoloSical inv..iSllion IIId c:any OUI Ifty miliSlli". AClion .lIi.iaclory 10 Vendor. NOIwilllllandinlln. wolt ..f.nad 10 in i~ CAl, (lJ), CClIIId m) abov. hu noI been completlld. Purehuar ....y -.. c_NClion 01 11_. ianprov_. or davelapmena if il hu fim pro"idoaJ .-oriay for I"" doins of I1ICh work rauonably ...i.iaclory 10 Vendor. 4. P!JRCIIASER ae- Ihaa Ihit OW.r .hall be inevocahle by him lIIIIil II :59 p.m. on I"" 4Ih day of I..... 1996 Uler which lima. if... acceped. uu. OWer .hall be nllll UId "oid and lha depaaia .hall lMI renamed 10 Purehuer wil..... iaI_ or dlldllCJion. 5. 11115 AI_. IIIbjoca 10 parasraph Jea). lhall be compleaed on lhe 16th day of Seplember, 1996 C"Clo.inl Dalo.). Upon compl...ion. "acanI poI....ion"of the propeny .11111 be siven 10 Pureh....... 6. PURCHASER thall be .1I0wed IIntil 5:00 p.m. on lhe III day of "1I1U11. 1996 (Roquitilion Dal.) 10 "lIamino I"" lill. 10 lhe Propeny .1 his own "'peNe. 7. VENnOR and Pun:huer 'SI'M lhat ."".... it lID condilion. ClIp.... or implied. reprucnt'lion or w."lftly of Ifty kind lhat I"" fuN.... intenoJed UI.. of Ih.. Pro"""y hy ''1'reha.er i. or will bo I.wful. II. P!JRClIASER Klmowledsa havinS ilUlpecled II... Propeny prior 10 IUbmillinSlhil Offer UId und..ftland. IhaI UfDII"" VcnIor acc:e"unllhit OR'er .her.. .hall "" . binoJinl 'Ircemenl of plrehu.. and ..I.. belw,""n Purchuer IIId Vendor and lb. l'Iarcl_r .INelI 10 KCeflIII... Prope"y u i. an&l ackllowlcdps II... Ib.. Purehu..r hu ..Ionll il. own 1811. and no claiml will bo mad.. in conneclion wilh II... ..."ironmalUal condilion oflllCl p,en,ilu. 9. P!JRCIIA5E1l .hall noI call for In. produclian of IftY lill. deed. abllracl. aarway or OI""r ...idcnee 0' lill.. 10 Iha Prapony OIIcep1l11Ch u lro in lhe pouellion or cOftlrol of Vendor, Vendor .1ftOI11II1 "" will deliv.r Ifty ReICh or airway of lho Property in his pDUeI.ion or wiabin bi_ cOdrollu Purehucr u lOOn U poI.ibl.. and prior 10 I"" lul day .1I0w",", for ..amininSlillo. 10. PROVIDED lhat I"" lill.. 10 I"" Propeny il load and free from .11 resillered ratricaiOlUl, char... Ii...... and encllmbrancu OIICC", .. OIherwil" .peciflCally pro"ided in Ihia "lrccnlCllU and ..v.. and OIIcepl for: C.) ony ,.,Ii........ ....ricai_ or cov....n.. ...., "III wi". .he Prapa"y JIf'O"MlinS ..... ouch .,., complia..l wilh; (h) .1IY ..Iille.... municipal al-' ..... "'li.lllred 'Sree.ncnt. wi"l publicly "'Slllated IIlilili... provMlinl ..,eh ha". '- c-.,.tMd wilh. or IaCllr;ly h.. been po....... 10 en...,.. complia"cll ...... cO..".....ion; II ."Mlanced by . 101l.r from II. ..I.".... municipalilY or "'sullied ulili,y; ICI .ny nllnor e....I...... (or Ih. IUpply of ..Ion_lic lIIili,y or 1.I.pllono ..rwicu 10 I"" Property or 8d;acent propc"in; and 1..1) .ny a_ICIN. (Dr dr.iMI.. lIonn or .anil.ry .._n. public: IIlilily line.. 1.lepho!l" linea. cabl. lol...i.ion li._ Dr OII...r u",icu which do noI _.ri.lly affeclll", praent ule of."" I'ro"""y. 'f wilhin lha .fIIlCilied 1;"'01 refernaJ 10 in paralrlph 6 Ifty ".lid ohjection 10 lill.. or 10 Ifty OIu.landinS mllnicipal work onler or ..Ieliciency noaic... i. mad.. in wriaine 10 Vandar..... which VenoJor il unabl. or unwillinl 10 remov., ""'....y or 100idy and which Pure.....r will noI w..... Ihia "1-'_ notwill........inl ony inl.rm.diaa" KII or nalOliaaiona in _pacl of IIICh objec,ioRl. .hall lMIaI an enrJ and all nlOll.... lhereto(o,.. paMl .hall he relu........ Wilhoul illlerul or dalllclion and Vendor .hell nol be lilble for Ifty COlli or damesel. Sav... 10 Ifty v.li..! objeclion .0 ........ by .uch day and e.cepl for .ny . oh;.ca1Oll SOinl'O lhe rooI of lhe Iii''', Pl'rcbalf;r .hall be conel...,,,ely <lectned 10 IIIv.. ace..,..ed Va.r'. lill.. 10 I"" Propefty. a . A114 AUTHORITY MEETING #4/96, May 31, 1996 3. . II. PROVIDED IbM dIia AI_ .... ... eIF..ift.. _ _ ___ ia 1M ....,..., ., ilu. Mlbdiwiaiaa -nil fII'lI"iaillaa 01_ p"--. Aa, 1990... -.u.a willa by v... OIl." t.Iora camp.-. 11. VENDOR ....-1b.I ....... _ . ___ 01 Cu.da wiIlaia ... --. 0' I" ~ T... Aa _ .... Cloual D_ 13. ANY ...., ....., local impIGU diu... ....1 ... apponiM.J lIOd .u.... ......u., 01 ~iaa 11M day ...., .. ... appanioa.i 10 1'WdIuu). 14. TIlE Truulerlo..l .haIl, "YO lor I'" Lud T...,... Tea AftidaYila, be pnfIlINd ia nli.nblo I... AI I" ....... 01 V-*. n. T_I.,tIl_11O bot.wi...... 011 CGlllpMlian Ihall_ lbe --"'11. ~.......... by c:-..~) 0""1'1wuun. "'ct, 19!IO. IS. 'nME ...... ill aU ....-. a. at.... - ....,. ......... ..... .... ~ t.., ...... .., ............. .., _ n...... plOW'" t.... .....in n.., ... -.... .., -~.... It, _ 0'_ ill "'''iIIa oi._ b, V.._ .... 1".."1_, .., by IMi. rupocli". aoIM:iIon w.... ... h.nD, .......1' ............ in .10.. ...ani. 16. ANY lend.. at.-icu. "-'r--" .., '-' --.,.. "'" ... ....... UpINI V-'a. a. PIa...-. or ....., ......"..aIiciaona. Mw.,...., be........ b, ....... ....aiI ar c...... c_iii... b, 0 Scl...a..le 1 cl..n..'" bu... .., I"-iaca af 0........ :;."in.o Olfic&. 17. 'nIlS A._ illduaiac ~ ~ ...... ...... ~-........ire 0'_ be&w_ ,... l'urcn...r ....." V .ndOl. The,. i. ftO '............IOA, .."AnlY. c:"U...,., ............. ar CAndiaaon, w......... ~i'CCl ar 0:011".'01. 0. ..pr... or inlfllial. ...Iucb ,1IlI&ac:... CI" pan, I_ell) '0 .......r i.lla IIua A.'MIII..... or an ..h;.;h n:1ianco q fII-l:eU b, 0'" 0llC1a ,.ny, 0. ..1Uc.h .lllICu .hi. ".r""1III\& or II.. i>ro,..n, or IUfIPlIn'" hen:uy oak, 11....&1 ..pNaICd ......UL. n... Alrun...... .hall be real ..ilh .11 chanl'" oi llcalder or lIlllubcr ,cqu....... by 1114> CGIIlCa.I. In II", .....111 al ca"Il;.;1 bca_. ..,.."..iwa .."'..... ur Iy,--w IlIlh.. .lIr.....1eI1I ..... any pru"..1GR In Ih" 'am..... flDl'.....I...-I.IIa. ...rlll....... .,.... ..,.."....... .1..11 .11,...'........ .1.. pri........ pro",....... la I'" ..a'ClII 01 '''''11 canlliCl. DATED AI Ci tv of North YO" . lbia 9th dayal Mav , 1996 SlCNED, SEALED AND DEUVEAED ) IN WITNESS whe...11 be". henwaaa .. m, haod cad ._1: iAlIae...-.cu(:. ) RILl CONSTRUCTION WESTON LIMITED ~ (JG~ : UN 11lUST FOR A ClJIIPAN')O BE INCD ..~~ttDI A .. /) /?Ph 5' ~-- I? ?t. y:, 'h~.tI. ) lo..e) urc.....rl ) 6UERINO VERRILLI, PRESIDENT. ) ) 0 ) 10...) IPurcbucrl \ nlE UNDERSICNED ccccp. I" aha... Offll.. IN WITNESS whana'Vendor bu bcrCUllla ..IlCIll.... Ihi. ^II'_, ) TilE METAOPOUTAN TORONTO AND RECION ) CONSERVATION AlrrllOMI1'Y ) ) ) Pa.:___..._.. lPooI_1 ) ) ) "'r. ) ) W. ha". ....barily la bind lha CCNpanliaa AUTHORITY MEETING #4/96, May 31, 1996 A115 4, ~ lIW. --'-<lA_.......-ipl 01 . ..... .." III rw. uw. ---'-<l 1wI.. ..... 01 . ..... ..." of .IIM -.,..d A..- of 1'ludIMe..s SaIe..s ___ -...- A..- oIPwc11u...s Sale ud ___ · ClIp)' 10 loa f-..... to ..,,_ ...... · copy to loa f_.a.d to ..,,_ eolicJlOr cY--1 (DMe) (PlIo. . II I CDaae) cYeador) (DMe) ~) (Du) 400t Weston Road, Weston, Ontario .IIGI 159 v...... Add... Pa&n:au.r'. Add,... _~~9-50~O (F.~)~16-7~~8? Tu.,w- No. T~No. John Capo Vendor'. Solieltor Purd!uu'. Sohcilor Capo, Sgro, DiLena, HelIsworth, Mendicino 7050 Weston Road, Suite 400, -WeedbP.~Atari 9 l4L-8G7 Soliel/or'. Add..... So.bellor'. AdU..... 905-850-7000 4t6-798~838 (Tororrto Line) T-...-,. No. 905-850-7050 (Fax) Talepho.. No. . . AUTHORITY MEETING #4/96, May 31, 1996 A116 . , AGREEMENT OF PURCHASE AND SALE PU!tCHASSl, LITTLE HAHPTON HOLDINC CORP. . oIf'en 10 buy fnxn VeNDOR, n.. Mctl'OflOlil... T_o..... !tee- c-......_ Alii""'" I......;h no .p*. I'" (011_111; MtOrmtTY: !'an orUIIIS, CGacc:uion 7, 0, o(V~n, Re;ieul MlUllCipalil, o(Yori:, --wn; IS DCru, man or Ial .uuat. a11ha...!be -.... 0( 1a1in;ron Avenlle, ICaJIb o(RuIIlCftord tlo.i ud AI a'-n crou hatched on the ..ladled Schedule . A . at lhe I'URCHASI! PRICE or: EIGHT HUNDRED TVENTY-Stx THOUSAND Ftvi-HUWam - CANADIAN DOLURS (SCAN 826.500.00 ) 10CClhcr wilh.ny .pp11cabte o-Ia ... SuvICU Tn. Ir II.. ..... or the "ropeny u dcIonni.... by Vendor', slIrveyor is lnoro or I.... II..n IS _, the PIlrduaso Prica shall be incruacd or dacroal&d. AI Ih. .... IIUI, be. al the nle of S 55 , 100. O~r acn, calelllalcd 10 Ihrco delmal placcs. I. I'URcrlASJm aubmils wilh lhis Orrer Hi 0( the f'lIrdwe f'rica pay.blo by certified cbaqI..IO Iho Vendor II · deposil 10 be held by II pendin!: complcllon or OIher laminalion of IIlIs ^llreemanl IInd 10 be cre.dilea on IICCOUnI of the I\.rchlllo I'rice 011 cOlnpl.:lion; .naI 2. l'uncnASIm "&l'CCIIO f'lIl' the balnrICe o( the I'IIn:heu f'rice by cesh or CCrlilicd cholllle on closins 10 Iho Vendor slIbjcello Iho adJlIslnlonu hONln provided. J. (a) This ^!:reenlonl II SlIh}CCl 10 Ihe (ollo\Yin!: condilions, \Yhich arc ror Ihe honofil o( Vendor, heln!: lausfied 011 or prior 10 Ihe clOSIng nr Ihll IrlllUaCllon: (i) lhe Vendor ohllllnlng appmYlI1 of Ihe MiRlller of Nalll",1 RClClllrccs pe~'lIl1ng 1110 solllhe I'rof'Cny; (ii) Ihil ^sreClftCnl h."ns .pproyed hy Ihe !!acellll"e Con.mllleo.nd Man'~~n of tho Vendor; (iii) II COlli en. h.. I....... ollllllllCLl "unll.1l110 SCClIOft SO of Ihe I".nnln; Ael, 1m, .1 Vendor'. coal. \"..hOlIl c:ondUIOIU IlUllduu; IhuClO or ir Any candillo", ,ua IIltI.cbett 10 llao conlan., they .ro .....iu.c:.nry 10 Vendor. I( hy Ih. Cia....; 0.... Ih..... eONliuon. lira not "luli...J, V....lor ....y c........ I"" Clolln; 0"0 hy nOlleo ;,v.n .. IIny 111110 lip 10 Ihe Clol.n; 0.1010 "Ireh..er 10 .ny "alo not 1.lar Ihan Oecember 3 I, 1996 (Ihe ."Aler Clolln; Oil....). I( hy Ihe Clorln; !lAIC or II.. I....er Clolln; 0.10, Ih...o eONlillonl .ra 1101 .ali.lied, Ihe .lcl'OIIl wilh ,,"ercsIshalll.. relumed 10 1'lIreh...er .NI each o( 1110 panlct Ihall be releDled (rom 1111 o( II",,, ohli;ol.ons he",in. (Ia) !'I.rchuor lICkuo\YICllge. il is snlely re'l",nsihle (or any amounla ,e'1"ired In be paid 10 .ny IIIl.nieipal or OIher ;oyernmenlal /\lllhorlly mclmhng 101 loyics, dcyclnpmcnl cl..r;ol or hllildin& permils or . OIhenv.se Ihlll II1I1Y lIa lI:'1"ircd prior 10 any inlprovenleols or IUlil&lingl heln; cons.nlCled on Ihc Property IInd sllch 1I111OIIRlI arc 1101 inchnl.:d ill Ihe I'urehalc I'race. (c) l\archAler Ihllllllnatcrtal:c on closine and illlUlII he a cnndilion o( closinll for Vendor's benefil lha. !'Ilrch..er I... uud.:na~en IU follows: (i) I\lrchnser sllllll cnculn.cl .t ils cnsI .Ian; Ihe I","ndllry helwccn Iho f'roperly and lIac adjo.nlns pro",,,,y o( V"ndor ,. (j fonl bl.cl: yinyl ch..i"linl: {...ICe 10 Iho 'Ianatanls as i. tben IIOnMlly helll; cOruln.Clcd by VClVlor.. ill OIbar propenl'" '''lIhlll sil mORlhs of lIac Clolln; OllIe; (II) I\arehaler shall cs.ablisb wlIllI" Ii. 1Il0nlhs of Ihe Clolln; Dale VOSCI..ed bllff'er aRlll of approllllllllely 10 nlOlrel Will.. on Vendor's propeny IIlon; Ihe propeny bOllndary 011110 Properly .NI Ibe adjon"n; proparly of lhe VeNin, al "u'Chuer's coli cons.llln; of . con,hlna.,on o{ s.%el IIlul SIICCles o( "IlIjye Yllrielle. o{ pl.oI IIl11lenal in Dcconlanee willa Ihe followlll; C'"dehnel: 30"" .hn'h.: 3~% h.rem," IINI1S'lro caliper lrees ,vilh " relio of r,o.,. cnnif.roll. .NI40,," d.;&:Idu0111, Wllh .capec. In the harcraal and calif"dr treel. ..U in accord.nca. Wllh . ,"antln& pi,," prcflIIrcII hy l.ut..h"l~r ftn&1 nl'l"nvcd In wrlltnS hy Vend...r I Juch _""raval na. 10 b. ttUNAJOn"hl, \Yllhlu:ld. (ijj) I'urchuer sh..1l comply wtlh DII Mllnie'llIll n:<1>"rell"'''" for th.. f..,llro..... 0' I"" Prope"y. (d) ""dlUer ....l.no...IC&ICel 111Il1.1", 'r.AlIlf..tln.:c.II" 1110 PropellY .hllll ennlllln te..tiC/i". coven.nI. th.1 will prov..le "' fullo...o: (i) prohihll Iha lI.e o( Ihe Pro""ny f.lr Any ,,'rpole at IIle Dlh..r II1Iln . II.. noI eon/rary 10 . Velldo,', ol'JCCII""~ANI wtllch oInes 111\1 necallvely 11I1,..el Venda,', adJo.n.n!: I.nd. AUTHORITY MEETING #4/96, May 31, 1996 A117 2. (Ii) NI_ - '-............., .waa............ Ie..., _ v...... _jaiIaq ,.....)' unIaa IIIe ___ _ of lhe v...... it rial ......: (iii) 110 IIlUClUru, ~RW'_' or ~ abUl .. pmIUIt8d oa the Pnapeny unIaa and UIIId Purdauar hu lint: (A) COIIIIntaed 6 foal bleck Yinyl cbaia rlllil: f_ al ill -. &Ioal the bound.ry bat_ the Prap.ny uU the -Joiaial fII'D!IMY 01 the VlIIdor 01 the lIandard.. I' lhen normally beanl ~IIIINClIII by Vandor fM III otbar ,.,.,..,iu: CD) ul.bliahed · ".....111 bulrar.,.. oIlf11W'l1limully 10 _ru wide on Vendor'. "';0-1 r-PMy .I0Il111.. bounduy o(.he Prapany and the IIIjoll""1 prIIperty of Ibo Vondor COAIilll/ll of I comblaation 0( 'IZII .nd .poet.. of natIve "lri.U.. of pUN I_anal ;n ~ witb the followinC ptcNJiMa: 30" oItnttu: 3.5" .....- and 3.5" caliper I... with. raaio 0'60" ..-if_II .N1 40" .wc;u.IOII1, wMh ...,- 10 u.. __ ..... cah,.... I...., all in accora- w..h A p'"'' 'nl pUn p...,.red by PutcI...... lUllI approved In wri..n. by V andor, .uch .ppro.I' no& 10 h. unrauonably wilhlllld: (C) Pllrchuor h.. ..Ii.r..... Vendor it will only n.. Slormwl/or Ilal M.n.ccm..nl Pnu:IICU: (0) completal 1ft .rch..oIoCICllI In....IIC...on lUllI c.rry OUI lilY m'liCI/I." .Cllon ..IIS{AClory 10 YCNJor. NOIWllhstondln; Ih. _rk rcr..rred 10 In Ilcma (M, (11). (C) .nd CD) .bo.. haa nol lI..en campl"led , Purcblscr II1IY corntnenco Clll1llntalan af II nlClll ru, InlproYcmcnu or c1c:Y..iopmc:nt I{ il b.. lint !'"IYllla.IlOCUruy (or the dolnc o{ slIeh work rca.anabty s.lIsiaC:lary to Yendor. .(e) Schedule "BM annexed hereto forma part of thLS Agreement. ThLs Agreement LS condJ.tLonal upon satLsfactLon/waLver of tne condLtLon contaLned 10 paragraph 1 of Schedule "8" . . 4. l'unOIASlm 'Cnu dllllhiJ OfTcr .h.1I bo irrovocabl. by him untilll:S9 p.m. on lhe 4.h d.y 0' Jlln., 1996 a/lcr which 1IIftC, I( not lCCOf>Ia', II... OlTcr .hall be nllll .N1 Yoid and lhe depasll shall be rClllmed 10 Pllrc:h....r wnhanl IftlOr..1 or &Ieducllon. S, "ns ^.-, auhjct 10 para;..ph J(A), .1..11 b. completed on lho 16th d.y of S.ptembar, 1996 ("Clolln; 0...'). Upon Con.pl,"on, "ACAnl '.........'on o( lho pro,."y .h.1I he ;",.". 10 puroh..er. 6. l'unOI.\SEIt .holl bo .1I0wed unlil S.OO ".111. on Ih.. III day of AII~ISI, II}I}/i mc,!uillcion 0.10) 10 eumlna 1/.. Inlo 10 Ihe Propeny Al j". n"'n caJ'Cftle. 7. VENOOn and Plln:h...... ASrc:c 11111 II",ra is 110 CAlldillM, oap..... or ;"'1.1;0:41, rc:prc:sontllion or w.rTlnty o{ Any kintllhOllhc: "UlIre: Intcntled u:o of I/~ Propeny hy l'urc:h.lCr I. or willlte l.w(1I1 8. I'UnOIASEn ad.nowlctlCCl hay,ns ill'IteC:loU ll~ I'ropc:l1y prior 10 11""l11l1illl: Ihi. O{fer Antlllndenc.ntI. lhol ...-. II... Y-.Ior .c:c:aplln; Ihi. OtT"r Ih.N shall ho . IIIIIdill1 .;r........nt o{ pmd.... and ..Ie betwlOll P"rc:h..er ...1 Y",u..r ....1 U.. I~""h..."r n!:1'I:I.>O 10 ne&:.:f~ U... I'm,,,,"y ... I. ....'lIClollo...I...I;... IhAI 1/... l.lln:I.....r h.. .Inn.. il. own 1..1. .ruJ no dAII'" Will bc """'" n. C:O""CCllon wuh .hc e"YUUlIlI"""At contlilion o( Iho prenll.es. 9, I'URCUASEn altlll not call for II.. prodllelion af .ny citl. d&ed, .Infract, survey ar oll..r .Yidenco of lule 10 lbe I'nIpany neap! ."ch II .rc 'n Ihe po.....llon or control o( Vendor, Yendo, A;rcoa Ihall.. will dehycr Iny akelcJl or aurv.y o( Ihll I'ropeny in Ill. po..e..,on or .....1l1li hll _ralIO I'"rc:h..er AI .oon .. po..ibl. .ntI pnor 10 tbo laal dlY ellawad {or COAnllnln; IIl1l1. 10. I'nOVlnltD 11111 Ih. litl. 10 Iho Propeny i. C_I .N1 {r.. (rom .11 reClllcro:d rCllnC:IIDn1, char;c:a, Iiena, Ind lIftCUmbranc:.. aac:apc .. OIbe"",... .paclrlCAlly 'lrOYidad In II... ^lr""'Ant .N1 '..0 .nd cacept (or: (a) Iny "'Cillarad r..lr'cll..... or c.."CftA.... Ih.1 ".n wllh Iho Pro""ny pm"..hnIU..1 such ar. compliad wilh; (b) .ny ....~..... n_,pIlI A.......tcN. and "1..lcrcd AI........... Wllh puhlicly fCC'''....1 "Ii Ii".. pro,,"'in. ...ch hA'" '- -..pi.... wllh. or ICCUruy h.. becn """Ial In ......r. compl..nca and co"'pl'lIon: ....Ynlanc:cd hy a leller (rom Iho me..oftl IllUftIC.pallly ar "C"Ia.ed .nilily; (c) .n)' mInor c:uen....... (or Ih.. s..pply o( domc:,"c 1I1.IIlY or I.lephon. "",1eU I.. Ih. Propeny or Adjl...1It propeni..: and (.I) any ......."Cftl. (or dr.'RlCo, 110m' or 'MU.ry ..w.r., ""bin: lIIil..y 1;IlOl. 101"1'100'" hac., caI,lo ......"illon lill.. nr OII...r ......'cc. wlllch do nol IIII/lIriolly .{(o:cl lhe pruCIII n.c n( lho Prapeny. I( Wilhin lito speclf.ed 11l.1C. rc{.rrc:d 10 In ,.racraph 6 any YAlid oI',CCllall 10 litlo or 10 Any n....laNhll; ",,,..icl,..1 work OnJcr or d"liclo:nc:y nollCC:, i. n..de In wrllinc 11.1 Vendor .",j wl"ch YcNlor .. unal.lc or unwlllinllo r,:",oyc. ternedy or s.lIs{y .n" whIch Purchucr will 1101 -,YO. Ilw ^;n:cntenl nolWllllllendlll& Any Iftlcnuedi.lo ocls or RC;ollallOftl III ro:.spc:ct of .uch objccllon., shall be at 1ft c:ntl and all nlOlllCl U""cto{or.. ,..lsh.1I "" retllrned wllbolll IlIlcrcSI IIr 11ed1lC:1I0n .nd Yendor .1..11 nol be liable for eny COliS or dA""Sc,. SlY. "' la .ny Y.,.... olt,ec:llan 10 lIl.do Ity ."ch day .nd ..acept {or .ny obje.c:lIon lO.nS 10 Iho rOOI o( Ihe lillo, PlIrc:ha.cr Ih.1I L.o conc:I,,"ycly dcemed /0 1....0 ACCepted YcNlor's In II I.. Iho Pro",,"y. . AUTHORITY MEETING #4/96, May 31, 1996 A118 3. I\. PROVlOm IhaI IhiII AI~ ahaIl be dl'edM 10 craie _ ___ in I'" ~ aeIy if 1M wbdivuian canlnaI ,,"","lOIII of 11-. Pw.-,lta, 199O.ra CGIIIpliad wilh by Vaar GIl or balon CDIIIp6alIOn. 11. VENneR ~. IbM iI ahaIl be IlII6 . -.n,itI.. of Cauda wiIhiIllhe mauUal ar Ilia '- T&&.r Act an Ilia OaalRl 0_ 13. ANY ....11)' IDU, IDCaI improVanaftl cbarp. abaIl be appDft.... uN a1lowallD Ilia day ar camplClIOn (\he day llaollla be .ppoftlancd la l'urd&aacr). 1<&. TIlE T,....r.r/Daed thall, ..". (ar lboa IMMi T,..fcr Tu AfI"....viu, I>. praparad in NP.nb" rann AI lhe U~ of Venda,. nlll TlUlIru/o-! 10 I>. d.1Iiv&ral OD CIIIIlpIoI_ .baIl ClIIIWIIllIa .._. COIIIampwcd by c...... 50(22) or lhe Plunnual Act, 1990. 1.5. TIME lball in .11 ...,.cu be 011'" _ '-" provided lhallboa lima ro. doiftc or ~ial a. ony .....I.r pnwoU.d rar h.",in may ... ..Ianded or abtldpd by an .1_ In wrinn'"IC""" by V_. and Pureh...r Ot by II..., 'UPCCIlYO IOIJCilon WilD .ro bu8by opnuly .Pf'OIlIIe&l iu Ihil ral.nI. 16. AN\' I....... of IlOl....., ..t""..n....." a. -I' I.......u.. -I' he nlMio """" Vcno!or or Purch.ler or II.... _peclIV. solie"orl. M....., "'.1' .... 1cn.J.rcd by """" .....n or cllllf1ll'l corulia&! by .. Sclwdule I ch.ne....' I.oa..~ a. l'rovlRCIl of Onl.no SavIni I omc... 17. TillS AI_ IIlcl....tinc IChaluIu Illacbtd 1_1bolI_....o Ilia enur. .1.......nI ba_ I'" Pun:h...r ..... Vendor. Tb... I' 110 r.p.......Allon, _nUlly, collateral .Irccn- or conditioa. wllalho. <.I...CI or coll.....I. or ..prul 0' IInph...... wlucb .ndllCCd eny pany 11On10 10 ani.. inlo llUs AI.......nl or on wlllch rcllatlc. ,",>Iacad hy MY .oci. laIty, or wlucil.......clI11Ua AC......onl or Iho 1'10""1' o. WPf'O"a&! heROY OIher II...... olprcu..1 h...lln. 11111 "crlten...,,' ,h.1I h. read wllh .11 cllOnS.' oi C.md.. a. IInnlller r.'!III,a&! hy II", CDIIICII. In Ih,s lIvenl or conOict 11ClWCCIl proviliun wmlllll or Iyped in Ihia 'C,eclllUI\ and II\Y pravls",n III Ih. prullcd ponlOll hcreof Ih. wrulClI Dr IYIlCIlflroVlllOn IhalllUpcncdo Iho finNed pra\l'lIlOn. 10 Ih. ollelll or IlIch conflict. UATlm AI Concord . Ihil ~ ".y or Kay .19~ SIGNEn. SEAIJl:n ANn nRl.lvr;:llF.n ) IN WITNESS whereaf IIIOVO h.rallnlo... my IlOnd ond leol: "''''...-~ ) LITTLE H ) ) ) Hav 9th, 1996 ) (O:ue) ) ) ) ) (Ollie) (l'urchDSer) TIlE UNmmSIC':Nlm IICcep" 1114 Wove arre,. IN WITNESS whorl1O( V.....lnr h.. IWRlINO uCClIIo:d Ih.. ^sree",.."I. ) TIlE METnOl'OI.I1'AN TOIlOHTO ANn REClON ) r.ONSlm\'ATION .\In'IIUlllTV ) ) ) I'ar:_________ . (O:lIe) ) ) ) POI:. ---. ) ) Wo I..v. ....INlfllY 10 hll..llh. CotylOtllion . A 119 AUTHORITY MEETING #4/96, May 31, 1996 .. ACKNOWLEnCEMDrr . I/W. KknowIedp reaipt o( . sipld CO!')' o( lbit I/W. ""'" 1_l..dp ,..jpI o( . lipid copy of lbit -.~ ^c- 01 PIan:hue and Se. aad auahonza ..,... ,,__ 0I1'un:t1ue and Sele .... _honu · COf'110 be (-.Ned \0 my/our lolicaaor a COPJ' 10 be r-..-. 10 my/our eoIicator LITTLE ~~r. Hay 9th, 1996 (Vosndor) (Dau) (I'ludluer) r (DaIa) . '\ (V .ndor) (0...) CI\ardtuer) (Oa&e) 8700 Dufter~ Street, Concord, Ontar~o Vendor', Addru, I'Iuchuer', Adcln.u L4K 4S6 ToIer/....... No. Tclcpnono No. COLDHAN, SPRINC, SCHWARTZ' KICHLER V elldor', SoIicuor l'urd1ascr', Solicuor 40 Sheppard Avenue West, Su~te 700 Solic..or', Addn.u Solicuo"J ^<kIn.u North York, Ontario H2N 6K9 (426) 225-9400 T.ler/_ No. Teler/lOrIO No. . AUTHORITY MEETING #4/96 M , ay 31, 1996 A120 .;) '- J. U,:'U Li J.... C. .-\. .~ . I) ; '. . . . . '- . . . . .: . .. J . .. . . . ,.. /, . .' ./ . ~ ,~ ~l A121 AUTHORITY MEETING #~~96, May 31,1996 " .. SCHaIULIr ..,.- 1. This Agreement and co.pletion of the tran.action herein contemplated is conditional for a period (the "conditional period") of " fiiteen (15) days followinq the date of acceptance of this Agree.ent by both the Vendor and Purchaser. upon the Purchaser satisfying itself, in its sole discretion, that the subject lands -y be developed for residential purposes by way of reqistration of a plan of subdivislon, within such time, at such costs, in such lDanner, and on such terms as lDay be satisfactory to the Purchaser, includinq witlloUt lillitinq the generality of the foregoinq, upon the Purcheser satisfying itself that existinq Sub-soil conditions of the subject lands are satisfactory for servicing and developlllent purposes as a residential plan of subdivision, that the subject lands may be re-zoned for residential purposes in accordance with the Purchaser's zoninq requirements therefore, that the cost of installation of both internal and external services required for the developlllent of the subject lands as a residential plan of subdivision are satisfactory to the PUrchaser, and tlla t. the SUbject lands may be developed as a residential plan of subdivision wi thin such time frame as /Day be acceptable to the Purchaser (all of the foregoing being hereinafter collectively referred to as the "development condi tion") , I f the PUl'chaser de termines that the development condi tion has been sa t.lS fied, the Purchaser shall have the !"ight by delivery of Wl"ltten notice to the Vendor on or before the expiration of the conditional perlod to waive the developlneht ~Qndition and to proceed with this Agreement. If IJritten notice of walver of the development condition is not delivered to the Vendor on or before the expiration of the conditlonal period, this Agreement of Purchase and Sale shall autCllllatically become null and void, in IJhich event the Vendor shall forthwith repay to the Purchaser all deposit monies IJithout deduction, and all parties to thlS Agreement shall thereafter be relieved of any obligatlon or liability hel'eunder. 2. From and aiter the date of acceptance hereof, the Purchaser shall be entitled to enter upon the whole or any part of the subject lands to undertake surveys and' such tes ts as the Purchaser lDay, in its discretlon, require, provided that the Purchaser shall restore the lands to their orlginal condition at lts sole cost and expense. J. The Purchaser represents that it is now a.. will by no later than : the closing date be registered for the pUrposes of the Goods and Services \ Tax ("CST") in accordance with the applicable provisions in that regard pursuant to the Excise Tax Act of Canada, as amended. The Purchaser covenants to deliver a Statutory Oeclal'ation on closing confirming its CST registration number, which shall be conclusive of such CST registration, and shall preclude the Vendor fl'OID collection of CST from the Purchaser on closing. The Purchaser further covenants to deliver an indemnity in favour of the Vendor on closing as to any obligation or liability for paynlent of CST arising from completion of this Agreement. y GIlNII!..SCII/llAT.AGA . AUTHORITY MEETING #4/96, May 31, 1996 A 122 fQN U:aC.N 1"1: PNQ~ lJf OHfAlllQ AGREEMENT OF PURCHASE AND SALE PURCHASER. ~J ~ ~S ;:'~ /~&Jm R .;f!~ . off... 10 buy fram VENDOR, 1M M.uapoIiIM T~ UlIi R.lion COIIM",alioa AIIIlIorily, lhraulla no .....' Ilia followial PROPERTY: I'M aHa IS. ("--ion 7, City ofVMlShan. R.lional MlIIIicipaIily oI'Yor\,;, ,-.iaiallS a.c:nI. maw. or.... .11....0 II U. _ U. _ aide 01' Illiapan ""ClUe, IGUIb 01' Ru&hafani 1lGIIlI..& .. .lIown 'rou bMdIed on I" _I*' ScllOllulo - A' II ... PURCHASE PRICE of: ~ ArW ~~ !>" ~ t:t:1. ",-t CAN.DI.N DO"".' (SCAN /.~ tjJ ('('It-. 110 widl y .pp&abIo Goocb UlIi S.",i;u Tu. If lit. .na of .It. Propony .. dolarIIUn.J by VUlIior'llUrY.yar ia mar. or I... lIIuIIS _, lit. Pun:bue Pric. IbaU be iacraaMll ar &lcc,...0.I. .. I" cue IIIIIY be, II .1Ia r.... 01 S ~CO por Kro, calcWaaed 10 Ibno dccima.l pIacaa. I. PURCIASER aubmiu wilh Ihia Off.r 51' allbo Plucauo Price payable by cani/iod '......Ia lhe Vendar.. . d.""ail la b. halo! by il pan&.linl ,amplalian ar lIlbar lormiaatioa allhia "1_ uMl 10 b. C"",lIeW .>11 _ of I" Purchaao PIl'. on ~ampIClion; anti 2. PURCIASER ..rea 10 pay Iho balan&:o ollbo Purehue Prico by cuh ar ,onified chequo an ,lallftl 10 Ihe Vendor IUbjcello lho adj"'"N:",a herein pronlal. J. (.1 Thil Asreen""l ;1 subjcel la Iha followinl condiliol\l, whi,h arc for Iha bonefil oi VeNlor, uelng lall.lie&l on or prior 10 1110 'lwlIIg oi lhia 1raa&aal:1l01l: (il lhe Ventlor obl.ining appro".1 offbo Minillor 01 NaI..r.l Raourea ponnilllftSlllO lelllhe Propeny; (iil Ihil ^Srcc.ftCftl bein, .ppro"ed by lho ElceUli"o COInmilleo and Mambon of lhe Ventlor; (iii) . 'onaonl h.. been obl.ined pur_ 10 Se"ion SO ollbo Plannins ^;t, 1990. al Vendor'l o:oM, wiLlIOU& conditions ..uKhinllbaao or if lU'y 'allllilial\l .ra allKhad 10 the eonaent, IlIey .ro lUili,..;lory la V entlar, II by lhe Clolin, OliO lboao ,andilio"" ... nlll laIilfial, V olllior may ollend lhe Clolin. 0"0 by IIOIK:o li"on .. any limo ..p 10 lhe Clo.in. 0... la """h...er 10 any <ialo nol IlIor lhan Oocen"",r J I. 1996 (lho -!.Mer Cloa.nl OliO'). II by the Cloalnlll... or lb. ~Ier Cloainl 0.... lhu. ,ontlilion. ... IlOl ...i.lied. Iho L1epa.il wilh inle....1 aball lie returned 10 P\arcll..er anti eacb Ollbo pan.". .1...11 u. rel....ed ironl all 01 Ihc" oblig"IOII>> herein. (bl Pun:hucr &e:Itnowlcdsol il il &Olely ....pa""ibla for any .mauNl required 10 be paid 10 any muni,ipal or OIher ,0"Omlnenla. aulhorilY in,IUl.Iilll WI levie., lieveluptllClll ,b.rga or buiWing ponnlll or OIlllerwi.e Ih.1 llI.y be rcquue&l pCUIr 10 lilY impruvelllellh ur buiklillll' lIeill!: 'ou.ln.".... UII Ihe I'Npony .1111 .u,h amOIlN. arc 'Wi lII~hlll.a.l illlh. 1~IC~ha.. Pri'e. (el I'Ilrch..er .hallundenake on do>>inS and illhall be . condilion oi dOling for Vendor'l benefil Ihal PIlrchuer hu ullllen.kell .1 follow., (i) Pureh.lor .hall 'O""IN'I II ill &:osl .lon. lhe bountl.ry belwOCll lhe Propony anli Iho IIlijoi.UftIl property 01 Ventlor a 6 1_ bl..:k vinyl ~b.mlink fenco 10 lhe aaandan'" u ;. lhen normally IIelllS 'OIIIlNClaI by VCGior II iu OIher p.openi.. wilhin .il monllu of Iho Clolinl O..a; (ii) Purchuer lhall calabliah wilhia ail mandUl allhe Cloain. OliO "el_ad buffer .r.. 01 epprOlinl&lely 10 IlIelr.. wM!o WI VCllliur'. pro,..,y alOllllh. propony bountI.ry 0111... I'ropolly a.1II lhe ..&;oinillll property o. Iho Ve...lur .1 1'I.n:h....'o co., ,anal>lilll of . ;ombilluian ..I .uo. ....... ape,i... of ....i". varietie. ..I planl m.leri.1 in OCl:or&ianco wilb Ih. f..llowlIIl 1..M!"linca: JO~ .bNbl; J5% b...rool ....... 15" ,.Ii...., I,... wi.h a rllio 0160" ,oniloroua and 40% oI"ciLl........ wilh rOIpc;1 I.. Iho ba.eroOl ...1&1 'alifler Iro:c.a. .11 in a&:,or&!anc;o wilh a plulllnl pl.n prefl.rcd by 1'IIr~ha.er and "I1f1",ved in wriliulI by \le.III"r, o,,,h appro"al nol 10 b" w"..a,,".bly wl.bbelol: (iii) ''I"d..ler .h.1I cOlIIl'ly wllh .11 Mumc;".' relfuilemenll ror Iho nlluro uao ollhe Propcny, (dl l'llreh....r acknowlalll"" Ihallhe TIlIII>>fer/Dcc.lla the Property Ih..1I ,onl..n rOllri;ti"o 'ovenanlllhal will proviole .1 i..llowl, . (il prohibll Ihe UIO of Ihe Propony for any purpole or ..oa OIhor lban . ..10 DOl coNr.ry 10 VetuJor S OUICo(.IIVCJ InJ wllleh .loCI nOI nCI;all"clv I IUU'"", 1 Vc:n&Jor $. AlJioln'n~ I.."".., A123 AUTHORITY MEETING #4/96, May 31, 1996 2. , . (ii) -- - fna 1M Pra,.Iy willlIII pIIIIIiI&8d 10 _ _ VlIIdor'l .djoiaiaa pro...., lIIIleu lhe w_ _ 01 1M v..... it fin& aIIIaiMd; (iii) lID ,,_, iaIprav-. or ~ IbaII be pMIIiu8d aa lhe PnIfl-ny uniaI and UIIIil PIIn:lIuer hu Iin&: (A) _1IICIId 6 fOOl bUck Yiayl c:baia liaIl: f_ .. ill COlI aiaa. 1M baunliary bolI_ UIe Praputy lIIId u.. M1jaiAia. prapeny 01 u.. Vadar ollb. IIADIWd .. il Ibeo nanualJy bciu. gw&RICI" II)' V Cllliar far ill adwr JII'lIfIU'iu; CD) a&a!lliaiMd a v....... buR... _ of a~.imIIeIl' 10 maru wid. aa Vcodar'., M1jDiuiDl prafIIIIIY UDaa U. bauadary ollb. Pro,*,y lIIId lbe adjaiaial prapony of I'" V..IlloIa, COIIIIWin. o( a ClllllbiuMiaa ..( .u.. and .,-iooa o( .....va Yd,;....". .... pldDI ....."lial in ","o"""",a wilb I'" (01.......... ....1_: JO,," IIIAlba: JS,," buvaua _ JS,," calipo, .... wilh . ...io o( 60"" ~("'..... ....I '"'''" ~....... wilb IWpKIIO aha banrao& .... cali..... ....., all in "".:onl..",e w..h . pl.oll"l plan pr.pant.i by ""rchucr _ .pproveo! ill wri..... by V....I..,. ....h IfII'roYdI nAl 10 b. UlII-..bly withllCW; (e) ""rch.... hu aaaitiied Vendor il will only .... Slonnwaler Bal Managemcnl PracllcCI; (0) camplci" an .rchuololic:al Invwiglllion IIlIi c:any 0111 lUll' muiglllive Ic\lon 'allAllClary la V .:Illl..r. NAlwilllllandinl lbe work re(erred 10 in ilel1\l (A), (8). (el aad (01 above h.. nol bee.. compieaed. ""rch..er IIIeY cammenc:c COIlOlNc..an of $lNClure.. 'D1praVCnaenll ..r .J"vcIOfl'''CIII if;1 h... .iN .....violurJ >aoUnly fur Ihe .JuIlOS of ...ch warlo; r....o...hly .....1""'''' Y 10 VcnrJor. ~. PURCIIASER 'INCllhaI lhia Offer .hall be irrevocable by Rim ulUlI II:S9 p.m. on lbe ~Ih ",y 0" J..ne, 19% "''''r whio:h IU..... if..... ........... Ih.. Oiler .10.11 u.. ....II ..... Vo.... ..... ,I... ...,....iI .10.11 be '.1......... I.. I~"ch..~r widlOUl in,.,,:,, or ,JaJu,r,;a....n. S. nus AIRlCIncnI. oubjuc:lIO par'ltaph J(a). .h.1I be cOIll..I.I.... on II", 161b ",y of Scpc....b..r. 1996 ("C':IOIIIIC Dille'). Upon cam"leaian. v~ pu......ion ..f Ihe pr..peny .h.1I .... Clv"lIlu l'urch....r. 6. PURCUASER .hall be .1I0wed unail S:OO p.nl. on 1110 I.. &lay of A"g".I. 1996 CRc:qui.ilion Oale) 10 ca.."ill. 1110 lid. 10 lhe Pro""ny '" hiI own ll&PC:IlH, 7. VENDOR IUIlJ Pun:huer llree lhaI llIore is no condilian. uprcss or implied, repraCnlalion 0' wa"U1IY of any ki111l IIl&1lh.. futur.. "lIellllcd lUO of Ihe l'rol'Cny by Purch...r II or will be lawful. 11. PURCIIASER IICkno...l...Jsa h.vinl iftlpeclcd Ibe Prapeny prior 10 .ubmiuing IbU Orler and und.nl.nd. Ihlll "polllh. Vea.....r ac.:epullIllaia Oller II...re .1..11 h.. . bulIlinc .sr..III.m ..e ,...d_.. ..Ill ..1.. "...w..." .~..ch..cr ..... V........r ..... II", l'Il..:II.....r .lIr""" lu """,c," II", "rop:ny II .. ..111 .~Io;nuwledl.. lhaI Ih. I'\lr~h....r h.. ,luII~ il. OW" I"". ..Ill Ill) cl."". Will ".. "wl.. III COIIIICCIIUII wilh Ihe .nVIIUIII.II:III.1 colllliliDII ue Ilk: pr.""..o. 9. ptJRCUASER .hall nol call (Dr lhe prodllClion o( any lill. .."..... lIb..raCI. w",ey or Alher eviolenc. of lill. 10 Ib. Propeny caC:CplllUCh .. .,. ,n II.. poa....iulI or coaurol .., V.RUor, VcIllIor alrc.. IhaI h. Will "elivc, .IIY akc&ch or _y o( 1110 !"ropcny ill hiI ~ion or wiahin hia ~OIII..ullu Pureh.."r .. .0011 .. ""..ibl.. anaj prior 10 II.. 1..1 &lay .1I0w.... f..r C&U1l1nlnllill... 10. PROVIDED IhaI lhe lill. 10 the Propeny i. load IIIId (ree frOllI all r"lill.red ruariclioftl, cherl.a. lienl. anaj aacumbruteea elICCpl .. OIh..rwi.. .pecirtc:elly provided in Ihi. Allr."''''II' UII.I "Va ..... un... (or: (.) .IIY f1Ilial..raj rcIlric:aiolll or cov.na"lI II... Nn wilh lhe !"ropeny provi..illlllll&l auc:h .r. co.npli... wilh, (b) ...y f1IliaaerarJ lIlIInic:ipal '111OCIIlClIlII ua.J relllllercd ..rClenaelUa wilh I"lblicly rellll....... IIlilili... pruvwin, .uch h.v. been c:on1pli.J wi'h, or lOCumy h.. .....n poasarJ 10 ......r.. c"lIIpliuac.. ..... ~amplclioll: .. evlllalaccd by . I~u"r fronl the r.lavUll "l&Il1icipalilY or r..s"lalcd Illilily; (c) ...y n,,"or ...c"....II. r..r II", .upply uf "un...uo: ,,"lilY or 1..I.phun.. ...",io:.. lu II", Propeny or IIIIjac:1IIII prO".III....: .1llI (... ..IY ....."IIIIU. lor ..r.....'... I&or'" ..r unl.ary ..wer., public nlilily Illlea, le.lcphQIIO bnca, l.:ahlo '.I.vi.i.on Ii.... or ""lair .etvi.,;.. which Ju nul malerially af("llh.. pr........ "... of lhe l'rol'Cny. I( '... ilhlll II", .pc.;ilicd I""... re("rr.... 10 m ...ralr.ph () ."y v.lioI obja:lion 10 lill.. or lu .n)' ....1..eno.tinS lII..nicipal wurl> o1r".r or .J~liO:I.IICY IlCNIC.. i. "...... ill wrillll,ID V"...Iar ..... whi.:h Vo:.lIlur I. u..."I~ or IInwillin!: I.. 'CIIIUV~. r"",cdy ur ..Ii.ly ....1 which 1",,~I....r wIIIIIIl' ...v-.:, &Ilia "lr~l,,=n. nunwuhshaall.hul any m'cnn-:&Ji.h: a':I" or 1tl,:lull.I&uu. .., rc.tICC1 gf luch ub."..un.. .1...11 La" aJ .., ......... ..1111101''''' lI"'raulu.~ f'Ila.J .1..11 b. r.lurn"" wllhuu' 1IO'~r..1 or .1....uCIlOR ..Ill V.'.....r .10.11"..1 bc li."I. ...r .ny co... ..r ........sc.. :;.... II lu ,,,y v.b.. ubj....:..uu ... ......e by .u~h "IY .,111 ..ue,," lur .uy ob;oclion 10lnl 10 Ihe rUOl 01 .he Iltle. I~"ch...r .h.n lta l.uu..Jua..W'.:ly J.:cu.Q) It.>> h.we .Cl:CllloJ Vel..J.or'. 11&1-: ,.. Ih.. Propeny. . AUTHORITY MEETING #4/96, May 31, 1996 A124 J. II. PROVIDED IbaI IhU "Ir- &ball be dl'eai... 10 _ aD ..... . I'" ......,. aa1y if 1"- ouUdi"i.ioA _rill pnI"..1OIII ollhe PU"",,! A&:I, 1990 aro CGIIIpIMd willa b, V.-o, 011 or 1Id.,,0 cOIIIpl.&Iol\. - VENDOR np'IIMIlU II... i& ahell be IllM . nan-....u.. of C.... wiaIlia IiIe __I 01.,,- 1_14 r"" Ae, 011 12. .... CIoaIllI D_. 11. ANY rully au.., local in'proll_ chari" &ball be apponMM.i aIIIi allowed 10 lhe cia, 01 cOInple.._ (.h.. "-y '.....110 be appon.on.d 10 1'urcnue.I. 101. TilE TRAI{.r/Oeed .hall, ..... (or ,'''' Und TRAI(.,. Tea "lfllJc"i1I, be prcpand . '.Iw,abl. (om. .. .he II&ponM o{ Vendor. n.. T,anaicr/l~ 10 be oWiwnd 011 conI"''''' ....11 ClIlIIaUllbe Il_ncna. COlllca",.lal"'" b, ,I.... 50(22) o{ .h. """",U., A"', 1990. . IS. TIME ohaIl in all -pccu be 0'.... - he-' pro"..... Ih.. .... .. (06 delia, or con'plaIiII. or uy ,......, proviJocd for herein n..y be "'~ or abri4,coI b, an C,~,_ ill wrilill. .i,,,cd b, Vendo, ...d l'II,~ha...' 0' b, .1";, rapcc'i". aoliciaon wbo ... ""tab, a&Pf'IlIlII, .""".... ill IIIia ,o,arll. 16. ANY ..""or o( no&icaa, lIocumana. or -, IIeraunda, ....y be Rlad. upon Ven&Ia, or ....'eh..., 0' ....." lUf*&i". aolicia.on. MOIIIIY may be laI&IarO&i by baulo. IIran or c1lC1f11e ccnilic&l by . Sebc&lul. I e'....'e'c&I loa".. or l'ro"llll:o ui Olllario Savin,. OlflCo. 17. TillS "1__ inchli... acha.lul.. aIIaoCh.ld hanao ahaII CORIlI&Ul. .... _i,. ..'e......... between ,h. "",eh..c, ..... Vcn&lo,. There II no rcprclcru.AI.Gn. ""."aNy I coU.aer.' -.'""lenl or Condllion. wne'her JUC";I \Jf _oU..e,al. or caprcll or Inap.."" which .lIIJucaJ UIY pan)' ht.;rclo 10 caller inlQ Ibll "llcellll:nl or On '*'hl"l. ,ch.nc. ,. piac.... uy u.y I""h f'IU'Y. 0' ..hieh .11",.. ,I... "'Ircem".., 01' .h. P'o....ny 0' '"p,,,,n''''' hcr~IIY ...h". Ih..... c.",.......... hc,,,m. TIIII "'KNCIll....' .h.lI b" ,...... w..h ..II ~h...Ke. oi Ke."'", 0' IIl1mue, ''''I''"~'' hy III.; -';UIII.&'. In ahe t:vcu. u. con.h.,;1 h':lwt;.:.n IJfUVIllUn \IIllIlen ur IYtlcd In .hi. .sr,:clucn, .uw "ny pruvl)tQII lit 'h~ IIIII~'" ,...."11&.10:,.....111'" W<l'Io," or IYP"'i,ar.."...on .h.lI ."1.....",1.: .1... prim... 1"0"'>10'" '01 .hc ell""1 01 ....10 ~"'IIIi~&. OATEO/~ ' .hi. L day o( ~ . 19f;t SIC NED. SEALEO ANO OEI.IVEREO ) IN WITNESS wh.rco( II..vo "'rculllo lei my t.and and Ic.l: ;.......-01,. L : \""") 't4 - ) -21Z'73.,-/Y_YL_ 1/1... 'I. I ..'t--1 ~~ -, ~ - .- ) .~:..! (f),lIel U'..rc:b~crl ~Y/fj .-- (a~~1f ef:~ - ) (I Ie lI'..rclliUierl TilE lINIlEIlSIGNl::1l .ccep.. Ih.. abovc Olf",. . ,IN WITNESS whc,co( Vendor I... hcreulllo eacelll. Ihil AlrcenlCn.. ) TilE METROPOI.IT AN TORONTO AND RECION I CONSERVATION A1Tl'II0RITY ) ) -- ) Pcr:__.____._....___ . .. - Illaul ) ) ) Per:. -_.. ...-....-.. -- ) ) We ha"" ...Iho,i.y 10 bi.... Ih. Corporal.n " , . A125 AUTHORITY MEETING #4/96, May 31, 1996 4. 0 ACKNOWUDGDfINT J/We acbawled.. ,.... 01 a .i.... c:apy ollhia uw. __wled.. ..... of a .i... copy 01 lhi. ICCCped AlnaI_ of Pwchaaa aad SUe aad u&bDriza -..a ^..- of PIucbue MId Sale UIIl MIlIloNe e copy to be C_anIad to my/our lOiici&or a cap)' 10 be CO",anI.d to lilY/our 1Oi~lOr ..--- -----. 2A.oNL ~ J__ '1~ (lk~.fllfft (Vendor) (Dara) (P\ucbuer) (0... - ~ ,e 1L ~f/Pi (Veador) (Dare) (PIIrcMMt) 0'/) .I..:E~-- ~/.- --_.... .-. ._.. .. - .- .'" /-/ __ . G.<=:' Veador'. Adllru. Pllrchuer'. Addreu LJES7J,J ~ .:.lY..l YS-37' 'relemone Ho. Telephone No. (\)E:\L- "J. ('r\~P\tEE 0 Vendor, Solicilor I'Iarchuer', Solicitor 'T7<u.ST Bl.I..\\..o IN(; C~ f"AD A _L:Lla-l1A\lJt::R.Sl ry~ W. Solicllo,', Addr... Solicitor', Addra. W \r'\ o.s.O ~ ~ q fT 5P \ --__SlL~5.ce -Ra. :tQ.._... Telephone No, Telepholle No. , . AUTHORITY MEETING #4/96, May 31, 1996 A126 RES #A 78/96 - PROJECT FOR THE ACQUISITION OF THE AL TONA FOREST ENVIRONMENT ALL Y SIGNIFICANT AREA Minor amendment to the agreement to allow for the completion of the donation of property by Dr. J, Murray Speirs on the east side of Altona Road, south of Finch Avenue, East in the Town of Pickering. I Moved by: Brian Harrison Seconded by: Jim McMaster THAT WHEREAS the Authority by Resolution #A25/95, adopted on February 24, 1995, as amended by Resolution #A231/95, adopted on October 27, 1995 approved by way of a gift, the acquisition of lands from Dr. J. Murray Speirs on certain terms and conditions and the Authority by Resolution #A160/95, adopted on June 23, 1995, as amended by Resolution #A30/96, adopted on March 29, 1996 approved of the Altona Forest Environmental Management Plan, on a basis compatible with the requirements set out by Dr, J. Murray Speirs concerning the Ecological Reserve; AND WHEREAS Dr. J. Murray Speirs is concerned that the Altona Forest Environmental Management Plan will continue whether or not he resides on his adjoining lands and has requested that he or his niece Rosemary Speirs have the right to require the Altona Forest Management Plan be maintained; THAT the appropriate Authority officials be authorized and directed to execute the necessary agreement and any ancillary documents incidental to this gift with Dr. J. Murray Speirs and Rosemary Speirs. ........................,..............,..,....,.,..,......... CARRIED BACKGROUND The following documents will be available at the meeting should the Members wish to review them: (a) Resolution #A25/95, adopted by the Members of the Authority at Authority Meeting #1/95, held on February 24, 1995 (b) Resolution #A 160/95, adopted by the Members of the Authority at Meeting #5/95, held on June 23, 1995 (c) Resolution #A231/95, adopted by the Members of the Authority at Meeting #9/95, held on October 27, 1995 (d) Resolution #A30/96, adopted by the Members of the Authority at Meeting #2/96, held on March 29, 1996 are attached. (e) Copy of the agreement with Dr. J. Murray Speirs and Rosemary Speirs While agreement in principle for Dr. J, Murray Speirs to donate a 2,8 hectare portion of his property was obtained last year and substantial documentation was executed last fall, the transaction could not formally be completed until the Provincial government granted approval. Order-In-Council #268/96, approved and ordered by the Provincial government on February 14, 1996, has now been received. ANALYSIS In the process of arranging for completion of final documentation, the solicitors for Dr. J. Murray Speirs have raised a concern over the effect of Bill 26 which was subsequently enacted as the Savings and Restructuring Act 1996, In particular, Dr. Speirs thought that the Authority could be dissolved in which event the interests of Dr. Speirs might not be protected, To protect his interests, Dr. Speirs' solicitor has provided an agreement, which includes both Dr. Speirs and his niece Rosemary Speirs and provided that the terms of the Restrictive Covenant and the Altona Forest Environmental Plan be enforceable whether or not they reside on the adjoining land. The Authority's solicitor has advised that the request of Dr, Speirs's solicitor in this instance is reasonable. Dr. Speirs' solicitor has assured us that upon approval of the recommendation set out in this report, this transaction will close immediately. A127 AUTHORITY MEETING #4/96, May 31, 1996 Report prepared by: Mike Fenning, extension 223 For information contact: Don Prince, extension 221 or Mike Fenning, extension 223 . RES #A 79/96 - REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK Trident Food and Chemical Enterprises Inc, Amended basis for the purchase of partial taking and acquisition of riparian rights from property located on the south side of lakeshore Boulevard West from Trident Food and Chemical Enterprises Inc., under the "Revised Project for the Etobicoke Motel Strip Waterfront Park" , Moved by: Donna Patterson Seconded by: Eldred King THAT Res. #218/95 approved by the Members of the Authority at meeting #8/95 held on September 22, 1995 be amended by adding the following: (f) The Authority will use all reasonable efforts, and at its costs, to have By-law 1994/197, or any other by-law that permits after any amendments, with respect to the adjacent lands, zoning for at least 92 residential units, passed and no longer subject to appeal by December 31, 1997. If by December 31, 1997 such a by-law is not passed that is no longer subject to appeal, Trident Food and Chemical Enterprises Inc. shall be entitled to make an application to have a by-law passed that is not subject to appeal that permits with respect to the adjacent lands, zoning for at least 92 residential units at the Authority's expense but not to exceed $75,000.00 exclusive of G.S.T. and disbursements; (g) Trident Food and Chemical Enterprises Inc. shall immediately, grant to the Authority a permanent easement over part of ClS41183, designated as parts 3 & 4 on Plan 66R- 17038, City of Etobicoke, Municipality of Metropolitan Toronto for construction and use of the Public Amenity Area and Waterfront Drive; (h) THAT the Municipality of Metropolitan Toronto, City of Etobicoke and the Province of Ontario be so advised. , . . . . . . . . . . . . . . . , , , . . . . , . , . . . , . , . . . . . . . CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A128 BACKGROUND Authority Resolution #A218/95, adopted by the Members of the Authority at meeting #8/95, held on September 22, 1995, read as follows: THA T 0.467 acres, more or less, be purchased from Trident Food and Chemical Enterprises Inc. being part of CLS41183, designated as parts 3 & 4 on Plan 66R-17038, City of Etobicoke, Municipality of Metropolitan Toronto, on the basis as set out below: (a) That the purchase price be the nominal consideration of $2.00, plus payment of Vendor's reasonable legal costs; (b) In addition to the lands being conveyed, Trident Food and Chemical Enterprises Inc. is to convey to the Authority all shoreline, littoral and riparian rights, as a part of this transaction; (c) The City of Etobicoke has passed By-law 1994/197, or any other by-law and such by- law is no longer subject to appeal and that it permits, after any amendments, with respect to the adjacent lands, zoning for at least 92 residential units, or if no such zoning is given, the Authority shall have undertaken to transfer and provide in addition to the number of residential units granted under the said By-law, a sufficient number of such units so that the total number of such units allowed under the by-law and undertaken to be transferred and provided by the Authority is not less than 92 residential units and all applicable by-laws, rules, regulations and guidelines shall have been satisfied with respect to any transfer of units; (d) If five additional residential units become available, at any time, as a result of other owners in the secondary plan being awarded less residential units than provided in the aforesaid by-law as passed by the City of Etobicoke, the Authority shall not object to the transfer of, and the passage of any by-law transferring, up to five such residential units to vendor's adjacent lands from such other owner; (e) Completion of this transaction is subject to the obtaining approval of the City of Etobicoke and the Province of Ontario; THA T the Authority receive conveyance of the lands required, free from encumbrance subject to service easements required and subject to the Authority providing on closing, a restrictive covenant to be annexed to and binding upon the owners lands: (1) THA T the owners lands will not be used as a parking lot except by persons using or enjoying the Waterfront amenity areas which, in any event will not contain parking spaces for more than six cars in total; (2) THA T the owners lands will not have any building constructed thereon other than one- storey buildings used in conjunction with the maintenance, use and enjoyment of the Waterfront amenity areas, but in any event no parking structures will be permitted thereon or commercial buildings except for snack food stands or the like. THA T the Municipality of Metropolitan Toronto be so advised; THA T Gardiner, Roberts, Barristers and Solicitors, be instructed to complete this transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to paid; AND FURTHER THA T the appropriate Authority officials be authorized and directed to execute any documentation required, and obtain any additional approvals required. On February 28, 1996 the O,M,8, decision approving the Zoning by-law for the Motel Strip was handed A129 AUTHORITY MEETING #4/96, May 31, 1996 down, substantially in the form approved by the City of Etobicoke, Upon receipt of this favourable decision the Authority registered the Expropriation Plans. Subsequently the owners of Proudfoot Motels Limited requested Leave to Appeal the decision of the O,M.B, on a matter of law. The Divisional Court has now scheduled this matter to be heard on May 28/96, The commencement of construction of the public amenity area is scheduled to begin during June 1996 to ensure the necessary filling for the land base is completed by the Authority during 1996 and early 1997 to allow the City of Etobicoke to undertake the servicing and road construction in 1997, being carried out under the Federal/Provincial infrastructure program. Prior to commencing construction all existing agreements with owners must be completed or be in a form to ensure they can close. The original Trident Food and Chemical Enterprises Inc. transaction allowed for conveyance of required land for nominal consideration subject to approval of a by-law providing for 92 residential units and not subject to any further appeal. Since in this case the owner is being compensated with residential units, the owner will not complete the transaction without a guarantee of the units. However, the owner has agreed to an interim closing under which they will to convey to the Authority a permanent easement for construction of the Public Amenity Area including Waterfront Drive. This easement also allows the public to use the road and Public Amenity Area. On the interim closing the Authority will pay $71,788.59 in legal costs as earlier approved by the Authority. Trident Food and Chemical Enterprises Inc. has also agreed to consent to the granting of a crown patent in favour of the Authority to any adjoining unpatented land. If the by-law providing the 92 residential units is finalized by December 31, 1997, it will not be necessary for Trident Food and Chemical Enterprises Inc. to utilize the $75,000 set out in the recommendation. FUNDING DETAILS Funding for this project is available under Account Number 208-40-512, Etobicoke Motel Strip. Report prepared by: Mike Fenning, Ext, #223 For further information contact: Don Prince, Ext, #221 Mike Fenning, Ext. #223 AUTHORITY MEETING #4/96, May 31, 1996 A130 RES #A80/Q6 - SALE OF SURPLUS AUTHORITY LAND North East Corner of Jane Street and Steeles Avenue, City of Vaughan Receipt of a revised offer from 1177284 Ontario Limited for the purchase of surplus Authority land situate at the north east corner of Jane Street and Steeles Avenue, in the City of Vaughan, in the Regional Municipality of York. Moved by: Brian Harrison Seconded by: Eldred King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of an Agreement of Purchase and Sale from 1177284 Ontario Umited, for the purchase of the surplus pa~cel of Authority owned land situate at the north east corner of Jane Street and Steeles Avenue, in the City of Vaughan in the Regional Municipality of York; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to complete a sale to 1177284 Ontario Umited in this instance; THAT a parcel of surplus Authority owned land, containing a total of 1.74 hectares (4.3 acres) be sold to 1177284 Ontario Limited, said land being Part of Lot 1, Concession 5 and Part of the road allowance between Concessions 4 and 5, City of Vaughan, Regional Municipality of York, designated as Parts 1, 2, 3, 4,11 and 14 on Plan 65R-9104; THAT the Authority request the approval of the Minister of Natural Resources to complete the sale of the subject land on the following terms and conditions: (1) The sale price is to be the sum of $1,274,900.00, i.e. $1,474,900.00 less $200,000 on account of lot levies, development charges and school board charges; (2) The deposit payable to the Authority is to be the sum of $73,745.00; (3) The Purchaser agrees to assume the costs associated with the application to the City of Vaughan for zoning by-law amendments and official plan amendments; (4) The property is to be developed for use as a cemetery and crematorium; (5) The Purchaser agrees to assume the Authority's conditions as earlier set out by the members of the Authority: a) The Purchaser shall be required, at its expense, to obtain site plan approval, building permits including authorizations required from all municipal, regional and other government bodies having jurisdiction to permit the construction of burial plots, mausoleums, columbariums, crematorium chapel and cemetery; b) No building shall exceed six stories in height; c) No gasoline filling stations or obnoxious industrial or commercial uses shall be permitted; d) The development concept and details must be compatible with surrounding Authority resources, specifically Black Creek Pioneer Village; e) The development approval shall include a mitigation plan for vegetation preservation which is acceptable to the Authority; continued... A131 AUTHORITY MEETING #4/96, May 31, 1996 f) The Purchaser shall control the quantity and quality of the storm water emanating from the site in a manner acceptable to the Authority; (6) Completion of the sale is to be subject to the Purchaser obtaining approval to construct a cemetery and crematorium on or before the closing date from all relevant approval authorities; (7) The Purchaser has a first right after former owners, to purchase additional Authority land on the west side of Jane Street, north of Steeles Avenue at market value if the Authority at some future date declares it surplus; (8) Any additional considerations as are deemed appropriate by the Authority solicitor; THAT the sale be subject to approval of the Minister of Natural Resources in accordance with Section 21(2) of The Conservation Authorities Act R.S.O. 1990, Chapter 27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. AMENDMENT RES #A81/96 Moved by: Brian Harrison Seconded by: Jim McMaster THAT recommendation (7)- " The Purchaser has a first right after former owners, to purchase additional Authority land on the west side of JaM 5tl'8et, north of 5tee/es Awnue at market value if the Authority at some future date declal'8s it surplus;" - of the main motion be deleted. THE AMENDMENT WAS . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . CARRIED RECORDED VOTE - MAIN MOTION AS AMENDED Patrick Abtan .,......,....".....,.....,...,...,.,.,...................... Yea Randy Barber ...,......."..."..,.,.".....,...,.,..".,.,...,........... Nay Lorna Bissell ..".,.....,..,.,...,...,...,...".".,.......,.,.".......... Yea Alan Christie , . . , . , . , , . , , . . , , . . . , , . . , , . . , , , . , , , . , . . , . . . . . . , . . . , . . . . . . . . . . . . Yea Michael Di Biase ,.,..,..,..."..".......,.......,......................... Yea Lois Griffin .,.".,.,..,.."..."..",."..."..,.......,.,................ Yea Brian Harrison . . . . , . , . . , . . . , . . . , , . . . , . . . , . . . , , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . Nay Norman Kelly ........................,........,............,...........,.. Nay Eldred King . , , , . . , . . . . , , . , . . . . , , . , , . . . . . . . . . , . . , . . . . . . . , . . . . . . . . . . . . . . . . . . Yea Jim McMaster. , , , . . , . . , . . . , . . , , . . , . . . , , . . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard O'Brien, . , . , , . , , . . . . . . . . . . , . . , . . . . . . . . . . , . . . . . , . . , , , . . , . . . . . . . . . . . . Nay Case Ootes , . . . . . . . . . . . . . . . . . . , . . , . . . , . . . , . . , , . . . . . , . . . . . . . . . . . . . . . . . . . . . . Yea Donna Patterson .,....,......".."."...,...,....,..,..,..,."............ Yea Enrico Pistritto ..,....,.....,........".",.",."..,..,.,.,."......".,.. Yea Paul Raina. . , . , . , , . , . . . . , , . . , , . , , , . , , , , , , . , , , . , , . . . , . . , . . . . . . . , , . . . , . , , . , . Yea Deborah Sword, . , . . . . , , . , , . , , , , , , . , . , . . , . . . , , , , , . . , . , , . , . , , , , . , . , . . , . . , . . . Yea Richard Whitehead ....,.,...,.."..".."."..".".".,..,."...,.,.,..... Yea THE MAIN MOTION, AS AMENDED, WAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . CARRIED BACKGROUND At the most recent Executive Committee meeting staff brought to the attention of the Members of the AUTHORITY MEETING #4/96, May 31,1996 A132 Committee an offer dated April 29, 1996 from 1177284 Ontario Limited. At that time the offer was not recommended by staff, The Members of the Executive Committee at meeting #3, held on May 10, 1 996 and staff indicated a number of concerns regarding the original offer which is attached to item # 3 of the Executive Committee minutes, These concerns together with comments are as follows: (a) ~n!:t nf the 7nning hV-law amenttment~ and nffir.ial plan amendment~ The original offer by the purchaser required that the Authority pay all costs associated with zoning by-law amendments and official plan amendments. The Purchaser has now agreed to assume these costs. (b) The payment by the Allthnrity nf the ~'nn non fnr varinll~ develnpment r.h:uges. The Purchaser has indicated that to make the transaction financially viable for a cemetery use they can only pay 50% of the development charges which were estimated to be a minimum of $400,000. The Authority's share is limited to $200,000 and is reflected in the sale price, This has not changed since the May 10 request, (c) The fir!:t right nf refll~al nn Allthnrity land nn the nnrth we!:t r.nrner nf .Iane Street ~nd SteelR~ Avenlle The Purchaser had indicated that they will require additional burial space in the future. The Purchaser had indicated they would not proceed with this transaction if they do not have a first right of refusal on the additional land. This clause has been changed to allow the Authority to first offer these lands to the former owners of the properties, Any sale would be at full market value. The Authority also retains the right to use or occupy the lands for public purposes. This transaction is scheduled to close in December 1996 subject to the Purchaser obtaining zoning by- law amendments, official plan amendments, site plan approvals and various approvals to use the site for cemetery purposes. If these conditions are not satisfied by November 30, 1996, the Purchaser has the option to extend the conditional period to June 30, 1997 subject to paying a non-refundable payment of $3,000 per month commencing January 1, 1997, Also if the conditions are not satisfied, the Purchaser has an option for an additional extension to December 31, 1997 upon paying an additional deposit of $147,490, If any of the conditions of this Agreement are not satisfied by the times specified, the Agreement will be terminated and the Authority has the right to retain all interest on the deposits. There is no commission or finders fee payable on this transaction by the Authority. However the Purchaser was introduced to this property by a representative of Weston Larkin Inc. and staff have been advised by the Purchaser that Weston Larkin Inc. will be paid a finders fee directly by the Purchaser, Preliminary investigations indicate that the proposed use is acceptable to staff and officials of the City of Vaughan. Also, it is our understanding from preliminary discussions, that this use appears acceptable to the abutting property owner, United Parcel Services who had objected strenuously to the earlier proposed residential use. UPS has indicated they will continue to object to any proposed residential use of the property, . George Damiani, the principal of 1177284 Ontario Limited has recently become associated with Gardiner, Roberts, Barristers and Solicitors, As a result, Mr. Steven Iczkovitz of Borden & Elliot Barristers and Solicitors has been engaged to deal with this matter. The Damiani family is also associated with the Ward Damiani Funeral Home, who have a chapel on Highway #7 in the City of Vaughan, A133 AUTHORITY MEETING #4/96, May 31, 1996 The previous transaction with 970545 Ontario Limited was signed in early 1993 for $2.15 million based on the Purchaser achieving 150 residential housing units. Receipt of this offer came after the public proposal call in 1991 for sale or lease development of the subject parcel under which no substantive offers were received, The land value proposed to be paid by the purchaser was viable for the purchaser on the basis of his proposed development being carried out under the Government assisted affordable housing program, Due to the delays in achieving the required zoning and the cancellation of the affordable housing program, the original development became non-viable for the previous purchaser, The Authority under the previous transaction achieved the removal of the land from the extremely restrictive parkway belt zoning at the cost of the Purchaser. In view of the numerous high density residential sites currently available on the market resulting from the cancellation of the assisted housing program, the highest and best use at this time is for other than residential purposes, The amount being achieved by the Authority ($1,274.900 or $296,488 per acre) at this time under this transaction is in line with current appraised values for lands of this nature and is in the range of the appraised value for the land in 1993 for other than the assisted affordable housing uses. A copy of this agreement as revised and as executed by the Purchaser is appended for the information of the members. FINANCIAL DETAILS There is an immediate need to proceed with the sale of this property to meet current acquisition commitments which are as follows: (A) Milne Hollow (Markovic) -Located in the vicinity of Lawrence Avenue and the Don Valley Parkway, City of North York Municipality of Metropolitan Toronto. (B) Humber Trail Links -Municipality of Metropolitan Toronto (C) Centennial Creek - City Of Scarborough, Municipality of Metropolitan Toronto. (D) Moore Property- Located on the west spit of Frenchman's Bay, Town of Pickering (E) Allan Property- Located on the south side of King Road, Town of Caledon (F) Broda Drive - City of Vaughan (G) Head Office Infrastructure Repairs Report prepared by: Mike Fenning, extension 223 For information contact: Don Prince, extension 221 or Mike Fenning, extension 223. AUTHORITY MEETING #4/96, May 31, 1996 A134 AGRF.F.MDn' OF PURCHASI!: AND SALE 1177284 ONTARIO UMlTED (the .Purdwcr"), offers to buy from The McuopolilaD Toronto and Region Conservation Authority (the .Vcndor"), through no agent, lhe following lands and . prmUscs io tbe City of Vaughan (the .Propeny"); Nonh East comer of Jane SlrCCl and SlCelcs A YeDUC, being Pan of Lot 1, CODCCSSion 5 and those pans of tile road aJlowance designated as Pans 1, 2, 3, 4, 11 and 14 on Refcrence: Plan 65R-9104 and containing 4.3 acres more or less and as shown cross Iwched on lhc attadJcd Sc:J1cdulc . A. at tile PURCHASE PRICE of: ONE MIWON FOUR HUNDRED AND SEVENTY FOUR THOUSAND NINE HUNDRED (SI.474,900.oo) DOLLARS in lawful money of Canada logcther with any applicablc goods and services laX. If the area of thc Propcny as determined by lhc Vendor's survcyor is more or less tban 4.3 acres, the Purchase Price shall be increased or dccrcascd, as the case may be, al L1le \ rate of $343,000.00 per acre, calculated to tbrcc dccimal places. l. The Pun:bascr submits with this Offer Seventy Three Thousand Seven Hundred and Fony-Fivc ($73,745.00) Dollars, being S'lr. of me Purchase Price payable by cenilieu cheque to the Vendor as a deposit 10 be held by it pending completion or OIher termination of Ihis Agreement and 10 be credited on account of LI1e Purchase Price on completion; and 2. The Purchaser agrees 10 pay LI1e balance of LI1e Purchase Price by c:LSh or cenified cheque on closing to the Vendor, subjcct 10 the usual adjustments. 3. (a) This Agreement is subjcct 10 LI1e following conditions being satisfied wllhin the time as hereinaiter limited, namely: (i) this Agreement being approved by LI1c Executive Commiuee and Members of LI1c Vendor on or before June 30, 1996; and (ii) the Vendor oblaining approval of LI1e Minister of Natural Resources permitting it to sell LI1e Propeny on or before October 30. 1996. The Vcndor may extend the condition date in sub-paragraph 3(a)(ii) for up 10 sixty (60) days if required. The Vendor covenants to keep LI1e Purchaser informed on a limely basis as to the status of such condilion. If either of LI1e foregoing conditions are not satisfied within me time so limited this Agreement shall be terminated, and the deposit returned to the Purchaser without interest or deduction, and Ihe panies shall be of no funher obligation hereunder. (b) (i) The obligation of the Purchaser 10 complele this transaction is subject 10 the following conditions, which are for the benefit of the Purchaser, being satisfied at the Purchaser's expense on or before November 30, 1996, namely: a) thaI the Purchaser (Ihrough Weston Larkin Inc., PlaMers or such other planning consultants as may be designated by the Purchaser) shall have obtained all necessary approvals under the Planning ACl (nol restricled to zoning by-law amendments and official plan amendments) to permit use of the Propeny, in accordance with the Purchaser's site plan, as a crematorium ami cemetery containing burial plots. mausoleums, columbariums ami a chapel. b) that the Purchaser shall have obtained at its expense the final approvals for Ihe Purchaser's d:velopment of the Propeny as a cemetery with burial plots, mausoleums and columbariums, cremalorium and chapel from: (A) City of Vaughan, (B) Medical Officer of Heallh under the Cemeteries Act under Ihe Ministry of . JY A135 AUTHORITY MEETING #4/96, May 31, 1996 :z Consumer and Commercial RelatioDS, (C) Ministry ofHcalth (soil, water. tables. grading), (D) Ministry of (be Environment (gnding, stonn water management, crematorium), (E) Minisuy of Transponation (access) and (F) Region of Yon (aca:ss); ant! c) that the Purchaser shall have obtained at its expense a site plan approval for the development of a crematorium and a:metery containing burial plots, mausoleums, columbariums and a chapel. 1bc foregoing conditions have been inserted for the benefit of the Purchaser, and any and/or all of same may be waived by it by notice in writing to the Vendor prior to the expiry of the cOndition date. If the foregoing conditions are not satisfied within the time so limiteu the Purchaser has the right to either: a) tenninate this Agreement, in which event this Agn:emem shall be tenninated. and the deposit returned to the Purchaser without interest or deduction, and the panies shall be of no funher obligation hereunder; or b) elect to extend the conditional period to June 30. 1997. Should the Purchaser have elected to extend the conditional period to June 30. 1997. as aforcsaiu and subsequently this Agreement IS [ennlnated by the Purchaser. the Vendor shall have the right to retain from the deposll a non-refundable payment of $3,000.00 per month payable on the first of each month (for the period of extensions commencing January I, 1997. which said $3.000 per month payments shall be credited on account of the Purchase Price on completion). If the City of Vaughan has passed the requisite by-law and official plan amendment by June 30, 1997, but such by-law and/or official plan amendment have been appealed to the Ontario Municipal Boanl, the Purchaser has [he right [0 ex [end [he time for satisfying the foregoing condition [0 December 31, 1997. and if such condition remains unsatisfieu by December 31, 1997, and has not been waIved. then the Purchaser has the right to [ennlnate [his Agreement, in which event this Agreement shall be tenninated. anu the deposit returneu to the Purchaser without interest or deduction (save as hereafter provided), and the panies shall be of no funher obligation hereunder. If such condition has not been satisfieu but the Purchaser has nO! [enninated withan the lime so limlled, lhe Purchascr shall be deemed to have waived such condition. The Purchaser agrees that in the event the conditional period is extended beyond June 30, 1997, it shall ueliver [0 the Vendor, on or before June 30, 1997 the sum of One Hundred arid Fony-Seven Thousand Four Hundred and Ninety ($ 147 ,490.00) dollars, payable by cenific:u che4uc to the Vendor as a funher deposil on account of the purchase price, 10 be held by it pending completion or other tennination of this Agrcemcnt and to be credited on account of the purchase price on completion. - , (ii) The Vendor shall provide to the Purchaser on request all consents and authorizations as may be required by the Purchaser to make the applications referred to in this Agreement and provideu [hat the Vendor shall not incur any expenses or liabilities in respect lhereto save anu except as to Vendor's legal fees and disbursements in respect to lhe foregoing (it being clearly agreed that the Purchaser shall not be responsible for Vendor's legal fees and disbursements). Withoullimiting the genC:r:llilY of lhe foregoing, the Purchaser expressly acknowledges lhat the Purchaser shall be solely responsible for any and all expenses Incurred . /!/ AUTHORITY MEETING #4/96, May 31, 1996 A136 J by il in rcspca of suisfyiq lbis ~i'iOll aWl as afOftSlid. The Purchaser covenanu 10 forthwith apply for, and diligendy and expediliously punue the obcaining of all ncc:Cssary approvais referred to in this su~paragraph, and the Purchaser shall use ilS besl effons 10 obtain . the wisfaczion of such condilion widliD the time so limited, and shall keep the Vendor ~nably infonned of iu progress from time to time. (iii) II is aclcnowlcdgcd that the Purchaser sbaU keep the Vendor infonned as 10 its progress widl the satisfaction of such coDditioos. In the evenl the Pun:bascr determines, aczing reasonably, dial nolwithsunding its besl ", effons il cannol satisfy the foregoing coDditiODS widUn the prescribed \ times il shall advise the Vendor in writing and shall lCnnilWC this Agreement in which event this Agrccmem shaJl be terminated and the deposit retUrned to the Purchaser wilhoul interest or deduction (save as provided he~in) and the panics shall be of no funber obligation hereunder, (c) The Vendor shall credil the Purchaser on closing with an allowance on account of the Purchase Price in an amounl equal to the lesser of $200,000.00 or $200.000.00 less 50% of the pennancnt reduction in the lotlevics. development chargcs and school board charges for City of Vaughan Services, York Region. and the Boards of Education that are to be paid by the Purchaser for lhe Purchaser's proposed crematorium and cemetery development on the Propeny (the .Chargcs.) obtained by the Vendor. Provided that, in the event that the credit of 50% of the permanent reduction in the charges shall exceed the sum of $200.000.00. the Vendor shall not be entitled to a credit in excess of $200,000.00. The Vendor has no other or funher obligation In respcct of any such Chargcs. For the purposes of calculating the Charges the panics hereby agree on the following fonnula: Charges Per Square x 25.000 Square Feet Foot @ $60.00 per Square Foot City of Vaughan - $1.47 S 36,750.00 Region of York - $1.29 $ 32,250.00 Education Levy - 2.143 % of value S 32.145.00 Total Charges per acre $101,145.00 Times 4.3 acres x 4.3 $434.923.50 Rounded to $400,000.00 For the purposes of clarification, in the event the Vendor obtains for the Purchaser (or the Propeny. as the case may be) a pennanent reduction in any of the Charges then 50% of the amount of such reduction shall be applied as a credit in favour of the Vendor against such allowance in favour of the Purchaser. For the purposes of this paragraph. "pennancnt" shall mean that the appropriate authoritics, City of Vaughan. Region of York and the Education Boards shall have implemented such legislation that will be binding on the Purchaser and its assigns or the Propeny and that the Charges have been pennanently reduced, exempted or eliminated regardless of when development shall occur provided development is for a cemetery/crematorium use. The Purchaser shall have no financial or other responsibility for any costs or charges relating to any previous plaMing application for the Propeny incurred by . jJ/' A137 AUTHORITY MEETING #4/96. May 31, 1996 4 the Vendor or third parties prior to the entering imo of this Agreement and any and all of same shall be paw solely by the Vc:nl1or. (d) (i) The Purchaser shall accept title to the Propcny on closang subjcct to a restrictive covenant that provides that: (A) No building height shaJl exc:=d six SIOr'Cys: (B) No gasoline filling Slations or obnoxious industrial or commercial uses shall be permitted. This restriction shall not apply to cemetery or crematorium uses: (C) The developmcnI concept and dcuils must be compatible with surrounding Vendor resources, specifically Black Creek Pioneer Village. and shaJl have been approved by the Vendor. acting reasonably; (D) The development approval shall include a mlllgation plan for vegetation preservation which is acceptable to the Vendor; and (E) The Purchaser shall control the quantity and quality of the storm water emanating from the site in a malUler acceptable to the Vendor. (e) The obligation of the Purchaser to complete this transaction is also subject to the following condition. which IS for the benefit of the Purchaser, Jtthe Purchaser's expense on or before the time hereafter limited namely that the Purchaser shall have obtained on or before August 31. 1996 at its expense a Phase I Environmen~1 Report satisfactory to the Purchaser at the Purchaser's sole and absolute discretion. The Vendor and the Purchaser hereto acknowledge and confinn that the aforesaid condition con~ined In the preceding paragraph is included for the sole benefit of the Purchaser and may be unilaterally waived by the Purchaser at any time on or before August 31. 1996, by notice in writing to the Vendor In the event that the aforesaid condition has not been satisfied or waived by the Purchaser by such time. then this Agreement shall be null and void and of no further force and effect and the Vendor shall forthwith refund all deposit momes 10 the Purchaser without interest or deduction aforesaid and each of the parties shall be released from their obligations herein. If the Purchaser does not advise the Vendor on the status of this condition within the time so limited the Purchaser shall he deemed to have waived such condilion. (f) This Agreement is also conditional upon the Purchaser obtaining, at the Purchaser's expense. and being satisfied with, in its sole discretion, on or before July 31. 1996, preliminary indications from the Registrar under the Cemeteries Act. that a licence under such Cemeleries Act will be available to Ihe Purchaser for the establishment of a crematorium aed cemetery on the Property. failing which Ihis Agreement of Purchase and Sale shall be null and void Jnd all dc:posll monies shall be forthwith returned to the Purchaser without interest or deduction and C3ch of the parties shall be released from their oblig:llions herein. This condition is for the benefit of the Purchaser and may be waived by it. If the Purchaser does not advise the Vendor as 10 the status of this condition within the time so limited the Purchaser shall be dc:emed 10 have waived such condition. (g) Upon acceptance hereof, the Vendor agrees to allow the Purchaser's engineers, surveyors and consultants to enter upon the Propcny for the purposes of conducting soil tests and such other tests and examinations as may be prelimanary to the Purchaser's development of the Property, provided that the Property shall be restoreu by the Purchaser at its sole expense to the physical condition existinG y . AUTHORITY MEETING #4/96, May 31, 1996 A138 s prior to such rem and _,.minsrinas beiDg made. All sucb iavesUguions and u:sts shall be undcnaken solely a1 the expense of me Pun:bascr, and lhc Purchaser shaU indemnify and save hannless me Vendor in respect memo, including wilbOUlliinication payment by the Purcbascr of all accounts for services in fCSpcc1 thereto, aDd the Purchaser shall reasonably rcinswc any arrCCled lands or components of !be Building. In !be event the Pun:bascr shall not proccecl with Ibis uan.saaion for any reason whatsoever it shall provide me Vendor with copies of . aU such materials and rcpons obcaincd in rcspccl to such investigation. (h) The VClldor shall coopcr1lte wilb and use reasonable errons to assislthe Purchaser in its rezoning and offlCiaJ plan amendment applications, and provide all consents and authorizations as may be required as provided in this Agreement. 4. The Purchaser and Vendor acknowledge that me adjacent parcel to the cast of the Propcny is owned by !be City of Vaughan and is presently used as a storm water detention pond outlined in purple in Schedule. A. aaachcd (.Vaughan I..ands.). In the event me Vendor shall permit the water on the Vaughan Lands to drain into the Vendor's storm water detention pond on lhc south side of Steeles Avenue (.MiII Pond.) and if the Vendor shall acquire the Vaughan Lands. whether prior to or subscquentto closing date, !be Vendor shall or closing date grant to !be Purchaser the right of first opponunity lO acquire: the Vaughan Lands pursuant to !be same provisions of Scction 5 below I/IUIlJ/lS mwlJ1ldis. S. The Vendor owns property fronting on Jane Street Nonh of Steeles Avenue outlined in green on Schedule . A. atcached (.Jane Street Lands.) and the Vendor shall on lhe Closing Date grant to !be Purchaser the following right of first opponunity to acquire the Jane Street Lands: (a) If lhc Vendor desires to selllhc Jane Street I..ands or any pan !berc:of. the Vendor shall provide notice (!be .Vendor's Notice.) to the Purchaser of such propused sale. The Vendor's Notice shall scate that Lhc Vendor desires to sell the Jane Street Lands or a pan thereof, and shall set out the terms and conditions upon which and the price at which the Vendor desires to sell the Jane Street Lands or , a pan thereof. (b) Upon the Vendors Notice being given. the Purchaser shall have the right to enter into a binding non assignable agreement to purchase the Jane Street unds upun terms and conditions and at the price set out in the Vendor's Notice, within sixty (60) days of rc:ccipt of Vendor's notice. In the event the Purchaser does nOl deliver an Acceptance Notice. the Vendor shall be entitled to sell the Jane Street -- unds to any third pany within one hundred and eighty (180) days after the date that the Vendor's ~otice was provided to the Purchaser on terms and at a price no less favourable in the aggregate to the Vendor quantified from a monetary scandpoint than those set fOM in the Vendor's Notice (for the purposes hereof, the entering into of a bona fide agreement of purchase and sale shall satisfy such provision). Should !be Vendor propose to sell on tenns and at a price less favourable in the aggregate to the Vendor quantified from a monecary scandpoint than those set fonh in the Vendor's Notice it shall give the Purchaser a funher notice wi!b the proposed tenns and conditions of sale, and the Purchaser may, wi!bin the period uf founcen (14) days of receipt of such notice deliver to the Vendor on Acceptance Notice and agree to purchase the Propeny upon such same tenns and conditions. In the evcnt the Vendor reccives an unsolicited offer which it would, but for the existence of this Agrecment accept. the Vendor shall deliver a Vcndor's Notice in respcct thereto, and the Purchaser shall have sixty (60) days to deliver the Acceptancc Notice and the provisions hereof shall apply mUIlJlis mUlJJ1IIJis. (c) This right of first opponunilY shall not apply to the proposed sale by the Vendor of the Jane Street Lands to any person. corporation, trust or legal entity that IS in any way affiliatcd with, controlled by, or not at arm' s-Iength with the Vendor, . jJV A139 AUTHORITY MEETING #4/96, May 31, 1996 , and for the purposes of this provision any Crown agency or public authority shaH be deemed to be affiliated. nor shall this right of fU'Sl opponunity apply in rcspca to the granting of easctnc:ms or road dedicalioDS. ID addition, when: the protocols of the Vendor are such that previous OWl1Cr1 arc given purdwc oPPOrtUnities prior to open/public marlceting, such protocols shall lakc prccedc:ncc over this - rigilt of fim opportUnity. (d) This right of first opponunity shall be immcdiau:ly and awomaticaJly terminated upon the earlier of: (i) the sale of the Jane Street La.nds or any pan thereof by the Vendor in accordance with the tcnns hereof save and except for a sale to any person, corporation. trust or legal entity lJw is in any way affiliated with, controlled by, or not at ann's-Icngth with the Vendor, and; (ii) the default by the Purchaser in the completion of the purchase of the Jane Street Lands or any pan thereof following the Purchaser's exercise of the right of first opportUnity sct out herein. (e) This right of first opportUnity shall apply to the sale of any pan of the Jane Street Unds whelber or not it is to be sold as pan of a transaction involvmg other assets. In such case the Vendor's Notice shall include an allocation of the purchase price so as to allow the right of first opponunity to be exercIsed with respect to the interest in the Jane Street Lands to be sold. Any such allocauon shall be supponed by an opinion leller of any independent appraiser which shall be provided by the Vendor at Vendor's expense to the Purchaser with the Vendor's Notice. 6. The Purchaser covenants and agrees to and with the Vendor that in the event the Purchaser shall sell the Propeny without ImprovemelUS to a third pany purchaser for another use other than a cemetery/crematorium use within live years of closing, then the Purchaser shall pay to the Vendor 50% of Ihe Increase in purchase price over $1.474,900.00 less real cstate commission and other reasonable closing COSts. The foregoing does not apply 10 a sale or transfer for cemetery/crematorium and related uses. 7. The Purchaser agrees Ihatthis Offer shall be irrevocable by it until I :00 p.m. on June 4, 1996, after which ume. if not accepted, this Offer shall be null and VOid and the deposit shall be returned 10 Ihe Purchaser without interest or deduction. 8. This Agreement. shall be completed Ihiny (30) days after waiving or satisfying of all the -, conditions sct out in paragraph 3 hereof ("Closing Date"). Upon completion, vacant possession of Ihe Propeny shall be given 10 the Purchaser. 9. The Purchaser shall be allowed until 5:00 p.m. on the 15th day of October, 1996 (Requisition Date) 10 examine title to the Propeny, at his own expense. 10. The Vendor and Purchaser agree that there is no condition. express or implied, representation, warranty of any kind that the future intended use of the Propeny by the Purchaser is or will be lawful other than as set out in this Agreement. Purchaser shall satisfy itself as to the condition of the Propeny, including without limitation the environmental condition thereof. The Purchaser shall aa:ept the condiuon of the Propeny on closing on an "as-is, where-is. what-is" basis. Vendor stipulates that, to the best of its information, Icnowledge and belief: i) Vendor is not aware of any latent or patent defcct and/or condition of the propeny which would prevent, hamper or impede the Purchaser's developmenl Ihereof as a crematorium/cemetery use; /JV' . AU+HORITY MEETING #4/!Mi+ May ~1J.9Q6 A140 7 ii) VeDdor is DOl aware of my dangerous audlor blzanious mucrials aDd/or wastes and/or subsQI1CCS and/or condilions as all of samc arc ticfincd in the EnvlrofIJrreruaJ Protection Act, affcaing or which may affect Lhc ~ propcny . Subjecl to !he foregoing, the Purchascr explUSly acknowledges and agrees thaI it shall DOl havc, nor shall il make any claim of any ltiDd, cilhcr before or afier closing, againsl !he Vcndor relaling to lhc condition of Lhc Propcny in rcspccl of which !he Purchaser assumes full responsibility. 11. The Purchaser sban nol can for mc production of any titlc deed, absuact, survey or omcr evidence of tillc to mc Propcny except such as arc in lbc possession or contrOl of mc Vcndor. The Vcndor agrc:s that he will deliver any skctch or survcy of thc Propcny or any rcpons or stUdies of lhc Propeny in his possession or within his control to thc Purchaser as soon as possiblc aftcr aCCCPQncc and in any CVcnt within thiny (30) days of acceptance. 12. Provided thaI thc titlc to thc Propeny is good and free from all registered restrictions, charges, Iicns and cncumbrances cxcept as othcrwise specifically provided in thiS Agreement and savc and cxccpt for: (a) any registcred restrictions or covcnants that run with thc lands, providing that such arc complicd with: (b) any registcred municipal agreemcnts and registcrcd agrecments with publicly regulated utilities providing such havc bc:n complied with, or sccurny has bc:n posted to ensure compliance ami complction, as evidcnccd by a Icttcr from thc relevant municipality or regulated utility; (c) any minor easements for thc supply of domcstic utility or tclephone services to the propeny or adjaccnt propcnies: and (d) any easemcnts for drainagc. storm or sanitary sewers, public utility lines. tclcphone lines, cable tclcvision lines or other scrvices; provided that all of thc foregOing exccptions do not materially affect the usc of the Propcny as a cemctcry or a crcmatorium. If within the specified timcs referred to in paragraph 9 any valid objection to titlc or to any outstanding municipal work ordcr or dcficicncy notice is madc In writing to the Vcndor and which the Vcndor is unable or unwilling to removc, remcdy or satisfy and which thc Purchaser will not waivc, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies thcretofore paid shall be returncd with intcrest and without deduction and the Vcndor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objcction going to the root of titlc, thc Purchaser shall be conclusively deemed to have accepted the Vcndor's title to thc Propeny. 13. Subject to approval by thc Vcndor not to unreasonably withheld or unduly dclayed, the Purchaser shall havc thc right to assign this Agrecment of Purchase and Salc at any timc on or before Closing Dat~ to any person, company or corporation and upon such assignment and the assumption of thc Obligations of the Purchaser by the Assignee, all liability, if any, of thc Purchaser shall cease and tcrminate and the Vendor shall look only to such Assigncc for complction of this Agreement. 14. Thc Vendor represenlS that it shall not be a non-resident of Canada within the meaning of The income Tat Act on thc Closing Date. 15. Any realty taxes, local improvcmcnt charges shall be apponioncU and allowed to the day . of complction (thc day ilSClf to be apponioncd to thc Purchaser). , 16. Thc TransferlDccd shall, save for thc Land Transfer Tax Affidavits, be prepared in registrablc fonn at the cxpense of thc Vcndor. The Transfer/Dced to bc tielivercd on completion shall contain thc SQtemcnts contemplated by clause 50(22) of Tile Planning Act, 1990. 17. Time shall In all respects be of thc essence hereof provided that the time for doing or complellng of any mattcr provided for herein may be extended or abridged by an j)J/ . A141 AUTHORITY MEETING #4/96, May 31, 1996 . agr=mem in writing signed by the VCDdor and tbc Pun:bascr or by tbcir respective solicilOrs who are expressly appoilUed in lhis regard. 18. It is agreed that the panics shaJl execute and file any documents required, including, but not limited to, the Form 60, if nec:ssary, and any other applicable form to insure that the G.S. T. is not collcctible by the V codor on this tnasact.ion. The Purchaser covenants and warrantS to the Vendor that it shaU, prior to cJosing, provide the Vendor with: (a) its G.S.T. registration number; (b) evidence that it has made its election for purposes of G.S. T. such that the G.S. T. is not collcctiblc by the Vcndor on closing; (c) undcnakcs 10 filc any necessary clections or documents in order to fulfil thc intcnt of this clause, which Warnlnry shaU survive the cJosing of this transaction. 19. All notices, demands 3nd paymcnts required or permitted to be given hereunder shall be in writing and may be delivered personally, sent by facsimile or may be forwarded by first class prepaid reglStcred mail to the addresses sct forth below. Any notice mailed 3S aforesaid shall be deemed to havc been given and received on the expiration of four (4) Business Days after it is posted. addressed 3S follows: (a) to the Vendor at: With copy to: The Mctropolitan Toronto and Borden & Elliot Region Conservation Authority Barristers and Solicitors 5 Shorcham Drive 40 King Street West DOWnsVICW, Ontario Toronto, Onlario M3N 154 MSH JY 4 Attention: Chief Administrativc Attention: Steven N. IczlcovilZ Officer Telephone: (416) 661-6600 Telephone: (416) 367-6214 Facsimile: (416) 661-6898 Facsimile: (416) 361-2431 (b) to the Purchaser at: With a copy to: 1177284 Ontario Limited Pomer & Boccia 65 Pine Valley Crescent Barristers and Solicitors Woodbridge. Onlario 4000 Stceles Avenue West LAL 2W3 Suite 212 Woodbridge. Onlario LAL 4V9 Attention: George C. Damiani Attention: Anthony Furgiuele Telephone: (905) 8S 1-3688 Telephone: (905) 850-8010 Facsimile: (905) 85 1-6578 Facsunile: (905) 850-8086 20. The Vendor and Purchaser stipulate that there has been no third party involved with this transaction who would be entitled to a commission or finders fee in respect of this transaction; save anU except for 3 thirt1 pany fee: paY3ble by the: Purchaser which it I...s declared to the Vendor. 21. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto. 22. All times used herein refer to current Toronto lime. !u/ . AUTHORITY MEETING #4/96, May 31, 1996 A142 , 23. Each of the parties sball, execua: aad deliver all sucb funber documcms and do such , funhcr :IC1S aod things as the otber party may n:asonably IaIUCSl from time to time to give full effect to !his Agn:cmem. 24. None of the provisions of this Agrecmenl shall merge in the aansfer of the L:mds or any other dncllment delivered on the Closing Date aod Ihc provisions of this Agrecmcru shall survive me Closing Dare. 25. This Agreement including any scbcdules auacht:d hereto shall CODSlillW: the entire agreement between the Purchaser aad the Vendor. There is no represemation, warranty, collaleral agreement or condition, whether direct or collareral, or express or implied, which induced any party hereto to enter into this Agreement or on which reliance is placed by such party, or which affects this Agreement or the Propeny or supponed hereby other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. In the: event of conflict between any provision in the printed ponion hereof the written or typed provision shall supersede the printed provisions to the elUent of such conflict. DATED at Vaughan, this 27th day of May, 1996 SIGNED. SEALED & DWVERED ) IN WITNESS whereof 1 have hereunto set presence of: ) in my hand and seal: ) ) 1177284 ONTARIO UMITED ) Per: ) ) ) ) George C. Damiani, President ) ) I have authority to bind the Corporation THE UNDERSIGNED accepts the above Offer this day of , 1996. IN WITNESS WHEREOF the Vendor has hereunto executed this Agreement. ) THE METROPOUT AN TORONTO AND ) REGION CONSERV A nON AUTHORITY ) Per: ) ) ) Name: ) Title: ) ) ) Per: Name: Title: We have authority to bind the Authority. . A 143 AUTHORITY MEETING #4/96, Ma 31, 1996 .. / ' ~ I . . , . , , ....... -- ,. ..., .... .... I : ,: ,/ , . ,,-- -- - - -- -- ---- -- ------------~' -- -- -- I -- "'- - ".. ..... . : ........ . -. . ,t... .... .... " -.' : I , II 1-----,' , ", , ...._, , , .. I .... .... ~ " " : ---- ,-I" .----------------------------- , , " , ., ,I \_ n , I ~ I l': I" ..-------: --- .1,. ... '.... t I I ....... ....... , ... . ....... ........... if .,,'.:........., '.._~ ' I .... "'I .. .. -... _ ... . 'I _ _ . . I - ca...... .."...&' ..'L..'. , , ~'-' " , . I... ..... ,... . - ",_, "" , I ,.., ,... ..... ,.. 1.1-.. __ f ,. I I, I ....... , ,- I. I ""." 1'_....... l..____ I' , ,.......,....~.._- '~:.. J, ..- ):::: , " C -_.~' -- " " ,...- -." . I ___.-"" , . ...- ... .... , ./ .......... .1-- I ...-._"" I , . , - ""..~--<C._._._-- , , , - ,... ",/ ". ...... I ,. .___ ..___ , ,,-.---"- ",-,,'" --- -~ - ~if= .......]' / ...... 11 .-. I LOCATION MAP ; .. 't'. BY - LAW NO,2"- 95 t """,:.,:",:'" FILE NO, Z.36,93 ~ SUBJECT LANDS LOCATION' PART OF LOT I. COUCESSION IS . .' .~ SC,ILE: ~ '200mr ,.,~., l""'1li" "A'.,....... _. .......... __. AUTHORITY MEETING #4/96, May 31, 1996 A144 RES #A82/96 - COMMITTEE OF THE WHOLE Moved by: Jim McMaster Seconded by: Randy Barber THAT the Authority move into closed session to discuss Lake Ontario Waterfront Regeneration Project in The Region of Durham, 1996 Greenspace Protection and Acquisition Project, 1996 - 2000, James McKean Property Frenchman's Bay Area. . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , CARRIED RES #A83/96 - ARISE FROM COMMITTEE OF THE WHOLE Moved by: Jim McMaster Seconded by: Randy Barber THAT the Authority rise from closed session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A145 AUTHORITY MEETING #4/96, May 31, 1996 RES. #A84/96 - LAKE ONTARIO WATERFRONT REGENERATION PROJECT IN THE REGION OF DURHAM, 1996 GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996 - 2000, JAMES McKEAN PROPERTY, FRENCHMAN'S BAY lake Ontario Waterfront, Pickering, Ajax Sector . Frenchman's Bay Area - James McKean Property Participation by the Authority on a partnership basis in the purchase of a holding, situate on the west side of Front Street, south of Commerce Street, located on the east side of Frenchman's Bay, in the Town of Pickering, Regional Municipality of Durham. This matter is to be dealt with by Pickering Town Council on Monday, June 3, 1996. Moved by: Enrico Pistritto Seconded by: Jim McMaster THAT The Metropolitan Toronto and Region Conservation Authority participate with The Corporation of the Town of Pickering in the purchase of the Keen Kraft Marina Co, limited, and James McKean properties containing 2.5 acres, more or less, together with certain improvements, said lands being part of Water lots 1 to 7 inclusive, Plan 65, Town of Pickering, Regional Municipality of Durham, fronting on the west side of Front Street, south of Commerce Street; THAT The Authority share of the purchase arrangement be $200,000, payable on or before January 31, 1997; THAT The Authority receive an undivided pro rata interest in title to the property with respect to the relationship between the Authority contribution and the total purchase price (for example, in the event the purchase price of the property is $900,000. The Authority would receive a 22.2% undivided interest on title); THAT in no event is the Authority interest In title to be less than 20%; THAT a suitable co-ownership agreement be prepared between the Authority and the Town to adequately protect the Authority rights, interests and objectives required to be obtained under this transaction; THAT the Authority participation in this transaction be subject to approval of the Province and availability of funds; THAT the appropriate officials be authorized and directed to execute all necessary documentation required; THAT the boundaries of the lake Ontario Waterfront Regeneration Project, 1996, The Regional Municipality of Durham, and Greenspace Protection and Acquisition Project, 1996 - 2000, be amended to reflect the inclusion of the land to be acquired under this transaction. AND FURTHER THAT the Regional Municipality of Durham, be so advised. AUTHORITY MEETING #4/96, May 31,1996 A146 AMENDMENT RES #AR5/96 Moved by: Enrico Pistritto Seconded by: Jim McMaster THAT the Authority's contribution to the proposed acquisition be 20% of the purchase price up to a maximum of $250,000. RECORDED VOTE - AMENDMENT Randy Barber ..".....""...,......."..,..."."...."...,.............. Yea Margaret Black ..."..................,.....",...",...................... Nay Lorna Bissell ,."..,..",.."",..""".",.",.......,..,................ Nay Alan Christie . . . . . . . . , . . . . . . . . . . . . . . . . . . . , , . . . . . . . . , . . . . . . . . . , . . , . . . . . . . . . . Yea Michael Di Biase """.""..."""."""....""."".".,.".,......... Yea Lois Griffin .,.."...,...".,.".......,......""..",..",...,.,....,.... Nay Lois Hancey ."......,.,.....,..........,.,.",..""....,..,............. Yea Brian Harrison ....,...... . . . . . . , . . . , . . . , , , , , , , . . , , , . . . . . , . . . . , . . . . . . . . . . . . . Nay Eldred King , , , , . . . , , , , . , , , . . . , , , . . , . . . , , , . . . , , , . , . . , . . . , , . . , , . . . . . . . . . . . . . Nay Jim McMaster . . , . , , , . , . . . . , . , , . . . , , , , , . . . , . , . , , , . . . . , . , , . . . . , . . . . . . . . . . . . . Nay Richard O'Brien. . , . . . . . . . . . . . . . . . . , , , . . . , , . . . . . . . , . . . . , , . . . , . . . . . . . . . . . . . . . Yea Case Ootes . , , . . , , . . , , . . , , , , . . , , , , , . . , , , , , , . . . . , , , , . , , , . , . . , , . . . . . . . . . . . . , Nay Donna Patterson ..".....,."...........................,...,.............. Nay Enrico Pistritto ..".".",...."".,..,..."",....",."......,........,.. Yea Paul Raina , , . . . , , . . , . . . . . . . . . . . . . . . , , , . . . . . . . . , . . . , . . . , . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead ..,......,.......,.".."",....",...,......,........... Yea The Chair voted Yea on the tie break vote of the amendment. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , CARRIED RECORDED VOTE - MAIN MOTION AS AMENDED Randy Barber ,.".""."..."""""...""".",.,...".".,........... Yea Margaret Black ..."....,..",.,..,....""""....,.."......,.....,..,... Yea Lorna Bissell ..,.....",.,..,.."".,.........,...,.,.."".,..,........... Yea Alan Christie . . , . , , . , , , . . , , , . . . , . . . . . , , , , . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . Yea Michael Di Biase "..".."...",.,....,.,."".,..."....,..,............,. Yea Lois Griffin .".".....,......."..,......".,..,.......,..,....,.."...... Yea Lois Hancey ..,.."..........,.........."".,.,........................., Yea Brian Harrison , , , . , , . . , , . . , , , , . . . , . , , . . , , , . , . . . . , , , , . , , , , , . . . . . , . , . . . , . . , , , Nay Eldred King . , . , , . , , , , , . . . , , , , . . . . . . . . , , , , , . . . . . . . , . . . . . . . . , , . , , . . , . . , . . . . , Yea Jim McMaster. . . , , . . , , , . . . . . . . , , . , . . . , , . . . . , , , , , . . , , , . . , . . . . . , . . . . , , . , . . . . Yea Richard O'Brien . . , , . , , . . . , , . . , , , , , , . . , , , . , , , , , , , . . . , , . , , , , , . . , , . , . , , . , . . . . . Yea Case Ootes , , . . . , , . , . , . , , . . . , , , , , . , , . . . . . , , , , , , . . , , , , , , . , , . , , . , . . . . , , . . . . . Yea Donna Patterson .,...,.,.,.....,...,...."""..."...,..,..,."..,........ Yea Enrico Pistritto ,.,..".."..."".."..."""..."..".".""..,.,..,..., Yea Paul Raina. . . , . . , . . , , . . . . . , , , . , . . . . . . . . . . . , . . . . , , . . . . . . . . . . . , . . . . . . . . . . . . . Yea Richard Whitehead ..,...",.............".....,...........,............... Yea THE MAIN MOTION, AS AMENDED, WAS. . . . . . . . . . . , . . . . , . . . . . . . . . . . , . . . . , . . , CARRIED A147 AUTHORITY MEETING #4/96, May 31, 1996 BACKGROUND At the Executive Committee Meeting held on May 10, 1996, receipt of a letter dated May 6, 1996, from Mayor Wayne Arthurs of the Town of Pickering, was discussed. Staff was directed to enter into discussions with the Town of Pickering, James McKean and Price Waterhouse Limited, Trustee in Bankruptcy, regarding possible participation by the Authority in the acquisition of the subject holdings on a partnership basis, Staff was further directed to report back to the members of the Authority at the earliest possible date concerning this matter, Copies of mapping illustrating current Authority and other public lands in the area, as well as the subject holdings, are appended to this report for the assistance of the Authority members. An aerial photo of Frenchman's Bay is also provided. The subject holding consists of two irregularly shaped parcels under the registered ownership of Keen Kraft Marina Co. Limited and James McKean. Keen Kraft Marina Co. Limited was petitioned into bankruptcy on June 15, 1995, and Price Waterhouse Limited has been appointed as the Trustee. While the letter from Mayor Arthurs was only received earlier this month, the availability of the subject property has been the subject of ongoing discussions involving Authority staff and officials of the Town of Pickering for several months. The uniqueness of the Frenchman's Bay area as one of the major wetland habitat and recreational resources of the Greater Toronto Area was first recognized by this Authority and supported by the Province of Ontario, as well as our municipal funding partners, as early as 1969. In 1970, immediately after the Province designated the Authority as its agent in implementing waterfront activities across the lake Ontario Waterfront area of the Authority's jurisdiction, the Frenchman's Bay area was featured as one the major highlights of The Metropolitan Toronto and Region Waterfront Plan and the projects emanating from this plan. The Frenchman's Bay area has continued to be included with increasing importance being focused on the Bay area through Provincial, Municipal and updated Authority plans. The Corporation of the Town of Pickering has consistently supported the Authority's objectives in bringing lands around the Bay into the Authority's ownership. In addition to the conveyance of several parcels of Town-owned lands on the Bay to the Authority at nominal consideration, the Town has also assisted in a substantial way in providing 50% of funding in a number of recent acquisitions of properties in the Town of Pickering, on the Bay, including properties on the East Spit, the former Sandbury Building Corporation property, and the Moore property on the West Spit purchased during May of this year. ANALYSIS As illustrated on the appended maps, the McKean property is situate a short distance south of the Sand bury Building Corporation property, purchased by the Authority in 1992, in partnership with the Town of Pickering. At the time, the lake Ontario Waterfront Regeneration Project in the Region of Durham and The Greenspace Protection and Acquisition Projects were prepared, no portion of the subject holding was included for acquisition on the assumption that the McKean property and the lands to the south, on the east side of the Bay would remain in private recreational boating uses, being compatible with Authority objectives for the Bay. During recent weeks Authority staff have become concerned, as have officials of the Town of Pickering, that a sale of the property to others could occur which might possibly result in a land use change not deemed compatible with the Town and Authority long term objectives for this area. The Town has been in negotiations with representative of the McKean property for the past several months and it is anticipated that an agreement can be concluded over the next few days which will meet the objectives of the Authority and the Town. AUTHORITY MEETING #4/96, May 31, 1996 A148 The Authority objectives with respect to this location include provision for compliance with the Provincial Policy directions for shoreline management, facilitating the ultimate opportunity for the waterfront trail and public access, providing the opportunity for a public boat launching facility at a safe and suitable location and in general, allowing the water orientated recreational uses in the area to continue in a manner compatible with the environmental health and well being of Frenchman's Bay. Traditionally, lands of this nature would be funded on a 50/50 basis with the Authority providing 50% of the funding and taking ownership in fee simple of the entire holding. In this instance, it is felt that the Authority objectives can be adequately protected through agreement and covenants with the Authority contributing a lesser funding amount and acquiring only a partial interest on title, The technique proposed in this arrangement has been discussed extensively with the Authority solicitors and they are satisfied that the necessary Authority rights, interests and objectives required to be obtained at this location can be accommodated under the method proposed. . RATIONALE At the time the Greenspace Protection and Acquisition Project 1996- 2000 was approved in May, 1995, extensive discussion took place concerning Authority acquisition priorities and the need to explore and initiate innovative acquisition techniques. As identified elsewhere in this report, staff feel this property, as well as other properties situate on the shoreline of Frenchman's Bay are high priority lands for acquisition. The total acquisition of the former Keen Kraft Marina and James McKean site within the overall area of Frenchman's Bay will provide in public ownership, a transition area and use between the commercial marina activity area to the south and the significant wetland feature to the north. This acquisition would be consistent with the management direction for public and private interests around the Bay. FINANCIAL The land being acquired will be managed under the co-ownership arrangement between the Town and the Authority, The agreement to be prepared will include provision to adequately deal with items such as taxes, maintenance and liability, in a manner consistent with the use of the property. The amount to be paid for this property will be in conformity with an independent appraisal obtained by the Authority. It is proposed that this acquisition be funded from land sale revenue. In view of the fact the Authority will have until January 31, 1997 to pay the funds required under this transaction, staff is satisfied that this commitment can be satisfied from lands sale revenues. Report prepared by: Don Prince, extension 221 For information contact: Craig Mather, extension 240 or Don Prince, extension 221 A149 AUTHORITY MEETING #4/96, May 31, 1996 . ,. ~ 11'l8 ~1 of~e 1Dwn of~ w.r6.l9H MIyan omce "--'CIlIIC~ na Ma:::rcpaI!tIIl7a:n:ma _ --- ~~ I:p:a ~Amb:my c:.-. !SJ1 I Driw lJv .., . Tan:aa. 0D=m -- 1GB lS4 "- !lIB .... III filii..... "... f..-.;f'WI' Mr. ~ C'~ "- fIIII~ fllllea.ulll .. ltISa "'1' Sabj~!=I::aa ?-.::c::aae ===!amaI \,{..~~ ami ~ W~ ~ Tzusr= aE=:mm cfXaaa X=~ c:. T ............ wt--4 as Pmt lI'........... ~ . I.ona 1.:' JU:a:-':' ~, !9 5 _1.1"& 6.!,?!:i=::; . Our rue :tS~~ w. InI ;:=c::!y ~--, we ~ w-. :~ ~ m:i lama ~ -~ ac:qwsic= ai~ ~1tDd J.- ~ CD rr '".~,'s Bay. My purpose =- -.. ~ = you 11 to IIqIIat It= :he M'!RCA ........;~- pItPi~g ~ i1y wt:n :be Town at' Piczz:rizzg ~ :h; ~ at' =cae 1aDda. YOQI'S'tnZlY. =: P. WYF, Town Sc:iic::r . AUTHORITY MEETING #4/96, May 31, 1996 A1S0 l - . ~ Authority Lands ":'''::':'_::~:':::'':'' ~.;~-:.-:.: ,-" "- James McKean Prape -:_, \~~'~._.o ..~._..:_.,,\,,,~~ ~"'''~_'_':~/.-: :.....t:.~;-~ ...: I , - 'I . - ; , ." ~ '. .. - ,- .- -- . ~ : - - "- " - , ..' .- ~: - - '- -. .-: ,.. - , . " 1 . - - - :----- -~. ...:--- - . - -..... --. . - -, ~ ..':'_0 7...- --- - ....:.,..- - ~----..- I . .. . . " - - - - . - - ) - .- - . - - -- . . ~ - -.' " .- -- - ~ii- - . 0 . . . - - --- -\ . .- .. .. -.. . ...-- '. ; ~. :..=-~ -.. ........ - . -~~.~........ . eo _ - . - .... .... ~':- ~---- ...:~ 't.i.'I~J~' ~--~ - ......... ---.. -.. ;' = - --:.I:: :- \ - ,.;-.40&0 ~ .. ~. .:.....~.-. --:1...~~~ -.- -=.. ,-:-.-...- - .' 7u eo . :c ~ ~ -=- FRVlCHMAN's BAY .. .'0 .. _:''':''_.- ~ __ ':.:1.,;. ~ -~~ 'n."=--- =- ~ J ? . 0 - .-.. - = ...... ~ "~".~" = '3 ...~tl_~..::-= .~ .. .. _..'~ .~ ~=c.:~<#-~;:: . ~. ~.~. --. - . ' - '. -~~~..;.., ~ ..,,; .----- .. =-_: ~ -=--==- . . . - '.'" - ~:::=IIe' ~ : '-5. -- .. ,. "'- ., ~.. --, j " ~I 1-".--- 0 . "- -- r.- . I _ "- . . " - -, , " - I , I : . 0, o. f, " - . if: - I . I' ". ~ ! , " . ~~ .- 0/, . LuG: ONT.UUQ . A151 AUTHORITY MEETING #4/96, May 31, 1996 ~~=- ~ . lilli/lit l.UNA CR ~ : ~ Avt. \ I \ \ \ I \ \ \ \ I \ \ Il.ONA P...~)( / : \ \ \ \.\ I \ \ \ \ ~ . ~ \ \ II \ \ \ II g C ~C....C ~y \\1111 . FRENCHMAN'S ~I II I! 1; I \ I I I I i \ \ \ \ : I I I, I , C=MMt:~C! E/'v \ I : i ~~C-J i I I I I I r. I ,\~IIl~ ~ H \ \ ~ \~:-i---"i ' '~=: I I 8ReAl ~ I~' 8ft McKean OWTlership ~~: I I III 'loll ~ Wr=~ ~ I I I A : O.83ha (2.0 acres) ~ ANN~N:: B : O.19ha (0'.48 acres) S I II H \ \ ~I\ \ RTT .\ I S~R~I ; \ I ~ 0 0 - - Co. - c: w ~ ~ . - \ - . AUTHORITY MEETING #4/96, May 31, 1996 A152 REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK John Andrew Investments Limited and Petro L. Developments Limited and Prombank Investment Limited This item was withdrawn by staff. RES #A86/96 - ADVERTISING GUIDELINES Third Party Display Boards Approval of the guidelines governing advertising content on third party display boards on Authority lands Moved by: Donna Patterson Seconded by: Eldred King THAT the report on advertising guidelines for third party display boards on Authority lands be received; AND FURTHER THAT the guidelines contained therein be adopted. ................... CARRIED BACKGROUND At the March 29, 1996 Authority meeting approval was given to enter into lease arrangements with Mediacom, an outdoor display company, for the purpose of placing billboards on certain MTRCA properties. At that meeting the question of the suitability of certain types of advertising was raised by members of the Authority, RES. #A25/96 at that meeting stated: "THAT staff prepare a policy regarding the types of advertisements that the Authority would consider acceptable ~ In accordance with the resolution, guidelines were prepared by staff for review by members of the Authority. The draft guidelines were distributed to members of the Authority at the April 26th Authority meeting with a request that comments be provided. No responses were received and, as such, the guidelines are put forward as drafted for adoption. ANALYSIS The guidelines have been modelled on the policies of the provincial government, and the Toronto Transit Commission, which govern advertising content on their properties. These guidelines will be incorporated into Mediacom's process for distributing advertising copy to their various locations throughout the area and the final safeguard will be the provision in the lease agreement which provides for immediate removal of displays deemed to be inappropriate by the Authority. Report Prepared by: Ken Owen, Extension 255 ADVERTISING GUIDELINES Third Party Display Boards A153 AUTHORITY MEETING #4/96, May 31, 1996 The Metropolitan Toronto and Region Conservation Authority ( MTRCA) is guided by the general principles embodied in the Canadian Code of Advertising Standards in determining the acceptability of advertising for its properties. MTRCA staff are charged with the responsibility of interpreting and implementing the Authority's guidelines in regard to good taste and other matters. MTRCA staff may overrule decisions made by the sign company regarding the implementation of these guidelines. The Authority (as distinguished from the MTRCA staff) may become involved at its discretion. The Authority will be the sole and final arbiter in all matters relating to the suitability of advertising content and may refuse, or order removal of any message at any time, at its discretion. The MTRCA will not accept advertising which disparages, exploits, unfairly represents or is offensive based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, disability, age, marital or family status. Advertising that is sexually exploitive is prohibited. The MTRCA will not accept advertising of questionable taste or which, in its sole discretion, is considered irritating in its style, content, or method of presentation. Material calling for the advocacy of, or opposition to, a political point of view, policy, or action is prohibited. Material advocating the name of any political party and /or candidacy of an individual, may be acceptable, providing the content is in keeping with all guidelines and that the message centres generally on the candidate's name and party affiliation, the office being sought, election date or other such information pertinent to the election. Material which tends to disparage a candidate, or party, or cause, will not be allowed. Religious advertising which promotes a specific ideology, ethic, point of view, policy or action, which in the opinion of the MTRCA might be deemed prejudicial to other religious groups is not permitted. Tobacco advertising is not acceptable. AUTHORITY MEETING #4/96, May 31, 1996 A154 RES #87/g6- MUNICIPAL LEVIES REGULATION Conservation Authorities Act This report describes the new regulation made under the Conservation Authorities Act as a result of the Bill 26 amendments (Finance and Administration Advisory Board - Res. #F14/96) Moved by: Donna Patterson Seconded by: Eldred King THAT the report dated April 22, 1996, on the new regulations made under the Conservation Authorities Act be received and forwarded to the Authority's member municipalities for information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES #A88/g6 -MEMBERSHIP Renewal of Members - The Conservation Foundation of Greater Toronto appoints members for a three year term (Executive Committee - Res. #E42/96) Moved by: Donna Patterson Seconded by: Eldred King THAT the membership renewal of James W. Keenan to The Conservation Foundation of Greater Toronto be approved for a three-year term May 29, 1996 to May 28, 1999; AND FURTHER THAT the membership of William R. Uvingston to The Conservation Foundation of Greater Toronto be approved for a three-year term September 8, 1996 to September 7, 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . CARRIED A155 AUTHORITY MEETING #4/96, May 31, 1996 RES #A89/96 - GARY ROBINSON Receipt of a request from Gary Robinson to relocate an existing Authority Right-of- Way in the Goodwood Area of the Township of Uxbridge, Regional Municipality of Durham (Executive Committee - Res, #E43/96) Moved by: Donna Patterson Seconded by: Eldred King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from Gary Robinson to relocate an existing Authority Right-of-Way located on his property in the Goodwood Area of the Township of Uxbridge, Regional Municipality of Durham; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with Gary Robinson in this instance; THAT the Authority enter into an exchange of Right-of-Ways on the following basis: (1) The Authority will release its interest in the parcel of land containing 0.4 acres, more or less, being Part of Lot 15, Concession 2, Township of Uxbridge, Regional Municipality of Durham; (2) Gary Robinson will convey to the Authority a Right-of-Way containing 0,4 acres, more or less, being Part of Lot 15, Concession 2, Township of Uxbridge, Regional Municipality of Durham, designated as Parts 4, 5, 8 and 11 on Plan 40R-15731; (3) Gary Robinson is to pay to the Authority $1,000.00 to cover the Authority's administration costs for processing this transaction; (4) Gary Robinson is to be responsible for payment of all survey, legal and other costs associated with completing this transaction; (5) Completion of this transaction is subject to any Planning Act approvals that may be required being obtained at no cost to the Authority. THAT the said release of Right-of-Way is subject to obtaining the approval of the Minister of Natural Resources in accordance with Section 21(c) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. ....,......................................... CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A156 RES #A90/96 - SALE OF SURPLUS AUTHORITY LAND Receipt of offer from 1177284 Ontario Limited for the purchase of surplus Authority land situate at the north east corner of Jane Street and Steeles Avenue, in the City of Vaughan, in the Regional Municipality of York (Executive Committee - Res. #E44/96) Moved by: Brian Harrison Seconded by: Joan King THAT the staff report dated May 1, 1996, regarding an offer from 1177284 Ontario Umited for the purchase of surplus Authority land situate at the north east corner of Jane Street and Steeles Avenue, in the City of Vaughan, in the Regional Municipality of York be received; AND FURTHER THAT staff be directed to review the offer in more detail and bring a further report forward to the Authority at meeting #4/96 scheduled for May 31, 1996 recommending any further action to be taken. . . . . . . . . . . . , . . . . . . . . . . . . . , , . . . . . . . . . , . . . . . . . . . . . . . . , . CARRIED RES #A91/96 - DISPOSAL/LEASE OF AUTHORITY OWNED LANDS Sale or lease of surplus Authority owned land situate on the east side of Islington Avenue south of Rutherford Road in the City of Vaughan, Regional Municipality of York (Executive Committee - Res. #E45/96) Moved by: Brian Harrison Seconded by: Jim McMaster . THAT the staff report dated April 19, 1996, be received; AND FURTHER THAT a report be submitted to the Authority at its meeting on May 31, 1996, with respect to the offers received on the sale or lease of Authority land on the east side of Islington Avenue south of Rutherford Road in the City of Vaughan, Regional Municipality of York, through the public tender process.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . CARRIED A157 AUTHORITY MEETING #4/96, May 31, 1996 RES #A92/96 - DUFFIN-ROUGE AGRICUL TURE PRESERVE Receipt of a request from the Ontario Realty Corporation (ORC) to comment on a disposition strategy for the valley lands and ESA's in the Duffin-Rouge Agriculture Preserve, #E46/96, Amendment #E47/96. Moved by: Donna Patterson Seconded by: Eldred King THAT the staff report regarding the disposition of surplus government lands, Duffin-Rouge Agriculture Preserve be received; THAT the Authority affirm its position that all flood plain, valley and stream corridors, and environmentally signficant lands acquired by the province for the North Pickering Project should remain in public ownership; THAT staff be directed to continue discussions with the Ontario Realty Corporation with respect to the protection and acquisition of the valley and stream corridors contained within those lands now considered surplus, ................,.."."......,.,.................... CARRIED RES #A93/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996- 2000 Purchase of property, located north of Elgin Mills Road, west of Yonge Street, in the Town of Richmond Hill, under the "Greenspace Protection And Acquisition Project 1996-2000, Flood Plain and Conservation Component - Don River Watershed." Flood Plain Component, Don River Watershed, Kendred Investment Ltd. Property, (Executive Committee - Res. #E48/96) Moved by: Donna Patterson Seconded by: Eldred King THAT 0.314 acres, more or less, consisting of an irregular shaped parcel of vacant land, be purchased from Kendred Investments Limited, said land being Part of Lot 18, Registered Plan 1642, Town of Richmond Hill, Regional Municipality of York, fronting on the south side of Brookside Road, west of Burndean Court, situate north of Elgin Mills Road, west of Y onge Street; THAT consideration is to be the nominal sum of $2.00; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A158 RES #A94/96 - DON V ALLEY BRICKWORKS REGENERATION PROJECT Masonry Contract This report advises on the results of masonry work Quotations received by the Authority as part of Tender Opening Sub-Committee Report #9/96. (Executive Committee - Res, #E49/96) Moved by: Donna Patterson Seconded by: Eldred King THAT Tender Opening Sub-Committee Report #9/96, dated April 23. 1996, on masonry Quotations be received; AND FURTHER THAT staff be directed to award the contract for the masonry work associated with the first phase of the Don Valley Brickworks site restoration to Canadian Building Restoration for the amount of $374.460 (excluding GSn. and subsequent stages not to exceed a total budget of 429.227 (excluding GSn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES #A95/96 - DON VALLEY BRICKWORKS REGENERATION PROJECT Selective Demolition Contract This report advises on the results of selective demolition work Quotations received by the Authority as part of Tender Opening Sub-Committee Report #6/96. (Executive Committee - Res, #50/96) Moved by: Donna Patterson Seconded by: Eldred King THAT Report #6196, dated April 19, 1996, on selective demolition Quotations be received; AND FURTHER THAT staff be directed to award the contract for the demolition work associated with the first phase of the Don Valley Brickworks site restoration to Greenspoon Bros. Ltd. for the amount of $113,208 (excluding GST). and subsequent stages not to exceed a total budget of $162.313,00 (excluding GSn . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . . . . CARRIED A159 AUTHORITY MEETING #4/96, May 31, 1996 RES #A96/96 - DON VALLEY BRICKWORKS REGENERATION PROJECT Structural Steel Contract This report advises on the results of structural steel work quotations received by the Authority as part of Tender Opening Sub-Committee Report #7/96, (Executive Committee - Res, #E51 196) Moved by: Donna Patterson Seconded by: Eldred King THAT Report #7/96, dated April 19, 1996, on structural steel quotations be received; AND FURTHER THAT staff be directed to award the contact for the structural steel work associated with the first phase of the Don Valley Brickworks site restoration be awarded to M & G Steel Ltd. for the amount of $ 348,800. (excluding GST), and subsequent stages not to exceed a total budget of $476,300 (excluding GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . CARRIED RES #A97/96 - DON VALLEY BRICKWORKS REGENERATION PROJECT Scaffolding Contract This report advised on the results of general scaffolding work quotations received by the Authority as part of Tender Opening Sub-Committee Report #11/96. (Executive Committee - Res. #E52/96) Moved by: Donna Patterson Seconded by: Eldred King THAT Report # 11/96, dated April 26, 1996, on general scaffolding quotations be received; AND FURTHER THAT staff be directed to award the contract for the scaffolding work associated with the first phase of the Don Valley Brickworks site restoration to Skyway Equipment Co. Limited for the amount of $71,924 (excluding GSn, and subsequent stages not to exceed a total budget of $124,144 (excluding GST) , . . . . . . . . . , . . . , . . . . . . . . . . . . . . , . . . . . . , . . , . , . , . , . , . . . . . . . , CARRIED . AUTHORITY MEETING #4/96, May 31, 1996 A160 RES #A98/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Donna Patterson Seconded by: Eldred King THAT Section II, of Executive Committee Minutes #3/96, held May 10, 1996, be received and approved. ............................................ . . . . . . . . . . . . , . , . CARRIED RES #A99/96 - LAKE ONTARIO WATERFRONTI PROPOSED ACQUISITION BOUNDARY AMENDMENT AND POTENTIAL DISPOSAL OF SURPLUS AUTHORITY LANDS RougelRosebank Community Summary of the public input and staff recommendation for the proposed boundary amendment and the potential disposal of surplus Authority lands in the vicinity of Rodd Avenue/Bella Vista Drive, in the Town of Pickering, Regional Municipality of Durham (W&RLM Res. #W19/96, Amendment #W20/96) Moved by: Lorna Bissell Seconded by: Joan King THAT four blocks of land, including parcels currently owned by the Authority and others within the blocks of land, be removed and deleted, from the acquisition project in the Rodd Avenue/Bella Vista Drive area of the Rouge/Rosebank Community in the Town of Pickering, Regional Municipality of Durham, as shown on the appended Figure 2; THAT various parcels of Authority-owned tablelands, being Parts of Lot 30, Range II, Broken Front Concession and various lots on Registered Plan 233, containing a total of 1.85 acres, more or less, including five lots improved with single family homes and three vacant parcels, shown in Figure 2, be declared surplus to the future requirements of the Authority; THAT the sale of lands be on the basis that the lands are only to be used for single family residential purposes, in keeping with the character of the community and in compliance with existing R4 zoning; That preference be given whenever possible to sales or exchanges being made at market value to the following; (a) Former owners (b) Tenants (c) Remaining private owners situate within the amended acquisition boundary (d) Abutting property owners That staff be directed to negotiate with former owners, tenants, or area residents, who have expressed interest in purchase or exchange until such time as acceptable offers are at hand where upon any such offers are to be referred to the Executive Committee for further consideration, continued... A161 AUTHORITY MEETING #4/96, May 31, 1996 THAT in the event that staff are unable to arrive at suitable arrangements with former owners, tenants, or residents in the area, that the subject properties be advertised for sate. THAT The Town of Pickering, The Region of Durham, the Rouge Alliance, the Waterfront Regeneration Trust and those attending the public meeting be so advised. THAT staff be directed to communicate with Pickering on the possibility of closing the westerly end of Bellevista. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . CARRIED RECORDED VOTE Randy Barber .....,...".,...,..............,............................. Yea Margaret Black ".,."......,."..".".."..",.".,...,..."........,.... Yea Lorna Bissell ,.,.,.,.".,.."."...".,...",...",...,.,.,.,.,..,.....".. Yea Alan Christie , . . , . , , . . , . . , . . . . . , , . . . , . , , . . . . , . , . . . . . , . . . . , . , . . . . . . . . . . . . . . . Yea Michael Di Biase .,.,..,."..".."""."..".."..".,..".....",.,...... Yea Lois Griffin .......".,.."."...".."."..,..".",.".,...."........... Yea Lois Hancey ",...,."".,.,.,..,.."..,..,...,...".,...,.,.,....,....... Nay Brian Harrison . . , . , . . . , . . , , , , , , . . . , . . , , . . , , . , , . . , , . , . . , . . . . . . . . . . . . . . . . . . . . Nay Eldred King . . , . , . , . , . , . . . . . , , . . . . , . . . . . , , . , , . . . , . . , . . . . . . . . , . , . . . . . . . . . . . . Yea Jim McMaster. . , . . . , , , , . . , . , , , . , . . , , , , . , , . , , , . . . . . , . . . . . . . , . . . . . . . . . . . . . . . Yea Richard O'Brien. . . . . . . . . . . , . . , . . . , . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes , . . . . . . . . . . . . . . , . . . , , , . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . Yea Donna Patterson ,.......,."..,......,......"...,......................... Yea Enrico Pistritto "",.,.,.",..,..,....".....,...,.".."..,.,............. Yea Richard Whitehead ....,..,....,..............,....,.........,.............. Yea THE MOTION WAS ...........................,.........,.,........,.... CARRIED RES #A100/96 -EMERY CREEK WATER QUALITY IMPROVEMENT PROJECT Completion of the preliminary design for stormwater quality ponds to be constructed in the floodplain at the confluence of the Emery Creek and the Humber River, on lands owned by the Authority and under management agreement with Metro Parks and Culture (W&RLM - Res, #W21 196) Moved by: Donna Patterson Seconded by: Eldred King THAT the Authority support the Preliminary Design Report for the Emery Creek Water Quality Improvement Project; THAT the Authority endorse the preferred planning alternative outlined in the Preliminary Design Report; AND FURTHER THAT staff be directed to continue working with Metro Works to finalize a satisfactory design through the final stages of the environmental assessment process and detailed design stages of the project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A162 RES #A101/96 - AQUATIC PLANTS PROGRAM To provide information on the Aquatic Plants Program. (W&RLM - Res, #W22/96) Moved by: Donna Patterson Seconded by: Eldred King THAT the information related to the 1996 Aquatic Plants Program be received. . . . , . , . , . . CARRIED RES #A102/96 - DON WATERSHED REGENERATION COUNCIL Minutes of Meeting #3/96, April 25, 1996 The minutes of Meeting #3/96, April 25, 1996 of the Don Watershed Regeneration Council are provided for information (W&RLM - Res. #W23/96) Moved by: Donna Patterson Seconded by: Eldred King THAT the minutes of the Don Watershed Regeneration Council, Meeting #3/96, of April 25, 1996, be received ............................................................, CARRIED A163 AUTHORITY MEETING #4/96, May 31, 1996 RES #A103/96 - APPOINTMENT OF MEMBERS TO THE DON WATERSHED REGEN ERA TION COUNCIL The appointment of members to the Don Watershed Regeneration Council, (W&RlM - Res, #W24/96) Moved by: Donna Patterson Seconded by: Eldred King THAT the Chair of the Authority be appointed to the Don Watershed Regeneration Council as the Authority representative; THAT the Terms of Reference for the Don Watershed Regeneration Council be amended to include the Chief Administrative Officer as an alternate to the Chair of the Authority on the Don Council; THAT the Chief Administrative Officer of the Authority be appointed as the alternate to the Don Watershed Regeneration Council; THAT Mr. George Vasilopoulos be appointed as the alternate for the Borough of East York to the Don Watershed Regeneration Council; THAT the resignation of Mr, Anthony Niro be received;. AND FURTHER THAT the Chair of the Don Watershed Regeneration Council, in consultation with the Chairs of the three subcommittees, be requested to recommend a Don Watershed resident willing to serve and contribute to the Don Council until the end of its term being November 1997 . . , , . , . . , . , . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . , . . . , . . , , . . , CARRIED RES #A104/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGENERATION PROJECT 1992 - 1996 Kingsbury Crescent Shoreline Erosion Control Project lake Ontario Waterfront, City of Scarborough Completion of shoreline erosion control work along the Kingsbury Crescent sector of the Scarborough Bluffs, City of Scarborough (W&RlM- Res. #W25/96) Moved by: Donna Patterson Seconded by: Eldred King THAT staff be directed to proceed with the completion of the Kingsbury Crescent Shoreline Erosion Control Project, City of Scarborough, under the "Municipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992-1996" at a total cost of $100,000 subject to confirmation of funding approval ...................................,.............,..... CARRIED AUTHORITY MEETING #4/96, May 31, 1996 A164 NEW BUSINESS RES #A 1 05/96 - DR. ALAN CHRISTIE Moved by: Richard O'Brien Seconded by: Lois Griffin THAT Dr. Alan Christie continue to represent the Authority on the lake Ontario Shoreline Sub- Committee until the Integrated Shoreline Management Plan Project is complete. . . . . . . . . . . CARRIED MOTION OF APPRECIATION RES #A106/96 Moved by: Randy Barber Seconded by: Joan King THAT the Authority extend gratitude and appreciation to Dr. Alan Christie for his years of service and additional effort working with the Water and Related land Management Advisory Board. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . , . . CARRIED MOTION TO REFER RES #A 1 07/96 Moved by: Richard Whitehead Seconded by: Joan King THAT the subject of the Authority applying to re-zone its own surplus lands be referred to the appropriate committee for consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED TERMINATION ON MOTION, the meeting terminated at 1 :20 p.m. on May 31, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #5/96 Page A165 June 28, 1996 Meeting #5/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday,_ June 28, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:00 a.m. PRESENT Patrick Abtan ".".",..""...""....,."......"...".,..,..,.".". Member Maria Augimeri ."..".."....",.....".........,........,..,.,..,.,.., Member Randy Barber . . , . . , , . . . , , . . . . . , , . . . . . , , . . . . . . . . , . . . . . . , . . , . . . . , . . . . . . . . Member Lorna Bissell .."."...",.",......",......",.....,........,..,....,. Member Victoria Carley , . . , , . . . , . . , , , , . . . . . , , , . . . . . , , , , . . . . , . , . . , , . . . , . . . . . . . . . . Member Michael Di Biase ..,.."..""...""...""......"....".,..".,.".", Member Lois Griffin ..,..,...,...",...",...."".......,.,..",.,..,....,.,.,. Member Lois Hancey ,..,.."..."..."",...."".,...."".",..,.".".,.",. Member Brian Harrison . , . . , . , . . , , . . . . , , , . . . . , , , . . . . , . . , , , , , . . , . . . , . , . . . , . , . . . , . , Member Norman Kelly . . . , , . . . , , . . . , , , . . . , , , , . . . . . , , , , . . . . . , , . . , , . . , . , , . , . . , . . . . Member Frank McKechnie . , . . . , , . . , , , , . . . . , , . . . . . , , , , . . . . . , , . . . , , . . , . . , . , , . , . . , . . Member Jim McMaster , . . , . . . . , . . , . . . . . , , , . . . . , , , . . . . . , , , , . . . , , . , , . . , , , , . . , . . . . , Member Richard O'Brien . . , . . , , . . , , . . . , , , , , . . . , , . . . . . . , . , , . . . , . . . . . . , . . . , . , . , . , , , Member Case Ootes , . , , . , . . , , . . . . . . , , , . . . . . , . . . . . , , , , , , . . . , , . . . . . , , . . . , , . . . . . . . Member Donna Patterson ".",.."...""..",...."",...."..,..".,..,."",. Member Enrico Pistritto , , , . . , , . , , . . . . , , , , . . , , , , . . . , , , , , . . . . , , . . , . . , . . , . , , . . , . . . , Member Maja Prentice ..,.."..",.........",...".,."..",.....,..,."......, Member Bev Salmon, . , . . . . . . . . , , , . . , . . . . . , , , , . . . , . . . . . . . , , , . . . . . . , . , . . . . , . . . . . . Member Deborah Sword . , . , , , . . , . . . . , , . . . . . . , , . , , , . . . . . . , . . . . . . . , . . . . . , , . , . , . . . . Member Richard Whitehead . , , . . . . . , , . , . . . , . . . . . . , , , . . . . , , , . . , , . . , , . , , . , , . , . . . . , . Member REGRETS Margaret Black ,...,..".."",.""..."",..."".",.",.".,..,.,.., Member lIa Bossons , . . , . , , , . , , , . . , , , , . . , . , . . . , , , , , , . . . . , , . . , , , . . , , . , , . , , . , . , , . , Member Raymond Cho .,.."."...",...",..."",......"..".."..,."." . , . . Member Eldred King , . . , . . , , . . , . . , , , , . . , , , , . . . . , , , , , . . . . . , , , . . , . . , , , . , , , . . , . , , , . Member Joan King . , . , , . , , . . . . . . . . . . . , , , , . . . . . . . . . . . . . . . , , . . . , . . . . . . , . , . . . . . , . , Member Gerri Lynn O'Connor ..,..,...."",.....,.,.,.,..."...,..""...,....... Member Paul Palleschi ,.".."..,...."...."."....."".",..."..".,..,."., Member Paul Raina . . , , . . . . , , . . , , , . . , . . . . , , , , , . . . , , , , , , . . . , , . . , , . . . , . . , . . , . , . . , , Member RES #A 1 08/96 - MINUTES Moved by: Richard Whitehead Seconded by: Michael Di Biase THAT the minutes of Meeting #4/96, held May 31, 1996, be approved. . . . . . . . . . . . . . . . CARRIED A166 Authority Meeting #5/96, June 28, 1996 DELEGATIONS (a) Councillor Tony Carella, City of Vaughan, also the Chair of the Economic Sub-Committee of the Humber Watershed Task Force spoke in opposition to the residential use of Authority- owned lands for sale or lease, located east of Islington Avenue, in the vicnitiy of Rutherford Road (Res. #A111/96, page A167). (b) Mr. Lou Pompili, representing Father Moser In Trust spoke regarding the Disposal/Lease of Authority-owned lands, east of Islington Avenue, in the vicinity of Rutherford Road, in the City of Vaughan (Res, #A 111/96, page A 167). RES. #A109/96 - DELEGATIONS Moved by: Lorna Bissell Seconded by: Lois Griffin THAT the delegations listed above be heard and received. . . . . . . . . . . . . . . . . . . . . . . CARRIED RES, #A110/96- DISPOSAL/LEASE OF AUTHORITY -OWNED LANDS Report on the definition of the term "compatible use" in connection with the sale of lands surplus to Authority needs. CFN 22875 Moved by: Lorna Bissell Seconded by: Lois Griffin THAT the report on the definition of the term "compatible use", as a condition on the sale of Authority lands be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED BACKGROUND At Authority Meeting #4/96, May 31, 1996, the Authority under the item entitled Disposal/Lease of Authority Owned Land situate east of Islington Avenue in the vicinity of Rutherford Road, adopted Amendment #3, Resolution #A 76/96 as follows: "THA T to assist Members in future land disposal issues, staff report to the next Authority Meeting on the Authority's definition of "compatible use", as currently used as a condition on the sale of Authority lands. " In respect to sales by the Authority, "compatible use" is site specific. Generally "compatible use" is described as acceptable uses based on the make up and character of the adjoining neigbourh.ood/community, development trends, usually driven by market forces and the nature of adjoining Authority lands. Authority Meeting #5/96, June 28, 1996 A167 It should be noted that when a parcel of land has gone through the Authority's surplus/disposal process and has been declared surplus to the Authority's needs, the technical issues in respect to protection of the lands being retained have been addressed through such means as buffers and lor restrictions in the agreement of sale (ie: height restrictions to minimize visual impacts). An example of this is the Jane St, and Steeles Avenue sale which limited the building to not more than 6 storeys to minimize the impact on Black Creek Pioneer Village, At the end of the technical review point in the process, it is in the Authority's best interests to keep the restricted uses to a minimum and to allow the market forces to define what is a compatible use and ultimately determine the highest and best use, therefore maximizing the return to the Authority. Some uses are not considered to be compatible adjacent to Authority lands, These would include mainly obnoxious uses, where there is a high risk of soil, water, air and noise pollution. These conditions are generally associated with heavy industry, In the case of the recently completed sale in the vicinity of Claireville, a Deed restriction was included that the land will not be used for any heavy industrial or obnoxious use. A clause prohibiting the use of the property for any purpose or use other than a use not contrary to Authority's objectives and which does not negatively impact on Authority's land is now included in agreements of sale. This requires the proponent to specify a use which then can be reviewed on a site specific basis, Report prepared by: Ron Dewell, Extension 245 RES. #A111/96 - DISPOSAL/LEASE OF AUTHORITY -OWNED LANDS Status report on the negotiations for the sale or lease of surplus Authority- owned lands situate on the east side of Islington Avenue, south of Rutherford Road, in the City of Vaughan, Regional Municipality of York. Humber River Watershed CFN 27612 Moved by: Jim McMaster Seconded by: Randy Barber THAT staff be directed to continue to negotiate with Blackplate Investments Inc. and Sam Frustaglio, In Trust for the purchase/lease of the Authority owned lands, on the east side of Islington Avenue, south of Rutherford Road, City of Vaughan, Humber River Watershed and report to the Executive Committee/Authority at the earliest opportunity. A168 Authority Meeting #5/96, June 28, 1996 AMENDMENT #1 Moved by: Michael Di Biase Seconded by: Richard Whitehead THAT the offers to purchase surplus Authority-owned lands situate on the east side of Islington Avenue, south of Rutherford Road, in the City of Vaughan, Regional Municipality of York, from Blackplate Investments Inc. and Sam Frustaglio, In Trust, not be considered; THA T the offer to purchase 10 acres of surplus Authority-owned lands situate on the east side of Islington Avenue, south of Rutherford Road, in the City of Vaughan, Regional Municipality of York, from Father Claudio Moser, In Trust for the purchase price of $1,450,000 be accepted; AND FURTHER THAT staff negiotiate with Father Claudio Moser, In Trust, regarding leasing of an additional 5-8 acres of Authority-owned land, situate at the rear of the 10 acre parcel of land to be purchased, and report back to the Executive Committee. RECORDED VOTE - AMENDMENT #1 Patrick Abtan .................,........................................... Nay Maria Augimeri .....................,...................................... Nay Randy Barber ............................................................. Nay Lorna Bissell .............................................................. Yea Victoria Carley ................,.............,............................. Yea Michael Di Biase ........................................................... Yea Lois Griffin ............................................................... Nay Lois Hancey .............................................................. Nay Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Norman Kelly ........................................................... .. Nay Frank McKechnie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ........................................................... Nay Enrico Pistritto . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maja Prentice ............................................................. Nay Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Richard Whitehead ......................................................... Yea AMENDMENT #1 WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOT CARRIED Authority Meeting #5/96, June 28, 1996 A169 AMENDMENT #2 RES #A 112/96 Moved by: Jim McMaster Seconded by: Randy Barber THAT the main motion be amended to include Father Claudio Moser. In Trust and the City of Vaughan. in negotiations for the purchase/lease of Authority-owned lands. on the east side of Islington Avenue. south of Rutherford Road. City of Vaughan, Regional Municipality of York, Humber River Watershed. RECORDED VOTE - MAIN MOTION AS AMENDED BY AMENDMENT #2 Patrick Abtan .......................,..................................... Nay Maria Augimeri ..................,................,...,....,............... Yea Randy Barber ."...,......""",.............""...,....,............ ... Yea Lorna Bissell .............................................................. Yea Victoria Carley .. ...... . . .......... ... .. ..... . ..... . . .... . ... . .. . .. . . . . . ... Yea Michael Di Biase ........................................................... Nay Ldis Griffin .,....,.......".................."........................... Yea Lois Hancey ....,............................,............................ Nay Brian Harrison . . . . . . . , . . . . . . . . . . , , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly ...,......,......,.........,.......,......,.................. Yea Frank McKechnie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . Yea Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes , . . . . . . . . . . . . . . . . . . , . , , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Donna Patterson ,....................................."................... Yea Enrico Pistritto ............................................................ Yea Maja Prentice ............................................................. Yea Bev Salmon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , Yea Richard Whitehead ...................................,...,.."............, Nay AMENDMENT #2 WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED THE MAIN MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . CARRIED BACKGROUND At Authority Meeting 4/96, the following resolution as amended, was adopted by the Members: THA T staff be directed to return the deposits received from the six proponents who submitted offers for the sale of surplus Authority owned land situate on the east side of Islington Avenue, south of Rutherford Road in the City of Vaughan, Regional Municipality of York and advise them that no proposals have been selected for further consideration at this time; AND FURTHER THA T staff be directed to continue to negotiate with all parties who submitted offers for this property and any other parties who have expressed an interest in purchasing the property until such time as an acceptable proposal is received whereupon it is to be referred to the Members of the Executive Committee for consideration. A170 Authority Meeting #5/96, June 28, 1996 After the Authority meeting, deposit cheques were returned to the six parties who submitted offers and they were advised of the Authority's decision. This information was also conveyed to other parties who expressed an interest in the property. The Chair advised staff that he felt it would be in the best interests of the Authority to attempt to bring this matter to an early conclusion and directed staff to attempt to negotiate an acceptable arrangement for presentation to the Members of the Authority in June 1996. This time frame was communicated to all parties. As of June 13,1996, seven parties had met with staff to discuss details of the proposed sale or lease. All interested parties were given the same information regarding the Authority's position and the appraised value of the land. All previous conditions of the original proposal call still apply. Because of the interest in the property, the Authority's solicitor recommended that a deadline be set for submission of sealed offers to ensure that the process was fair to all interested parties. All interested parties were advised that sealed offers for the sale or lease or a combination of sale or lease of the property were to be submitted to the attention of the Chief Administrative Officer of the Authority before 4:00 p.m., June 13, 1996 and the offers were opened Friday, June 14, 1996 at 9:45 a.m. prior to the meeting of the Executive Committee. At the Executive Committee meeting the Chair advised the Members as to the status of negotiations. In addition to the appraisal report prepared by Royal Lepage for $175,000 per acre, Larry Bedford and Associates have provided draft appraisal information indicating that the market value of the property is $180,000 per acre. ANALYSIS Five proposals were received and opened June 14, 1996. None of the five has met the Authority's conditions at an acceptable price. The following is a summary of the offers received. Copies of the five offers are attached. Offered Purchase Price Proponent Blackplate Sam Frustaglio - RiIi Father Claudio Trigger II Investments In Trust Construction Moser - In Trust Construction Inc. Weston Ltd. -In . Inc. Trust Purchase Price $2,700,000 $2,414,000 $1,600,000 $1,500,000 $1,400,000 Acreage 15 17 15 15 17 Price per Acre $180,000 $142,000 $106,667 $100,000 $82,352.94 . In addition to the offer a letter was enclosed offering to reduce the acreage to be purchased to about 10 acres and enter into a lease for an additional area if their offer to purchase at $1,500,000 was not deemed acceptable. The Authority's solicitor has reviewed the five Agreements of Purchase and Sale and his comments are outlined in the attached letter dated June 17, 1996. Authority staff and solicitor Robert Rossow of Gardiner, Roberts met with four of the five parties who submitted offers for this property. The company whose proposal was the lowest per acre did not respond to the request to discuss their proposal. Attached is a table summarizing the offers received. As of June 28, staff is not prepared to recommend acceptance of any of the offers. The offers from Blackplate and Sam Frustraglio are closest to the Authority's appraised value and with the possibility of their conditions being negotiated to a point where they would be acceptable to the Authority. Accordingly, staff recommends continuing to negotiate with these 2 parties. Authority Meeting #5/96, June 28, 1996 A171 BlackplatA InvA~tmAnt~ Inc Blackplate is the only proponent to provide a non-refundable deposit. The Blackplate proposal is at market value based on the appraisal information received by the Authority, This proposal is conditional on draft plan approval and the closing could be as long as four years from now. Parkland dedication clause is not acceptable. All other Authority conditions have been satisfied. Sam Fru~taglin - In Tru~t Sam Frustaglio has provided two separate offers for consideration. The first offer has increased the purchase price from the original offer submitted by Sam Frustaglio, however most of the increase relates to an increase in acreage. The price per acre has increased by $2,000. The price is significantly below the appraised value of the property. The second offer is at $2,800,000, which would close up to 19 months from now subject to obtaining draft plan approval. On closing the Authority is to take back a mortgage for 18 months. The Province will not allow the Authority to hold a mortgage. Sam Frustaglio has indicated verbally that he will remove the mortgage requirement if the closing date is extended by 8 months, The deposit and interest on the deposit is refundable. Rili Cnn~tructinn WA~tnn Ltd - In Tru~t Rili has increased their offer significantly from their original proposal, however it is still well below market value. FathAr Claudin Mn~Ar - In Tru~t Father Claudio Moser's proposal has now been revised to reduce the acreage to 10 and includes a lease or licence for passive recreational use of approximately 5-8 acres for 50 years. The lease or licence would contain a renewal option and a first right of refusal andlor option to purchase the land. The total payment for the lease or licence for the 50 years would be $50,000 to pay for any costs associated with the lands such as taxes, maintenance and insurance. If the $50,000 was put in an annuity, it would generate approximately $3,000 per year income. 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U <(U ~ A174 Authority Meeting #5/96, June 28, 1996 Copies of the offers opened on June 14, 1996 and a copy of the letter from the Authority's solicitor Robert Rossow providing comments on these offers are attached to item # 6. A2. on pages A3-A44 of the Authority agenda. In addition to the appraisal report prepared by Royal Lepage for $175,000 per acre, Larry Bedford and Associates have provided draft appraisal information indicating that the market value of the property is $180,000 per acre. Authority staff and solicitor Robert Rossow of Gardiner, Roberts met with four of the five parties who submitted offers for this property. The company whose proposal was the lowest per acre did not respond to the request to discuss their proposal. Attached is a table summarizing the offers received. ANALYSIS As of June 28, staff is not prepared to recommend acceptance of any of the offers. The offers from Blackplate and Sam Frustraglio are closest to the Authority's appraised value and with the possibility of their conditions being negotiated to a point where they would be acceptable to the Authority. Accordingly, staff recommends continuing to negotiate with these 2 parties. FINANCIAL DETAILS It is proposed that the funds generated from the sale or lease of this surplus land be utilized to assist in funding high priority Authority activities. Report prepared by: Mike Fenning, extension 223 Authority Meeting #5/96, June 28, 1996 A175 GARDINER, ROBERTS 51111~' .JIlKI, Snlll,' I>>J~ .Sc..Y\'1l 4111 Roy,\1 <';,,'ntn' Bumten anu SuliCltors 010 Kill\( Stn~!l W\'St Suin: :MIl, :IJW IIIKhwny 7 T.)nl"'''_ (.;cIMdoI M!'it I :1''1: City \II V.w~1I1l t')ut4nu I.AK 4M1 Tcll:ph'lllt': (0; lb) lI6!",.(,("., Tt.'Itlf'Il11nl": (,,,).,1;) (1Ii11 :\1.." JUDe 17th. 1996 FOll".':itnll.,: (.lIf'l tltt..1; fftll> t=nOllmll.,; ('JOS) (m(J (l9"C' 1bc Metropolitan Toronto and Region OmscIvation AuthOrity S Shorebam Drive Downsview, Ontario M3N 1S4 Atmltion: Don Prtnc:e Dear Sirs: HE: MTRCA Sale or Surplus Laads - &liogtoD A\'enue and Rutherford Road. Our me No. 61.095 r have reviewed the Offers which were submitted as of June 13th, 1996 and would offer my CODIDlcms on each of them: 1. Blac~latc Invl!stmCtlts Inc. - Pu~ha.~ Price S2.700.000.00 or Sl80.000.00 per ~ The problems with this Offer are as follows: (a) The pwchaser has the right to extend the closing for up to four years or the date its obtains dmft plan approval whic:bcver first occurs and If within the four-year period the draft plan approval is DOt obtained. the purchaser can terminate the agreement and obtaiu the return of its deposit; (b) 1bc cost of parkland dedication for the subdivision is to be assumed by you; (c) In addition, we are obUged to n:presc:Dt that there arc no an:hacologica1 matters on the property to the best of our information and the purchaser is not obliged to take any adion in this regard; (d) Any midcntial use is permitted including, plCSumabiy, bigbrisc residential; (e) The purchaser bas placed a cap on its n:sponsibility for shrubbc:ty in the buffer area of $25,000.00; and (I) The purchaser is only offering to acquire lS acres and there is no provision for ac:a:ss by you over the remaining three acres at the tear; I suspect, if the purchaser was prepared to delete the condition on draft plan approval and rulucc the timing for closing to a date in 1996, these other matters could be easily resolved. M,)nlll'al ^ffjhill~': Llcliln~l'r S.IIIVI' A176 Authority Meeting #5/96, June 28, 1996 GARDINER, ROBERTS 2. .., Sam Frualaglio, in Trwa't - Purchase Price for 17 acres is $2.414,000.00 or $142.000.00 OM per acre. (a) The main problem with this offer is tbar closing is ~bcr 31. 1996 but is COJKUttonal until a few days prior to dosing on the purcbascr being sadsftcd ho can obtain rezoning; and (b) The other problem is that by aap1iring 17 acres, we arc left with apprmm!lltely 1 acre of table land whid1 would likely be a problem for us to dispose of to anyone clsc at a price that would be oomparable to tbc $142,000.00, It would seem to me that this offer would be acceptable if the period for rezoning would be shortened to say the end of August or September so that we would be assured of closing in 1996, and, perhaps we could ask for the deposit to be increased when the condition on rezoning was waived. 3. RiH Consbuction Weston T Jmlted The purchase price in this case is $1.600,000,00 for 15 acres being $106,667.00 per acre, lbc problems with this offer arc: (a) firstly, the Purcbascr requires free rights and dedication over the propcny that you own at the southwest comer of the lands herein. UnfoltUDalcly I have no way of knowing how much land we arc speaking of for this purpose; (b) Secondly, the Purchaser also TCqui~s the free right to the use of the pond on your retained land for storm water managcmcm purposes; and (e) Thirdly, the Purchaser ~quircs an option over the ~maininB three acres if they become available at tbc same price as what is being offcred for tbe 15 acres $106.667,00 per aac. Apart from the pric::c, I think it will be neccssary to clarify bow much land is being required at the southwest comer before we could proceed with this offer. Also, I think we would have to be satisfied with ~gards to the use of the pond and perhaps this should be dealt with by your technical people, 4. Father Moser This offer was for 15 acres at $1,500,000.00 or SlOO,OOO.OO per ~ and there arc no serious problems with this offer other tban: (a) It is not entirely clear as to the intended use. This is, I suspect, more a problem of drafting and could be easily worked out; and Authority Meeting #5/96, June 28, 1996 A177 . GARDINER, ROBERTS 3. (b) The other minor problem is that the c:Iausc IqIIdiDs tba buffer area his ba:o cbaDgcd somewhat Apart from the foregoiq aad subject to the price, I bave DO COIICCrDI with tho offer. S, Tri~ n Conmuctlon Ine 'Ibis offer was for 17 acres al a price of S82.352.94 per acre and because of the price I have Dot bothered to review this off", 1 trust the foregoinS colDlllCDlS will assist you. If you require auything further. kiDdly, advise, '111ank you. Yours trUly, GARDINER. ROBERTS R C.R w Direct LiDc: (416) 865-6624- (Toronto Office) RCRlao s:,,1lI9S\PIta'u IIN)9S6 A178 Authority Meeting #5/96, June 28, 1996 FOR USE IN TIlE PROVINCE OP ONTARIO AGREEMENT OF PURCHASE AND SALE .' PURCHASER, BLACKPLATE INVESTMENTS INC. offers 10 buy from VENDOR. The Melropolitan Toronlo and Region Conservalion AUlhorilY, througb no ageot. the followiag PROPERTY: Part of LoI IS . Concession 7, Cily of Vaughan, Regional Municipality of York, coolainiag IS developable Acres, more or less, siluale allhe on lhe easl side of Istinglon Avenue soulh of Rutherford Road aod as shown crou halched on Ihe aunched Schedule . A . al lha PURCHASE PRICE of TWO MILUON. SEYEN HUNDRED TIlOUSAND (n.700,OOO.00)------ CAN ADlAN DOLLARS logetherwilh aoy Applicable GooclJ And Services Tax. If the area of Ihe Property as delennined by Yendor's surveyor is IDOre or leu \hao IS acres, lhe Purchue Price shall be increued or decreued, as Ihe case may be, althe rate of $180,000.00 rer acre, calculated 10 thn:c decimal places. \. (a) PURCHASER submils wilh this Offer 5 % of the Purchase Price payable by certified cheque to the Yendor as a deposit to be held' by it pending complelion or olher lerminalion of this Agreemenl IUId 10 be crediled on accounl of the l>Urch:ase Price on complelion; and (b) PURCHASER covenants and agrees 10 pay by certified cheque 10 the YeDdor a further deposil of 5% of Ihe Purchase Price thirly days after acceplance her~in to be held by it pending complelloD or olher tenninalion of Ihis Agreemenl and to be crediled on accounl of Ihe Purcbase Price on complelion: and (cJ PURCHASER agrees 10 pay the sum of $ 100,000.00 by cllrlified cheque(s) 10 lbe vendor yearly (to commence six monlhs ailer the acceplance herein and Ihereafler) unlil closing, as further deposil(S) to be held by il pending complelion or olher terminalion of this Agreemenl and 10 be crediled on account of the Purchase Price on completion. 2. PURCHASER agrees to pay the balance of the Purchase Price by cash or cerlified cheque on closing 10 Ihe Yendor subjecl to the Adjuslments herein provided. 3. (a) This Agreement is subjeclto the following condilions . which arc for Ihe benefil of Yendor. being salisfied on or prior 10 Ihe closing of this Iransaclion. (i) lhe Yendor oblaining approval of the Minisler of Nalural Resources pcnnilling il 10 sell the ProperlY; (ii) this Agreemenl being approved by the Execulive Commillee and Members of the Yendor; (iii) a consenl has been oblained pursuanllo SCC:lion SO of Ihe Planning ACI. 1990. al Yendor's COSI. Wilhoul condilions allaching therelo or if any condilions are allached 10 Ihe consenl, Ihey are satisfaclory to Ihe Yendor. If by December 31. 1996. these condilions arc nOI salisfied. the deposit with interesl shall be relurned 10 PurchllSCr and onch of rhe parlies ~hnll he relensed from all of their obli!:nlions herein. The Purchaser may. at ilS oplion, eXlend the above conditIons for a furlher lwo terms of six months eacb. (b) Purchaser acknowledges il is .olely responsible for any amounts required to be paid to any municipal or olher governmental aUlhority including lot levies. developmenl charges or building permiu or :llherwise Ihat may be re'luircd prior to any improvements or buildings being constructell on the property and such amounts arc nol included in Ihe Purchase Price. (c) Purchaser shall undertake on closing and it shall be a condition of closing for Yendor's benefillhal Purchaser has undertaken as follows: (i) PurchllSer shall const",CI al ilS cost along the boundary between the Properly IUId the adjoining properlY of Yendor a 6 fOOl black vinyl chain link fence to lhe standards as is Ihen Dormally being construcled by Yendor aI ill other properties within six monlhs of the Closing Dale; Iii) Purchaser shall establish wilhin six monlhs of rhe Closing Date vegetal cd buffer area of Approximalely 10 metres wide on Vendor's Properly along the properly boundary of lhe Properly and the adjoining property of the Yendor at PurchllSer's cosl consisling of a combination of sizes and species of nalivc varielies of planl lIIlIlerial in accordance with the following guidelines: 30% shnlbs; 35'Jj, barcroot and 35% caliper trees wilh a ralio of 60% coniferous anll 40% deciduous. wilh respect 10 the barerool and caliper trees. all in accordance with a plllDling plllD prepared by I'urchaser and approved in wriling by Yenllor, such approval not to be unreasonably wilhheld. to a maximum of $25,000.00. (iii) Purcbaser shall comply wilh all Municipal requirements for Ihe future use of Ibe Property which is anticipated to be for residential uses. nle Yendor covenants and agrees tbat il will assist ",.,/'\ Authority Meeting #5/96, June 28. 1996 A179 -Page2- " and support the Purchaser in oblaining Official Plan Amendment and Draft Plan Approval for residential uses from Ihe appropriale govemlllCntal aUlhorilies on Ihe Propeny: (iv) In the evenl the municipalilY requires park land dedicalion from Ihe Purchaser, tbe Vendor agrees to provide Ihe required land from its adjacenl lancls at no cOSI 10 Ihe Purchaser. (d) (i) The Agreement shall be condilional upon the following: Thai on Ihe dale of closing, Ihe purchaser will have obtained Draft Plan approval from Ihe appropriate governmental aUlhority and the expiralion oi all appeal periods. II is ellpressly understood and agreed Ihat the condilion referred 10 herein in (d) is for the sole and exclusive bellefil nf the Purchaser only. In Ihe evenl'lhal Ihe said conditinn has nOI been fulfilled on the dale of closing, or the exlended dale of closing. Ihe f'urchascr may, al itl sole option. rescind Ihis agreemenl hy nnlice in wriling to Ihe Vendor in which event Ihe Purchaser and the Vendor shall be released lrom all nhligatiuns hereunder and Ihe del10SIlS shall be relurned 10 Ihe Purchaser fOrlhwilh. Provided Ihal the said condilion may be waived by the Purchaser. Any such waiver 10 be notice in wriling to tbe Velldor prior to Ihe dale of closing. (c) This Agreement is conditional llpon: (a) Ihe Purchaser oblaining, within 60 days from Ihe dale of Ihe acceptance hereof. soil leslS salisfaclory 10 Ihe I'urchas.:r in ils sole opinion indiCJuing Ihal the lands may be developed for ils proposcd IISe. The Purchaser agrees 10 reslore Ihe lands 10 ils exisling Slale aller complellon of soi I leslS. (b) Ihe I'urchaser complcting, wilhin tiO days frum Ihe dale nf acceplance an Economic Feasibility study 01" Ihe herein lands and prclIuses, which sludy is 10 be to Ihe sole salisfactlon of Ihe Purchaser If <lunn~ Ihe lime >I' nllnwcd the Purchascr .5 nnl snli.fled and is IInwillin[! 10 waive Ihese condilinns Ihell Ihis lransaclion shall be deeme<lto be null alld void and Ibe deposil monies returned fOrlhwith. The conditions conlained in Paragraph (c) herein have been included for the Purchaser's sole and exclusive henefil nnd may he waived in \Vhnle nr in part by Ihe Purchaser. such waiver 10 be binding only if in .wriling and execuled by Ihe Purch3Ser or .15 solieilors. (f) Purchaser acknowledges Ihal the Transfer/Deed 10 Ihe Properly shall contain rcsUlctive covenants Ihat will provide as follows: (i) prohibil Ihe ose of Ihe ProperlY for any purpose or use olher Ihan resideDtial OJ) no slorm waler fromlhe I'roperty will be permilled 10 enler onto Vendor's adjoining properly unless Ihe purchaser cOIISlruCIS a sloran waler ,"anagelnenl facilily at ils expense on the Vendor's adjoininglalld which Ihe Vendor herehy COllselllS 10 al no land COSI 10 Ihe Purchaser. Oii) no struelures. imprn\'eanenls. Iree clearing. grading. or de\'elopmenl shall be pennilled on Ihe ProperlY IIl1less and IIntil Purchaser has firsl: (AI constnlcled b 1"001 black vinyl chain link fences 31 its cosl 310ng rhe boundary belween Ihe Property allll Ihe adjllilling properly nf Ihe Vendur of Ihe slandard as is then normally bc,"g ennstructe,l hy Vendor fnr ils uthcr pruperlics: (0) established ~ \'egcI3te,1 buffer area of approximalely 10 melres wide on Vendor's adj"ining properly aluug Ihe hOllndary of Ihe ProperlY and Ihe adjoining properly of Ihe Vendnr consis.ill!! nf a comhillalion of siz.cs ami species of nalive varieties of plant analerial in accordance wilh Ihc following guidelines: 30% shrubs: J5 % hareronl and 35 % caliper lrees wilh a ralio of 60';1(, cooiferous uld 40% , deciduuus. wilh respccl 10 Ihe barerool and caliper Irees, all in accordance with a planling plan prcpared by Purchaser 3nd approvcd in writing by Vendor, such approval nOI 10 be unreasonably wilhheld. nol to excecd S25,UOO.OO: (C) !'lIrchaser has salisfied Vendor il will only use SIormw3ter 8esl Management Praclices; (D) The Vendor reprcsents Ihalto Ihe besl of ils kllowledge and belief il has no informalion wilh reg3rd 10 all)' 3rchaenlngical an.~lIers on Ihe properly. (g) Nnlwilhslllnding the work refcrrcd to in ilems (A I, (8),alld rC) ahnve has nol been completed, Ihe Vendor agreees 10 permil Ihe purchaser to comrneucc CnnslnlCI...n nf slnlelllres. all lree clearing, grading, improvemenls or developanenl if il has firsl provided sccurily for Ihe dning nf such work reasonably satisfaclory 10 Vendor. 4. PURCHASER agrees Ihallhis Offer shall be irrevncablc hy hian unlil 11:59 p.m. on Ihe 281h day of June, 1996 afler which lime, if nOI acccpled. Ihis Ol"fer shall be uull alld VOId and Ihe deposil shall be returned 10 Purchaser wilhoul inleresl or dedllClion. 5. THIS Agreemenl. subjcct 10 p,uagraph 3(al. shall be compleled on as hereinaher sel oul ('Closing Dale'). (See Schedole "8") Upon complelion. vacanl possession of Ihe propcrty shall be given 10 Purchaser. 6. PURCHASER shall be allowed Ihirly days prior 10 Ihe closing dal. 10 examine the tille 10 Ihe Property at his own expense. ?r;f0 A180 Authority Meeting #5/96. June 28. 1996 . Page 3 . .' 7. The Vendor and Purchaser 'gree thai the future intended use of the propeny shall be for residential purposes. The Vendor agrees Ihat ,her acceplance Ihat the Vendor shall not dedicate or grant auy eucmcnlS or olherwise encumber Ihe subjecl properly wilhoul the wrillen consenl of Ihe Purchaser. R. I'URCHASER acknowledges having inspecled Ihe Property prior 10 submilling thi. Offer and understands Ihal upon Ihe Vendor aceepling Ihis Offer there shall be a binding agreement of purchase and sale belween PurchaliCr and Vendor aOlJ Ihe Purchaser agrees 10 accepl Ihe Propeny as is and acknowledges Ihallhe Purchaser has done ils own lesls and no claims will be made in conncction wilh Ihe environmental condition of the premises. 9. PURCHASER shall not call for the produclion of any title dead, ,bstract. surveyor olher evidence of tille 10 Ihe Property excel' I such 3S arc," Ihe possession or control of Vendor. Vendor agrees Ihat he will deliver any skelch or survey of Ihe Property in his possession or wilhin his conlrollo Purchaser as soon As possible and prior 10 Ihe lul day allowed for examining lille. 10. PROVIDED that Ihe tille 10 Ihe Properly is good and free from Ali regislered reslrictions, charges, liens and encumbrances excepl :tlI otherwise specifically provided in this Agreemenl save and except for: (al any regislered reslrictions or covenants Ihat mn wilh Ihe property providing Ihal such are complied wilh, (b) Any regislered municipal agreemenls and regislered agreemenls wilh publicly regulaled ulilities providing such have been complicd wilh. or securlly has been poslcd 10 cnsure compliance and completion: :tlI evidenced by a leller from Ihe relevant municipality or rC!;lIlaleLl utility: (cl any minor easemenls for the supply of domeslic ulility or lelephone serviccs 10 the Property or adjacent properlles: and ldl allY easemenls for drainage. Slonn or sanitary sewers. public utilily lines. telephone hncs. "ahle IclevlS,oll hnes or olher services which do nol malenallv affect Ihe present use of Ihe Properly If wilhin Ihc specdicLl I.mes referrcd 10 on paragraph 9 any v,lid objection 10 tille or 10 any oUlslanding municipal work ordcr or dcticiencics nOlice. is madc m wriling 10 Vendor alld which Vendor is IInable ur unWilling ItI rellluve. rCllu:dy or ~:lIisfy and wlHell PIII,h:l~cr Will mJl waive, this Agrcenu:nl nutwllhslanumg any .nleflncdiate aCIS or lIegntiatiollS III respccl nf such oh,cclions. shall be al :uJ enLl and all momcs Iherelotore paid shall hc rcturllc" w.lh mlcrcsl 11.111 wi.hmll dcdllcllolllln" VClldor ,hall 1101 bc liable fnr lUll' CoslS or damage,. Save as 10 any valid obicCIIOII so made hy such day and cxeepl fur any objeclion going 10 Ihe rool of Ihe lille. l'urchaser shall be conclUSIvely dee.ned In have accepled Vendor's tillc to the Properly. II. PROVIDED Ihal Ihis Agreement shall he effeelive to creale an intercsl in Ihe Propeny ooly if Ihe subdivision conlrol provisions of Ihe !'Ianning ACI. 1990 arc complied wilb by Vendor on or before complclion. 11. VENDOR represenls Ihat ir shall be not a non-residenl of Canada wilhin Ihe meaning or Ihe Income Tax Act on Ihc Closing Dale. 13 ANY really laxes. local improvemcnl charges shall be apportioned and allowed 10 Ihe day of complelion (Ihe day itself 10 be apportiooed 10 ('urchaser). 14. ~E Transfcr/Deed of Land shall. save for Ihe Land Transfer Tax Affidavils. be prepared in registerable form al Ihe expcnse of Vendor The Tra.llsicriDced. 10 he delivered on completion shall contain the slalemenlS con.emplaled by clause 50(22) of Ihe Planning Act. 1990 15. TIME shall in all respecls be of Ihe esscnce hereof provided Ihal Ihe time for doing or compleling or any mailer provided for herein may he cxtemled or abrid!;cd hy an Agreemenl '" writing signed by Vendor and Purchaser or by their respeclivc snlicitors ""ho arc hereby cxpressly appoinled in Ihis rcgard. lb. ANY lender uf notices. documcnts or money hcreunder may bc made "pon Vendor or l'urchaser or their respeclive solicitors. Mnney fIlay he lendcred hy hank draft or chellue cerlilied by , Schedule 1 chartered bank or Province uf Ontario Savillgs Orlice. 17. TIllS Agreement fIleluding schedules allached hercto shall eonstilute Ihe enlire agreemenl belween the I'urchaser and Vendor. There .s no represenlation. warranly. collaleral agrec.nellt or condilion. whelher direct or cullaleral. or expressed nr impli,,_1. which induccd 'ny parly hercln to cntcr inlo Ihis A!.!reemenl or on whieh relia.llce is placed. or which affecls Ihis Agrcemcnt or Ihe Properly or .upporlcd hereby olher Ihan as expre>sed hercin. This Agreement shall bc rcad WIth all changcs nf gender or nnmLer rC'luired by the contexl. In the even I of connict between provision wrillen nr lyped in IhlS Agrecment and 'ny provIsion in Ihe printed portion hereof thc wrillen. or typed provision shall supersede Ihe primed provisiuns to Ihe eXlent of such connicl. , Authority Meeting #5/96, June 28, 1996 A181 -Page4- ,;. DATED at V c....'::I "'-- this ('1 'to '- day of ~..,~_ 1996 WITNESS the execution of the above-noted agreement by the Pun:huer under the Iwul of ita signiDg officcn duly authorized in that behalf. Per: A.S.O. "We have the authority to binllthe Corporation TIlE UNDERSIGNED accepts the above Offer. IN WITNESS whereof Vendor hu hereunto executed Ihis Agreement. TIlE MCffiOPOUTAN TORONTO AND REGION CONSER V A nON AUTHOR11i' Per: Date Per: We have authority to bind the Corporation , . A 182 Authority Meeting #5/96, June 28, 1996 SCHEDULE '.-\' ....:. ..~..: "'; - - - -- -.: -' .- - . I , / I \ . \ - - ~.- ~ . \ ) ) :,,<4' \.. (~:....-- i I .. I \: . . J --.. i .Q}/l /" \ '']7 , . ~/, I ' \ \ <if / ..' . /:: / i\1 \1 \' ' "--' I '\ \ ; I II\\! _ _ - . - - - :: .::-:::. :: - , : \ ~J\':-:'" - -- /. _' '-..' . -.... .. , (-:-:::- \ - ---- '/ - , . . I I ," .--.---...-...... I. ( -.-....... - --...... 'j / Authority Meeting #5/96, June 28, 1996 A183 SCHEDULE "0" The closing dale shall be eilher (a) Ihree years from Ihe dale of acceplallce of Ibis Agreement of PIlrcbaae aad Sale or 30 days after draft plan approval and expiralion of all appeal perioda hu been obtained from tho appropriate governmental aUlhorily whichever is the earlier. However. if drali plaa approval i. not available within three years of Ihe acceptance herein, Ihen the Purchuer. at i.. sole option and by notice in writing delivered to the Vendor or i.. solicilor may extend the date of closing for a funbar one year period (.ExleDded Pa-iod.). Tho Purchuor agrees that during Ihis .Extended Period" lhat should draft plaa approval be obtained. tbal it will close thi. tran_lion 30 day. afler the oblaining of Ihe same. Provided that if Iho closing dale falls on a day in which Ihe Land Regillry Office i. not open. Iben tbe day of closing shall be Ihe nellt day (following in which Iho lAnd Regi.try Office is open). Provided however lhal if draft plan approval is nOI mcl by Ihe end of Ihe l:11tendcd Period. Ihis Agreement of Purchuo and Sale shall be lenninaled. al Ihe oplion of Ihe Purchaser. and Ihe Purchaser shall be enlilled 10 the return of its deposi... and wilhoul deduction. and shall have no recourse against Ihe Vendor. If Ihe Purchaser decides nol 10 lerminate lhis Agreement of Purchase and Sale. then the closing shall take place thirty days after the end of tho Extended Period. fp5) , A184 Authority Meeting #5/96, June 28, 1996 fall UaI! IN Tit!! 'lI_f UP OIfTMIO AGREEMENT OF PURCHASE AND SALE 1'UIlCHASI!R. SAM F1UJS'DIGLIO IN '11U)T . 0"'" to IN, Ir_ V'l!NDOR. n.1wl1l"'P"liIan T_ ud R'poeC_"'lIion A\IIborllJ.llII'au.la.. .....1.. folklwillc PROPBRTY: Put ofl.GlIS, C-.. 7. Cily ofVoupu. R.,icmaI MlIIlicipelily olyo.t. ~v1Y.K'''. moro or I... liNat. II 1/10 010 1/10 _ aide oIlQinctoe A"_ JOUII\ of RuUIIrf.... Ro.I.... u .110.. croe, IlIIcIaolI 011111. _bod Scbodlal. "A" II 1M PUIlCHASB PRJCE 01: 'M) MILLION fOUR IMVRED AND FOORl'E2N ~ CANADW. DOl.LAJtS (SCAN 2.414.000"00 BIb~ to ~~gr~,,-lJhl hereof. ) 10.__ with .., oppIiooblo GoodI...... orM 0 ...,."" u doMnniMd b, V.ndo'"I""".,or illIIOf. or JclllhM IS _.1. .... Pvclluo PrIco IMIl be iDcreuod o. doe'Mled. ulllc c... _~ IKlthi lIIo ,'10 of SI42.000'1Jl pe' .cr.. calrallllell 10 I"''' dec=,,~I,Vendor tD deliver to Purdlaser .1. . n 30 daps ro.uOU.ng acD!Ptance an up- ts SU%VeY' confinnil'l9 the act..ual acr~~ of !:he roperty. the 9\111 of $105,000.00 being approxiDBtel I. PURCllASFI NbmitI wilA 1I1i1 OITw'.s" of Ibo PulCiIu. ,.ic. .-y.... by ceIlified c......o Ibo V~. u . depo,il 10 b. hald by il pcndina eomplod... 0' ..... 'OIIIliaIlioo 0' llIiI Ap_ &Dd '0 ... eredilad .. Ke_ 0' Ihc: PIIrchaoe ,.ic. 01\ ".lIIple1_; u4 Z. PURCBASER 'I.ee. 10 P'Y .be b~ of lho Pu.cMIo Pric. b" cull o. cmified cO.... oa clo.iDe 10 lb. VOIIlICII "'jOCllo Ihc edjlll_' _...iIl prllYided. l (.) lhi. Acr-mo'" i. IIIbjoc. lel Ihe roUowine eoadilionJ. which .ro for lho benefil of Veador. b.iD. .....he.i aft a, pria. 10 IA. clo.iD, of 1Ili. ..__: (i) lht Veodo, ob.waS "PP'IIYaJ 0' 'ho MiIIi.lft 0' HllUra! Ro_. ponailliDe itla ..lIlhe Prapeny; (ii) lIIi. ^.retrnrnr bellll .pprand b, the Eaooutioo c-mineelllll Mcmb.fI at lb. VUlllor; (iii) . eons.n1 h.. bllll oblaiDlII pIIn1Ma.IO SlClloo '0.., 1M PIIMiDa ACI. 1990. It V.rdar'. CO", ...,_ condiliaNo I&Idlinc __ or It lIlY cand_ If. IIYC/lOlIIa 'M .O_al. lIlo, .... .....,Klory 10 Vendor. 1/ b)' Ih. Cla.ins Dlle Ih.1I caadillOlll U. NIl .....fiod. VCIIdor _, ollCnd Ille Clo'iDe 0... by ~. ci"" .. ...y lim. up 10 Iho Cia...., Duo 'a Purdwer 10 lilY dAI. DOli.... tiIIa Decemb.r J I. 1996 fllw lMu Cia."" 0....). If by UIc CIo.lIIC Oil. .r lbe La..r CIOl"'S 0.... lho.. colldiliCllII U. no' uli./ied. lhe dcpalO' ..ilb iDIorut ....11 b. ,."nIOd I.. Plrrdluar and ..ell a' 1M pornu .haU be '.I....d from .U of Ih.i, obllCllilllll herein. (b) ~'- ICknowlod,.. ;1 i. .1lI.ly rOlparuilllo lOllll' _nil r..,;rllllo be peill 10 lilY IINnicipel or athe, .0"......-1 .ulharily inchldm, Ial I."ie.. dncloplllClll cllarc" or b..ildillC perllllll 0' Illh.....it. Ihll m.y b. required p,iar 10 lilY imp,a._. a' buildiap belllS oonaU\lclod Oft ..... ProP""Y ond ,"eb ""'....... oro "'" included in lhc Pun:haI. Pn... (e) Purchuo, .hllI unrt~naI;e Oft clo.in. and il ,hall be . condition of cl......& fot Vendor'. b_fil lhel Purehoeer h.. """enakOft .. lallo..." (i) Purehuor .hllI call1IN.' II i... cOlt lions Ibe bound..,. ......_ .... P,apeny IIIld 1110 adjoinin. po",." or VellClor . 6 lool blICt 'llI1lohaia liot line. ~ ,"""ard. u lI.b.D nannally be... collltNCtld by v.... II III 0lIl0t p,openioo within raonlhl 01 tha ll::HMiII ~ regiStration of a Plan of Subdivision. , ~ registration of a Plan of S\J:Id1v1sion (ii) Pu,eh.... .haJl ....blilh wi' malll'" of Ih.~OOCClalell buller IfIA ..r .pp.a......,cl, 10 mou.. ..ide Oft Vondo, . propeny .Ioalllre poputy bCllllldoly 0' Il1o P,op."y .ftd rho cdjaininC pra"...,y 0' .... V......., .1 ""'e.....' . 001' e_......1 of . combinc.ion a' .0&0. and '....i.. .., /IIlIY. IU1I1..' of pi... _aria! ia accordance wllb 1M r.Uo..i..C CUidalinoo: 10'-' .hNb.; lSIlo buttoa. .... )Silo oolipor treo. wi.h. rario 0' 60~ ....I....... ..... 40~ d..iclotau., ...illln'peello Ill. bUlloo. _ e.llpe' I.... .11 ill ....0...1110. ..ith . pIaaIinc plan p,epe,ed by PulChalor lad Ipproocd in ..rlli..c b, Vendor. ....11 .ppra.... lioii' 10 bo .........a...llly ...i&hh.ld: (ui) PIIrch.ucr ....n .omply wilA III Mufticipel 'oqui'.OIC..II ra,.... lulU'..... 01 the P"'pony. (d) Purchaltr acmo..1cdcu IhIlIho t......'.I/Oea!IO lh. P'openy .haIl .0....1ft ...lridi.. coy_II Iblt .,m pIO""td.: .. 'oUo...: (i) as tEl!lld~.Ilt1al slrqle family ~elli.ngs or any other p,ahilli. lho lUe of .... P"'pe"y lor 001 pu'po.. or "'0 other Ibon .; .... DOl _..,. 10 Vondo, . obi"'''''' cod ...hielll dool "'" lIO.....tly Impoc' V.ado, . -joMe lUldl, I;,~ '(T) Authority Meeting #5/96, June 28. 1996 A185 2. (oil .. - - fIG..... PrepaIy will.. ........1. _ ... v....,.. ...~ .roporly uaIu. lhI -na. c__ 0' ... v..... it full Mt&iMd; (iii) TIle Proflcrry IMllhollllljact to II ri.....,...., ill ..v_., tM V....r ,., _ to t" Vendllt'. led .1_ _ 0' 1M""""" II. -u, ......... ~ (iYI no 'Iructur... i/llPfOv_, .. .......... ..u ho ,...... _I. 'ropeftY llIII... ... -a Pwdlo... baa Mil (A) clNUUUC&lld 6 ,- llllat ."1 cblillliat ,_ II III tall 010II, 1110 boundory bcI_ lIII '"""" ... tile "joirUc JIIlIlIMY oIlbo V calor 0' tbo IlotIIard u it I.... .....-II, bailie c~ by V.... ,. III otbIr,...,.,...; (11) ...abli.1Iod . "ICe..... ..."., _ 01."......, 10 _. wid. DO VIlIdoor'. odjo..... ,...,...,. .....Il1o........,. 0' l1li Pro...., ....1III..joinio, ,.O.-d, 0' tho Vvn'" _..I.... 0" ......... of.1aI ud apocioa 0' _v. __ 01 ,,1_ _..... ... acc_ __ I" ,......., ..........: JO~ .~.: JSfi buIaall.... :!SA caIipar lnM ... ntIo 0' ~A COlil'lfftI Uld 40,. cIoclSoolM, witlt r......'o Il1o __ lad caiipor ...... aU iD _..-- wiah · planl in, plID p..,.... b, Plarcllll... .... approved Ia wftIio, b, V...... .udl opprov" _ Ia b. ...._111' willlMld: eC) P\J,eh..er ha. ._Iied Vendor il ",iD 1lIIi, \DO StOIlll_ But Maoa,_ P'KbcCS; CD) cotaplelod an udlaoolo,lcl/ ItlvoIIi,1lioo UId wry aut u, _CUivo .w_ ....sf.cto., 10 Y .ndor. HOlwillulandln1 III. "'.1>. I.f.u" to III if... (AI, (B). (e) .... CD) .be". baa DOl bo.l eO"'PleICd. ....e...... mo, con........ COIlIlNClioro 0' IINelllru, Ua,ron_. or dovolopn_ it ~ hao lint pro.idod......nry'o. N<kliIIc or.uch work rcuolllbl, ...i.,..Io., 10 v.ndor. net in any event to exceed the reasonable cost of su.c:h WotX. 4. I'VRCBASER 'v- IboIIhiI 011".. .haI1 b. imvocable b, him tIIIliJ II :59 p.1L aD 1M 4d1 da, 0' Jill, , 1996 ., which WII., if""t _..... Ihia OfI"u .hall be NIII UId .Cli4 ..... 1M d.,..iliMU bo ....... 10 Purelliuft -~--.cc.dllllu.tion., toqether with interest as here1n provided. ~ ~er ~. THIS "Irumrlll. IIIbjocllo pu'Cnpll J(.), .h.1I b. .""'plorlld on t~ day 0 . 1996 ('Clo.inl n.",'). Upoo .0IDpl.uon. ..eIN po._ice 0' rho propaftJ .haIl bo Ii... to P\archa.u. 6. rUROIASER 1ha/I1Io llIIowed UNiJ ~:oo p.m. on tile 4th day a'S........ 1996 (ll.....itio. Ow) 10 ..uni... lhe tillo to IJ\& Proped)' .t Ilia own ripen... '. VENDOR Uld ","huff Illee 1IlIII.,.. it IllI oondilian. npl'" or implied. ..,rn._io. or WUftIIly 0'111)' Und IlIaI Iho ......i. illlandlld UII 01 lhI P'O.-'I, b, l'IIr.he... i. or "'III be I..NI. I. rtJRCIMSER acl.JlowJorlSClI havina UuptCled l1li PlOflOdy paior 10 IIIbmiUin& lhi. OlTer UId tIIIlIentandJ IbM "P""the Vondor ocupill,lIWI 0""....... .hoU... bftIio. .cr.....,. of pure..... and .aIe IIel__ Pu.cha.rr and VenI.r aa:I tho Purd.Mr .._ 10 DUel" dI. Propon, II i. Md ..blo.Ied," Iha& tho Pureha..r baJ do... ill 0_ 'II" and no claimJ ...ill bo mado in connecllon with the co.i.o_aua! c_itio. of 1M pnonia... 9. PUROIASIA .hallllol e.1I (or tho produclion 0' ..., IilIo deed. .b'lrlCl. .u",., or DIller ovid_. 0' !ilia 10 Ibo p......., ...opr 1llC1t.. ue in IJ\& po.....ion or co.1l01 0' Vondor. VondOS' ocr'" IUI h. will deliver Ill' .teleb or ......, 0' IN Propat,. in hit ......Iion at ..,jIhin Ilia _0110 Pluchuu II ._ u po..ibl. ... prior 10 lhIlall d., .11o_ad ror &aamini., tille. 10. PIlOVIDED ""'11...lillo 10 the 'rope.l, io C'" UId frIO holl'l 011 nriolOlod ...tricliolll, charCet, Iillll. and ..."mb....n. ..001'1 II .Ih......i.. 'pocific.lI, pro.ided in lIli. "1'''_111 and .av. aDd ucept for. (.) any nsilt.rad .unlCliotu or co".n..... ""'I IIIn with ilia Pro.-ny pro.idinllllll .udl ... complied ..ilh; (1))...,. roeUtond ft...uc1t>oJ '1'_aD and '.Cilt'JOlt .C'_-. wi'lI publici,. rqrdlllld lIIilill.. pro.idina _h h... .... eonlpliod ..i.... or _utiry ha. b...n po.l8d I. ....u,. .ompli..... IIId .ompletion: u cvidellC4d b, . I.".. r,olll lb. '."1UI1 munic.pLluy or "culu" ulilily; (el III' millOr ........... for the aupply 0' domo.tk u!ilil)' or 1.lephone .....ice. '0 tho ".port,. 0' Illj...nl propedl..; and (eI) M,. _ 'or dr."""" lIonn at ....iIUJ ....... public wihly lin.., Icl.pbone linu, c:oIIl. .....i.ioo liMa or Dlllar IIrvicel w..1I do IIDI n....rI.n,. .lrellh. prelcnl u.. 0'.... r.oport, If ..ill\Ultho .pecilied IIIIIn re'ITnd to in poreCeaph 6 UlY ..Iid objection 10 ull. 0' 10 on, o....lInlIin, ..unicip.1 ...0.1; onlrr ar d.liciooe, BOti... io mod. in .ril;"c 10 Vandor and which V.ndo. II .......blo o. un_illin"o relllOVe, rcmad, 0' lOtio'" and ..hich Pu.chuu willltOl ..oi...Ihi. "..-.. _..ilIuIUldinC lIlY i"'.nnodi'le .... 0' ...otia...... in r..,.,1 or ItlCh objoe'ion., .hall bo 11111 end and III mo..... ~.....rClN paid ....11 be ,""mod ..ilho'" iNorUI .r dllb:lion and V.ndor .hall not be h.bl. f., .ny co... or d......... S..O II to ony ..lid .bjecUllG .0 mad. b, .....h dlIy and ........ ror ..., obJ'lC'ian 10lftllo II.. 1001 .f Ih.Io,lo, Purch... .h.1I be .01lCIu.i..I,. d_od 10 hay. acc.plod V.ndor'.tille 10 the 'rO....ly, ........ ID'I .-.aa a,~: A186 Authority Meeting #5/96, June 28. 1996 - 2A . 11. lal It is agreed that the sum payable 8S a deposit hereunder shall be paid by certified cheque drawn on a Canadian chartered bank, and shall be held in trust by the Vendor pending completion or other termination of this Agreement, and the amount of such deposit shall. on the completion of this transaction be credited on account of the Purchase Price, The Vendor shall be responsible for all costs end expenses related to the PropertY prior to the Closing 01 this transaction. The parties agree that the Vendor shall forthwith upon receipt of the deposit, referred to in Paragraph 1 above, invest same in an interest bearing term depOSit or certificate with a Canadian chartered bank or trust company, and the interest earned thereon shall be paid to the Purchaser on Closing; provided that in the event this Agreement is not completed for any reeson which would entitle the Purchaser to the return 01 the deposit under this Agreement. the accrued interest on such deposit shall be paid to the Purchaser, together with the deposit. forthwith without penalty or deduction, and provided that in the event this Agreement is not completed for any reason which would entitle the Vendor to retain the deposit under this Agreement, the accrued interest on such deposit shall be retained by the Vendor. together with the deposit. (bl Purchaser's CondItion - The obligation of the Purchaser to complete this transaction is conditional upon salisfaction, in the sole discretion of the Purchaser, or waiver, as the case may be, of the following conditions: iii that the Purchaser shall have satisfied itself as to tha condition of the Property in every respect and from every perspective. including the intended use thereof by the Purchaser, within a period 01 twenty 1201 Business Days (excluding Seturday, Sunday and Statutory Holideysl from the date of acceptance hereof Ithe -Due Diligence Condition Period-I; and Iii) that the Purchaser shall have satisfied itself on or before December 23, 1996 Ithe -Rezoning Condition Period-) that the Property can in principle be rezoned for single family residential lots in eccordance with the Purchaser's proposed Plan of Subdivision, Icl Satisfaction. Waiver or Termination - The conditions set forth in Subparagraph l11bl hereof has been inserted for the sole benefit of the Purchaser and may be weived by the Purchaser at any time prior to the end of the Due Diligence Condition Period or the Hezoning Condition Period 8S applicable. The Agreement constituled on acceptance of this Offer may be terminated by the Purchaser in the event that either of such conditions are not satisfied, or waived on or before the end of the Due Diligence Condition Period or Rezoning Condition Penod as applicable. Any such termination shall be ellective upon the written communication thereof to the Vendor or its solicitor on or before the end of the Due Diligence Condition Period or Rezoning Condition Period as applicable, On such termination the deposit, shall be returned to the Purchaser together with interest thereon as hereinbefore provided and without deduclion, end the parties shall have no further obligation, one to the other hereunder, save for the Purchaser's obligation set forth in Subparagraph 11ldl hereof. In the event the Purchaser has not advised lhe Vendor or its solicitor with respect to the satisfaction, or waiver 01 such conditions within the times so limite~. the Purchaser shall be deemed to haue waived such conditions. (d) Inspections. Within three 131 Business Days of the Acceptance Date, and thereafter on request, the Vendor shall provide the Purchaser or its agents with reasonable access to the Property, from time to time, In order that Ihe Purchaser or its agenlS may conduct such Inspections and tests as the Purchaser or lIs agents may deem necessary, subject to sntry upon reasonable notice and at reasonable times so as to avoid, and minimize in any event disruption to occupants and users of the Property. The Vendor acknowledges that the Purchaser mey undertake environmental audit enquiries in respect of the Property, Including soil tests and tha drilling of bore .. ./28 Authority Meeting #5/96, June 28, 1996 A187 " 28. holes. All such investigations and tests shall be undertaken solely et the expense of the Purchaser. and the Purchaser shall indemnify and save harmless the Vendor in respect thereto, including without limitation payment by the Purchaser of all accounts for services in respect thereto, and the Purchaser shall reasonably reinstate any affected lands. In the event the Purchaser shall not proceed with this transaction for any reason whatsoever it shall provide the Vendor with copies of all such materials and reports obtained in respect to such investigations. lei Authorization - Within three 131 Business Days of request therefor by the Purchaser. the Vendor shall provide the Purchaser with such written authorizations and consents as may be reasonably required by the Purchaser in order to undertake due diligence enquiries with respect to the Property. The Vendor hereby consents to the municipaliw, regional municipality local fira departmant and any other applicable Authorities releasing to the Purchaser details of all outstanding municipal work orders, deficiency notices or fire directives affecting the Property. Should the Purchaser ascertain that any such work orders or directives exist, it shall immediately provide a copy thereof to the Vendor. If) Notice - All notices. demands and payments required or permitted to ba given hereunder shall be in writing and may be delivered personally, sent by facsimile or may be forwarded by first class prepaid registered mail to the addresses set forth below. Any notice mailed as aforesaid shall be deemed to heve been given and received on the expiration of four 141 Business Days after it is posted. if transmitted by telecopier, any such notice shell be deemed to have been given on the same day 1If a Business Dayl on which the nolice was transmitted, unless transmitted after 4:30 p.m, or on a non-Business Day, in which case notice shall be deemed to have been given on the first Business Day following that on which it was transmitted and if delivered personally, any such notice shall have been deemed to have been given on the day of delivery, addressed as follows: to the Vendor at: With a copy to: MTRCA Gardiner, Roberts 5 Shore ham Drive Suite 31 00 Downsview, Ontario Scotia Plaza M3N 1 S4 40 King Street West Toronto, Ontario Telephone: (4161661-6600 M5H 3Y2 Telefax: 14161 661.6896 Attention: Robert Rossow Telephona: (416) 865.6600 Telefax: 14161 865"6636 to the Purchaser at: With a copy to: Sam Frustagllo In Trust Forest Green Homes Law Offices of Harvey Freedman 5332 Highway No. 7 79 Shuter Street 2nd Floor Suite 1 00 Woodbridge, Onterio Toronto, Ontario L4L 1T3 M5B 1B3 Attention: Sam Frustaglio Attention: Harvey Freedman Telephone: 19051 850-8500 Telephone: 14161363-1737 Telefax: (905) 850-8503 Teletax: 14161861.9919 provided that any party shall be entitled to designate another address for service in .../2C A188 Authority Meeting #5/96, June 28, 1996 . 2C. Ontario by giving notice thereof to the other party in eccordance with the terml hereof. 191 The Vendor acknowledges end agr.e. that the Purchaser ShIll have the right to assign this Agreement at any time prior to Closing upon giving to the Vendor or its solicitors written notice thereof and upon its so doing and upon tha assignee agreeing in writing to fully assume the Purchaser's Obligations hereunder, the Purcheser named herein shell be releesed and relieved of eny further liability hereundar. Ih) Purchaser warrants that it will on clDsing date be a Registrant under the appliceble G.S. T. legislation. Purchaser Igrees to produce to the Vendor on Closing, evidence that Purchaser or its Assignee fit epplicable) is on Closing registered pursuant to the relevant legislation governing the federel Goods and Services TalC, and the Purchaser undertakes to file the applicable a,S.T. form after Closing, and the Purchaser agrees tn deliver on Closing a Statutory Declaration attesting to Its respective G.S. T. registration number, failing which the parties aCknowledge that the Purchaser will be obliged thereafter to remit the relevant Goods and Services TelC and shall indemnify and save the Vendor harmless from any G.S. T.. penallY, interest or other amounts which may be payable by or assessed against the Vendor as a result of this sale. .../3 n...MTIICA.....s Authority Meeting #5/96. June 28. 1996 A189 3. It.A PROVIDED 1bII tIIio "1_ aIla1I ... alt'lCliw. to crrate 1ft .....nt Ia 1M PI.,..., ..., iI IMlUWiYiaiDa ~I ........ionI of IIle 1''-80, ;tal, 11190... ~ willi'" V..,.. or Wor. .......ian, 11. VENDOR ''''- .... it .WIIe 1101 . _l'UideIIof c..- wiIIlia tile ...... of 1M '- TAl AeI on t'" C__, 0-. 13. ANY rMlly WIlli, loc.1 imJll'D"_ e...... ,1IaII'" 8JIIIlII'iaud IlId ........ Ie .. cia, 01 .' ~__ (tile dey .1I1f 10 lie ."...iollOd 10 1'IudlMa). '4. TH! IrMlfer/Deed .IIaU. san for 1M Land Ir_ror T.. AIIidaYin, be pnpand ill rocutnlllo (0"" .tlha u,.... or VcaIar. 1110 T..-,DIId to" __er" .. ........ .haII___1IIo _ co.......... b, c-. SO(:U) of tho ,,..., ;tct, 11190. U. 1IME tIlaII iII.al I'llIJlIICIIIle 01 1M _e Ilerllll fI'OYidIlIlUI tile ... fIIr ...., .. C8IIlpIeii8. 0.1ftY _ "...-.. for henin may be c.lalded or ebrioI... '" ... ..._ in wriliq .i.... ., V..... ... f'Iuduuw o. b)I' U.ir r..pIC';". IOlicilOf' .... u. ...., ....DIIly ....... .1111. "IUd. 16. ANY londer 01 _C", d_ Of -.or horaaader _, be ..... a.... V"'r Of I'lardruct Qf their '"JIIOlM tolieiuo... M-,. -, .. -.... b)I' boIliI: ... or e...... caUr... ., . ScIlodoaIo I ehuand...... or Prowlae. 0' Olllario Sa...... Office, 11. '11115 ".- -Iullirr& ......1IIIdlad IlMto .......... .... .... ap_ ..._ tho PIIICIiIu.. .nd Vondo.. n..... it - ...,....-...... ......,. .....n1 .._ .., ......tiIioa. -Ilol_ direa or coU.""I. or .'P'UI or imphod. wllicll iIIducIlI u, puI, bu. 10 _ late mil A,-_lIt o. on whieb nlMnc.e it pIKed b, IIIJ' IlICh pany, or whit.h .Keen thi. AC-- or tk Propmy or suppoNd hoNbr olhe. Wn It .........ed heftia. nul ""__ .1Ial1 be rel4 witII all chu.u or ...... 01 ....... .... by th. e_. ... rho "".'" 0' conflicl boI__ p'OlOitilln .rill'. or Iy..... in IIIiI .,._ aM ...y p..",i.ioD in tho ~ plrtiool he_f tho ..riaIn or typed proviliOll abaU 1111"'.... Il1o prilltad proviaiou to IIIe ealenl 0' IUCh e....Oicl. DA lED II W()oct,ridge . Ibia~ day 0' June .1'1& SIGNED. SEALED AND DEUVERED ) IN WITNESS .!reroof I haw.Ilo,_ .. '111'/ hand .. _I: ia u. 1'"-. 01:. I :/~w ~.,sAM F' N ~ST (hrWsu) ) ) ) (D..el lrW'dlaMr) T1IE tlNbERSlGNID IIlDeJllI .... .ow. Off... IN WlTNlSS w.....eof VCOlIor bu bor_ umotod thU "Iramona, ) THE MEnO'OUIAH TORONI'O AND IEDlON ) CONSDV4DON 4UT1101UTY ) ) ) POI' (Dllt) ) ) ) Pcr: ) ) w. bowo IIllIlariI}' to ..... IIIe Corpontioa A190 Authority Meeting #5/96. June 28, 1996 .. ACKNOWUDGIMINT IIW. KbowIedC' receipt of . .iplld COJI7 of IIU IIW. ........... ,..,. ill . .... ." ., tIia -flkIl Ar-- oll'llrcbue IIlII S...IIlII.-horip ...... A.-III......... Salt......... . c'1'7 10 ... '0,..'''''' 10 ..,,_ .oIicilor . apJ to lie ....... to .,1_ ...... (Vellllot) <0-) (tlnMMr) (Data) . .- (V_or) <D-te) (I'llrdloaae) (Dale) V"'r'. AddIu. hrdlulr'. .w.... - T...,__ NI. T..... No. Venclo,'. Solieilor Purdluw'. SoIiaMr , ---....- SoIi~lOr'. AddruJ SoIicilOf" Addt_ Tal...... No. T......... No. . ....... iii. ~ 1;;1, ~:~ ]UH-ll - I 996 1&:28 416 661 68'38 97".-: P.16 Authority Meeting #5/96, June 28, 1996 A191 ..-....-... ." ' . --. '. . . -'-, -- .. .. !' . .", ~~ , - ~ -....... .-') "I - ......,,-.. l . , ". ' "' .. , , \ . .. t'. ."-'- . , .. '-_/ !' '" ..... A192 Authority Meeting #5/96, June 28, 1996 FOR USlIH THE ,..owe! OP ONTAIUO AGREEMENT OF PURCHASE AND SALE for a company to be PWaIASIIR, RI L I CONSTRUCTION WESTON LIMITED in trust . .....-., '"'rncorporate VIlNDOR. ". MdrOpOIitu T__ R.p. c-..adon AutIIority.1Iuwp 00 ac- die '0110.... PROPBRTY: PMoIUt IS, C__ 7, City ofVoucMe, RI,""",I Mllllicipllity oIYoril, -wa, 15 KnI, _ or"" llIuaI. .. die - die - lido 01......... AVen&, ICIUlb 01 RutI.m.nI Raod II1II .. 1...._ aau baIdlod .. die IIliIdlod Scbedulo "A. II lbo PURCHASE PRleB of: ONE MILLION SIX HUNDRED THOUSAND----------------CANADUNDO~ ($CAN 1.600.000.00 ) ......- ...... IIIJ' Ipplle.1e Goad. ... S...1c.o To&. IIlIIo _ 0' tho ,",polt)' .. ~ by Vendor'l ""'"1or io _.. Of .... I..... IS __. lIIo I'IucIluo Prtco oIIaII be iDe_od or cIocNuod. u .. cue -7 boo II dIo r8lo 0' S 1 06 . 6 61- _. caJcu...... .. lIuwo cIocionaI...-. 1. PUROL\SI'Jl ..... witb IbU Olhr 5.. 0' Ibo Pu...-.. Prioo poyoblo by COItlllod cboquo .. lIIo v__ .. o dopooll 10 be held by iI J*Kliq OOIIIplolioa or albor ............ 0' Iblo ".,- end 10 be crodltoll Oft __ 01 U. l'Iuchuo Pricw OG ...........ioo; .... 2. PURCHASER acr- ID PO), tho beluco 0' Ibe PIIrd1ue Price by cub or conified eboquo .. elooill, to die V..... IUbj_ to lIIo odjU_1I1 herein provided. ,. (0) Thi. A,_ ;1 rubjKt 10 !be 'ollowinl condldono, -bleb an for tho beaoftl or VCDdor. bciq I.iofiod oa or prior 10 tho c 10110, of IbIo 11'UII&Cl1ae: (1) .. Voodor oblaiaiDl oppravol Dllbo MiDioter 0' NOlIIIaI R_ permiaiDl il .. ..U tho PI'opony: (ii) dU. "~I boinl opproved by Ibo Ib-.u.. C....__ ODd Mombon 01Iloo Vendor: (dil 0__ .... boRI obIaiDed plI'I\WIIlO '-ioo SO 0' lbo Plaaaial "d, 1990, 01 Vendor'l ......, wftbouI CGadilicx. IftKhinllhado or if IID1 CODdiliou 1...-ciIod IDIbe __, Iboy on .1Iior._ry 10 Vendor. I( by Ibe Clolinl DOle 0-0 coedit i_ 1ft _ .-.fied. VlDllor _y omlDlllhe C....laa Dlle by IIllDco aM>n II any time up 10 lbo Closiq 0_ 10 Pun:buer 10 any dolo 001 later lboa December 31, 1996 (dID -1_ Cloli"l n_"), I' by tho Clooina Dale or the IMcr Clooinl 0-, ...... coadili..... ... - II1illiod. the d"l"'sil -ilb iDIe'ClI lbaIJ be rocul1led 10 Pl&rc:buer &ad _ell 0' Ibe putieo sbaD .... rclcuod Crom all of IbMr oblil"li..... be...., (lI) PIudIoHr ocJ.:ng.ledSBI it il solely responoibll Cor ...y .".,..0\1 rwquind to be pUllo IID1 DNNclpal or ocher lovemmeol&l wlborily includine loc I....ioo. dovelopment 'bare" or buildiac POmUlI or ochr:rwil& 1/,01 m.y bl "''l"lrod prior 10 ony improVelDCl\U or buildinll bein, '.....II\I'led OD th. Propelt)' and ruell &mOunl. arc 001 incllM:lod in 1110 Purclwo Price. (e) Purcbu. lboll und.rtako on dOlinl end it sboll be a coedition 0' elo.inl Cor Vendor'l ....lIClfiltboa Purcbuor .... undertaken u CoUo_o: (l) Purchuer lhall CORlINd II ;11 ,noI 11001 lbe boued.ry boI._ Ibo Pruperty ODd Ibe odjoinin& I'"'P""Y DC Vendor. 6 fOOl bl.,k vin)1 elw.a liak feac:1 to tho 1laD:IanI. u i.lhera lmI1D&IIy "iDs c:GRIIN<1od by V 0310. III ill otbor propeni.. ..llbiD lio _atbo of tho Clooial Dill: (II) Plorchuer lboU ..lablioh .illUa Ii. mosb. 0' Ibo Cloom, Dill vololalod buffcr area of opprolimo&lly 10 al<C_ ",ide on Vendor I propony lion, lbo property bouDdaIy 0' Ibo Proporly onJ thl .dioinia, propeny of Ibo Vendor II Purcbaou'. COIl oonoU.lin, 0' 0 ~ion of liul end .poeiN 0' nolln vOlleti.. of pi.. IDlllriol ill ooconlanco wjlb lbe rollo.illl ",id.Iin.I: 30,. Ilvvbl; 35,. bor~,_ ood 11,. coli,... lreeo _ilb I rolio 0'60" coaita-. end 40,. 4oeicluow. ..Ilh reepeel 10 lb. bon""'l &ad ellipot' I....., .11 in 1CC0rct.o- .nds I Plonllal plaa prepared b)' Pu..bAI.r oncl Ipprovod ill _rilin, II)' Vendor, _b opprovol not 10 bo ...,euoII&bly ",ilbh.ld: (Ui) Pllrchuor .hall eomply ..ilh all Mll4ieipoJ rwqW.omenrl Cor lho flllure... 0' Ibo ,"",pofty. (If) Purcbuer IIClaIo-lcd,ee Ibor the TIMICe./Dud 10 Ihe Proporty shall c.oatain mtric:tivo COVen.IIN IbaI wlU provide u 'ollowo: (I) prohibit WI 1110 of Ihe I'.opon)' 'D' .ny p.''1''''O or lIIe OCb.r I..... I UN ..... e_rary 10 _. v...... . ""'~"" ... ."", .... _ "'''.''' ~'"" V....... "7 A193 Authority Meeting #5/96, June 28, 1996 2. M .. -- _lna.. '""*" ............... to __ _ v....'. ad"'" JII'IIPIII)' IIIlIeu \be ..... ~ 0' the v..... II tine CIlIIu.ad; (UI) TIle PrllpIfty .1aUI lie IUlIjea to 1 ri...,...., ia fa_ of "- v..... ,. _ .. \be V_.'. ........... _ ollila PIOfIII')' at I.....u, .".....Iacadoa; (ho) IlO IlNClltnl, ......v.__... cw dew.......... .1MIl lie,....,... ..lIIa ~ ..... ... ~I Ptm:huu 1Iu line: (A) --- 6 '- WId< ..,. dial. IWr '-' .. ill _ ... .. ~ -- .. .....,.." ...... ~ """"'" "'.. v.... '" tba IlIDdud II II ... ......u, btoq ___ by v..... tw 118 .... ........; (8) ..tabIi...... 1 ............"..... 01."........". 10 _ .... v......... ......... JII'llI*I)' aIaorc 1M"""""" at.. ......,.,., .... .... adJolaul, ".,.,.." of 1110 v......r .....u... 01. c.....~ "'..... .... IpIIC-. at.....a ........ 01 pi.- -.naI .. accomIMce ....... IIaIIowma ~ ~.....; J,,, --....15" ..u,.'-wtdtl ratio 0160" coaiI_ lad ~" dac...... WlIh ...,..to the ~ .... caliper ..... all ia ____ ... · plantl", plaa prqMred by I"Iarda..w IIIId eppnwad ia .ritiq by v...., AIda lpprovaJ DOl to be IIIII--.bl, .itbhoW; (C) P\m:buw bat IIll.11ad Vendor It .w oal)' _ S'-aIar &.t M-.- Pracltc.; (D) COIIIpIdod aa ~ IAYlltlptIoo IIIId CUIJ CIIII Ill)' IlIIIlptlv. ""lOll .atit~ 10 Vandor. Notwltlwtaadlq tba work rwfarrad to ill -. (A), (8), (C) aid (0) lIbovl hat DOC ..... cOIIIfIlcted, PIlrdaa.r ...., _ COIUInIclIOO 01 1&NI:IUtw. improv_ or .... aIof>,,-- illt hu h P-idId -iIr tor .. dace 01-.10 wwk ~I)' IIIWac:&o,y to Vaador. 4. PlIRCIASER ..- - tIIit 0fFe.0 .blU be UnwocaJlI. .." ......U 11:59 p... .. tile 4dI clay '" July , J 1196 . aIlw .1dCII -, 11- -..,I. daII Ofl'w lllaIJ bo ...u .... .old IIIId Ibo depot. IIIaJJ bo ,..... ... Plarcbuv w1tbout Iot.rea or deduc:uoa. ,. THIS Aa.--. IIIbj~ 10 P.IIJRpIt 3(1). .hall lie COlIIplllld cia tba I StIa d.y 0' Odobar. 1996 ("CIoeIllJ Dat."). Upon completion, v~ pollCUIGD 0' Ibo propart)' lllaIJ bo ".... 10 1'IIrcIluw_ 6. PURCHASER IhaJI lie aJIoWlld undJ s:oo p tIl. 011 dla 4tb day oIs.,..a.., 1996 (Requieitioo Date) 10 ollllliall tile IitIe to tile Propel'!)' at bi. o~ 'lpII1Ie 7. VENDoR ....1'I&n::I... op"" IhoI theroo io ... colldition, CIpRII or illlplied, ro,..-.doa or W&InIIIy 01 an)' tiad thallbt Mull ilII-'ed UIO 0' lhe P"'pctty .." "'"cbator u or _III bo lawful. I. PURCHASER eclato...ledrca havill, uuJIICtod th. Propeny prior to oubmittlA. tbII MlII' IIIId ~ tJ.t upon tile Vador ~ tbiJ ~r there &tIaJI be I biDdillC .,-._ 01 purchao.... oaIe bet.-. Purdwao IIId Vaador IIId Ibt I'I1rcha.r ....- to -. .... Propony AI .. .... ackllo"'led," that lilt Purdauor bu doao III own left. IIIId no claiau wiU be lIIIdo In clllUWlClion with Il1o CIIYifClll.lller&al -.dition ollbo proau.u. 9. PlJIlCHASER .hall DOl call 'or lbe produ....... 0' .., lille d<Ied, M"""" lU,.,oy or otbw ...id_ or lido 10 1118 PropoI'l)' olccplllaCh .. ara IlIIbo poII".1011 or COntral 01 Veador, Vaador q-lba& be will deUver III)' ...... or ........,. of Iha .....,...", In bit ,......_ or WIllun lID _110 ""n:Ita,. .. _ .. pouiblt aad pnor ... 1M Jut da, a1lowsl lor eallDlllia'lJt It. 10. PROVIDED lbat Ibo Iitlo to tho I'ropcrt, io load IIId r.. hm aJll'Illlllend l'CIlricotom, cIIatzw, u.a., &lid -.alDbr_ "cepe .. albawioo lpocifically ,..,.lded ia lbit A..._ &lid "Y. .... .... ror: (a) IIIIY "Iulered RIlriclioat or co~_. that run ...ith the plOpC"y providina that IUCh are cotnpIIed .Itb; (It) ~ nplla'od aaaDc.paI'''--' aa:I 1'C,II1ered qr_ wllh pubUcJ, ral\llaled ullllllu provldlq Neb ba.. bee CGIIflIIed WIIh, or ocuriIy bat t.-n pooled 10 ORIUro comp/I_ .... corapl..doa; .. ovidenced by . '- from lbo ..1...- 1.....IClpeJily or n:l"llIad ulilil)'; (c) lilY '1lIner ___ for lIIIeupply 0' ~ic UIWty or I.'ophono IC,.,icc. to che 1'rope"1 0' edj,cenI propottlct; IIId (eI) Ill)' ____ for dll_ao. .1_ or .....1..,. .....n, public: utiliI)' I....., 1.lophone linct, cab.. 1Al1..ilioa IiDta or odstr oenolc.. ",hich do _ --111 air.... tile pr...nt UI. or the Propeny It .itlua lha 'JllCIIied lImu ref8md 10 ill puqnpb 6 my yalid ahJectiOllIO lido 01 CO M)' 0UI11111d1ll1 municipal ...ott onler or dallc.)' nocIco, II mado ill ",mill,lo Vendor &lid ...bich V.lldor i. unabl. or ......-min. 10 R'IIIo.o, l'CIady or l1li.", and wlIlch Pwdwor ril DOl waivc, dIiI ..."...,... nrI""'^"-nllll, any intcllnodi.IO lei. or nOIOllllloRl ill rupc.cl ol.ueb obJICUonI. wlI be. an IIId and aU IIIOIUCI thcroiro'orc patd shaIJ ba IWUmod ....Ibout Inlcl'C.Il or deduetiOll aad Yandow lhall noC be liebl. for Illy coot. or dlll1lCn S.~o .. to &II, .a1id obJCCllOII to mad, .." rucO clay and o""f'l ror lilY -......... - .,.. ...,. .......tt..... .. _.......,......... '"" _~,. ... 10 Il1o PropMy. , r ,....... cat....", .- A194 Authority Meeting #5/96, June 28, 1996 Jlt+-11-19'5lli 16:34 I1TRCA ~16 661 6898 p.el~17 J. ... "O\'1DlD tboI dIia A...-.r .I11III be .1hCtM 10 _ . .... .. 1M ....,..., .." II 1M ..wn.w.. ..-. ~ 011"'1''--, Acr, 1990... c.,..u.t we by V........ 01' Ilol_ C IT' -_, 11. VENDOR..-Ihet Illball... -. IIOlH"W- at c:a-Ia...... 1M -c 01 1M ,_ Ta Au... ta CJoaoaa 0.... 13. ANY ...aty taaa. Ioaallmpto._ cIIupIlbaII be appo.. .... ... allowed 10 a. cIA~ 01 .. ....(tIIe cIA, """10 be 8fIPlII'.-d to ~). 14. TIlE T,...,.,/Deed .baII. ..... fell' dIa Uad T...rw Ta AftWpiu, be pnfIlINlI ill npIII'aWa tons a& tile ....... oIVlIIIdw. n.. T...(ariDead 10 be.ww...l ... ~ .a.u _ilia _ ...-.........., by cIauM SO(2%) 01 1M 1'__, Acr, 1990. 15, 1'IME ..... Ia all ....... be at... _ ......,,.....w IIIat II. lima rw do-.a 01' -..... or .. -acr ,.....;.lad (or herelD -Y be ..,anded 0#.......... by AII.~ ......... Ii...... by Vaadcw ... I'IIrc:IIaNr 0# .., ...... ....-.... _!anon ....... ... .......,. ..,.....,. ~ ;. lbaI....... 16, ANY IC1IlIer at-'cel. ~ .... -" IIawa6ar may be......... V..... or I'IuclI.. or IbW ...,..civ. ..~. M.-,. may beloDdNed by ..... dtaII ... cb.qloo cartlIIod by . s.a.aala 1 cIIuterod ..... 0# Provlaoa 01 0aIan0 SavlII&I Oftica. 17. 11D5 A..-c ineUdinc .......... IIladIod ...... ..... ____a 1110 -.. ."..... ~ II. PIaRhMcr ... Vndor. 1llcro.. - ......-ioa, wan....Y, CGlIatcnI ""- or candltJoA, ........ dlroct or oollal.r.I, 0' caprell or implied, whlcb IOduc.d ..y ""Y banlo 10 _ UIlO IbiI A&- << 011 wlucll ......... .. placed by II1'f ...... fW1Y. or wbidl alrecll thio A..- .... lIla I'ropr:rty 01' ""PfIOI'ed hcreOy ou- u.a U ClIpraoed......... nul A..-- .baIl ... read wiIb all cbaa,.. 0' ..... 01' ........ requuwd by Iha _IlL I"lhc ew_ o( conflIct bet..... ,......,.."'" wna. or rypoclln dIII.._ and lilY pnn.._ .. !be prwai,...- benIaI!be..nIca 01 l)pocI plowl.iaa....... "'flO'Mdo lhII prirIled Jll'C"IIiono 10 Ibo w.& 0I1IId\ cotIIIIct. 18. Schedules "1\" and uB" attached hereto forms part of thlS Agreement of Purchase and Sale. DATED II Vauqhan , dliI .l:i.. ....Y 01 June ,1922 SIGNED, SEALED AND DEUVERED ) IN WITNESS wIIorcof I ba... -.- III fIIY bud ... ..t: ia lba ....- 0(" ) RILl CONSTRUCTION WESTON LIMITED : '" trust for a compa~~corporateu ) /3- 6')L ~ ) (OM.) ~, d ) GUERINO VERR LLI, Presl en~ ) ) ) (Dau) ~ THE UNDERSIGNED acccpU Iba aba.. Oft'..... IN WITNESS wbe,...f Vealor bu ~o OIOClllod dU. Acr-meat. ) TIlE METROPOUT AN TORONI'O AND REGION ) CONSERVATION Al111tOIU1Y ) ) ) Por:__ (OM.) ) ) ) Pw: ) ) w. bawc _boriry 10 blDd Ibo Corp....doll Authority Meeting #5/96, June 28, 1996 A195 4. ACKNOWLEDCEMENI' I/W. acImowled.. receipt of a .i..... copy of .hie I/W. KkMwIed.. nceipt of a....... c:opJ or thie MlC8plC A..- of Pure..... and Sale and euchonze 8CC8pled A..-- 01 Purehue .... Sale and ~ . copy to be f_arded 10 my/our lOIic11or . copy to be (orwarded 10 my/our IOlicItor (Yaador) (Dale) (1'\In:Maer) (Dale) (Yendcw) (DaIa) (1'\lrchaar) (Dala) 4001 Weston Road, Weston, Ontario .M9L-2S8 Vendo,'. Add.... Purchuar'. Add.... 416-749-5030 (Fa~)_416=l.4j=9S8? -- .0____. __"__ Telerho- No. Tu.p- No. John Capo Vendor', Solicitor Pun:huer'. Solicitor Capo, SgrO, Ullena, HeIIIsvorth, Mendicino 7050 Weston Road, Suite 400, -Weodb"i~rOntari9 L4L-8G7 Solicilor'. Addre.. Solicitor'. A res. . 905-850-7000 416-798-4838 (Toronto Line) Telephone No. -905:850:70501~" Telephono No. \ 28 1996 . #5/96, June , Authority Meeting A196 .- 416 661 6898 ,".017.19 -. ..-.-- - JU+-11-1996 16:J5 ~ s. SCHEDULE · A' ~ . t Q ;) .. Authority Meeting #5/96, June 28,1996 A197 SCHEDUI.B '9' 1. This offer' is conditional for' a period of .thirty (30) days from the acceptance of this Offer' upon the Purchaser satisfying itself in its sole and unfettered discretion with regards to the following: (a) that the services are available to the site and are of sufficient size to provide for the development of the lands: (b) that the property is suitable for the construction and use of the Proposed Development and with r'espect to the financial feasibility of the Proposed Development: and (c) that no extensive fill has been placed on the site and upon the purchaser obtaining, a soil test at its own expense, and being satisfied with the results of the so~l test. It the Purchaser is not satisfied in its sole and unfettered discretion with the above noted conditions within the conditional period then this Agreement shall be null and void and the Purchaser's deposit will be returned without interest or deduction. The parties acknowledge and agree that this condition is for' the sole benefit of the Purchaser and may be waived by it at any time. 2. Immediately after acceptance of this Offer, the Purchaser' shall be permitted access to the lands at any time or surveying, testing or engineering purposes or for' any other purpose assoc~ated with the Purchaser"s proposed development of the lands. 3. At any time, or times after' the acceptance of this Offer, the Purchaser and its agents, servants or workmen may enter upon the lands for the purposes of making surveys, soil tests, compaction tests and other slmilar tests and the Vendor agrees and hereby authorizes the Purchaser' and its agents, servants or workmen to have the access to the lands for those purposes and agrees to return the land to its original state if the conditions herein are not fulfilled. 4. The Vendor hereby authorizes the Purchaser', upon its waiver of the conditions her'ein, to immediately commence any rezoning and any Official Plan amendment and application for Plan of SUbdivision for' the lands necessary for' its purposes and hereby appoints the Purchaser its agent in r'elation ther'eto. The Vendor' further agrees that the Purchaser' may commence an appllcation to have the land transferred to the Land Titles system immediately after removal of the conditions her'ein and agrees to execute and deliver without delay and without payment all documents required to comply with the above within five (5) business days of delivery of such documentation to the Vendor's solicitor'. The Vendor agrees that it will join and support any of the above applications provided they will comply with their guidelines. 5. The Vendor hereby agrees and covenants with the Purchaser to use its best efforts in assisting the Purchaser to obtain all of the necessary approvals, including to consent to and execute all necessar'Y documents and appl ications for' zoning changes and/or plans of subdivision, All such applications and approvals are to be entirely at the expense of the PUr'chaser. 6. (a) The Vendor' acknowledges that it is the owner of the corner property outlined in blue on Schedule "A" which is situated on the southwest corer of the purchased land fronting on Islington Avenue and to other lands adjacent and south of the lands and the Vendor hereby agrees with the Purchaser to provide the Purchaser with whatever easement and/or transfers of lands that are necessary over the Vendor's retained lands as are required to align the road for the proposed development of this property with the ad)oinlng road known as ~ycllffe ~- A 198 Authority Meeting #5/96, June 28, 1996 Road and will provide such easement and/or transfers of land to the Purchaser provlded that the Purchaser will prepare all legal documentatlon necessary for such easement and/or transfers of land at its expense and at no expense to the Vendor. All such transfers of easements and/or transfers of land for road alignment purposes shall be provided to the Purchaser by the Vendor at no cost to the Purchaser. This clause shall not merge on the closing of this transaction but shall survive same. The Vendor agrees that all such easements and/or transfers given pursuant to this clause will comply with Section 50 of the Planning Act of Ontario, as amended. (b) The Vendor acknowledges that it will retain title to the pond area outlined in orange on Schedule "A" but it wlll provide easements to the Purchaser after the closing of this transaction for storm water management purposes and agrees to allow the Purchaser to make full use of the pond for all stormwater management purposes necessary for the development of the purchased lands. All these easements will be provided by the Vendor to the Purchaser at no cost to the Purchaser and this clause shall not merge on the closing of this transaction but shall survive same and the Vendor will provide an Undertaking to the Purchaser on clos.1.ng to confirm this agreement. The Vendor agrees that all such easements given pursuant to th.1.S clause will comply with Section 50 of the Plann.1.ng Act of Ontarlo, as amended. 7. The Purchaser shall have the option to purchase the additional three acres of land adjacent to and at the rear of the subject land when same becomes available for sale by the Vendor. The purChase price for the sald three (3) acres shall be $106,667.00 per acre and all the terms and conditions of the within offer shall apply to the said purchase of the three (3) acres. Provided that if the Purchaser does not take up the option to purchase the said three (3) acres when same become available for sale then the Purchaser agrees to provide the Vendor with access to the said three (3) acres of land in order that access be malntalne~t the Vendor to the said three (3) acres of land. , ,L Authority Meeting #5/96, June 28, 1996 A199 PASCALE, ZENTIL ... S1UUlSAve.u. WUT BARRISTERS & SOLICITORS suml ~ WUT8U&DlNlI v........ QNTNIaQ LAL <<II Nm40NY PASCALL 8.A.. u.s. TON\' DI POC&. B.A.. LUI. ~ (IlIIt IlD4IlIll TlNO ZENTlL. 8.A.. LLB. ALVIN loA. "'ISELS. 8.10., LL8. TCRONTQ LM: ~1" 7.7. lB.&FAX: (IlIIt IINIII CClUNS&L: PAUl.... VALENTI, 8.A.S& P ENCl.. u.s. REFs. TO FU! NO. 4526 LmIIAnDN COUNlI&L: BAfIIIIl'f A. EDSON. LL8. June 13th, 1996 DELIVERED The Metropolitan Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario M3N lS4 Attention: Mr" J. C. Mather Chief Administrative Officer Dear Sirs: Re: MOSER, IN TRUST Offer to Purchase Part Lot 15, Concession 7, City of Vaughan, Regional Municipality of York As solicitors for Father Claudio Moser, In Trust, the prospective purchaser with respect to the enc 1 osed Agreement of Purchase and Sale concerning the above-noted property, we wi sh to confi rm that i n the event that said Agreement is not accepted , our client is prepared to enter into negotiations to purchase a parcel havi ng reduced acreage (namely 10 acres) based upon the same or simi 1 ar terms and conditions as contained in the attached Agreement" In addition, our client is also prepared to enter into negotiations for the leasing of an additional three to four acre parcel of the Vendor's adjoining lands provided that either the attached Agreement is accepted or a revi sed Agreement i s entered into for a reduced acreage as expressed above. Yours very truly, AP /11 I A200 Authority Meeting #5/96, June 28, 1996 FOR USE IN TIlE PROVINCE OF ONTARIO AGREEMENT OF PURCHASE ANp SALE t'UttCltASl!lt, Father Clc1udio Moser. in trust ,affonlobuyrraoll VIlNDOK. n.. Meirapal.... or u...~u ..... tlc!:;ulI CUllICrval''''' AullllIrily, III....!:".IO a!;CUI, II.. fullowia'cl'ltOI'WtTI: I"'. of UI& IS, c..accaiUl. 7, Ciay uf V...!:hAl', 1I,,!:iullal MllIuo;i,.liay or Y u,~, .antaiuio'c 1 S acre.. IIIl1111 or len liwa.o 1111. _1110 _ lido 0( blin!;l'" ^-, ._11 of lIullo:rrunlllu.!..... AI .lllIwn crou IIaIcbod on 1110 a11ac1aod Sdllldulo . A. at 1110 PURCUASI! I'RtCI! of: ONE MILLION FIVE HUNDRED TIIDUSAND ______uu________________ CANADIAN DOUoAIIS (SCAN 1 ,500.000.00 ) 1"ll'~I- w~b OilY o,,,liicaloho Gooouo """ S......ica T... If '"0..... of ,... I'ropal'ly AI deaonninod by Vcador'. .urveyor i. 1110.0 ur lese II.... IS ......, Iha l'urd_ I'nea .IIall bo illcrcuod or dacrcucd, AI 1110 cuo may bo, Allllo rile of \ I 00 , 000. OlllCr acre, cah:ulatcd Iu ,hrcc uo:cuuall'iacu, I. I'UKOIASElt I.,bmill w,tb Ihi. Orr"r 5 ~ ur Ilia 1~In:h.... I'rica ,.yablo by cel'lilic:d dlCl......a Ibo VCI"'ur .. . depalil 10 be hcklby il '-':'Ilhll& cum'....:...un UI u&hcr h:.........."n vi Ihu ^GrcculGlIl AI'" h. bo crOlJilaJ un ac:caunt o( lha l'urchue ItriL:c on CUIII,"~lioni D..IIJ 2. l'UltCIIAS\i:1l agree. 10 ".Y Iho haloll." or II.. I\",chu.. I'riee hy cuh ur cel'l.lic:d cilC&lUO all c1a1I11S 10 Iho Vcn&la, lubj"IIO tho ndjuslmenl. her.:1U l'.uvuJt:4I. 3. (a) 'l1.il ^gre:elllelll ,. .lIloiecl 10 Ih" rulluwlIIS COlluiliu,u. ..hieh nre fur Iha Ucllalil of Ve:,"'or. laeill!: ...i.flcU un or p'lor lu Ih~ d03m!; uf ahi. hallsa\.:Uun: Ci) lllloS Vendur uh.aimng ftl'l',uval uf Ih..: lYliltlslcr uf Natural llCJoulccl patUIIUmc il 10 ,clllltc I'ropcrly; (ii) ,hil I\greelllelllla"ing .p'lfu.coJ lay Ih.. Uaecllli.a CUIIUII;II"" ..... Melli""" of 11.0 Ve:,"'ar; (iii, . cUluc:n. 1...1 Itcen .,Itl.mcd 1_lllly..1 In Sr:..'i.... SO u( Ibo .11."..line Act. 1990. AI Vcnuu,', CUSI, Wllh"u. &;unUlhunSlIllM:h'''I: 11..:a"..u or il &lny ~Unu.i'lUllS .,1,1 ..1.hDJ lu llac &;GIllen". Ib01 al" s.II"~IUIY lu Velluu,. Ir lay .he Cluli,,!: nOlc Ih,,"o .u.Mli,iulIl .," lIul .alilli.d. Va"',,, lIIay calC'''' U... Clulillg (lua lay luit.:a given at uny IImt: "I' Iu Ihe CluJi..S Uatc lu .'t.,\,;h.lU;f Iu &IIY daau nul Ialcr .b... Occcanbc, J I. I9'XI f11... 'Uuer Clu.mg I)IIIC'), If hy II", Clu.ill!: I).,IS ur Ih.. IAler Clalill!: l)a1a. Ihcao .o....iliulll ara nOl IAli.n.:cJ. Iha ,I.:"..,il wilh inlc.,,:., shnlllN 1.,;'....M:o&llu 1'\I,,:hu":l a.u \:Kh of Iha lIar,iclll.II be rclc:u.:d (,u.n 11011 uf II..:., uhligftllUlq her.:i... Ib) l"IarcbASer IICknuw....lge. II i. .ul"ly ''''I'u".ibl.. rur nllY DI'MIIII' ":'lui.",llu IN> I..id 10 a..y "lIlllici,..1 or ulhc:r guvcrl1l11fo:lIl'" nUlhullty 1I1ClwllI& 1u4 1":"1&:1. l.l.:y..:lul'"M:nl ~h.'gCl Uf lJuildins l.crmi.. Of ueher.isa I hili IIIIIY I~ r':'luiu:,1 priur Iu IIIIY 1I1I1..u"oe:llu::nll ur hmkJinSI bcill& cOIi.lnn:.lcU un Ihu .1,0I1C.', "1,,1 JUt..h IIIIIUUllb IUt: nul 1IK:Ia..Jcd in Iht: l'II1dNlSU lll1ce. (e) r"re:buer .bolllO",I",'"ae UII .lu'lII!: ..MI il .I",UI.. n cu.Mlil'u" uf CIUlill!: rur V".Mlor', b""c.il Ihal I\ucbucr ha. u.MI".la.,," .. rulluws; (i) Purchc1ser Shc111 construct at its cost, along the llounuary lletween the Property .lIld the c1ujninill~ property of the Vendur (to the soulh) c1 six (6') foot 1.I1.1Ck vinyl chain lillk fence lo lhe slc1mlc1l"lt:; c15 is then nllrmc111y bein!) conslructed l.Iy the Vendor' c1l its other properties; (; i) Purchaser Shc1ll enSI...e lhat c1 ve!)etc1tt!d buffer area of allproximc1tely lell (10) lIIetres wide is lOaintained, cOllsistent wi th lhe CUI-relit Slc1tC of ve~ctc1lion, 011 lhe adjoinin~ property of lhe Vt!ndOI-; (Hi) Purchaser shall comply 11ith c111 Municipal requ;rl!ments for the future USI! of the Pr'uperty which the Vendor acknowledges as beillg c1 reI igious rcl'"l!clt el!lItl'I!, c1 sanctuary, c1 school i1nd ancillic1ry uses thel'l!lo lugcther' with c1ssociateu parking faci J i lies; cllld (al) I\,rchuer adl.....los.Igcs UIIIIII", Troll.lel/Dccu lu th" l'I"I",.ly sbaU CDlllaill rcslriclivo covCl.a..11 11..1 will pruvide .. rulluws: .. (i) prohibil Ihe: "'C ur lI.e I'rn"",ly rur nllY '"10 I....e ur ula ulh..r U...... a wa lIul cUlllrary lu VcnJurJ ul1jCChVC3 nmJ \Vlaid. Ju..::t 11111 IIcGnliv..:ly IlIIl'a..1 Vcnuur's n&JjumillG IDU,b. .. the use of the l'urchc1ser as set oul in thi s "greement A202 Authority Meeting #5/96, June 28, 1996 3, 11. Provided that this Agreement shall be effective to create an i nteres tin the Property on ly if the subdi vi s ion contro I provi s ions of the Planning Act, 1990, are complied with by the Vendor on or before completion. 12. Vendor represent:; that it shall not be anon-resident of Canada within the meaning of the Income Tax Act on the Closing Date and covenants and agrees to provide sati sfactory statutory declaration evidence to that effect on closing, 13. Any realty taxes and local improvement charges shall be apportioned and allowed to the day of completion (the Closing Date itself to be apportioned to the Purchaser). 14. The Transfer/Deed of Land shall, save for the Land T,"ansfer Tax Affidavit. be prepared in registerable form at the expense of the Vendor. The Transfer/Deed of Land to ~e delivered on completion shall contain the statements contemplated by clause 50(22) of the Planning Act, 1990 (i.e. Uux 13 shall be completed and executed by the Vendor and its solicitor). 15. Time shall in all respects be of the essence hereof provided that the time for doing or completIng 01' any matter provided for herein may be extended or abri dged by all agreement in writing signed by the Vendor and the Purchaser or by their respective solicllors who are hereby expressly appointed in this regard. 16, Any tender of not ices. documents or money hereunder may be made upon the Vendor or the Purchaser or their respective solicitors. Money may be tendered by bank draft or cheque certified by a Schedule 1 chartered bank or Province of Ontario Savings Office. 17. Thi s Agreement includillg all schedules attached hereto shall cons t Hute the ent ire ag,-eement be Lween the Purchaser and the Vendor. There is no representation, welrranty, collateral agreement or condition, whether direct or collateral, or express 01- implied, which induced elny party hereto to enter into this Agreement 01' on which reliance is plelced by any such party, or whi ch affects thi s Agreement 01- Lhe P'"opel-ty or supported hereby other than as expressed he,-ein. This Agr"eemenL shall lJe read wiLh all changes of gender or number required by the context. In the event of conflict between provisions written or typed in this Agreement and any p,-oviSion ill the printed portion hereof, the wri t ten 01- typed prov is ion (s) shell 1 supersede the pri nted provisions to the extent of such conflict. 10. , (a) The Vendor aCknowl,edges thclL the Purchaser is acqu1rlng the Property 1n orde,r to const,:uct a mIxed use dpvelulJment thereon containing, amongst other th1ngs, a ,-ellg10us ret"eat centr"e, a sanctuary, a school and ancilliary uses together \~ith associated parking facilities in addition to any other facilities which may be requir'ed by the Purchclser or which the Purchaser may consider appropriale, in ,Kco,-dance with d conceptual site plan designed by Spectra Architects Inc., copy of which is attached hereto as Schedule "U", which conceptudl site pl~n is subjecl to change and/or revision. (b) The Purchaser and its authol-ized representatives shall have the ri ght to en ter the I'rope,'ly a l any time duri ng day 1 i ght hours fo 11 owi ng the dat~ of execution by the Vendor of this Agreemellt until the Closing Date, upon prlor reasonable notIce to the Vendor, to conduct any and all site inspections or tests. including soil, w<ller and air tests (together the ~Tes~s"), necessary or de~irelble to ensure the suitability of the Property for Its Intended us.e. The Pm'chaser shelll IJrOlllptly repair any damage to the Property resultIng frolll the I'lil"chaser's excel-;s~ of ils ,-ights pursuant to thl s paragraph, except \~Il(!I'e the t'"elnS,KtiOIl contempl elled pursuant to thi s Agreement closes, in which Celse the Purchelser shall not be responsible for the aforesaid repair obligations. Authority Meeting #5/96, June 28, 1996 A203 4, (c) The Vendor and Purchaser acknowledge and confi rm that the Purchaser has only briefly examined the Property and that the condition of the Property and the status of title are key factors in the Purchaser purchasing the Property. Without in any way 1 imit i ng the genera I ity of the foregoi ng, the Purchaser shall have until the expiry of thirty (30) days from the date of acceptance hereof: to make physical and environmental inspections of the Property; to satisfy itself that there are no outstanding or contemplated expropriation procedures affecting the Property; to satisfy itself that the Prooerty is suitable for the construction and use contemplated by the Purchaser as expressed herein and that the soi 1 conditions are suitable for such proposed use; to satisfy itself that the Property has not been designated as a flood plain area and is not within any fill line area designated by any conservation authori ty; to satisfy itself that the Property has not been designated as a historical site pUl"Suant to the Ontario Heritage Act R_S.O. 1990, C.O. 18 as amended: and to satisfy itself that the results of any archeological investigations do not reveal that any mitigative action is necessary. In the event that the Purchaser is not satisfied in its absolute. so 1 e and unfettered di scret i on that the conditions descri bed above and such other conditions which milJht be contained elsewhere in this Agreement have been fulfilled within silid thirty (30) day period, the Purchaser shall be entitled to terminate this Agreement, in its absolute, sole and unfettered discretion on or before the expiry llf said thirty (30) day period by written notice from the Purchaser or frnm its solicitors delivered to the Vendor or its solicitors. In that event this Agreement shall be null ami void, so that the Purchaser sha 11 be under no further I i abi 1 i ty or obi i gat i on under thi s Agreement. and the Deposit shall be returned to the Purchaser immediately with interest and wi thout deduct i on. The Vendor and the Purchaser covenant and agree that these conditions. in addition to any other conditions contained in thi s Agreement, ex is t for the so 1 e benef it of the Purchaser and may be wa i ved at the discretion of the Purchaser by written notice from the Purchaser or its solicitors delivered to the Vendor or its solicitors, waiving any such unfulfilled or unsatisfied conditions. 19. It is unde:-s tood and agreed that thi sOffer is bei ng made by the Purchaser in trust for an individual and/or religious order to be designated or a company to be incorporated or designated and with no personal liability whatsoever. At any time after the acceptance hereof, the Purchaser may assign the within Agreement to such individual or religious order or such corporation as the Purchaser might designate and/or incorporate (the "Assignee") at which time Father Claudio Moser shall be relived of any further obligations hereunder and all of the covenants and obligations herein shall be the responsibi 1 ity of the Assignee and shall be enforceaule only against the Assignee. 20. The Vendor covenant sand agl'ees to di scharge any and all outstanding mortgages, liens and other enculllul-ances registered against and/or affecting title to the Property, at its own expense. on or before closing, 21. The Vendor covenants and agrees to provide to the Purchaser within two (2) weeks after the accept ance of thi sOffer. and at no cos t to the Purchaser, an up- to-date survey of the Property and an acreage cert ifi cate from an Ontari 0 Land Surveyor conf i rmi ng that the acreage of the Property is fifteen (15) acres, In the event that the ilcreage, as represented by said certificate. is more or less than fi fteen (15) acres. the Purchase Price herein shall be adjusted on the basi s of ONE HUNDRED THOUSAND DOLLARS (SlOO.OOO.OO) per acre. 22. The Vendor covenant s and agrees to co-operate fu lly with the Purchaser in connection with any and all applications necessary to permit the Purchaser's Proposed Development of the Property including, without in any way limiting the generality of the foregoing, all necessary applications to all authorities having jurisdictinn in cormection with obtaining all building permi t s. The Vendor het'eby consent s to the Purchaser mak i ng all neces sary enquiries and completing, submitting and processing all necessary applications, in connection with the Proposed Development. immediately upon submission of the within Offer. The Vendor also covenants and agrees to immediately provide all necessary written consents and authorizations in order to permit the Purchaser to commence and pursue such enquiries and applications. A204 Authority Meeting #5/96, June 28, 1996 5, 23. Purchaser sha 11 not be reQui red to pay any goods and servi ces tax in accordance with the Excise Tax Act of Canada (the "Goods and Services Tax") on the Closing Date if thi s transaction is not wholly or partly a sale to an individual of a residential complex. as defined in the Excise Tax Act. and the Purchaser has. on or before the Closing Date. provided the Vendor with a statutory declaration evidencing that the Purchaser. or recipient. as that term is defined in the Excise Tax Act. as the case may be. is registered under the Excise Tax Act. In that event. the Purchaser shall file such returns and remit such Goods and Services Tax. if any. to the Receiver General of Canada or such other competent governmental authority. when and to the extent required by the Excise Tax Act. DATED at VAUGHAN. this 12th day of June, 1996. SIGNED. SEALED AND DELIVERED ] IN WITNESS whereof I have hereunto in the presence of:- ] J~ -7'] ~~ c---( ~ u- - ,. e,pt ] , 1 P~RCIIASER ] THE UNDERSIGNED hereby acceptes the above Offer. IN WITNESS whereof the Vendor has executed this Agreement. THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY Per: Name : Title: Per: Name : Title: We have authority to bind the Corporation. Authority Meeting #5/96, June 28, 1996 A205 6. ACKNOWLEDGMENT I/We acknowledge receipt of a signed I/We acknowledge receipt of a signed copy of this accepted Agreement of copy of this accepted Agreement of Pu,"chase and Sa I e and au thori ze a Purchase and Sale and authorize a copy to be forwarded to my/our copy to be forwarded to my/our sol iei tor. solicitor. (Vendor) (Date ) (Purchaser) (Date) (Vendor) lDate) llJurchaser ) (Date ) Vendor's Address Purchaser's Address Telephone rro:- Telephone No. ANTHONY PASCALE - Pascale, Zentil Vendor's SollCltor Purchaser's Sollcltor SollCltor's Address 3800 Steeles Ave. W.. Suite 300W SollCltor's Address Vaughan, Ont L4L 4G9 (905) 850-8550 Telephone No. Telephone No. . A206 Authority Meeting #5/96, June 28, 1996 5. SCHEDULE 'A' - - .- - . I J.""~ (q,'? \ ; 1 ) , r ~ , - ( ; .. ....... - -' -- ~ . ) . . / ~ '! ~ X U ,;, . ., Authority M ti ee ng #5/96, June 28, 1996 1111 ~:.~ ! A207 ~ -:;;;> -.. ~r-:Z ~ <z!:::!"tJ :~tI':U -,:J ..oS;:~ ,.. irZz 0 ,~ i'~....:q o ;.:C ;.~~ _' :u ~ ,.... , 5CII[III/I.[ .U" . ' A208 Authority Meeting #5/96, June 28, 1996 po" un IN T" 'II~I UP Cllt'''' . AGREEMENT OF PURCHASE AND SALE 'tJaCHASI!R, TRIGGER II CONSTRUCTION INC. . off... 10 ...., fr_ Vl!NDOIt, T1le1wl1lrllp01ilM To_...s R.pe. C_CI'III" t\lIlhotity. w.,a.. a.... 1M 'ollowinc PIlO'Ban: PMoflAlllS. c.o.-,. 7.CiIy ofVlll1I-o Re,....lwlllllicipllity.'V.rk, ~17 _. _00' Ia. .i_ .. ____ aidaofbJinltaa ^........lClIllIlol~.....~ U I.....cr.......... oaIU _Md 5c....... "It." .. tho PURCHASe 'RICH or: ON!: MILLION FOUR HUNDRED THOUSAND CANADIAN DOu..uS (SCAN 1.400,000.00 1....1lhw ... MIl' 0,,1ialI1e Ooodl ... Iem.. TaL U..... of lIlo 'roporIJ u 'otarminod "7 Vendor'. .......'0. it -.. or ....IIIaIIIS .",, 1M P\uc.... P... .WIle ..roa.ed or deer_OIl, 01 the oall _, ..., "' 1M .11. o( S8 2 . 352 . 94po. _., calClllalod ro tlv. cIocilnal ,_,. Up-to-date lurvey oertlfyinq the area of the Property to be provided by HTRCA an clollnq. I. PV1lClASt'R ItIbftu willt IIW Off" 59' of die Plrrdlu. Pric.,.,1IoIo II, clrtified cbcqllO'o III. Vndor II . otCpolil 10 b. held b, il pendina cOIrlpIadc. or ... .__IM of .W. 04.,_ __ 10 b. Cledil8d Oil .C_ .f 1M Plrroha.c ".Ioc Oft 0....111_ aad 1. ,U1\CBASEJl "C'OllJ 10 '"Y tbe b..... 0' Iho I"Iudluo Pric. by cui or cartifial c..... 011 do.iDelO lb. Voodlll tubject.o 11Ic Iliju.lIIllftb "nUt ,....ilI", J. (I) Thi. ^p-""nr IIlul1jlCt.o lite (oUow., coodiliON, _hick art (0. 1110 bllllofit 01 VClldor, "'iDe "",nod Oil 0' prior 10 the clo.iD, o( Ibi. lrMIKIioo: (i) IIw Vndor ololaiAia, .",owol 0' 1110 Miair." af NlIlIralllM_, ptnailtu.,1t '0 .IU Iht Propott,; (Ii) 1Iti. Ae'MlnlnI belnl Ippro." b, Iho 6II..uai.. Co.atilt..1tIIl }.I_bnl 0' lbl V.lior: (iii) a co....... hu b.... obl&loed pun_ 10 S..lIo.. SO of.he pllMio, ACI, 1990, II V.ndor'l COli, ..itIIauI c.onditiDnl -toinc I/ler_.. II.., c_.. ." Illoc..... Ie tho COMIDI, 1M)' ... ...io'"ClO.,. 10 V.ndor. tr by Ih. Clo.in. Oil. ,...... cooclitioN u. not lltiarlllli, Voodo. _, oa.cnrllIlc CloliDI 0... by ...... ci".ft .1 ...y ...... up 10 !he CIo';"e 0...10 P\ardlU".....y..... DOlI.... tboa Oocanlo.. 31, 1996 (Iha "laIu elo.inr Olio'). Jr b, lIle Clolill, Dlle or lJII ultr Clolin, Dat.o, lito.. condieio", ... nOllllufied. 01. dcpolil witll i111.rul ....11... ICIU....lo Pvrchal.. urd eaeh 0' Ihe ...,all lhall be ..1....01 !rom IU of cheir oblilll_ h...ift. (II) Pu<<huer ar:lr:nowlod,1I it ill IllIoI, IUpllIIIibl. 10. III\Y _1II. I....;'. to ~e paid (0 uy mllllicipol or odI.. ,ourIII'I'OlnIal IIJlborily incluclioe \01 I..ice, d..do~N cbore" or builoline po,mi., 01 other",i" lhot mlY be .equired prior 10 '''Y impro....-. 0' ....ilclio,. beinl c_trU~led 00 !be Propony ancI ..,ch U1lll..... ... DO' includ.. 11\ the Purchul Prieo, (cl PII.ohu.. lhall..ndonok. on clooin, and illholl... I oondition o( clo.in, (III V.....o,.. b-'il.h.1 PIr.chalC' hat IIIldc..u.n II (olio",,, (il P..rchu.. .boll cOIII,",cl II 'II cOrl aIon,llIt 1awI." bII",_ tbo p.oporty 0DCl 1M td;o;,,;"& P"',,"'" o( V.ndo. . 6 1000 bllck wiD,1 ohlin liak r.nc. at 1M .taNlarel. u iltheo ....rm&lJy beinC "'NlNClIld by Vandor 11111 cthlt p.o...rtiu ",illUftlB montM 0' tbo da to that a plan of Subdivision ia teqiateted, a Pion of 5ubdAyilion 1. r~istered (ii) PIorchuDr lball ro..blith willtialB ININld 0' lho ldote lBl.ft..,dll btlll'cr u.. 0' ,pp.OllUftlllel, 10 melltl .ieI. 0" v.....or r proporl7 .lon,lbe prvpcny botoaduy 0' tho Prop""y urd Ill. odjoininl propaty or the V.....r It p..re........ 0011 cONiltiIt, 0' . ...mbinalion o( .ilOl ..... lpaci.. o( IlIli.e "oriob.. o( plan& mal.'i.! in acco....... with IIw 'ollo..i". ",id.li._: 30" Ihnob.; ]5" bll.._..... 35" caliper ..... .ith I .I.io 0' 60" cenifcraul ..... 40. ..oi....o.... .illl ...peet '0 tile h.orool and clli,., 1_, In ia aeeo",_e .illt. pl......c pi... p.cpu..! by Plrfthulr aod Ippro.ad in .rili..c by Vendor, Nch I"rovalut 10 b. ""'''"0Mb', ..i,hholcl: (Iii) I'\Irchalc. .hall .o...pl, ..ich IU MWlicipl1 rlqlli.oaxal. for tbo ~It........ 0' IIw P,o,.rty. (d) 1'\I.ch&J., .d~...."'lodc" thAI 1M 1 nntfll/Oeod to die p.opert)' Ihall ._ia rotlridI.. cow.nanII tho.t ..ill p.owiele u rollo...: as single. .falllily usidential lotll or any other Ii) p.ohibit Iho .... o( Ih. P"'pony ror .., pur..... or .... olller thaN "I. _ CO_I'" 10 V...dor'. obju:.jvu ..... *hi.., dooo ... "'S"i"cJ, 1...,..1 Vc....or . "joiniD. WlcIe. Authority Meeting #5/96, June 28, 1996 A209 2. (ii) .. _ "'_ fr_'" Ptopnt)' .....~.. t. _... v..,', l1li;0'" pt."'" uaI_ 1M WIl... __ .. 1M v..... 11II1II ~ (iil) n. Pntpa"Y IWI .. tdtlCl Ie . ri.....I._, . fa_ of Ilia Vtllllo, r. _ t. tile VoNl.r'. I'" .i_ _ oIl1lD PrlplltY II a -U, .1.......1oMIioII; (iw) .. ._r.., IIlll"DV~' 0' ..v........ .IIaU .. pentiu.. _ lIID Pro,..., ....... 1M lllllil ~ ....Iinll (A) coraUlld" , fOOl ,,1Ict ..,1 cUllliIlIi: r_ II III 00II -I tile .....,. bd_ _ ........, ... 1M .die... property or 1M v.... of ... ....... u is IbM....-ty beinl cftlllllCllll ~ V.... f. ill" Pfl'PI"iII; (11) ....blir..... 0 ..........lNIfer UM of ..,........" 10 _.. _Ida.. VDIlIIo,'. ..Ijo..... ,..,..,. .... u. Moulduy .f .... P..,..., .... u.. edjDinia, p...,.,., .f Ill. V..elClr OCl...iIlirl,.f. ............. C1f.iat ... .pee.. 01 uri... ...... of pi... _cr. ... occo..... _iIll u.. r.lIe... ~ 30,. .lIIIIbe: 35. MmoaI_ 15. ..... _ -* aralia .f 60.. cHll'tr_ and ~~ _~, _iIIl oaf*" to.... ___... c.U,. _', III 1ft ICCOrd_ ",ilb o p'lIllinl plu ".,.... by I'lndlucr ... ,","wed .. ....1 ~ v...., IlICIt .""onl _ IG ". _-a." wltIlIleld: Ie) P11ICha.... .... Illidi.d V.ador It _ill lilli, 11M SlorlllWllW Bul M....IUIIIIIl Praaicc.: (1)) cCllllp10..1lI .. uchalOlollcal ltIwulilllioo utd cUIJ CllII u, Mllli.. .cliDll ..I..r_". t. VC_,. NOI.iIllllanllinl tItto "'OIk ,.r..r" 10 I. iI_ (A), (J). (e) UlIIlD) DOWl bat 001 It_ co...,IClcd, Purrhal.r ...., CD_' C41llIl'NClion of 'INCN..., ilDpro.._lIl' or d...oIopn_ I' iI .... rina pn.W -ilJ 'orlho cIoinl of luch ",ork rcuonebl, ..ti.r-no., 10 V.odor, but not 1lIO:C1I than tho actual cost of such ltolD8. ., MJRCBAStR .cr- iboIlhio 011".. .Nil b. imvoc."II II, hint ..111:59 p.1L OD 1M "lila, 0' ,..I, , 1996 tAa, w~ Iinw, iI_ -.,..t. !hit Oft'. .hall lIollllll ud ..oid ... 1M d.po.aillilall ""' r....eod 10 Jllarchun _i....... IN_t 0' .......iCln. 5. THIS "Irectlltfll, NbjOClIO pu.popll )('), .baD b. camplot.d OIl"" !Sill cia, of Ocl8llof, 1996 ('Clolin, 0....). UpoD ..raplllion, ...... po.....ioo of 1M "0""" lhoIIlIe II... Ie Plarc....or. 6. PUIlOIASD .1IaII1lo allowed IWiI 5:00 p.lD. ... tbI 4t11 a, of s.pIOItIbor. 1996 l1l.....ililioll Ow) 10 u..nll.. Ih. .illo 10 Ibe Prope.". .. bit own ..,....., 7. VUfOOR IIlII P\Ifchaln 111-. tI.n illID CllIndilian. UP"" or ~, IIpr."l\IaIIoD or wunNy of lilY tinoI thot .... C\!IU,. iorended use 0' tho Property by Pwcha.cr i. or ...1\1 b. ....NI. I. PUIlCIIASI!.'R K\:nDwllxllu bo'lI'l iNpect.d tho PrlJ1lOf" ,nor 10 tubllIillinl thil 0". UlII undmtandJ IbM ..,. tho Ventof occq:rin. thiJ Offer \h&,. ahaII ""'. "indiDl 'Ir- of ",",hu. l/1li.... betwClIn Plarchuor end Venlo. tad tbI PIIrdloUer '1_ 10 _If' the P,....., u i. ..... ..IlnoWW," thot t1lo PIlIch_r .... doDO ita 0_ III" ..... no cloiftu will b. rNd. III co..action with the .0vir_rat&I cllllditioo or tho ptomil.., 9. PURCHASER .haIl nOI coli for tile ptoduclio. 0' en, lillo cIaed, l"IIrIeI, IU,.,.Y or otlttr evidone. .r till. 10 tho P"'!"'" ucopll\lCh u u. in llle po.....ion or CQorrolo' Voodor. VoadOI,C'",'ha1 h. will deliver DO' l!tdeh 0' ...,.,., of tho "0"'" in hit po...sian or within bit_olio Pwc....tI U 1_ u poll.l. .. plior 10 lb. 1..1 da, .1I0..od ror llIunieirtl rill.. 10. nDVIDED 1haI1It. till. 10 lite Property .. loed ud ,_ flOlft eI' ,....",.d rulricaieu, char,u, lieu, ..... ...umbr.,.... ....pi U 01111,...... lpocificall, pro.iII_ ill thII "1'_111 .... ra... .... uC'pI 'or: (0) Ill' ncul.rod rulricliolll or coorenenlllhal NO -ilia tho Pro,.", pro.idin. thaI .ueil on complied ",ith: (ll) an, ".iI".... nUliciptl .C'..,,,,.nll IIld II .iller.d ..'IUII...... with publici, r....1111d lIlilitilt pteviclinl IllCh h.v. """"' con1plied ...iIh. or _wlry har ....n period 10 .1\1.... campliAllu Illd co"",llIio.: u cvicl.ncld b, 0 I....r frOll\ .11. ,01....... municipalil, or lI.ululd llIilil,: (c) All, \Illllor ....."'.... 'or IIlc '1If'P1, 0' d_eIk: ulilil, or IclephoDc "",iell 10 Iho Prope'" or edjoclllll PI.".I: IIld (elleny ou._. for droiu.., .10l1li or ....il..,. '_.", public wiliry Ii...., III.p....... lin.., cobl. ..1I.itio. liMa 01 oIhor ......i_ whieb do .... lI\I"ri.II, o/focl lito prc.col \1.1. 0' th. Propo"'. cr .ilhin the lpodrlld lillllt IcCmCAt .. in PUalnpb 6 III' v.lid ob,..lion 10 till. or '41 on, ouI.laIllIiDllIlUlljcipll ",.It o"'er or deflci...y ...;.., u mad. 1ft ...iliallo Vando, anel ..hirh Vendo, U .....bl8 or lIn",iIIillllO _V" ...maI, or ua..fy ond which P\rrdluu ..ill DIll ..;.c, Ihi. "..-no.. ......illtandinC .n, Int.nnc.di.,. ..." or """"""'111 In ........ 0' lUeh oltjoctiona, thall '- u 1ft tIllIlIld ell mana th.......o.. pUS .1Ia11 It. "tumod Wilholll .....11 or doductioe INI V.ndor lhall no! b. li.bl. for .ny .0." or d......II, S.w. u .. ..y valid objlCaioo 10 mod. b,.tIC" do, eod .....,. for on, objoction loinl '0 ,he ,ool 0' ,he lill., hrc__ ....11 bc cODe....i..., d....... 10 hav. ~pl" VtNlor'.titlc to IIlc Prope"Y. ,_... .. IIMDI A210 Authority Meeting #5/96, June 28, 1996 l. II. raOVIDED lbI& tIliI -'._1halI M dl'ecliw. 10 Clute lit illtcnlt II l1li "..-ctr ..., II lllllUWi..... _,.1 ,...."ioN .'1"- ,........ Act. I"" u........ ~ ~ v..., _............._ 12. vtNDOR repr_ 0lII it ....... .. a _.... ., CIMlia witIia.. ...... .,..,_ f_ Act ClII dr.r ele.;." Date. 13. ANY rMlRy 'uu, I.nllln""ve_ ....p. ...., M ......:-~ ... olio. t. tllo cia, .1 II ~I.... C" da, I'MII 10 ... appootionod t. 1'IucMMr). 14. TIlE TrlWf.rtOHd .ull. .... for tho LuIII T_f. TI. AfIWI.it., ..,..,.... Ur ,..ilhUlo f_ II Ihe tlprrIIlI .1 V ndar. n. T IMU'Ilto.l to" *Iiverod 011 COIIpioIioa ..... .....lIIo __ c.lIUtIIplllod by c1_. 50(U) ollbo ,.._. Act. .'90. I'. 'Tlft1E IhaII ill all nIpIClI" of tho _1laIof prnided thIt tho I... for .... or c-.win. .r Ill' _I., prowidocl for h..in 1118' ... alltnd06 Of ..........". 1ft .,,_ .. ..,illa. li_., V_or _lINchu... 0' II, lIMi, r"pocli... ..lOcitorr .110 ... ....., ......." ........ Irr IlliI "...... Ill. ANY IllIlder or nMi,"I, dllC1lllllllll or ~ ...,....er ruy be ..... upIll Voodor or I'Itrc.....r or rhtir -pad;'" ~.... M_, ~ ........... II, lIuIIt 'r.ft If ....... _iIielI by . Sa....... I ......... II. 0' Pr......a 01 0NaI1. J''''''II OIfic.. 11, T1I19 A....._ IocNdint Ie........ -W.......... ClDNliIllIe tba 1IIit. .p_ ...._lho Plardlucr ..... V .....0', 1M... it no 'opru_tloa, .."...,. ..I....r... ..._ 0' .......itioer. ........, di,.. 0' 10U...,al, or ""UI or implltd. wllJch .... Ie,. part, hor. to _r into tlriI Arc-clll or Oft whiell nliMa it placid by lilY IUCh pIft)', llf whide dt'_ lhil Ap..-.& 0' I'" Propert, or IlIpportod ......, other INn u allftlled he"in, nil -'.r_1lll ,1IaI1 be rud wi.. all chllllu of ......., -..bet ,.red II, 11M e_. III 11M ....... of eenllicI b....... pro"iliorl..,in.II .'1"" itr lllil..~ and Ill' provi.ion in th. prirud pottion he_111M wrialn 0' typed pIOvi.iDll lhaII lupcrto6e ... ,rialtd prGviliona to the tmnI of rucIl e...nitl. CONT1NUt:D ON PAGE lA. PAlED 1& Woodbridqe . dIiI U!h da, of .]untlt ,I',!! SIGNED. SEALED AND DElJVEJU:D in the ,..._a .r:. pt~ -I:7I/f ~ iJ;.. t '- ~j s:>( W~ r , <r r, (PwcJrqcr) TIll UNDERSIGNED _plI....... orrll, IN WITNESS ......eol Vcador hu "'r_ .._lIlIlhi. Alrcem.nt. ) 1HE METIlOPOLlT AH TOIONTO AND UGlON ) CONSUVAnON AUllIORlTY ) ) . ) Par:__ (Dalt) ) ) ) P.n ) ) w. "'..1IIlhaI1cy to billll .... COIJlO,1lioa Authority Meeting #5/96, June 28, 1996 A211 Ja La. Ttle veftdor ....U In..''& .... d.po.l& In . .era .,..n or CIC .."" a ca...l... Cftert.cl'cd .ana. or trUI' C'OIIpen, and aU, 1nt.el..& ...... on e... lIepo.i.t allal.l be palel &0 the .ve...... an da.ln, unl... .._. U ln .,aule ln ....lah a... .h. _po." IlJId .U lnt....& ....U be p.ld t.. UIll W_. l'. TIlt. A'r......& 1. aandlU....l Uptlll .... ...re...... .aUd,tn, It..U ..I till.. ..n ItOI ....1..... d.,. faU....ln' tll. dOl. 01 .ace,tun .. t.. the 0011 e_1U..... ....U.bUn' 01 .""lelp.1 .....lce.. .CCOI.. _ aUlllr _tUn ....eU", tile elevelopae..t at .Il. Propll.t,. If .... I'U~... U ..ot l" lU ~I. dl.~.UCIII ..tuueel .. afares.ld. "NY by vrl..... n..tlCtl t.. VeMar t.nlnaU till. klfr....nt. and upon IUch ter.1naclan, the depoalt and 811 inC.....t accl'ued tllorean .Il.U b. farUtvttll r.tund.d to tile PUC.....r. !tie ...........r -, wa'.' the ..01...14 condit.1on. by "ritten not.lce to tM v...... ",. V.ndo. euthorlz.. the 'uICha..1' to antlr upon the .rope.', 1n O~I' to _II. ,n,. 1nlpactloll. and other i"...t1,,1110"1 at S t:1 loll ....._ .... rac.....r 89raol to repalr and reinlcacl oy d..... caul" to tM Pl'opel'cy by ....eon of 1~. .nuy and tn"..t.l,.~lo".. ~o. .u.e.....r ..y ...1", tllU A~_..t u ...y ti_ pclar &.. d...la, by ,1..1.., Vlndor vl'lU.I" notlc' and pl'oYldad _ell ...,,... l"al1 ..._ all 01 Ute PUCCI'I...c.. obll,.clon. Wld.1' thl. A9".-R&. tM "..CM.." ....11 be ..el_." or (urtllu U.DUtty. u. PlSrch.... .hall not b. ..qalr.d to par tII. C.I.T. pnYlded it lieu..... on cla.tn" to V.nd... Stauto.y OOclanU... CDIIUnU'9 tllllt 1t 1. re,ln..ad und.r tll. G.S.T. 1.,t.laUan _ ....t it ..Ul Ul. the r.qulred G.I.Y, fa." foU....l..' ela.ln,. .ve....." ....11 l_Uy .nd ..... v.ndor h.nl... (rea any G. S. T.. ,.nalt.y 01' lnc..I'..~ all till. .al.. U_ NOtic.. requlr.eI or p.ralttad to be "l...n _r thl. ",r...n& .h.U be d.Uv.r.eI p.non.lly or ....e by r.,loterad .11 to tile faU....ln' ........... v.ndor - 5 SIIor._ Dd".. _...1.... ontario. "3M t.. l'ul'ch...1' - Z9 Jul.' A......... _Ilrld... anuria, t.4t. 111 Att."Clan. Dann. Cru90al.. AllY notice. ...U.d by r.,l..ereel MU oh.ll be lIa..d r.calved Uve 151 1N00n... elayo foU....ln" tile ela.. It 1. po.tad. A212 Authority Meeting #5/96, June 28, 1996 4. AaNOWLEDOIM&NI' JfW. aca.wW.. nctipI of . .iplld cep, oIl1tia VW. ........ ,..,. 01 a ..... con ollllit -fIIIl A....... 01 PurdIu.1IIlI !a1a ... ...... , ...... A.,..... tI........ Sale ... ...... a cop, t. 110 fWWallMd 10 fO,I"", .olicit" . .." to ... ......... fIl'II- ..ito, (V....) (Dato) (PMMaor) (0...) (V...., (D..) (flIrc.....) (D..) v....'. Addreaa .......'. MlIouo T"',~ N.. T....... N.. Vmdor'. Solicitor PludlaNr'. SoIiciIor . .- SoIici&er'. Add,... SoIic_'. Addr_ T ........ /'lo. T..... N., Authority Meeting #5/96, June 28, 1996 A213 :'UlUJULI:. i, I i.. r .. . ~ ~ ~; j I .. A214 Authority Meeting #5/96, June 28, 1996 RES #A 113/96 - DON VALLEY BRICKWORKS REGENERATION PROJECT Electrical Servicing Of Buildings This report advises on the results of the electrical servicing quotations, specific to the Phase 1 restoration of the buildings complex, received by the Authority as part of Tender Opening Sub-Committee Report #16/96, (Executive Committe - Res, #B63A/96) Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Report #16/96, dated May 31, 1996 on buildings electrical work quotations be received; AND FURTHER THAT staff be directed to award the contract for the Phase 1 electrical servicing of the buildings at the Don Valley Brickworks site to TWR 8ectric Co. Ltd. for the amount of $370,000 (excluding GST), and subsequent stages not to exceed a total budget of $451,000 (excluding GST). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES #A 114/96 - DON V ALLEY BRICKWORKS REGENERATION PROJECT Roofing Contract This report advises on the results of the roofing work quotations received by the Authority as part of Tender Opening Sub-Committee Report #15/96, (Executive Committee - Res, #864/96) Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Report #15/96, dated May 31, 1996, on roofing work quotations be received; AND FURTHER THAT staff be directed to award the contract for the roofing work associated with the first phase of the Don Valley Brickworks site restoration to Semple Gooder for the amount of $225,977 (excluding GST). .................................................,..... CARRIED A214 Authority Meeting #5/96, June 28, 1996 RES #A 113/96 - DON V ALLEY BRICKWORKS REGENERATION PROJECT Electrical Servicing Of Buildings This report advises on the results of the electrical servicing Quotations, specific to the Phase 1 restoration of the buildings complex, received by the Authority as part of Tencler Opening Sub-Committee Report #16/96, (Executive Committe - Res, #B63A/96) Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Report #16/96, dated May 31, 1996 on buildings electrical work Quotations be received; AND FURTHER THAT staff be directed to award the contract for the Phase 1 electrical servicing of the buildings at the Don Valley Brickworks site to TWR 8ectric Co. Ltd. for the amount of $370,000 (excluding GST), and subsequent stages not to exceed a total budget of $451,000 (excluding GST). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED RES #A 114/96 - DON VALLEY BRICKWORKS REGENERATION PROJECT Roofing Contract This report advises on the results of the roofing work Quotations received by the Authority as part of Tender Opening Sub-Committee Report #15/96, (Executive Committee - Res. #B64/96) Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Report #15/96, dated May 31, 1996, on roofing work Quotations be received; AND FURTHER THAT staff be directed to award the contract for the roofing work associated with the first phase of the Don Valley Brickworks site restoration to Semple Gooder for the amount of $225,977 (excluding GST). ....................................................... CARRIED Authority Meeting #5/96, June 28, 1996 A215 RES #A115~96 - REVITALIZATION OF THE AUTHORITY'S EMPLOYEE SUGGESTION AWARDS PROGRAM To revitalize MTRCA's Employee Suggestion Awards Program, (Executive Committee - Res, #865/96) Moved by: Patrick Abtan Seconded by: Norman Kelly THAT the Employee Suggestion Awards Program be revised and; THAT the value of Employee Suggestion Awards be increased to 10% of the first year's net savings or net revenue to a maximum of $2,000 or; THAT the value of awards that are not related to cost savings or revenue generation but provide added value to the organization be recognized in the form of MTRCA gift certificates and have a maximum value of $200; AND FURTHER THAT employee suggestions be evaluated within three months of receipt by an employee committee which will make recommendations to the Recognition and Employee Suggestion Awards Subcommittee on an as required basis. ..."""....."".......".,.... CARRIED A216 Authority Meeting #5/96, June 28, 1996 RES #A116/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Flood Plain Component, Humber River Watershed 1063078 Ontario Limited Property Purchase of property, located south of Rutherford Road, west of Islington Avenue, in the City of Vaughan, under the "Greenspace Protection And Acquisition Project 1996-2000, Flood Plain and Conservation Component - Humber River Watershed." (Executive Committee - Res. #866/96) Moved by: Deborah Sword Seconded by: Norman Kelly THA T 2.32 acres, more or less, consisting of an irregular shaped parcel of vacant land, be purchased from 1063078 Ontario Limited, said land being Part of Lot 15, Concession 7, City of Vaughan, Regional Municipality of York, and further described as the whole of Block 33, Plan 65M, consisting of land situate south of Rutherford Road, west of Islington Avenue; THAT consideration is to be the nominal sum of $2,00; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . , , . . . . . . . . . . , . . . . . . . , , . . . . . , . . . . . . , . . . . CARRIED Authority Meeting #5/96, June 28, 1996 A217 RES #A117/96- GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Flood Plain and Conservation Component, Carruthers Creek Watershed 620637 Ontario Limited (Blue Maple) Purchase of property located south of Bayly Street, west of Shoal Point Road, in the Town of Ajax under the "Greenspace Protection and Acquisition Project 1996-2000, Flood Plain and Conservation Component - Carruthers.Creek Watershed. " (Executive Committee - Res. #B67/96) Moved by: Deborah Sword Seconded by: Patrick Abtan THAT 1.86 acres, more or less, be purchased from 620637 Ontario Limited, said land being an irregular shaped parcel of land, being Part of Lot 5, Range 3, Broken Front Concession, Town of Ajax, Regional Municipality of Durham, consisting of land situate south of Bayly Street, west of Shoal Point Road; THAT consideration is to be the nominal sum of $2.00, plus an income tax receipt in the amount of $5,580.00 and the vendors reasonable legal and survey costs; THAT the Authority receive conveyance of the land required, free from encumbrance, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. , . , , , . . . . . . . . . . . . . . . , , . . . . , . . . . . . . . , , , . . . . CARRIED RES. #A118/96 - SECTION II-ITEMS FOR AUTHORITY INFORMATION Moved by: Deborah Sword Seconded by: Patrick Abtan THAT Section II, of Executive Committee Minutes #4196, held June 14, 1996, with the exception of pennit 7.3.20. Mr. and Mrs. Geoffrey Becker, be received and approved. ............... CARRIED RES. #A119/96 - PERMIT 7.3.20. Moved by: Deborah Sword Seconded by: Patrick Abtan THAT pennit 7.3.20. - Mr. and Mrs. Geoffrey Becker, of Executive Minutes #4/96, held on June 14, 1996, be received and approved. .................................................. CARRIED A218 Authority Meeting #5/96, June 28, 1996 RES #A 120/96 - MTRCA ROLE - METROPOLITAN TORONTO REMEDIAL ACTION PLAN Potential role of The Metropolitan Toronto and Region Conservation Authority as joint lead agency with the Waterfront Regeneration Trust in the implementation of the Remedial Action Plan for Metropolitan Toronto. (W&RLM - Res. #031/961 Moved by: Frank McKechnie Seconded by: Randy Barber THAT the staff report concerning the Authority's proposed role as Co-chair with the Waterfront Regeneration Trust to implement the Metropolitan Toronto Region Remedial Action Plan be received; THAT the Waterfront Regeneration Trust, the Ministry of Environment and Energy, and Environment Canada be advised that the Authority is prepared to accept a joint lead role for implementation of the Remedial Action Plan for the Metropolitan Toronto Region provided that adequate provincial and federal resources are available; AND FURTHER THAT staff be directed to negotiate a suitable Memorandum of Understanding (MOUI among the Waterfront Regeneration Trust, Environment Canada and the Ministry of Environment and Energy (MOUI and submit the proposed MOU to the Executive Committee for approval. ..,. CARRIED RES #A121/96 - PARTNERSHIP MEMORANDUM FOR MUNICIPAL PLAN REVIEW Direction to finalize a Partnership Memorandum for Municipal Plan Review between the Region of Durham and the five Durham Region conservation authorities that will enable the Region and Area Municipalities to efficiently and effectively make planning decisions on site-specific planning applications in the absence of input from Provincial Ministries. (W&RLM - Res, #032/961 Moved by: Frank McKechnie Seconded by: Randy Barber THA T staff be authorized to provide interim support and to finalize a Partnership Memorandum for Municipal Plan Review between the Region of Durham and the five Durham Region Conservation Authorities substantially as set out in the attached draft Partnership Memorandum; THAT the finalized Partnership Memorandum be forwarded to the Executive Committee for approval; AND FURTHER THAT staff continue discussions to develop similar Partnership Memorandums within the Regions of Peel, York and Metropolitan Toronto_ . . . . . . . . . . . . . . , . . . . . . . , , . . . . . CARRIED Authority Meeting #5/96, June 28, 1996 A219 RES #A 122/96 - METRO RURAL CLEAN WATER PROGRAM Status of Metro Rural Clean Water Program (W&RlM - Res. #033/96) Moved by: Frank McKechnie Seconded by: Randy Barber THAT the staff report on the Metro Rural Clean Water Program be received. ...,..,..,., CARRIED RES #A 123/96 - THE MUNICIPALITY OF METROPOLITAN TORONJ'O VALLEY AND SHORELINE REGENERATION PROJECT 1992-1996 Fishleigh Drive Erosion Control Project, lake Ontario Waterfront, City of Scarborough, Completion of shoreline erosion control work along the Fishleigh Drive sector of the Scarborough Bluffs, lake Ontario waterfront, (W&RlM - Res, #034/96) Moved by: Frank McKechnie Seconded by: Randy Barber THAT staff be directed to proceed with the completion of the Fishleigh Drive Erosion Control Project, City of Scarborough, under the "Municipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992-1996" at a total cost of $160,000 subject to confinnation of funding approval . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . , CARRIED RES #A 124/96 - DON WATERSHED REGENERATION COUNCIL Work Plan for 1996 Verbal Staff Presentation (W&RlM - Res, #035/96) Moved by: Frank McKechnie Seconded by: Randy Barber THAT the verbal report and slide presentation on the Don Watershed Regeneration Council, Work Plan for 1996 be received. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . , . . . CARRIED A220 Authority Meeting #5/96, June 28, 1996 RES #A 125/96 - WEED CONTROL ACT Staff is providing, as directed, a report outlining the impact of the provincial Weed Control Act on Authority operations (W&RLM - Res. #036/96) Moved by: Frank McKechnie Seconded by: Randy Barber THAT the staff report on the impact of the provincial Weed Control Act on Authority operations be received; THA T the Province of Ontario be asked to review the WAAd Control Act in order to ensure that the provisions of the Act are consistent with efforts to naturalize open space areas; THAT staff be directed to advise local municipalities of the Authority's efforts to naturalize its properties, and that we ask municipal weed inspectors to exercise discretion in the issuing of Orders to Destroy Noxious Weeds or Weed Seeds related to Authority properties; AND FURTHER THAT the Authority ask the assistance of municipalities in educating the public with regard to its naturalization efforts, . . . . . . , , , . . . , . . . . . . . , , . . . , . . . . , , . . . , , . . . , . CARRIED RES #A 126/96 - THE HUMBER WATERSHED TASK FORCE The minutes of The Humber Watershed Task Force meetings #4/96 (April 2, 1996), #5/96 (April 30, 1996) and #6/96 (May 28, 1996) are provided for information (W&RLM - Res. #037/96) Moved by: Frank McKechnie Seconded by: Randy Barber THAT the minutes of The Humber Watershed Task Force meetings #4/96 (April 2, 1996), #5/96 (April 30, 1996) and #6/96 (May 28, 1996), be received. . . . . . . . . . . . . . . . . . , . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , , . . CARRIED Authority Meeting #5/96, June 28, 1996 A221 RES #A127/96 - CANADIAN HERITAGE RIVER SYSTEM To establish a Nominating Committee to promote the nomination of the Humber River as a Canadian Heritage River. (W&RLM - Res. #038/96) Moved by: Frank McKechnie seconded by: Randy Barber THAT staff be directed to establish, in consultation wih the Chair, a Nominating Committee to assist with the nomination of the Humber River under the Canadian Heritage River System. THAT the Chair of the Humber River Watershed Task Force be appointed as a member of the nominating committee to assist with the nomination of the Humber River under the Canadian Heritage River System. ,...".....""""."."........,."....."..,..."",.. CARRIED NEW BUSINESS RES_#A 128/96 - CONDOLENCES Moved by: Lois Hancey Seconded by: Patrick Abtan THAT condolences from the Chair and Members of the Authority be sent to Mr. Don Prince and his family on the passing of his mother, Mrs. Mary Prince. ............................... CARRIED MOTION TO REFER RES.#A 129/96 - DISPOSAL OF AUTHORITY-OWNED LAND Moved by: Frank McKechnie Seconded by: Brian Harrison THAT the proposed land exchange and sale of lands in the vicinity of 6990 Goreway Drive, City of Mississauga, Mimico Creek Watershed, and a requirement for an environmental audit be referred to staff for report at the next Executive Committee Meeting.. ............................ CARRIED A222 Authority Meeting #5/96, June 28, 1996 TERMINATION ON MOTION, the meeting terminated at 11 :30 a.m. on June 28, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. t., , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #6/96 Page A223 July 26, 1996 Meeting #6/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, July 26; 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:15 a.m. PRESENT Patrick Abtan ...................................................,................. Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. Member Randy Barber. . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Margaret Black ................................................................... Member Lorna Bissell .,.."............................................................... Member lIa Bossons ...................................................................... Member Victoria Carley ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Michael Di Biase .................................................................. Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Norman Kelly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Frank McKechnie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . .. Member Jim McMaster ...............................................,.................... Member Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. Member Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Case Ootes ...................................................................... Member Donna Patterson .................................................................. Member Enrico Pistritto .................................................................... Member Paul Raina ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Deborah Sword ................................................................... Member Richard Whitehead ................................................................ Member REGRETS Lois Griffin ....................................................................... Member Raymond Cho .................................................................... Member Brian Harrison .................................................................... Member Eldred King ...................................................................... Member Joan King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Paul Palleschi .................................................................... Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member RES. #A130/96 . MINUTES Moved by: lIa Bossons Seconded by: Paul Raina THAT the minutes of Meeting #5/96, held June 28, 1996, be approved. .................. CARRIED A224 Authority Meeting #6/96, July 26, 1996 RES. #A131/96 - DELEGATIONS (a) Mr. Myron Pestaluky, of Blackplate Investments, regarding the disposal/lease of Authority- owned land, east of Islington Avenue, south of Rutherford Road, in the vicinity of Vaughan (see Authority Res,#A 133/96, page A225), (b) Mr, Lou Pompili representing Father Claudio Moser In Trust, regarding the disposal/lease of Authority-owned lands, east of Islington Avenue, south of Rutherford Road, in the vicinity of Vaughan (see Authority Res,#A 133/96, page A225), Moved by: Enrico Pistritto Seconded by: Lorna Bissell THAT the above delegations be heard and received. .......................... CARRIED RES. #A132/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGEN ERA TION PROJECT 1992 - 1996 Continuation of the Springbank Avenue slope stabilization and erosion project and specific recommendations for 41 Spring bank Avenue, City of Scarborough, (Executive Committee - Res, #B93/96) Moved by: Enrico Pistritto Seconded by: Lorna Bissell THAT the Authority endorse the continuation of the Springbank Avenue Slope Stabilization and Erosion Control Project, City of Scarborough, under the "Municipality of Metropolitan Toronto Valley and Shoreline Regeneration Project 1992-1996" subject to reaching a suitable agreement with the owners, and in accordance with the following management strategy: 1) design and construction of a slope buttress at the toe of slope, the installation of a free draining rubble and granular blanket, and the installation of dewatering wells in the vicinity of 39 and 41 Spring bank Avenue 2) the acquisition of 39 and 41 Spring bank Avenue THAT staff be directed to proceed to implement the management strategy at a total estimated cost of $500,000 subject to confirmation of funding. THAT in light of the unsafe site conditions staff be directed to advise the City of Scarborough and the owner that the terms of the permit issued by the Authority cannot be fulfilled and that the site should be secured; THAT staff be directed to negotiate the acquisition of 39 and 41 Springbank Avenue, this being the only alternative erosion control option to address the hazard; THAT staff be directed to pursue funding opportunities with the City of Scarborough; AND FURTHER THAT the owners of 39 and 41 Springbank Avenue and Metropolitan Toronto be so advised. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #6/96, July 26, 1996 A225 RES. #A 133/96 - SALE OF SURPLUS AUTHORITY LANDS East side of Islington Avenue, South of Rutherford Road City of Vaughan, Regional Municipality of York 1. Sale to Blackplate Investments Inc. 2, Sale to Father Claudio Moser, In Trust, Franciscan Brothers Receipt of revised offers from Blackplate Investments Inc, and Father Claudio Moser, In Trust, for the purchase of surplus Authority lands, situate on the east side of Islington Avenue, south of Rutherford Road, in the City of Vaughan, The Regional Municipality of York, Status of negotiations currently in progress, CFN#22900H, (Executive Committee - Res, #B95/96) Moved by: Lorna Bissell Seconded by: Enrico Pistritto 1. THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a proposal from Blackplate Investments Inc. for the purchase of certain Authority-owned land situated on the east side of Islington Avenue, south of Rutherford Road in the City of Vaughan, in The Regional Municipality of York; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives as set out in Section 20 of the Conservation Authorities Act, to complete a sale to Blackplate Investments Inc. in this instance; THAT a parcel of surplus Authority-owned land, containing a minimum of 4.04 hectares, (10 acres). be sold to Blackplate Investments Inc., subject to receipt of a satisfactory agreement, said land being Part of Lot 15, Concession 7, City of Vaughan, The Regional Municipality of York; THAT the Authority request the approval of the Minister of Natural Resources to complete the sale of the subject land on the following terms and conditions; 1) The sale price is to be at the rate of $180,000 per acre; i.e. $1,800,000, payable in cash with all outstanding amounts due on closing. If the area of the property, as determined by the Authority's surveyor in conjunction with the purchaser, is more than 10 acres, the purchase price shall be increased at the rate of $180,000 per acre, calculated to 3 decimal places. 2) The deposits payable to the Authority are to be as follows: a) The of sum $135,000 accompanying the agreement b) A further amount of 2.5% of the purchase price ($45,000), by no later than March 31, 1997 c) Amounts of $100,000 semi-annually (to commence no later than 6 months after March 31, 1997, and thereafter until closing) d) $100,000 on March 31, 1999 e) $50,000 if extension Is required for conditional period (non-refundable) . Continued... A226 Authori~ Meeting #6/96, July 26, 1996 3) Completion of the transaction is subject to the purchaser obtaining an official plan amendment providing for use of the lands for residential purposes, including single family residential units, either detached, semi-detached, or townhouses, but all with ground level entry to each unit, 4) The purchaser is to assume all costs associated with re-zoning, official plan amendments. and any other approvals required to facilitate the proposed development. 5) The purchaser agrees to assume the Authority's conditions as earlier set out by the Members of the Authority, subject to modifications contained in the appended Executive Summary, 6) The purchaser is to have the right to purchase any additional surplus lands at this location which may be deemed suitable by the Authority to be disposed of at a rate of $180,000 per acre. 7) Any additional considerations as are deemed appropriate by the Authority's solicitor. THAT the sale be subject to approval of the Minister of Natural Resources, in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter 27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. 2, THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a proposal from Father Claudio Moser, In Trust, for the purchase of certain Authority-owned lands. situate on the east side of Islington Avenue, south of Rutherford Road, in the City of Vaughan, The Regional Municipality York; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to complete a sale to Father Claudio Moser, In Trust, in this instance: THAT two parcels of surplus Authority-owned land, containing a total of 4,04 hectares, (10 acres), more or less, be sold to Father Claudio Moser. In Trust, subject to receipt of a satisfactory agreement, said land being Part of Lot 15, Concession 7, City of Vaughan, The Regional Municipality of York; THA T the Authority request approval of the Minister of Natural Resources to complete the sale of the subject lands on the following terms and conditions: 1 ) The sale price is to be the sum of $140,000 per acre; i.e. $1,400,000 2) The deposit payable to the Authority is to be the sum $ 75,000 3) The lands are to be used for institutional purposes, including amongst other things, a religious . retreat centre, a sanctuary, a school, together with appropriate parking facilities and other ancillary uses 4) The purchaser agrees to assume the Authority's conditions as earlier set out by the Members of the Authority. subject to modifications contained in the appended Executive Summary. Continued... Authority Meeting #6/96, July 26, 1996 A227 5) The subject transaction is to be completed on or before November 29, 1996, with the balance of the purchase price being paid in cash on closing. 6) Any additional considerations as are deemed appropriate by the Authority's solicitor. THA T the sale be subject to approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R,S.Q, 1990, Chapter 27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. RECORDED VOTE - MAIN MOTION Patrick Abtan ......................................................................... Nay Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Randy Barber, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Margaret Black ....................................................................... Yea Lorna Bissell ......................................................................... Yea lIa Bossons .......................................................................... Yea Victoria Carley .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase ...................................................................... Nay Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . Nay Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Nay Frank McKechnie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Jim McMaster ........................................................................ Yea Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . Yea Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Case Ootes .......................................................................... Yea Donna Patterson ................................................................,...., Yea Enrico Pistritto .....................,....................................,............. Yes Paul Raina .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . Yes Bev Salmon ................................................................ . . . . . . . . . . Yea Deborah Sword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. Yes Richard Whitehead .................................................................... Nay THE MAIN MOTION WAS ....................................... CARRIED A228 Authori~ Meeting #6/96, July 26, 1996 AMENDMENI Moved by: Patrick Abtan Seconded by: Richard Whitehead THA T staff negotiate with the proponents such that the Authority receive payment for any storm water management lands and road allowance lands of the Authority, that may be required for the proposals referred to in the main motion. RECORDED VOTE - AMENDMENT Patrick Abtan ......................................................................... Yea Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . Nay Randy Barber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Margaret Black .................................................................,..,.. Nay Lorna Bissell ...............................................................,......... Nay lIa Bossons ...........,......................................................,....... Yea Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . Nay Michael Di Biase ...................................................................... Nay Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Frank McKechnie. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Jim McMaster ...................,.................................................... Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Case Ootes .......................................................................... Nay Donna Patterson ...................................................................... Nay Enrico Pistritto ........................................................................ Yea Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Bev Salmon ............................................................. . . . . . . . . . . . . . Nay Deborah Sword ....................................................................... Nay Richard Whitehead .................................................................... Yea THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOT CARRIED Authority Meeting #6/96, July 26, 1996 A229 RES #A134/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VAllEY AND SHORELINE REGENERATION PROJECT 1992-1996 Tender Opening Sub-Committee Report #20/96 Tender ES96-03, East Point Park, City of Scarborough Award of Contract ES96-03 Storm Sewer Outfall, East Point Park, City of Scarborough, (Executive Committee - Res, #B80/96) Moved by: lIa Bossons Seconded by: Paul Raina tHAT Tender ES96-03 for Storm Sewer Outfall, East Point Park, City of Scarborough, be awarded to Drainstar Contracting Limited for the tendered amount of $120,278.28 (including G,S.T,). .. CARRIED , RES #A135/96 - RENEWAL OF INSTAllATION AGREEMENT WITH TRANSPORT CANADA FOR USE OF AUTHORITY-OWNED lAND FOR AIRCRAFT NOISE MONITORING SYSTEM Receipt of a request from The Municipality of Metropolitan Toronto for approval of The Metropolitan Toronto and Region Conservation Authority, for renewal of an existing installation agreement with Transport Canada in the vicinity of Acacia Avenue, City of North York, CFN#23033, (Executive Committee - Res,#B81 /96) Moved by: lIa Bossons Seconded by: Paul Raina THA T WHEREAS The Metropolitan Toronto and Region Conservation Authority is the owner of Part of Lot 12, Concession VI, and Lot 247, Registered Plan 1842, City of North York, in The Municipality of Metropolitan Toronto; AND WHEREAS the subject lands have been turned over to The Municipality of Metropolitan Toronto, in accordance with the terms of an agreement dated June 14, 1961; - THAT the Authority approve renewal of the installation agreement with Transport Canada for a term of 3 years commencing April 1, 1996, on the basis as set out in the attached copy of Clause 13 contained in Report No.7 of The Corporate Administration Committee, which was adopted by the Council of The Municipality of Metropolitan Toronto at its meeting held on April 24, 1996. AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give affect thereto, including obtaining necessary approvals and the execution of any documents. ,.,...."""........,...........,.",......" CARRIED A230 Authority Meeting #6/96, July 26, 1996 RES #A 136L91i- REQUEST FOR THE USE OF AUTHORITY-OWNED LANDS West of Islington Avenue, South of Nashville Road Village of Kleinburg, City of Vaughan, The Authority is in receipt of a request from 802282 Ontario Ltd. to utilize a small portion of Authority-owned land, west of Islington Avenue, south of Nashville Road in the Village of Kleinburg, Humber River Watershed. CFN #28062 (Executive Committee - Res. #B82/96) Moved by: lIa Bossons Seconded by: Paul Raina THA T WHEREAS the Authority is in receipt of a request from 802282 Ontario ltd. to utilize 0.2 acres, more or less, of Authority-owned land being Part of lot 24, Concession 8, in the City of Vaughan, Regional Municipality of York and further described as Part 2, Plan 65R-16394, to allow the placement of fill to accommodate facilities for the Binder Twine Festival, trail development, parking and ravine reforestation; THAT the Authority enter into an agreement to be registered on title with 802282 Ontario ltd. on the following basis: iii 802282 Ontario Ltd. be solely responsible for all costs associated with the placement and maintenance of the fill Iii) 802282 Ontario ltd, to indemnify and save harmless the Authority from any and all actions or claims of any nature related directly, or indirectly, to the construction and maintenance of the land (iii) 802282 Ontario Ltd. to provide suitable liability in a form acceptable to the Authority (iv) 802282 Ontario ltd, post securities in an amount acceptable to the Authority to be held for a two year period following completion of the construction to the satisfaction of the Authority (v) That all work be in accordance with technical studies and the permit issued pursuant to Ontario Regulation 158 (vi) Any other terms and conditions deemed appropriate by the solicitors for the Authority AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give affect to, including obtaining the necessary approvals and the execution of any documents. , . . . . . , . . . . . . . . , , , . . . . . . , , , . . . . . . , . . . , . . , , . . . . , . . . . , . . CARRIED Authority Meeting #6/96, July 26, 1996 A231 RES #A137/96 - THE CORPORATION OF THE CITY OF BRAMPTON The Corporation of the City of Brampton has requested conveyance of a parcel of Authority-owned land for a road widening for the reconstruction of McVean Drive. (Executive Committee - Res. #B83/96) Moved by: lIa Bossons Seconded by: Paul Raina THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Corporation of the City of Brampton for conveyance of a parcel of Authority-owned land required for the reconstruction of McVean Drive; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with The Corporation of the City of Brampton in this instance; THAT a parcel of Authority owned land containing 0,942 hectares, more or less (2.328 acres) be conveyed to The Corporation of the City of Brampton for a road widening for the reconstruction of McVean Drive, said land being Part of Lots 6 and 7, Concession 8 Northern Division, City of Brampton, Regional Municipality of Peel; THAT consideration is to be the nominal sum of $2.00, plus all legal, survey and other costs; THAT the conveyance be subject to the Authority's technical requirements being satisfied; THAT said conveyance be subject to an Order in Council being issued in accordance with Section 21(2) of the Conservation Authorities Act, R,S.O, 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents, ,...............""......""..,......" _ . . . . CARRIED RES #A 138/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: lIa Bossons Seconded by: Paul Raina THAT Section II, of Executive Committee Minutes #5/96, held July 12, 1996, be received and approved. ...".",.",..",......"""".....",..",..".",....", CARRIED A232 Authority Meeting #6/96, July 26, 1996 RES. #A 139/96- PETTICOAT CREEK CONSERVATION AREA Potential Management Agreement Authorization to formally pursue discussions with the Town of Pickering regarding the possibility of placing Petticoat Creek Conservation Area under management agreement, (C&RLM - Res. #C9/96) Moved by: Enrico Pistritto Seconded by: Deborah Sword THAT staff be authorized to write to the Town of Pickering on behalf of the Authority requesting the Town of Pickering to explore, with the Authority, the possibility of entering into a partnership for the operation and management of Petticoat Creek Conservation Area; THAT Authority staff be authorized to negotiate a suitable management agreement with the Town of Pickering for Petticoat Creek; AND FURTHER THAT any agreement negotiated be brought back to the Authority for approval. . . , , , . . . . . . . . . . . . . . , . . . . , , , . , , . . . . . . , . . , , , . . . . , . . . . . , , , . , . . . . . . . . . . . CARRIED NEW BUSINESS RES. #A140/96 - CONDOLENCES A moment of silence was observed in memory of Ms. Lillian Jane Harrison, mother of Authority Member, Councillor Bfian Harrison. Moved by: Enrico Pistritto Seconded by: Lois Hancey THAT condolences from the Chair and the Members of the Authority be sent to Councillor Brian Harrison and his family on the passing of his mother, Ms. Lillian Jane Harrison.. . . . . . . . . . CARRIED Authority Meeting #6/96, July 26, 1996 A233 RES. #A141/96 - MOTION OF APPRECIATION Moved by: Deborah Sword Seconded by: Donna Patterson THAT appreciation from the Chair and the Members of the Authority be sent to Mr. Ken Owen, upon announcement of his resignation as Director of Facilities and Operations. Mr. Owen is commended for his hard work and dedication put forth for The Metropolitan Toronto and Region Conservation Authority and staff, the Chair and Members join in wishing him the best of luck in his new position with the City of Mississauga. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED DIRECTION TO STAFF The Board requested that staff review what, if any, conflict may exist in using the same solicitor as the Town of Orangeville at the upcoming OMB Hearing related to OPA 114 and report back to the Executive Committee. TERMINATION ON MOTION, the meeting terminated at 11 :40 a.m. on July 26, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. t., ", the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #7/96 Page A234 August 30, 1996 Meeting #7/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, August 30, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:05 a,m, PRESENT Patrick Abtan "..............,...................,.",................. Member Maria Augimeri ..................,...............".,................... Member Randy Barber , , , , . . . . . . . , , . . . . . , . , , , . . . . . . , , , , , , , . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase .......,...,.,........................"................ Member Lois Hancey .....,......".,.,..................."..,.".."........" Member Brian Harrison . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . Member Frank McKechnie. . . . . . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . Member Joan King . . . . . . . . . . , , , . , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . , . . . . . . . . . Member Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . Member Richard O'Brien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor ..........",..................................,..... Member Enrico Pistritto , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . Member Paul Raina . . . . . , . . , . , . . . . . . . . . . . . . . . . . , , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead . . . . . . . . . . . . . . , . . , . . . , , , . , , , . . . . . . . . . . . . . . , . . . . . . . . . . . Member REGRETS Lorna Bissell .......................,..,................................ Member Margaret Black ..........,....",........."".................."...... Member lIa Bossons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Victoria Carley . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , Member Lois Griffin .,.............,."..,...",.,........."".."..........,., Member Raymond Cho . . . . . . . . . . . . . . , , . , . . . . . . . . . . . . . . . . . . , , , , . . . . . . . . . . . . . . , , . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , Member Donna Patterson ,...................,...........................,...,... Member Paul Palleschi ..,........"".............".,................,.,....... Member Maja Prentice .............................,....,...........,........... Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . Member Deborah Sword . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , , . . . . . . . . . . , . . , . . . , . . . Member RES #A 142/96 - MINUTES Moved by: Paul Raina Seconded by: Patrick Abtan THAT the minutes of Meeting #6/96, held July 26, 1996, be approved. . . . . . . . . . . . . . . . . CARRIED . A235 Authority Meeting #7/96, August 30, 1996 RES. #A143/96- DON VALLEY BRICKWORKS REGENERATION PROJECT Wood Windows Contract, This report advises on the results of the wood wmdows quotations received by the Authority as part of Tender Opening Sub- Committee Report #21/96. (Executive Committee Res - #B96/96) Moved by: Randy Barber Seconded by: Joan King THAT Tender Opening Sub-Committee Report #21/96 (Tender Addendum), dated August 2, 1996, on wood window quotations be received; AND FURTHER THAT staff be directed to award the contract for the supply and installation of the wood windows associated with the Don Valley Brickworks site restoration project to WindowCraft for the amount of $100,959 (excluding GST), with a contingency of $12,000 for additional hardware and unknown conditions resulting in a total contract cost of $112,959 (excluding GST). , . , . , . , . . . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A144/96- DON V ALLEY BRICKWORKS REGEN ERA TION PROJECT Mechanical Works Contract, This report advises on the results of the mechanical works quotations received by the Authority as part of Tender Opening Sub-Committee Report #23/96, (Executive Committee Res,- #B97/96) Moved by: Randy Barber Seconded by: Joan King THAT Tender Opening Sub-Committee Report #23/96, dated August 2, 1996, on mechanical works quotations be received; AND FURTHER THAT staff be directed to award the contract for the mechanical works associated with the Don Valley Brickworks site restoration project to Adelt Mechanical for the amount of $256,700 (excluding GST). . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #7/96, August 30, 1996 A236 RES. #A 145/96- DON V ALLEY BRICKWORKS REGEN ERA TION PROJECT Site Services Contract This report advises on the results of the site services quotations received by the Authority as part of Tender Opening Sub-Committee Report #24/96. (Executive Committee Res, - #B98/96) Moved by: Randy Barber Seconded by: Joan King THAT Tender Opening Sub-Committee Report #24/96, dated August 02, 1996, on site services quotations be received; AND FURTHER THAT staff be directed to award the contract for the site services associated with the Don Valley Brickworks site restoration project to Crown Drain in the amount of $122,500 (excluding GST), with a contingency of $73,160 for unknown subsurface conditions resulting in a Total Contract Cost of $195,660. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , , . . . . . . CARRIED , . A237 Authority Meeting #7/96, August 30, 1996 RES_ #A 146/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, , 996-2000 Flood Plain Component, Rouge River Watershed W. Mandel Developments ltd. and Greenhill Developments ltd. Property Purchase of property, located north of Elgin Mills Road, west of Yonge Street, in the Town of Richmond Hill, under the "Greenspace Protection And Acquisition Project 1996-2000, Flood Plain and Conservation Component - Rouge River Watershed." CFN 28005 (Executive Committee Res. - #B1 00/961, Moved by: Randy Barber Seconded by: Joan King THAT 0.914 acres, more or less, consisting of an irregular shaped parcel of vacant land, be purchased from W. Mandel Developments Limited and Greenhill Developments limited, said land being Part of lot 2, Registered Plan 1642, Town of Richmond Hill, Regional Municipality of York, and further described as Parts 2, 4 and 5 , Plan 65R-, consisting of land situate north of Elgin Mills Road, west of Yonge Street; THAT a restrictive covenant be registered on title in favour of the MTRCA prohibiting the placement of fill or regrading, the removal of vegetation or the construction of structures on 0.246 acres, more or less, consisting of an irregular shaped parcel of land, be purchased from W. Mandel Developments Limited and Greenhill Developments Limited. said land being Part of lot 2. Registered Plan 1642. Town of Richmond Hill, Regional Municipality of York, and further described as Part 6 Plan 65R-, consisting of land situate north of Elgin Mills Road, west of Yonge Street; THAT consideration is to be the nominal sum of $2.00; THA T the Authority receive conveyance of the land required free from encumbrance. subject to existing service easements; THA T Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #7/96, August 30,1996 A238 RES #A147/96 - EXCHANGE OF LANDS/VICINITY OF 3597 EGLlNTON AVENUE WEST, CITY OF YORK 717824 Ontario Limited Receipt of request from 717824 Ontario Limited to explore the possibility of a land exchange and involving a small fragment of tableland, Humber River Watershed, CFN 28102 (Executive Committee Res. #B101l96). Moved by: Randy Barber Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from 717824 Ontario Limited, the owner of 3597 Eglinton Avenue West, to enter into an exchange of lands situate on the south side of Eglinton Avenue West, east of Jane Street, City of York; AND WHEREAS it is in the opinion of the Authority that it is in the best interest of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to proceed with this exchange; THA T the Authority enter into an exchange of lands on the following basis: (1) 717824 Ontario Limited will convey to the Authority a parcel of land containing 0.118 acres, more or less, being Part of Lot 19, Plan 953, City of York, Municipality of Metropolitan Toronto and further described as Part 1 and 6 on Reference Plan 64R-14736; (2) The Authority will convey to 717824 Ontario Limited a parcel of land containing 0.023 acres, more or less, being Part of Lot 19, Plan 953, City of York, Municipality of Metropolitan Toronto; (3) The lands being conveyed to 717824 Ontario Limited shall only be used for parking, landscaping or gardening purposes; (4) All parties shall pay their own costs relating to the transaction, except the appraisal and severance costs which shall be split on a 50/50 basis; (5) Completion of this sale will be subject to any planning act approvals that may be required; THAT the exchange is subject to the approvals of The City of York and The Municipality of Metropolitan Toronto; THA T Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; THAT the sale be subject to the approval of the Minister of Natural Resources in accordance with Section 21(c) of the Conservation Authorities Act C.27 as amended; AND FURTHER THAT appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. ...,..............,........................... CARRIED A239 Authority Meeting #7/96, August 30, 1996 RES #A 148/96- MISSISSAUGA HYDRO-ELECTRIC COMMISSION Request for a permanent easement for underground hydro cables on the north side of Derry Road East, East of Airport Road. Receipt of a request from Misslssauga Hydro-Electric Commission to provide a permanent easement for underground hydro cables located on the north side of Derry Road East, East of Airport Road, City of Mississauga., CFN 28099 (Executive Committee Res. - #B 102/96) Moved by: Randy Barber Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from the Mississauga Hydro-Electric Commission to provide a permanent easement for underground hydro cables located on the north side, Derry Road East, East of Airport Road, City of Mississauga; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the Mississauga Hydro-Electric Commission in this instance; THA T a permanent easement containing 0.06 hectares, more or less, (0.15 acres) be granted to the Mississauga Hydro-Electric Commission underground hydro cables, said land being Part of Lot 11, Concession 7, East of Hurontario Street, for City of Mississauga, Regional Municipality of Peel; THAT consideration is to be $2,00 plus an administration fee of $1,000.00 and all legal, survey and other costs; THA T said easement is subject to approval of the Minister of Natural Resources being obtained in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. . _ . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #7/96, August 30, 1996 A240 RES. #A149/96- THE CORPORATION OF THE TOWN OF PICKERING Request to utilize Authority land for the construction and maintenance of a trail Receipt of a request from The Corporation of the Town of Pickering for the construction and maintenance of a pedestrian trail on Authority-owned land on the west side of Valley Farm Road north of Finch Avenue in the Town of Pickering, CFN 27949 (Executive Committee Res, - #B103/96), Moved by: Randy Barber Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Corporation of the Town of Pickering for construction and maintenance of a pedestrian trail on Authority-owned land on the west side of Valley Farm Road north of Finch Avenue in the Town of Pickering; THAT The Metropolitan Toronto and Region Conservation Authority enter into a management agreement with The Corporation of the Town of Pickering for the construction and maintenance of a pedestrian trail on Authority-owned lands designated as Part of Lot 21, Concession 2 being Part of Parts 3 and 4 on Plan 40R-13566, Town of Pickering, Regional Municipality of Durham; AND FURTHER THAT the appropriate Authority officials are authorized and directed to take whatever action may be required to give effect thereto, including the execution of any documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , CARRIED RES. #A 150/96 - THE CORPORATION OF THE CITY OF VAUGHAN Request to utilize Authority land for the construction and maintenance of a trail Receipt of a request from The Corporation of the City of Vaughan for the construction and maintenance of a pedestrian trail, on Authority-owned land, on the west side of Clarence Street, in the Woodbridge area of the City of Vaughan, CFN 27941 (Executive Committee Res. #B104/96), Moved by: Randy Barber Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Corporation of the City of Vaughan for construction and maintenance of a pedestrian trail on Authority-owned land on the west side of Clarence Street, in the Woodbridge area of the City of Vaughan; THAT The Metropolitan Toronto and Region Conservation Authority enter into a management agreement with The Corporation of the City of Vaughan for the construction and maintenance of a pedestrian trail on Authority-owned lands, designated as Part of Block 80 on Plan 65M-2808, and Part of Block 41 on Plan 65M-2809, City of Vaughan, The Regional Municipality of York; AND FURTHER THAT the appropriate Authority officials are authorized and directed to take whatever action may be required to give effect thereto, including the execution of any documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A241 Authority Meeting #7/96, August 30, 1996 RES #A151/96- KEATING CHANNEL DREDGING Continuation of annual maintenance dredging of Keating Channel, City of Toronto (Executive Committee Res, #B105/96), Moved by: Randy Barber Seconded by: Joan King THAT the Toronto Harbour Commission be requested to continue maintenance dredging of the Keating Channel in 1996 and to fund one third of the cost for dredging and the Cell One Capping up to a total amount of $300.000; THAT the City of Toronto be requested to fund a one third share of the cost of the dredging and the Cell One Capping up to a total amount of $300.000; THAT the Authority contribute a one third share of the cost of the dredging and the Cell One Capping up to a total amount of $300.000; AND FURTHER THAT the Authority continue with the environmental monitoring program. . . . CARRIED RES #A 152/96 - EXPERIMENTAL WASTEWATER TREATMENT SYSTEM AND COVERED MANURE STORAGE Memorandum of Agreement Multi-year Memorandum of Agreement to construct and assess the effectiveness of a covered manure storage and experimental wastewater treatment system. (Executive Committee Res. #B106/96, #B107/96) Moved by: Randy Barber Seconded by: Joan King THA T the Authority enter into a Memorandum of Agreement or Agreements covering the period from August 1, 1996 to December 31. 2001 with the Ministry of Environment and Energy and Ted and Dave Dean to construct and monitor the effectiveness of a covered manure storage and experimental wastewater treatment system (constructed wetland), AND FURTHER THAT staff research different methods of manure storage and wastewater treatment systems. including the use of wetlands and other aquatic plants. and report back to the Executive Committee. . . . . . . . . . . . . . . , . . . . . . . . . . . , , , . . . , , . . . . . . . . . . . . . . . . . . , , , . . . . CARRIED Authority Meeting #7/96, August 30,1996 A242 RES #A 153/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy 8arber Seconded by: Joan King THAT Section II. of Executive Committee Minutes #7/96. held August 16. 1996. be received and approved. . . . . , . , . . . . . . . . , , , , . . . . . . . . . , , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Section II Items as follows: DON VALLEY BRICK WORKS REGENERATION PROJECT - (Executive Committee Res. #810S/96) HUMBER WATERSHED STRATEGY - (Executive Committee Res. #8109/96) DURHAM REGION CONSERVATION AUTHORITIES - Partnership Memorandum - (Executive Committee Res. #8110/96, #8111/96) APPLICATIONS FOR PERMITS PURSUANT TO ONTARIO REGULATION 158 (Executive Committee Res. #8112/96, 8#113/96, #8114/96) RES #A 154/96 - WATER BASED ACTIVITIES IN CONSERVATION AREAS Policy and Procedures Revision to the Policy and Procedures for Water 8ased Activities, and delegation of approval of swimming area and boating rules related to Conservation Areas to Authority Staff. (Conservation and Related Land Management Advisory 80ard Res. #C12/96) Moved by: Richard Whitehead Seconded by: Jim McMaster THAT the Policy and Procedures for Water Based Activities be revised to include Claireville Conservation Area as a designated Conservation Area where public boating is permitted; AND FURTHER THAT approval of swimming area and boating rules, as related to Conservation Areas be delegated to the Manager. Conservation Areas. . . . . , . . . . . , , , , . . . . . . . . . . . . . . . . . CARRIED A243 Authority Meeting #7/96, August 30, 1996 RES #A 155/96- CLAIREVILLE CONSERVATION AREA MANAGEMENT PLAN Public Use The preparation of a management plan to guide future public use development at the Claireville Conservation Area and the establishment of a Technical Advisory Committee to assist staff in the development of this plan. (Conservation and Related land Management Advisory Board - Res.. #C13/96, #C14/96) Moved by: Richard Whitehead Seconded by: Jim McMaster THA T staff be directed to proceed to undertake Phase I of the Claireville Conservation Area Management Plan. Phase I to include: 1. Review existing plans and studies within the West Humber River Sub - watershed. of which Claireville Conservation Area is a part (Le. Humber Watershed Strategy); 2. Document existing and proposed. land use. municipal services, road classifications and property ownership; 3. Document and quantify the current public use and types of recreation activities occurring in the Claireville Conservation Area and surrounding communities; 4. Define the natural heritage system. cultural and physical resources. Define the community's needs in terms of outdoor recreation/education. Identify any information deficiencies that may exist. THA T staff be directed to establish a technical advisory committee. which would include members of the public and interested community groups. to participate in the development of the Terms of Reference for the Claireville Conservation Area Management Plan. assist in the development of the plan. and to facilitate opportunity for public input. AND FURTHER THAT the Final Terms of Reference for the Claireville Conservation Area Management Plan be brought back to the Authority for approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authofity Meeting #7/96, August 30, 1996 A244 RES #A 156/96 - BLACK CREEK PIONEER VILLAGE Business Plan Sub-Committee Report Adoption of recommendations of the Black Creek Pioneer Village Business Plan Sub-Committee (Conservation and Related Land Management Advisory Board Res. #C16/96), Moved by: Richard Whitehead Seconded by: Jim McMaster THA T Recommendation 4 of the Black Creek Pioneer Village Business Plan Sub-Committee Report. dated July. 1996. regarding the establishment of a separate fund raising entity for Black Creek Pioneer Village. be recommended for approval. ....,."............................... CARRIED NEW BUSINESS RES #A 1 57/96 - BLACK CREEK PIONEER VILLAGE Fund Raising Committee That a special fund raising committee for Black Creek Pioneer Village be established to broaden financial support for operations. Moved by: Richard Whitehead Seconded by: Jim McMaster THA T the recommendation of the Black Creek Pioneer Village Business Plan Sub-Committee. regarding the need to establish a separate fund raising mechanism for Black Creek Pioneer Village (BCPV) be approved; THA T staff be directed to immediately enter into discussions with The Conservation Foundation of Greater Toronto (CFGT) regarding the most effective means of establishing a separate fund raising mechanism that will meet the objectives of both BCPV and the CFGT; AND FURTHER THAT staff report to the Conservation and Related Land Management Advisory Board on the results of these discussions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED BACKGROUND At C&RLM Meeting #3/96, the report of the Black Creek Pioneer Village Business Plan Sub-Committee was received and Recommendation #4 concerning the establishment of a separate BCPV fund raising committee was adopted of the remaining 3 Recommendations from the Sub-Committee, two were referred back to staff and one has been referred to the Executive Committee. Recommendation #4 of the BCPV Business Plan Sub-Committee report states: liThe Sub-committee recommends that a separate group of individuals from the community be established to raise funds for and promote the Vii/age and that the Authority immediately enter into discussions with the Conservation Foundation of Greater Toronto in order to determine the most effective means of implementing this recommendation. II A245 Authority Meeting #7/96, August 30, 1996 RA TIONALE The fund raising function is a critical element for survival today for any non-profit organization, especially as public sector funding diminishes, Unlike other Toronto cultural attractions including the ROM, AGO, Toronto Symphony Orchestra, McMichael, Metro Zoo, Ontario Science Centre, Canadian Opera Company, The National Ballet, and Harbourfront, BCPV does not have a dedicated fund raising arm, but must establish one in order to achieve the greater level of self-sufficiency demanded of it over a very short time frame. The culture sector has long recognized the importance of ongoing fund raising and most cultural institutions expect their board members to fund raise actively, and include it among board responsibilities. The Board's fund raising role complements or assists the efforts of staff managed foundations or in-house development departments. In the absence of a separate Board of Directors for BCPV, the Sub-Committee considered ways in which a fund raising group unique to the Village could be established. The Conservation Foundation IS one vehicle through which this could be accomplished, The establishment of a separate charitable foundation is also a possibility. The BCPV Business Plan Sub-Committee has concluded that it is essential for the Village to have a dedicated fund raising arm, but whether it resides within the existing Conservation Foundation or is established as a separate entity, requires further discussion with the Foundation. The Sub-Committee recognized the importance of creating a committee whose sole fund raising objective is BCPV, and the importance of recruiting individuals with specific expertise from the broader community to assist in this effort. The dedication of such a group to the Village's ongoing fund raising needs, without concern for other projects, was also considered to be imperative. Ideally, this group would Include individuals with strong corporate connections, previous experience and success in fund raising, genuine interest In BCPV, and would represent both the geographical and ethnic communities as well as communities of interest. FINANCIAL DETAILS There are no financial details at this time. Report prepared by: Marty Brent, ext. 403 TERMINATION ON MOTION, the meeting terminated at 11 :30 a.m. on August 30, 1996. Richard O'Brien J. Craig Mather Chair Secretary- Treasurer pI. ~ V the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #8/96 Page A246 September 27, 1996 Meeting #8/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, September 27, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:05 a.m. PRESENT Patrick Abtan . . , , , , . . , , , . . . . . . . , , . , . . . , , , , . . , , , . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . _ . . . . , , , , . . . . . , . , . . . . . . , . . . , , . . . . . _ . . . . . Member Randy Barber , . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . , , . . , . . . . . . . . . . . . . Member Margaret Black . , , . . . . . . . . , . . , . . , . . , . , , . . . , , . , , . , . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons . . . . . . . . . . . . . . . . . . , . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . Member Victoria Carley . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Brian Harrison . . . . . . . . , , . , , . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . , . , . , . , . . . . . . . . . . . . . . . . . . . Member Jim McMaster .............."..........,.."",............., Member Richard O'Brien . , , , . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . , . . , . . . . . . . . Member Case Oates .........."...".................,............... Member Donna Patterson . . . . . . . . , , . , , , , . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . , . . , _ . . . , . , . , , , , . . . . . . . . . . . . . . . . , . . . . Member Paul Raina . . . . . . . . . . . . . . . . . , , , , , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . , . _ . , . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . Member Deborah Sword . . , , , . , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard Whitehead . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . _ . . Member REGRETS Raymond Cho . . . . . . . . . . . , . . . . , , , . , . , . . . . . . . . . . . , . . , . , . . . . . . . . Member Lois Hancey . , , , . . , . , . . . . . . . . . . . . . . . . . . . . , , , . , , . . . . . . . . . . . . . . . Member Eldred King . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . Member Joan King ...."...,...,...............,..................... Member Frank McKechnie "..,.",........ _ . , . , , , , . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member A247 Authority Meeting #8/96, September 27, 1996 RES. #A 158/96 - MINUTES Moved by: Randy Barber Seconded by: Jim McMaster THAT the minutes of Meeting #7/96, held August 30, 1996, be approved. .. . ,. CARRIED DISCLOSURE OF INTEREST Councillor Enrico Pistritto declared a conflict of interest with respect to the Land Severance Application report, shown under New Business, adopted by Rf!!': #A177/~6. Mr. Pistritto lives in the area, He did not participate in discussion or vote on this matter. PRESENTATIONS (a) Mr. Ron Christie, Chair of the Rouge Park Alliance, presented the Authority with a framed print in recognition of the continued support of The Metropolitan Toronto and Region Conservation Authority of the Rouge Park Alliance. (b) 1996 Scarborough Urban Design Awards presented by Jim Dillane, on behalf of Councillor Raymond Cho, for the City of Scarborough, to the Authority. This award, in celebration of the City's bicentennial year, is in recognition of the log cabin at the Guild Inn, and is awarded to various agencies and people in the City of Scarbough, for structures 100 or more years old, still in use today and retaining some historic character. RES #A 159/96 - PRESENTATIONS THA T presentations (a) and (b) be received. . . . , , , . , , . . . . . . . , . . . . . , . ,. CARRIED - Authority Meeting #8/96, September 27,1996 A248 RES #A 160/96- REGIONAL MUNICIPALITY OF PEEL Receipt of a request from the Regional Municipality of Peel to provide a permanent easement for installing and maintaining sensors and for improving pedestrian and cyclist safety, at the driveway at 1352 Lakeshore Road East, City of Mississauga,CFN 23039 (Executive Committee Res. #B116/96). Moved by: Randy Barber Seconded by: Deborah Sword THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Regional Municipality of Peel to provide a permanent easement for installing and maintaining sensors and improving pedestrian and cyclist safety at 1352 Lakeshore Road East, City of Mississauga; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the Regional Municipality of Peel in this instance; THAT a permanent easement containing 0.011 hectares, more or less, (0.028 acres) be granted to the Regional Municipality of Peel for installing and maintaining sensors and improving pedestrian and cyclist safety, said land being Part of Lot 5, Concession 3, South of Dundas Street, City of Mississauga, Regional Municipality of Peel; THA T consideration is to be $2.00 plus all legal, survey and other costs; THA T said easement is subject to obtaining approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the pbtaining of necessary approvals and the execution of any documents. . . . . . . . . . . , . . . . . . . . . . . ,. CARRIED A249 Authonty Meeting #8/96, September 27, 1996 RES HA161/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGENERATION PROJECT 1992-1996 The Tender Opening Sub-Committee opened tenders on August 16, 1996 for the supply and delivery of quarry stone for the Sylvan Erosion Control Project, City of Scarborough and recommended that all tenders be referred to staff for review and report (Executive Committee Res, #B117/96). Moved by: Randy Barber Seconded by: Deborah Sword THA T Tender ES96-19 for the supply and delivery of rip rap stone be awarded to Nelson Aggregates at a total cost of $23,775.00 (excluding G.S.T.), and also that tender ES96-20 for the supply and delivery of Armour stone be awarded to J.C. Rock Ltd. at a total cost of $104,000.00 (excluding G.S.T.). ,..............,......,.,......". CARRIED RES #A 162/96- REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK (MARCH 1993) Supply of Quarry Stone to the Etobicoke Motel Strip Project, City of Etobicoke. The Tender Opening Sub-Committee opened tenders on August 16, 1996 for the supply and delivery of quarry stone, and recommended that all tenders be referred to staff for review and report (Executive Committee Res. #B118/96) Moved by: Randy Barber Seconded by: Deborah Sword THAT Tender ES96-21 for the supply and delivery of rip rap stone be awarded to Nelson Aggregates at a total cost of $47,250.00 (excluding G.S.T,), and also that tender ES96-22 for the supply and delivery of armour stone be awarded to J.C. Rock Ltd, at a total cost of $130,000.00 (excluding G.S.T.). ........,...,.......,...........,. CARRIED Authority Meeting #8/96, September 27, 1996 A2S0 RES #A 163/96 - APPOINTMENT OF REPRESENTATIVES TO THE ROUGE PARK ALLIANCE The Metropolitan Toronto and Region Conservation Authority's appointments to the Rouge Park Alliance (Executive Committee Res. #B 119/96) Moved by: Randy Barber Seconded by: Deborah Sword THAT Councillor Raymond Cho be reappointed as The Metropolitan Toronto and Region Conservation Authority's representative on the Rouge Park Alliance and that Mr. Brian Denney, Director of Watershed Management, be appointed as the Authority's alternate representative; AND FURTHER THAT the Chair of the Rouge Park Alliance be so advised. . . . . .. CARRIED RES #A16419-6- SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Deborah Sword THAT Section II, of Executive Committee Minutes #8/96, held September 6, 1996, be received and approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . , CARRIED Section II Items, as listed below: Don Valley Brick Works Regeneration Project, Quarry Landscaping, Brick and Limestone - (Executive Committee Res. #B 120/96) Don Valley Brick Works Regeneration Project, Quarry Landscaping, Concrete Forming (Executive Committee Res. #B212/96) Lake Ontario Waterfront Regeneration Project 1995-1999 in The Municipality of Metropolitan Toronto (Executive Committee Res. #B122/96) 1996 Waterfront Monitoring Program, Lab Analytical Services (Executive Committee Res. #B125/96) Applications for Permits Pursuant to Ontario Regulation 158 (Executive Committee Res. #B126/96, #B127/96, #B128/96) Black Creek Pioneer Village, Business Plan Sub-Committee Report (Executive Committee Res. #B 129/96, #B 130/96) A251 Authority Meeting #8/96, September 27, 1996 RES #A165/96- lAKE ONTARIO WATERFRONT REGENERATION PROJECT 1995- 1999 Continuation of the site development at Colonel Samuel Smith Waterfront Park, City of Etobicoke (W&RLM Res, #042/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THA T staff be directed to proceed with the 1996 development program at Colonel Samuel Smith Waterfront Park, City of Etobicoke, under the "Lake Ontario Waterfront Regeneration Project 1995-1999", at a total cost of $410,000. AND FURTHER THAT staff be directed to complete the development of the south basin wetland and the interpretive trail at a total cost of $100,000. . . . . . . . . , . , . .. CARRIED RES #A166/96- lAKE ONTARIO WATERFRONT REGENERATION PROJECT 1995- 1999 1996 Waterfront Monitoring Program (W&RLM Res. #043/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THA T staff be directed to continue the implementation of the Waterfront Monitoring Program at an estimated cost of $90,000 in 1996, to be funded under the "Lake Ontario Waterfront Regeneration Project 1995-1999". . . , . . . . . . , . . , . , . , , . . . , . .. CARRIED RES #A167/96- TOMMY THOMPSON PARK POSTER To provide details on the development of the Tommy Thompson Park information poster (W &RLM #044/96) Moved by: . Richard Whitehead Seconded by: lIa Bossons THAT the information related to the Tommy Thompson Park poster be received. . CARRIED Authority Meeting #8/96, September 27,1996 A252 RES #A 168/96 - TOMMY THOMPSON PARK Habitat Creation/Restoration Projects 1996-97 To provide information on the habitat creation/restoration projects to be implemented at Tommy Thompson Park in 1996-97 (W&RLM #D45/96) Moved by: Victoria Carley Seconded by: Lois Griffin THAT the 1996-97 Habitat Creation/Restoration Projects at Tommy Thompson Park be approved. .......................................,..,.,..,.. CARRIED RES #A 169/96 - CLEAN UP RURAL BEACHES PROGRAM The Clean Up Rural Beaches (CURB) Program 1995/96 Annual Report. (W&RLM Res.#D46/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THA T the staff report, dated August 28, 1996, on the Clean Up Rural Beaches (CURB) Program be received. . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . ., CARRIED RES #A17019-6- GTA FLOOD WARNING COMMITTEE Status of GT A Authorities streamlining of FLOOD Warning Systems. (W&RLM Res.#D47/96) Moved by: Joan King Seconded by: Richard O'Brien THA T the status report on the GT A Flood Warning Committee be received; AND FURTHER THAT staff be directed to continue to work with other conservation authorities in the GT A to coordinate and streamline flood warning activities. . . .. CARRIED A253 Authority Meeting #8/96, September 27, 1996 RES. #A171/96- DON VALLEY BRICKWORKS FUNDING Request to The Municipality of Metropolitan Toronto for release of remaining capital funding (W&RLM Res. #048/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THAT the Don Valley Brickworks Regeneration Project be amended to increase the share for Metropolitan Toronto from $2,250,000, by $250,000, to coincide with the total amount from Metro for the Project of $2,500,000 as shown in the Authority's multi-year capital forecast; THAT Metropolitan Toronto be requested to approve this increase as part of the 1997 capital budget process; THAT The Conservation Foundation for Greater Toronto be thanked for its tremendous success in surpassing the target for fundraising; AND FURTHER THAT staff continue to seek additional funding to further the development and enhancement of all aspects of the project including but not limited to the stabilization of the heritage complex and the interpretation of the site. . . . . . . . . . . . . . . .. CARRIED RES. #A172/96- DON WATERSHED REGENERATION COUNCIL The minutes of Meeting #4/96, June 27, 1996 of the Don Watershed Regeneration Council are provided for information. (W&RLM Res, #049/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THAT the minutes of the Don Watershed Regeneration Council, Meeting #4/96, of June 27, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #8/96, September 27, 1996 A254 RES. #A173/96- THE HUMBER WATERSHED TASK FORCE Minutes of Meetings #7/96 and #8/96 (W&RLM Res. #D50/96) Moved by: Richard Whitehead Seconded by: lIa Bossons THAT the minutes of The Humber Watershed Task Force meetings #7/96 (June 25, 1996) and #8/96 (July 23, 1996), be received. . . . . . . . . . " . . . . . . . . . . . . . . . . .. CARRIED RES. #A 174/96 - NATURAL AND CULTURAL HERITAGE IMPLEMENTATION PROGRAM FOR THE ROUGE RIVER WATERSHED The Rouge Park Alliance initiates the implementation of an integrated Natural and Cultural Heritage Implementation Program for the Rouge River watershed, (W&RLM Res, #051/96) Moved by: Lois Hancey Seconded by: lIa Bossons THAT the attached Natural and Cultural Heritage Implementation Program for the Rouge River watershed be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A255 Authority Meeting #8/96, September 27, 1996 RES #A 175/96 - FUND RAISING FOR BLACK CREEK PIONEER VILLAGE The Black Creek Pioneer Village Business Plan Sub-Committee recommended a separate fund raising mechanism for Pioneer Village. Staff were directed to discuss this matter with The Conservation Foundation For Greater Toronto and report back.(C&RLM Res. #C 19/96) Moved by: Randy Barber Seconded by: Case Dotes THA T approval in principle be given to the establishment of a special standing committee of The Conservation Foundation of Greater Toronto with the sole responsibility for fund raising for Black Creek Pioneer Village; AND FURTHER THAT staff be directed to work with The Conservation Foundation of Greater Toronto to develop this model in greater detail for review and approval by the Authority before the end of the year. . . . , . . , , . . , . . . . . , . , . , . . . . , . , , ,. CARRIED Authority Meeting #8/96, September 27,1996 A256 RES #A 176/96 - BLACK CREEK PIONEER VILLAGE Recommendations # 1 and #2 of the Black Creek Pioneer Village Business Plan Sub-Committee Report, dated August 16, 1996. (C&RLM Res. #C20/96) Moved by: Randy Barber Seconded by: Case Dotes THAT the staff report, dated September 16, 1996, on recommendations #1 and #2 of the Black Creek Pioneer Village Business Sub-Committee Report, be received; THA T the mandate for Black Creek Pioneer Village continue to be the provision of quality public programming and the effective management of the public's investment in its heritage; THA T there be no change to the organizational or reporting relationship between the Authority and Black Creek Pioneer Village; THA T the Authority continue to support the basic land, facilities, and collections costs of Black Creek Pioneer Village, as determined annually through the budget process; AND FURTHER THAT Black Creek Pioneer Village develop multi-year business plans, in conjunction with other Authority businesses plans, to ensure that the balance of Village operating costs are raised from non-tax sources. . . . . . . . . . , . . . . . . . . . . . .. CARRIED A257 Authority Meeting #8/96, September 27, 1996 NEW BUSINESS RES #A177/96 - LAND SEVERANCE APPLICATIONS LD 153/96 AND LD 154/96 BY THE ONTARIO REALTY CORPORATION ON BEHALF OF THE PROVINCE OF ONTARIO - DUFFIN ROUGE AGRICULTURAL PRESERVE, TOWN OF PICKERING, REGION OF DURHAM The results of a recent initiative by the provincial government to sever and sell into private ownership part of the provincially owned land acquired for the former North Pickering Project, Moved by: Deborah Sword Seconded by: Lois Griffin THA T the Authority direct staff to appeal the decision of the Durham Region land Division Committee with respect to land Severance Applications lD 153/96 and lD 154/96 by the Ontario Realty Corporation on behalf of the Province of Ontario - Duffin Rouge Agricultural Preserve, Town of Pickering, on the basis that it is premature to consider severances in the Duffin-Rouge Agricultural Preserve until matters related to the long-term protection and ownership of the environmental resources are resolved; THA T staff continue to pursue the resolution of Authority issues in cooperation with the Ontario Realty Corporation, the Region of Durham and the Town of Pickering before the Hearing; THA T Gardiner Roberts be retained as legal counsel, as required; AND FURTHER THAT the Ontario Realty Corporation, the Region of Durham, the Town of Pickering and the Town of Markham be so advised. Authority Meeting #8/96, September 27, 1996 A258 AMENDMENT #1 RES #A 178/96 Moved by: Lois Griffin Seconded by: Margaret Black THA T paragraph one of the main motion be deleted and replaced with the following; THA T the Authority direct staff to appeal the decision of the Durham Region land Division Committee with respect to land Severance Applications lD 153/96 and lD 154/96 by the Ontario Realty Corporation on behalf of the Province of Ontario - Duffin Rouge Agricultural Preserve, Town of Pickering, in compliance with Rp-s #A92/96, adopted at Authority Meeting #4/96, held May 31, 1996 and; THA T it is premature to consider severances in the Duffin-Rouge Agricultural Preserve until matters related to the long-term protection and ownership of the environmental resources are resolved; AMENDMENT #1 WAS , . . . . , , . . . . . , , , . . . , . . . , , . . . . . . . . . . CARRIED AMENDMENT #2 RES #A 179/96 Moved by: lIa Bossons Seconded by: Margaret Black THAT paragraph four of the main motion be deleted and replaced with the following: AND FURTHER THAT the Ontario Realty Corporation, the Region of Durham, the Town of Pickering and the Town of Markham, and local MPPs, be so advised, AMENDMENT #2 WAS . . , . . . . . . , . . . . . , . . . . . . . , . . . . . . . . . . CARRIED THE MAIN MOTION, AS AMENDED, WAS , . . . . , . . . . . . . . . , . . . . . CARRIED BACKGROUND and RATIONALE During the 1970's, the province developed the North Pickering Plan and acquired land for its implementation. The purpose was to create a new community in Pickering, surrounded by a permanent agricultural reserve. This proposed community is now called Seaton and a secondary plan IS currently being prepared by the North Pickering Development Corporation. It is the intent of the province to return the lands in the agricultural preserve to private ownership. A259 Authority Meeting #8/96, September 27, 1996 At meeting #4/96, held on May 31, 1996, the Authority dealt with a request from the Ontario Realty Corporation (ORC) to comment on a disposition strategy for the valley lands and ESA's in the Duffin-Rouge Agriculture Preserve and in this connection the following resolution was adopted: IIRES. #A92/96 THA T the staff report regarding the disposition of surplus government lands, Duffin-Rouge Agriculture Preserve be received; THA T the Authority affirm its position that all flood plain, valley and stream corridors, and environmentally significant lands acquired by the province for the North Pickering Project should remain in public ownership; THA T staff be directed to continue discussions with the Ontario Realty Corporation with respect to the protection and acquisition of the valley and stream corridors contained within those lands now considered surplus. . . . . . . . . - . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . CARRIED" Consistent with this Authority staff met with representatives of the ORC. It was their position that only those lands currently covered by the Authority's Fill Regulation should be retained in public ownership. Staff clarified that the current Fill Regulation limit does not cover all of the valley and stream corridors now regulated by the Authority and that many corridors are regulated for flood risk management. It was further pointed out that these valley and stream corridors are now proposed to be added to the Authority's area for Fill Regulation, In September 1996, Authority staff was requested to comment to the Durham Land Division Committee on an application by the ORC to sever two parcels from a property within the agricultural preserve. In keeping with the Authority's policy and program interests, staff indicated they could not support the proposed applications until the environmental lands on them were placed in a separate block and left in public ownership. Staff requested that, should the Committee choose to approve the applications the following condition be imposed: The applicant identify the environmental lands as separate blocks and transfer title of the environmental blocks at no cost to either The Metropolitan Toronto and Region Conservation Authority, Town of Pickering or the Region of Durham. The property is currently designated "Permanent Agricultural Reserve" and "Major Open Space" in the Durham Regional Official Plan. The Pickering Official Plan is currently being updated and there are no poliCies specific to the area, however, it is in an area intended to retain its rural character. It IS zoned "A", Agricultural. Authority Meeting #8/96, September 27,1996 A260 In commenting on the applications, the Regional Planning Department recommended that they be tabled until satisfactory arrangements were made to protect the open spaces and the applicant can demonstrate the viability of the proposed agricultural parcels. The Town of Pickering Planning Department recommended that the applications be deferred until various issues, including the protection of the environmental areas, could be further discussed by the Town, the Region, the ORC and the Authority, The Duffin-Rouge Agricultural Community and the Green Door Alliance supported one application but not the other. Their objection related to the future urban/agricultural direction of the area and the need for agreement on the disposition of environmentally significant areas, The Land Division Committee approved the severance applications subject to the following condition: "That the applicant satisfy the requirements of The Metropolitan Toronto and Region Conservation Authority with respect to placing a restrictive covenant on title to protect environmentally sensitive lands as per Flood Plain Mapping - Petticoat Creek Sheet OAM 75 to the effect that no filling, grading, construction or alterations to watercourses be undertaken without written permission of the Authority." This decision is contrary to the recommendations of the Region and the Town and only partially addressed the Authority's concerns, The deadline for appeal of the decision is October 8, 1996. The Town, at a meeting held September 23, directed staff to appeal the decision and Regional Planning staff will be recommending to Planning Committee on October 1 that the Region also appeal, The decision did not address the issue of retention of public ownership and the Authority's stated interest. It is staff's opinion that the Authority should join the Region and the Town in appealing the decision on the basis that it is premature to consider severances in the Duffin-Rouge Agricultural Preserve until matters related to the long-term protection and ownership of the environmental resources are resolved. For information contact: Alison Deans, extension 269 A261 Authority Meeting #8/96, September 27, 1996 RES #A180/96 - MINISTRY OF NATURAL RESOURCES MAPLE DISTRICT OFFICE LANDS SOUTH OF TESTON ROAD, EAST OF DUFFERIN STREET, CITY OF VAUGHAN Proposal by the Province of Ontario to dispose of the former Ministry of Natural Resources, Maple District office and associated 120 acres of land, Dufferin Street, City of Vaughan, including environmentally significant areas of interest to the Authority, in the Don River Watershed. Moved by: Michael Di Biase Seconded by: Randy Barber WHEREAS the Ministry of Natural Resources operations previously carried out at the Maple District Office are being moved to other locations and these lands declared surplus to their needs and turned over to the Ontario Realty Corporation for disposal; and WHEREAS these lands are a critical natural resource within the Don River Watershed system and the Greater Toronto Area; and WHEREAS the property is located on the Oak Ridges Moraine and forms part of the headwaters of the East Don River, a major headwater tributary running through the property having a cold water fishery associated with this watercourse; and WHEREAS the property is well vegetated and the stream valley is steeply sloped and may be suitable for designation as an Environmentally Significant Area and an Area of Natural and Scientific Interest; and WHEREAS the Authority has endorsed Forty Steps to a New Don which sets out the strategy for the protection, regeneration and enhancement of this important watershed including retention of green spaces and the protection of natural heritage features as critical components of the strategy; and WHEREAS the Ministry's lands can play an important role in ensuring the future health of the Don River; and THEREFORE BE IT RESOLVED THAT the Authority urge the Province of Ontario to ensure that these important headwater lands remain in provincial ownership so they can continue to contribute to the overall protection and regeneration of the Don; THA T the Authority, the Don Watershed Regeneration Council, the City of Vaughan and the Region of.vork-work with the province to develop a plan for the long term future of the property and a strategy to protect the natural features and functions important to the health and regeneration of the Don River Watershed; AND FURTHER THAT the local MPs and MPPs, the Region of York, and the City of Vaughan, be so advised. ....,."............"."..".........,.,...... CARRIED Authority Meeting #8/96, September 27, 1996 A262 Report Prepared By: Alison Deans, Ext, 269 Res #A 181/96 - POTENTIAL SALE OF PROVINCIAL GREENSPACE LANDS Advising the regional and local municipalities and MPPs of the possibility of the Province of Ontario declaring greenspace lands as surplus to their needs and disposing of them through the Ontario Realty Corporation, Moved by: lIa Bossons Seconded by: Michael Di Biase WHERAS the Province of Ontario is in the process of declaring certain lands surplus to its needs; and WHEREAS some of these lands may be important greenspace resources; and WHEREAS it would be beneficial to have discussions with the province in advance of any greenspace lands being declared surplus and disposed of; THEREFORE, BE IT RESOLVED THAT the Regions of Peel, York and Durham, and The Municipality of Metropolitan Toronto be requested to support the Authority in asking the province to provide information regarding what lands are being considered for disposal in advance of them being declared surplus in order that discussions may occur regarding the protection of greenspace lands; AND FURTHER THAT the local Provincial Members of Parliament be copied on this Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . , . , . . , . . . .. CARRIED MOTION OF APPRECIATION RES #A 182196 - PIONEER DAYS AT BCPV Moved by: Jim McMaster Seconded by: Donna Patterson THA T appreciation from the Chair and Members be sent to staff at Black Creek Pioneer Village (BCPV) and all volunteers who put great effort into making the 40th Annual Pioneer Festival, held at BCPV on September 21, 1996, a tremendous success. . . . . . .. CARRIED A263 Authority Meeting #8/96, September 27, 1996 ANNOUNCEMENT Mr, Andrew Wickens, Manager of Conservation Areas, was elected as President-Elect of the Ontario Parks Association (OPA) by the OPA Board on July 18, 1996. Andy served as Vice- President on the board for the past year. The Chair, Members and staff of the Authority offer their congratulations to Mr. Wickens. TERMINATION ON MOTION, the meeting terminated at 11: 15 a.m. on September 27, 1996. Richard O'Brien J, Craig Mather Chair Secretary- Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #9/96 Page A264 October 25, 1996 Meeting #9/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, October 25, 1996, in the Visitors Centre at Black Creek Pioneer Village, The Chair, Richard O'Brien, called the meeting to order at 10:05 a,m. PRESENT Patrick Abtan , . , , . . . , . . . . . . , . . , , , , . . . . . , . . . . . . , , . . . . , . . . . , . , . Member Randy Barber . , . , , . . . . . . . . . . . . . , , , . . . . , , . , . . . . . . . . , . . . , . . . . . , . Member Lorna Bissell .,."...........,.""""""......,....,..,.." Member Victoria Carley . . , , . . , . . . . . . . , , , , , , , , , , , , , . , . . . . . . . , . . . , , . . , . , , Member Michael Di Biase , . . . , , . . . . . . . , , . . , , , , . , , , . . . . . . . . . , , . . , . , . . , . , Member Lois Hancey , . . , . . . , , . . . . . . . . , . . . , , , , , . . . . . . . . . . . , , . . . , . . . . . , Member Brian Harrison ......,.......,.",....."..........."..,....., Member Norman Kelly . . . . . . . , , . . . . . . . . . . . . . . . . , . . . . . . . . . . . , , . . , . . . . , . , Member Eldred King ......,......,.....................,..........,.,. Member Jim McMaster . . . . . , . . . . , . , . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . , . . . . Member Richard O'Brien .,..,...."....................,...."...,...., Member Donna Patterson , , . , , . . . , , , , . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . , . . Member Enrico Pistritto . , , . . , . . . , , , . . . . . . . . . , , . . . . , . . . . . . . . , . . . , . . . . . . , Member Paul Raina . . . . . , . . , , . . . , , . . . . . . . . . . . . , . . , . , . . . . . . . , . . , . . . . . . , Member Bev Salmon . , . . . . . , . . . . , , . . . . . . . . . . . . . . . . , , , . . . . . . . , . . , . . . , . , Member Deborah Sword .........,................,.""".."..",.." Member Richard Whitehead . . , , . . . , . . . . . . . . . . . , . . . , , , . . , . . . . . . , , . , , . . . . . Member REGRETS Maria Augimeri , . . . . . , , , , . . . . . . . . . . , . . , , . , , . . . . . . . . , , . . , , . . . . , Member Margaret Black , . , , . . . , . . . . . . . . . . . , . , , , , . , . , , . . . . . . , . . , , . . . , . , Member lIa Bossons .,..."..."......,..""""""......,..."..,., Member Raymond Cho .,.,..."........,."."""'......."..,...,,., Member Lois Griffin , . , . . , . . . , . . . . . . , . , , , , , . . , , , , . . . . . . . , . . . . , , , . . . . . . Member Joan King .,.,.".",.....""",."."......".....,....,.,. Member Frank McKechnie . , . . , , . . . . , , , , , . . . . . . . . . . . . . . , , , . . . . . , . . , , . . , . Member Gerri Lynn O'Connor. . , . . . . . . , , , , . . . . . . . . . . . . . , , , . . . . . . . . . , . . . . . Member Case Ootes , . , . . . . . , . . . . , , . . . . . . . . . . . . . . , , , , . . . . . . . , . . , . . . , . , Member Paul Palleschi , . , . . , , . . . . , , . . . . . . . . , , , . , . , , , . . . . . , , . . . , , , . . . . . Member Maja Prentice . . , . . , . . . , , , . . . . . . . . . . , , , , , . . . . . . . . , , . . . . . . . . . , , Member A265 Authority Meeting #9/96, October 25, 1996 RES. #A183/96 - MINUTES Moved by: Michael Oi Biase Seconded by: Paul Raina THAT the minutes of Meeting #8/96, held September 27, 1996, be approved. .. CARRIED CORRESPONDENCE (a) A letter from Mr, K.A. Smee of The Conservation Foundation of Greater Toronto, requesting that the Foundation be given the opportunity to attend Authority Meeting # 10/96, to be held November 22, 1996 to discuss the evolution of the role of the Foundation. RES #A 184/96 - CORRESPONDENCE Moved by: Randy Barber Seconded by: Patrick Abtan THAT the above item of correspondence be received; AND FURTHER THAT a letter be forwarded to The Conservation Foundation of Greater Toronto accepting their offer for a representative of the Foundation to attend Authority Meeting #10/96 to discuss the evolution of the role of the Foundation. . . . . . .. CARRIED Authority Meeting #9/96, October 25, 1996 A266 MOTION TO REFER RES #A 185/96 - THE BEDFORD GROVE - SCATTERING OF ASHES To respond to the Morley Bedford Funeral Home letter of September 30, 1996, requesting that the Authority reconsider its decision not to permit the scattering of ashes on conservation lands. Moved by: Brian Harrison Seconded by: Eldred King THAT the above item be referred back to staff until a representative of Morely Bedford Funeral Home is present at the Authority meeting when this item is being considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A 186/96 - MEETING SCHEDULE 1997 - 1998 To provide a schedule of meetings for the forthcoming Authority year, beginning February 21, 1997 and ending February 20, 1998, Moved by: Patrick Abtan Seconded by: Bev Salmon THAT the Schedule of Meetings 1997-98, dated September 23, 1996, be approved; AND FURTHER THAT the Secretary-Treasurer distribute this schedule at the earliest opportunity to all agencies who appoint members to The Metropolitan Toronto and Region Conservation Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RATIONALE Since almost all Members of the Authority sit on Councils, Boards or Committees which meet on days other than Friday, we have arranged this schedule to accommodate all Authority meetings on Friday. Full Authority meetings have been scheduled for the fourth Friday of the month, and Executive Committee Meetings on the second Friday of the month, with exceptions in the months of March and December to accommodate the March Break and the holiday seasons. When two meetings are scheduled for a morning, the first will be held at 9:00 a.m., otherwise all meetings will be at 10:00 a.m. Report prepared by: Paula Leggieri, Ext, 264 A267 Authority Meeting #9/96, October 25, 1996 THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 1997 - 1998 September 23, 1996 Authority Meeting #9/96, October 25, 1996 A268 - 2 - THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 1997-1998 I FEBRUARY 1997 I TIME I DESCRIPTION I Feb.7 10:00 a.m. C&RLM #6/96 Feb. 14 10:00 a.m. Executive # 12/96 Feb. 21 10:00 a.m, Annual Authority #1/97 Feb. 28 10:00 a.m, W&RLM #1/97 I MARCH 1997 I TIME I DESCRIPTION I Mar. 7 9:00 a.m. F&A #1/97 Mar. 7 10:00 a.m, Executive #1/97 I APRIL 1997 I TIME I DESCRIPTION I Apr. 4 10:00 a.m. Authority #2/97 (Budget). Apr, 11 10:00 a.m. Executive #2/97 Apr. 18 10:00 a.m. W&RLM #2/97 Apr, 18 10:00 a,m. C&RLM #1/97 Apr. 25 10:00 a.m. Authority #3/97 · Moved to April 4 from March 28 due to March Break and Good Friday. I MAY 1997 I TIME I DESCRIPTION I May 9 9:00 a,m. F&A #2/97 May 9 10:00 a.m. Executive #3/97 May 16 10:00 a,m. W&RLM #3/97 May 23 10:00 a.m. C&RLM #2/97 May 30 10:00 a.m, Authority #4/97 A269 Authority Meeting #9/96, October 25, 1996 - 3 - THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 1997-1998 I JUNE 1997 I TIME I DESCRIPTION I Jun. 6 10:00 a.m. C&RLM #3/97 Jun, 13 9:00 a.m, F&A #3/97 Jun. 13 10:00 a.m. Executive #4/97 June 20 10:00 a.m. W &RLM #4/97 June 27 10:00 a,m, Authority #5/97 I JULY 1997 I TIME I DESCRIPTION I Jul. 11 10:00 a,m. Executive #5/97 Jul.25 10:00 a,m, Authority #6/97 I AUGUST 1997 I TIME I DESCRIPTION I Aug. 1 10:00 a.m. C&RLM #4/97 Aug. 8 10:00 a_m. Executive #6/97 Aug.15 10:00 a.m. W &RLM #5/97 Aug, 22 10:00 a.m. Authority #7/97 I SEPTEMBER 1997 I TIME I DESCRIPTION I Sept, 5 10:00 a,m, Executive #7/97 Sept. 5 8:30 a,m, F&A #4/97 Sept. 12 10:00 a.m. C&RLM #5/97 Sept. 19 10:00 a.m. W &RLM #6/97 SePt. 26 10:00 a,m. Authority #8/97 Authority Meeting #9/96, October 25, 1996 A270 -'4 - THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 1997-1998 I OCTOBER 1997 I TIME I DESCRIPTION I Oct, 10 10:00 a.m. C&RLM #6/97 Oct.17 10:00 a.m, Executive #8/97 Oct,24 10:00 a.m. W &RLM #7/97 Oct.31 10:00 a.m. Authority #9/96 I NOVEMBER 1997 I TIME I DESCRIPTION I Nov.7 10:00 a,m, C&RLM #7/97 Nov, 14 9:00 a.m. F&A # 5/97 Nov. 1 4 10:00 a,m. Executive #9/97 Nov. 21 10:00 a.m, W &RLM #8/97 Nov,28 10:00 a.m. Authority # 10/97 I DECEMBER 1997 I TIME I DESCRIPTION I Dec, 12 10:00 a.m. Executive # 1 0/97 Dec, 19 10:00 a,m. Authority #11/97 I JANUARY 1998 I TIME I DESCRIPTION I Jan,9 10:00 a.m, C&RLM #8/97 Jan,16 9:00 a,m. F&A #6/97 Jan,16 10:00 a.m. Executive # 11/97 Jan.23 10:00 a.m. W &RLM #9/97 Jan.30 10:00 a.m, Authority # 12/97 A271 Authority Meeting #9/96, October 25, 1996 - 5 - THE METROPOLITAN TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 1997-1998 I FEBRUARY 1998 I TIME I DESCRIPTION I Feb,13 10:00 aom, Executive #12/97 Feb. 20 10:00 a.m. Annual Authoritv # 1/98 Legend: Authority (Authority) Executive Committee (Executive) Finance and Administration Advisory Board (F&A) Conservation and Related Land Management Advisory Board (C&RLM) Water and Related Land Management Advisory Board (W&RLM) RES #A 1 87/96- SALE OF SURPLUS AUTHORITY-OWNED LANDS East side of Islington Avenue, South of Rutherford Road, City of Vaughan, Regional Municipality of York 1, Sale to Blackplate Investments Inc. 2. Sale to Father Claudio Moser, In Trust, Franciscan Brothers Status report on progress toward for the completion of land sales in the vicinity of Islington Avenue and Rutherford Road.CFN #27612B (Executive Committee Res, #B 134/96) Moved by: Victoria Carley Seconded by: Norman Kelly THAT the staff report dated September 27, 1996, relating to the status of processing the sale of surplus Authority-owned tablelands, situate on the east side of Islington Avenue, south of Rutherford Road, City of Vaughan, The Regional Municipality of York, be received. . . . . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , 0 0 , 0 0 0 0 0 . . 0 . . 0 0 . 0 . 0 0 0 0 0 0 0 0 0 0 0 CARRIED Authority Meeting #9/96, October 25, 1996 A272 RES #A 188/96- REGIONAL MUNICIPALITY OF PEEL Receipt of a request from the Regional Municipality of Peel to provide a permanent easement for a proposed water main and storm sewer outlet and an existing sanitary sewer, located north of King Road, in the Bolton Area, Town of Caledon, Regional Municipality of Peel. CFN 28198. (Executive Committee Res. #B 135/96) Moved by: Victoria Carley Seconded by: Norman Kelly THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Regional Municipality of Peel to provide a permanent easement for 8 proposed water main and storm sewer outlet and an existing sanitary sewer, located north of King Road, in the Bolton Area, Town of Caledon, Regional Municipality of Peel; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the Regional Municipality of Peel in this instance; THAT a permanent easement containing 0.049 hectares, more or less, (0.121 acres) be granted to the Regional Municipality of Peel for a proposed water main and storm sewer outlet and an existing sanitary sewer, said land being Part of Lots 21 and 184, Block 1, on a Plan of the Village of Bolton referred to as Plan Bol-7, Town of Caledon, Regional Municipality of Peel, designated as Part 1 on a Plan of Survey prepared by Marshall Macklin Monaghan Ontario Limited as their Drawing Number 20-96-174-000; THAT consideration is to be $2.00 plus all legal, survey and other costs; THAT said easement is subject to obtaining approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A273 Authority Meeting #9/96, October 25, 1996 RES #A 189/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT 1996-2000 Flood Plain and Conservation Component Duffins Creek Watershed 1121687 Ontario Limited CFN 27461, Purchase of property located west of Brock Road, Hamlet of Claremont, in the Town of Pickering, under the "Greenspace Protection and Acquisition Project 1996- 2000" Flood Plain and Conservation Component, Duffins Creek Watershed. (Executive Committe RES, #B136/96) Moved by: Victoria Carley Seconded by: Norman Kelly THA T 2.033 acres, more or less, be purchased from 1121687 Ontario Limited, said land consisting of an irregular shaped parcel of land being Part Lot 18, Concession 9, and Part of the Road Allowance between Lots 18 and 19, Concession 9, Town of Pickering, Regional Municipality of Durham; THAT the purchase price be $2.00; THAT the Authority receive conveyance of the land required free from encumbrances, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #9/96, October 25, 1996 A274 RES #4190/96- SALE OF LAND/VICINITY OF 20 PINEWAY BOULEVARD City of North York, Takvor Hopyan,CFN 27895 Receipt of a request from The Metropolitan Toronto Encroachment Review Committee to explore the possibility of a sale of a small fragment of tableland. (Executive Committee Res. #B137/96) Moved by: Victoria Carley Seconded by: Norman Kelly WHEREAS The Metropolitan Toronto and Region Conservation Authority, is in receipt of a request from The Municipality of Metropolitan Toronto Encroachment Review Committee, to proceed with a sale of a small fragment of Authority-owned tableland, situate adjacent to 20 Pineway Boulevard, in the City of North York. in The Municipality of Metropolitan Toronto; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act. to complete a sale to Takvor Hopyan in this instance; THA T a small fragment of Authority-owned tableland containing 0.007 acres, more or less. be sold to Takvor Hopyan, said land being Part of Lot 1. Registered Plan MX-10. City of North York, Municipality of Metropolitan Toronto; THAT the Authority request the approval of The Minister of Natural Resources to complete the sale of the subject land on the following terms and conditions: (a) The sale price is to be the sum of $1.590; (b) Takvor Hopyan are to pay the costs for legal and survey and must obtain the approval of the Land Division Committee of the City of North York; Ic) Completion of this sale will be subject to any Planning Act approvals that may be required for the severance. Any additional planning approvals which the purchaser may desire, or the municipality requires, will be at the expense of the purchaser; (d) The transaction is to be completed at the earliest possible date with payment in full. being made to the Authority on closing. THAT the sale be subject to the approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act. R.S.O. 1990, Chapter C.27, as amended; AND FURTHER THAT appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents, . . . . . . . . . . . . . . .. CARRIED A275 Authority Meeting #9/96, October 25, 1996 RES #A191/96- SECTION II - ITEMS FOR AUTHORTIY INFORMATION Moved by: Victoria Carley Seconded by: Norman Kelly THAT Section II, of Executive Committe Minutes #9/96, held October 25, 1996, be received and approved, with the exception of 7.13 Applications for Permits Pursuant to Ontario Regulation 158. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A 192/96 - SECTION II - ITEMS FOR AUTHORTIY INFORMATION 7,13 Applications for Permits Pursuant to Ontario Regulation 158. Moved by: Victoria Carley Seconded by: Richard Whitehead THAT Item 7.13 - Applications for Permits Pursuant to Ontario Regulation 158, of Executive Committe Minutes #9/96, held October 25, 1996, be received and approved. ... CARRIED Section II items include: Don Valley Brick Works Regeneration Project ( Executive Committee Res. #B 138/96) Request to Review Legal Representation (Executive Committee Res, #B139/96) Greenspace Protection and Acquisition Project, 1996-200, Lake Ontario Waterfront Regeneration Project in the Municipality of Metropolitan Toronto (Executive Committee Res. #B140/96) Don Valley Brick Works Regeneration Project - (Executive Committee Res. #B141 /96) The Project for Flood Protection, Dixie/Dundas Flood Control Project, Little Etobicoke Creek - Regional Municipality of Peel - (Executive Committee Res. #B 142/96) Don Valley Brick Works Regeneration Project - (Executive Committee Res. #B 143/96) Highland Creek Floodline Mapping - (Executive Committee Res. #B 144/96) Lake Ontario Waterfront Regeneration Project 1995-1999 in The Municipality of Metropolitan Toronto - (Executive Committee Res. #B 145/96) Applications for Permits Pursuant to Ontario Regulation 158 - (Executive Committee Res, #B146/96 - #B147/96) The Bedford Grove - Scattering of Ashes - (Executive Committee Res, #B 148/96) Authority Meeting #9/96, October 25, 1996 A276 RES #4193/96- 1997 PROPOSED PUBLIC FACILITY FEE SCHEDULE Establishment of the 1997 fee schedule for public use of Authority facilities and programs, (F&A Res. #F17/96) (See also Authority Res. #A212/96) Moved by: Michael Di Biase Seconded by: Jim McMaster THA T the 1997 Fee Schedule, dated September 9, 1996 (FA.3/96), for admission to, and use of, the Authority's facilities and programs, to be effective January, 1997, be approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #4194/96- RECORDS RETENTION SCHEDULE AND POLICY - REVISIONS Report recommending revisions to the Authority's Records Retention Schedule and Policy.(F&A Res. #F18/96) Moved by: Donna Patterson Seconded by: Norman Kelly THAT the revised Records Retention Schedule and Policy, dated September 4, 1996, be approved. .................................................. CARRIED A277 Authority Meeting #9/96, October 25, 1996 RES #A 195/96 - 1997-1999 BUSINESS PLAN AND 1997 PRELIMINARY ESTIMATES Presentation of the Authority's 1997-1999 Business Plan and 1997 Preliminary Estimates (F&A Res. #F20/96, Executive Committee Res. #B131/96) Moved by: Joan King Seconded by: Brian Harrison THAT the presentation on the 1997-1999 Business Plan and 1997 Preliminary Estimates be received; THA T the 1997-1999 Business Plan and 1997 Preliminary Estimates be referred to the Authority for consideration on October 25th, 1996; AND FURTHER THAT representatives of the Authority and staff meet with officials of the Authority's municipal funding partners to present and discuss the 1997-1999 Business Plan and 1997 Preliminary Estimates prior to submission of the 1997 Budget. . . . . .. CARRIED RES #A 196/96 - ANGUS REID REPORT The Don watershed survey on public perceptions, attitudes and stewardship. (Executive Committee Res, #D54/96) Moved by: Gerri Lyn O'Connor Seconded by: Lorna Bissell THAT the Don watershed survey on public perceptions, attitudes and stewardship within the Don Watershed be forwarded to its member municipalities concurrently with the publishing of the Don Watershed Report Card; THA T the Don Watershed Regeneration Council be encouraged to use the information contained within the report in the subsequent development of its 1997 work plan; THAT staff be directed to utilize the information incorporated in the report in the development of corporate and Don Watershed communications; AND FURTHER THAT consideration be given similar surveys to tailor communications and programs for other watersheds and throughout the Authority's area of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #9/96, October 25, 1996 A278 RES #A197/96 - LAKE ONTARIO WATERFRONT REGENERATION PROJECT 1996 THE REGIONAL MUNICIPALITY OF DURHAM Approval of the Lake Ontario Waterfront Regeneration Project 1996 for the continuation of waterfront regeneration activities within the Regional Municipality of Durham, (W&RLM Res. #055/96) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THA T the Lake Ontario Waterfront Regeneration Project 1996 in the Regional Municipality of Durham be approved; THAT the appropriate Authority officials be authorized to take whatever action is required in connection with the project, including the execution of any documents; AND FURTHER THAT the Regional Municipality of Durham and the Towns of Ajax and Pickering be so advised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. CARRIED RES, #A 198/96 - TOWN OF CALEDON AGREEMENT Mayfield West Natural Features Study MTRCA staff have undertaken an inventory and evaluation of the natural features within the Mayfield West area and prepared an Existing Conditions Report with accompanying GIS products for the Town of Caledon. (W&RLM Res. #056/96) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THAT the staff report, dated October 10, 1996, regarding the Mayfield West Natural Features Study agreement with the Town of Caledon be received for information. CARRIED A279 Authority Meeting #9/96, October 25, 1996 RES #A199/96 - ONTARIO STREAMS INITIATIVE Palgrave Dam Fish Habitat Restoration Project (W&RLM Res. #057/96) Moved by: Victoria Carley Seconded by: Richard Whitehead THAT the staff report, dated October 10, 1996, regarding the Palgrave Dam Fish Habitat Restoration Project be received for information; THAT staff be directed to acknowledge receipt of the Town of Caledon's resolution and continue to work with Ontario Streams and the partners to explore alternatives; AND FURTHER THAT staff report back to the Authority. . . . . . . . . . . . . . . . . .. CARRIED RES #A200/96 - JULY 1996 FLOOD Saguenay-Lac-St-Jean Region, Province of Quebec Review of the Quebec flood and consequences of a similar flood within the MTRCA. (W&RLM Res. #058/96) Moved by: Victoria Carley Seconded by: Paul Raina THAT the staff report, dated October 10, 1996, on the 1996 Quebec Flood be received. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . , . . . . . . . . .. CARRIED Authority Meeting #9/96, October 25, 1996 A280 RES #A201/96 - INTEGRATED SHORELINE MANAGEMENT PLAN Tommy Thompson Park to Frenchman's Bay To act on the recommendations from the ISMP Steering Committee for the Integrated Shoreline Management Plan. (W&RLM Res. #059/96) Moved by: Victoria Carley Seconded by: Lois Hancey THAT the Integrated Shoreline Management Plan "Tommy Thompson Park to Frenchman's Bay - MANAGEMENT STRATEGIES. be received; THAT staff be directed to present the ISMP to the councils of the waterfront municipalities within the study area for their review and comment; THAT the MTRCA investigate with the waterfront municipalities and interested agencies the need, terms of reference, and membership, for a Waterfront Council to assist in the management of the shoreline; THAT staff be directed to report back to the Water and Related Land Management Advisory Board upon completion of the municipal review; THA T MTRCA staff be directed to work with all shoreline management partners to implement the six concept sites subject to all necessary planning and funding approvals. THAT through the municipal review process, an outline of interested community groups be identified; AND FURTHER THAT the Authority invite the involvement of these groups and that staff stress the need for financial support as part of community involvement. AMENDMENT RES #A202/96 Moved by: Eldred King Seconded by: Randy Barber THAT staff be directed to report on the status of previous proposals for a marina at East Point, Park. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED THE MAIN MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . CARRIED A281 Authority Meeting #9/96, October 25, 1996 RES #A203/96 - ETOBICOKE CREEK WATERSHED STUDY Phase 1 Hydrology/Stormwater Management Criteria Adoption of revised Hydrology and Storm water Management Strategy for the Etobicoke Creek. (W&RLM Res. #061/96) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THAT the Etobicoke Creek Watershed Study, Phase 1, for the Hydrology and Stormwater Management Criteria for the Etobicoke Creek Watershed be received; THAT the recommendations of the study for managing stormwater related to minimizing flood risk on the Etobicoke Creek be adopted as the criteria for dealing with the need for stormwater control on future development and that a first flush control for the 25 mm rainfall over a minimum of a 24 hour period be adopted as the minimum criteria to address erosion and water quality concerns within the Etobicoke Creek Watershed. AND FURTHER THAT each of the municipalities within the Etobicoke Creek Watershed be requested to endorse the study recommendations. . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A204/96 - DUFFINS CREEK WATERSHED STUDY Phase 1 Hydrology/Stormwater Management Criteria Adoption of revised Hydrology and Storm water Management Strategy for the Duffins Creek. (W &RLM #062/96) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THAT the Duffins Creek Watershed Study, Phase 1, for the Hydrology and Stormwater Criteria for the Duffins Creek watershed be received; AND FURTHER THAT the recommendations of the report for a Stormwater Management Strategy for Flood Control on the Duffins Creek be adopted as the criteria for dealing with the need for stormwater control on future development and that a first flush control for the 25 mm rainfall over a minimum of a 24 hour period be adopted as a minimum to address erosion and water quality concerns. ................................ CARRIED Authority Meeting #9/96, October 25, 1996 A282 RES #A205/96 - APPOINTMENT OF MEMBERS TO THE DON WATERSHED REGENERATION COUNCIL The appointment of members to the Don Watershed Regeneration Council. (W&RLM Res. #063/96) Moved by: Gerri Lyn O'Connor Seconded by: Lorna Bissell THAT in accordance with recommendations received from the Don Watershed Regeneration Council that Mr. Yuk Woo Lee be appointed to the Don Watershed Regeneration Council; THAT the resignation of Mr. Jason Brown be received; AND FURTHER THAT Mr. John Wilson be appointed as an Associate Member of the Don Watershed Regeneration Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A206/96 - DON WATERSHED REGENERATION COUNCIL The minutes of Meeting #5/96 of August 22, 1996 and Meeting #6/96 of September 26, 1996, of the Don Watershed Regeneration Council are provided for information. (W&RLM Res. #064/95) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THA T the minutes of the Don Watershed Regeneration Council, Meeting #5/96 held August 22, 1996, and Meeting #6/96 held September 26, 1996, be received. . . . . . . .. CARRIED A283 Authority Meeting #9/96, October 25, 1996 RES #A207/96 - REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK (March 1993) Waterfront Public Amenity Area Plan. To approve the Etobicoke Motel Strip Waterfront Public Amenity Area Plan and provide direction to proceed with obtaining agency approvals. (W&RLM #065/96) Moved by: Gerrj Lynn O'Connor Seconded by: Lorna Bissell THAT the staff report dated October 10, 1996 on the Etobicoke Motel Strip Waterfront Public Amenity Study be received; THAT the Etobicoke Motel Strip Waterfront Public Amenity Area Plan be approved, subject to approval of The Municipality of Metropolitan Toronto and the City of Etobicoke; THAT the Etobicoke Motel Strip Waterfront Public Amenity Area Plan be submitted to the Minister of the Environment and Energy for approval in accordance with Ontario Regulation No. 765/94 and Notice of Extension of Exemption Order MTRCA-2 (December 12, 1995); THA T the Etobicoke Motel Strip Waterfront Public Amenity Area Plan be submitted to the City of Etobicoke for approval and incorporation into the approved Secondary Plan (C-65-86) as set out in Policy Section 15.11.3. AND FURTHER THAT the Province of Ontario, The Municipality of Metropolitan Toronto, the City of Etobicoke, the Waterfront Regeneration Trust, and members of the Consultative Committee be so advised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #9/96, October 25, 1996 A284 RES #A208/96 - MINISTRY OF NATURAL RESOURCES MAPLE DISTRICT OFFICE LANDS, SOUTH OF TESTON ROAD, EAST OF DUFFERIN STREET, CITY OF VAUGHAN Proposal by the Province of Ontario to dispose of the former Ministry of Natural Resources, Maple District office and associated 120 acres of land, Dufferin Street, City of Vaughan, including environmentally significant areas of interest to the Authority, in the Don River Watershed. (W&RLM Res. #066/96) Moved by: Gerri Lynn O'Connor Seconded by: Lorna Bissell THAT Regional Councillor Michael Di Biase, be appointed as the Authority's member to the Ministry of Natural Resources Lands Task Force established by the City of Vaughan; THAT Craig Mather, Chief Administrative Officer, The Metropolitan Toronto and Region Conservation Authority be Mr. Di Biase's alternate; THAT the Authority receive and endorse the recommendations of Meeting #1/96 of the Ministry of Natural Resources Lands Task Force; THA T the Chief Administrative Officer be directed to advise the Ontario Realty Corporation of the Authority's support of the recommendation of the Ministry of Natural Resources Lands Task Force which requests an extension of time to March 31, 1997 to determine which lands should be retained in public ownership as important environmental and open space resources within the Don River watershed. AND FURTHER THAT staff report to the Authority on any future plans related to the disposition of the Maple Ministry of Natural Resources lands. . . . . . . . . . . . . .. CARRIED A285 Authority Meeting #9/96, October 25, 1996 RES #A209/96- USE OF METAL DETECTORS IN CONSERVATION AREAS- PERMITS Elimination of the requirement for a special permit to use a metal detector in a Conservation Area. (C&RLM Res. #C22/96) Moved by: Lorna Bissell Seconded by: Richard Whitehead THAT Conservation and Related Land Management Advisory Board Resolution #7, approved on June 27, 1984, be rescinded; AND FURTHER THAT the use of metal detectors in Conservation Areas be permitted subject to such operational guidelines as deemed appropriate by Authority staff. . . . . .. CARRIED AMENDMENT RES #A210/96 Moved by: Eldred King Seconded by: Michael Di Biase THA T metal detectors not be permitted in conservation areas. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . .. NOT CARRIED THE MAIN MOTION WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #9/96, October 25, 1996 A286 RES #A211/96- CLAIREVILLE CONSERVATION AREA. Call for proposals to develop public uses in the Claireville Conservation Area south of Steeles Avenue. (C&RLM Res. #C23/96) Moved by Brian Harrison Seconded by: Donna Patterson THAT the staff report on the public use proposals for the Claireville Conservation Area south of Steeles Avenue be received; THAT staff be directed to continue to work with Wild Water Kingdom and the proponents of the Pitch and Putt, Golf Dome and Monson Design Build proposals and apply the Phase I concept review process of the Strategy for Public Use of Conservation Authority lands (1995) when evaluating the concepts; THA T staff be directed to consult with other agencies, interest groups and the public to get input regarding the suitability of the proposed public use concepts; AND FURTHER THAT the results of the Phase I - Concept Review of the development proposals within the Claireville Conservation Area, south of Steeles Avenue, be reported to the Conservation and Related Land Management Advisory Board. . . . . . . . . . .. CARRIED RES #A212/96 - 1997 PROPOSED PUBLIC FACILITY FEE SCHEDULE Establishment of the 1997 fee schedule for public use of Authority facilities and programs. (C&RLM Res. #C24/96) (See also Authority Res. #A 193/96) Moved by: Brian Harrison Seconded by: Donna Patterson THAT the 1997 Fee Schedule, dated September 9, 1996, (CR.1/96) for admission to, and use of, the Authority's facilities and programs, to be effective January, 1997, be approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A287 Authority Meeting #9/96, October 25, 1996 TERMINATION ON MOTION, the meeting terminated at 11: 15 a.m. on October 25, 1996. Richard O'Brien J. Craig Mather Chair Secretary- Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #10/96 Page A2aa November 22, 1996 Meeting #10/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, November 22, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:10 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice Chair Frank McKechnie .............................................. Member Jim McMaster ................................................ Member Richard O'Brien ................................................. Chair Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword ............................................... Member Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS lIa Bossons .................................................. Member Raymond Cho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King .................................................. Member Joan King ................................................... Member Gerri Lynn O'Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Ootes .................................................. Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.' Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member A289 Authority Meeting #10/96, November 22, 1996 RES. #A213/96 - MINUTES Moved by: Bev Salmon Seconded by: Maria Augimeri THAT the minutes of Meeting #9/96, held October 25, 1996, be approved. . . .. CARRIED PRESENT A TION (a) Mr. Jim Keenan, President of The Conservation Foundation of Greater Toronto, discussed the evolution of the role of the Foundation. Key points included focusing on methods for securing operating funds and the organizational arrangement of the Foundation in the coming year. RES #A214/96- PRESENTATION Moved by: Deborah Sword Seconded by: Patrick Abtan THAT the above presentation (a) be received. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A215/96- MOTION OF CONDOLENCES Moved by: Richard O'Brien Seconded by: Lois Hancey "'WHEREAS the Members and staff of The Metropolitan Toronto and Region Conservation Authority are saddened to learn of the passing of Mr. Alfred Cowling on Monday, November 18, 1996; and WHEREAS Mr. Cowling has a long history on conservation related issues, having served as a member from 1954 to 1977, first with the Humber Authority and as an active member of The Metropolitan Toronto and Region Conservation Authority; THEREFORE BE IT RESOLVED THAT the Authority convey on behalf of the members and staff of The Metropolitan Toronto and Region Conservation Authority an expression of sympathy to his wife, Mrs. Betty Cowling, and to the Cowling family.- . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A290 RES #A216/96- MOTION OF CONDOLENCES Moved by: Richard O'Brien Seconded by: Lois Hancey "'WHEREAS the Members and staff of The Metropolitan Toronto and Region Conservation Authority are saddened to learn of the passing of Mr. Fred L. Lunn on Tuesday, November 19, 1996; and WHEREAS Mr. Lunn was appointed the first Secretary-Treasurer of the Etobicoke-Mimico Conservation Authority in 1949; which amalgamated to form The Metropolitan Toronto and Region Conservation Authority; for which Mr. Lunn served as Secretary-Treasurer from 1957, until his retirement in 1976; THEREFORE BE IT RESOLVED THAT the Authority on behalf of the Members and staff of The Metropolitan Toronto and Region Conservation Authority convey an expression of sympathy to his wife, Mrs. Mary Lunn, and to the Lunn family.- . . . . . . . . . . .. CARRIED RES #A217/96- MOTION OF CONDOLENCES Moved by: Richard O'Brien Seconded by: Lois Hancey "'WHEREAS the Members and staff of The Metropolitan Toronto and Region Conservation Authority are saddened to learn of the tragic death of Mr. George Alton Roy Granger on Monday, November 4, 1996; and WHEREAS Mr. Granger was the brother of the previous Chair of The Metropolitan Toronto and Region Conservation Authority, Mr. William B. Granger; THEREFORE BE IT RESOLVED THAT the Authority on behalf of the Members and staff of The Metropolitan Toronto and Region Conservation Authority convey an expression of sympathy to Mr. William Granger and to the Granger family.- . . . . . . . . . . . . .. CARRIED A291 Authority Meeting #10/96, November 22, 1996 RES #A218/96- MOTION OF CONDOLENCES Moved by: Richard O'Brien Seconded by: Frank McKechnie "'WHEREAS the Members and staff of The Metropolitan Toronto and Region Conservation Authority are saddened to learn of the passing of Mr. Henry Edward (Hank) Oyler on November 21, 1996; and WHEREAS Mr. Henry Oyler was the father of Mr. Peter E. Oyler, a former Member of The Metropolitan Toronto and Region Conservation Authority; THEREFORE BE IT RESOLVED THAT the Authority on behalf of the Members and staff of The Metropolitan Toronto and Region Conservation Authority convey an expression of sympathy to his wife, Mrs. Klara Oyler, and the Oyler family.- . . . . . . . . . . . . .. CARRIED RES #A219/96- SALE OF SURPLUS AUTHORITY -OWNED LANDS East side of Islington Avenue, South of Rutherford Road, City of Vaughan, CFN #27612C Regional Municipality of York 1. Sale to Islington Woods Development Ltd. ( Formerly known as Blackplate Investments Inc.) 2. Sale to St. Francis Society of Ontario, (Formerly Father Claudio Moser, In Trust) Franciscan Brothers Status report on progress toward for the completion of land sales in the vicinity of Islington Avenue and Rutherford Road, City of Vaughan, Regional Municipality of York. (Executive Committee - Res. #B 151/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT the staff report dated October 30, 1996, relating to the status of processing the sale of surplus Authority-owned tablelands, situate on the east side of Islington Avenue, south of Rutherford Road, City of Vaughan, The Regional Municipality of York, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A292 RES #A220/96- REQUEST FOR CONVEYANCE OF AUTHORITY -OWNED LAND AND BUILDINGS AT THE GUILD INN TO THE MUNICIPALITY OF METROPOLITAN TORONTO Status report on the request from Metropolitan Toronto for conveyance of Authority owned lands and buildings at the Guild Inn. CFN 2264aD (Executive Committee Res. #B152/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT the report on the request of The Municipality of Metropolitan Toronto for conveyance of the Guild Inn lands and buildings dated October 30th, 1996, be received; THAT the proposed conveyance be deferred pending further response from The Municipality of Metropolitan Toronto; AND FURTHER THAT The Mayor of the City of Scarborough be so advised. . . .. CARRIED A293 Authority Meeting #10/96, November 22, 1996 RES #A221 196 - THE CORPORATION OF THE TOWN OF CALEDON Request for a Permanent Easement for a portion of a storm water management facility on the east side of Highway #10, north of Mayfield Road, Town of Caledon. CFN 2a20a (Executive Committee Res. #B 153/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Corporation of the Town of Caledon to provide a parcel of Authority land for construction of a portion of a storm water management facility to assist Valleywood Gardens with their development, in the vicinity of Highway #10 and Mayfield Road, Town of Caledon; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with The Corporation of the Town of Caledon and Valleywood Gardens in this instance; THAT a permanent easement containing 0.262 hectares, more or less, (0.647 acres) be granted to The Corporation of the Town of Caledon for a portion of a storm water management facility and appurtenances to facilitate development, said land being Part of the west half of Lot 20, Concession 1, East of Hurontario Street, Town of Caledon, Regional Municipality of Peel and designated as Part 1 on a Plan of Survey prepared by Anton Kikas Limited under their Job No. 96-06-04; THAT the Authority request the approval of the Minister of Natural Resources to grant an easement across the subject land on the following terms and conditions: (a) The easement price is to be a conveyance to the Authority in fee simple of 0.985 acres, more or less, of flood plain and valley land, being of Part of the east half of Lot 20, Concession 1, East of Hurontario Street, Town of Caledon, Regional Municipality of Peel and designated as Part 1 on a Plan 43R-21684, together with the sum of $5,000., which is to be paid by Valleywood Gardens to the Authority, plus all legal, survey and other costs incurred to complete the transaction; (b) Prior to commencing construction, a full archaeological review is to be prepared to the satisfaction of the Authority's archaeological staff with provision being made for Valleywood Gardens to fund such a study and carry out any resulting work required; (c) All disturbed areas are to be restored to the satisfaction of the Authority as soon as possible after completion of construction; (d) Sediment control measures in a manner satisfactory to the Authority are to be practised during construction; continued.. . Authority Meeting #10/96, November 22, 1996 A294 (e) The Corporation of the Town of Caledon is to be respon~ble for any repairs or maintenance required in the future and for indemnifying the Authority from any and all claims arising from the construction; (f) Any additional considerations as deemed appropriate by the Authority solicitor; THAT said easement is subject to the approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials are authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A222/96- GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Flood Plain Component, Humber River Watershed Nancy Rossiter and Geoff Lund Property, CFN # 11 oao Offer to sell property, located on the west side of Weston Road, south of Sheppard Avenue, in the City of North York. (Executive Committee Res. #B 156/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT Resolution #256 adopted at Authority Meeting #8/91, held on November 29, 1991, be rescinded and the following be approved; THAT 18.472 acres, more or less, consisting of an irregular shaped parcel of vacant land, be purchased from Nancy Rossiter and Geoff Lund, said land being Lot C, Registered Plan 3401, Parts of Lots 13 & 14, Concessions V & VI and part of road allowance between Concession V & VI, City of North York, Municipality of Metropolitan Toronto, fronting on the west side of Weston Road, south of Sheppard Avenue; THAT the purchase price be $250,000.00 inclusive of the vendors' legal costs and consulting fees; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A295 Authority Meeting #10/96, November 22, 1996 RES #A223/96- GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Lake Ontario Waterfront, Pickering/Ajax Sector, Joyce Barber Property,CFN 1204a Purchase of property municipally known as 3041 Lakeview Boulevard, located in the Pickering Beach area of the Town of Ajax, Regional Municipality of Durham. (Executive Committee Res. #B157/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT 0.23 acres, more or less, consisting of a rectangular shaped parcel of land, improved with a brick and wood frame bungalow and a single car garage, be purchased from Joyce Barber, said land being the whole of Lot 24, Plan 250, Town of Ajax, Regional Municipality of Durham, fronting on the south side of Lakeview Boulevard, west of Shoal Point Road; THAT the purchase price be $230,000.00 together with payment of vendor's legal costs; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A296 RES #A224/96- REQUEST FOR PERMANENT EASEMENTS, ROUGE RIVER WATERSHED The Consumers' Gas Company.Ltd., CFN 2a201 Receipt of a request from The Consumers' Gas Company Ltd. for permanent easements across certain Authority owned lands on the east and west sides of Meadowvale Road, north of Sheppard Avenue in the City of Scarborough, Municipality of Metropolitan Toronto. (Executive Committee Res. #B15a/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from The Consumers' Gas Company Ltd. for permanent easements across Authority lands on the east and west sides of Meadowvale Road, in the City of Scarborough to facilitate construction of a gas pipeline; AND WHEREAS it is the opinion of the Authority that it is in the best interest of the Authority in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to co-operate with The Consumers' Gas Company Ltd. in this instance; THAT permanent easements be granted to The Consumers' Gas Company Ltd. across Authority owned lands containing 0.32 hectares, more or less (0.79 acres) being Parts of Lots 3, 4 and 5, Concession 3 and Part of Road Allowance between Lots 2 and 3, Concession 3, City of Scarborough, Municipality of Metropolitan Toronto; THAT the Authority request approval of the Ministry of Natural Resources to grant the easement across the subject land on the following terms and conditions; (a) The ~asement price is to be the sum of $5,000.00; (b) The Consumers' Gas Company Ltd. is to pay all Authority legal, appraisal, survey and other costs incurred to complete the transaction; , (c) Prior to commencing construction, a full archaeological review is to be carried out to the satisfaction of the Authority's archaeological staff; (d) All construction is to be carried out in accordance with plans to be approved by the Authority's technical staff and all permits required under Ontario Regulation 158 are to be issued prior to commencing construction; (f) The Consumers' Gas Company Ltd. is to fully indemnify and absolve the Authority, from any and all claims of any nature resulting in any way from the granting of the easement or the carrying out of construction; (g) Any additional concerns as are deemed appropriate by the Authority's solicitors; continued.. . A297 Authority Meeting #10/96, November 22, 1996 THAT the said easement be subject to approval of the Minister of Natural Resources in accordance with Section 21(2) of The Conservation Authorities.Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto including the obtaining of any necessary approvals and the execution of any documents. . . . . . . . . . . . . . . .. CARRIED RES #A225/96- FRENCHMAN'S BAY - WEST ROUGE CANOE CLUB To extend the agreement with the West Rouge Canoe Club on a temporary basis from November 1, 1996 to October 31, 1997 for the existing location on the west spit of Frenchman's Bay. (Executive Committee Res. #B 159/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT the request to extend the temporary licence agreement with the West Rouge Canoe Club for a paddling facility on Frenchman's Bay for the period from November 1, 1996 to October 31, 1997 be approved; THAT the Council of the Town of Pickering be requested to concur with the extension to the temporary lease agreement; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action is required in connection with the establishment of the West Rouge Canoe Club paddling facility, including the development and execution of appropriate documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A298 RES #A226/96- MITIGATION OF TWO INSTREAM BARRIERS TO FISH PASSAGE IN THE DON RIVER WATERSHED Supply and delivery of quarry and field stone for construction of two instream barriers for fish passage in the Don River at Pottery Road, Borough of East York. (Executive Committee Res. #B160/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT the supply and delivery of 2-5 tonne armourstone be awarded to J.C. Rock Limited at the unit cost of $26.00 per tonne up to a total cost of $31,200. (excluding G.S.T.); AND FURTHER THAT the supply and delivery of 1.0 metre dia, field stone be awarded to Nelson Aggregates at the unit cost of $31.00 per tonne up to a total cost of $31,000 (excluding G.S.T.). .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A227/96- PALGRAVE MILL POND Earlier this month, Ontario Streams, a non-profit organization, held a public meeting on a project to investigate alternatives to restore fish habitat in the vicinity of the Palgrave Dam and Mill Pond. At this meeting, residents raised several questions about the property and their management by the Authority. (Executive Committee Res. #B161/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto THAT the staff report, dated October 23, 1996, on the Palgrave Mill Pond be received for information; THAT Authority staff be directed to continue to provide input to the Ontario Streams project and provide technical support to the Community Focus Group; THAT Authority staff be directed to review the Phase I report and assess how it has addressed the goals and objectives of the project, the Authority's interests, and the residents' concerns, and report back to the Authority; AND FURTHER THAT a copy of this report be presented to Ontario Streams and the Community Focus Group for information. . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A299 Authority Meeting #10/96, November 22, 1996 RES #A228/96- REGION OF PEEL OFFICIAL PLAN - STATUS OF PLAN APPROVAL Receipt of the notice of approval of the Official Plan for The Regional Municipality of Peel by the Minister of Municipal Affairs and Housing and the identification of outstanding issues affecting the policies and programs of the Authority.( Executive Committee Res. #B162/96, #B 163/96) Moved by: Richard Whitehead Seconded by: Enrico Pistritto WHEREAS the Regional Greenlands System in the Region of Peel comprises those natural resource features, landforms and functions of primary concern to the achievement of Authority policies and programs; and WHEREAS the Region of Peel has supported in policy the protection of the Regional Greenlands System in cooperation with the Authority; and WHEREAS the Region of Peel, in attempting to resolve an issue related to Aggregate Resource extraction, removed the mapping of the Greenlands System from the Regional Official Plan because it was not specific, but conceptual; and WHEREAS it has been the Authority's position that the mapping of the Greenlands System should reflect all valley and stream corridors, environmental resources and lands prone to natural hazard, where known; THEREFORE, BE IT RESOLVED THAT the Authority strongly urges the Region to reinstate mapping in the Official Plan to identify the Greenlands System and that Authority staff be directed to provide assistance to the Region in the preparation of this mapping; THAT Authority staff continue to work with staff of the Region of Peel, with respect to the technical amendments required to the Plan to those areas affecting Authority policy and program interests. AND FURTHER THAT Authority staff be directed to initiate an appeal with the Ontario Municipal Board to the Official Plan for the Region of Peel, to secure the addition of a Greenlands Schedule within the plan, and to join with the Region of Peel in appealing the imposition by the Minister, of a schedule identifying aggregate resource areas, in so far as it may conflict with the Greenlands System and other environmental resource areas as defined in the Regional Official Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A300 RES #A229/96- SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Lorna Bissell THAT Section II, of Executive Committee Minutes #10/96, held November 8, 1996, be received and approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Section II items include: Partnership Memorandum for Municipal Plan Review (Executive Committee Res. #B 164/96) Wild Water Kingdom (Executive Committee Res. #B165/96) Don Watershed Strategy (Executive Committee Res. #B166/96) Applications for Permits Pursuant to Ontario Regulation 15a (Executive Committee Res. #B167/96 & #B16a/96) Accounts Receivable Status Report (Executive Committee Res. #B 169/96) Approval of Accounts (Executive Committee Res. #B170/96) RES #A230/96- PREFERRED GAME SUPPLIER Selection of a preferred games supplier for Authority properties. (C&RLM Res. #C2a/96) Moved by: Margaret Black Seconded by: Donna Patterson THAT Kloda Productions be the Authority's preferred games supplier for the 1997 calender year; AND FURTHER THAT staff be authorized to enter into an agreement with Kloda Productions to formalize this arrangement. .................................... CARRIED A301 Authority Meeting #10/96, November 22, 1996 RES #A231 196 - EXPRESSION OF INTEREST Campground Development and Operation Approval to pursue expressions of interest for the development and operation of a campground at Greenwood Conservation Area and for the operation of Indian Line Campground. (C&RLM Res. #C29/96) Moved by: Margaret Black Seconded by: Donna Patterson THAT staff be authorized to solicit expressions of interest from private operators for the development and operation of a campground at Greenwood Conservation Area and for the operation of Indian line Campground; AND FURTHER THAT staff report back to the Conservation and Related Land Management Advisory Board once responses have been received with a recommendation for further action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A232/96- CLAIREVILLE CONSERVATION AREA MANAGEMENT PLAN Endorsement of the working Terms of Reference for the preparation of the Claireville Conservation Area Management Plan. (C&RLM Res. #C30/96) Moved by: Margaret Black Seconded by: Donna Patterson THAT the working Terms of Reference for the Claireville Conservation Area Management Plan, dated October 11, 1996, as appended be approved; AND FURTHER THAT any additional comments received before November 22, 1996 from the Technical Advisory Committee, or others, be incorporated into the working Terms of Reference, where appropriate, and that staff bring any substantive changes to the attention of the Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #10/96, November 22, 1996 A302 RES #A233/96- BLACK CREEK PIONEER VILLAGE The renovation of the outdoor patio adjacent to the Visitors' Centre to increase food revenues at Black Creek Pioneer Village (BCPV). (C&RLM Res. #C34/96) Moved by: Margaret Black Seconded by: Donna Patterson THAT staff proceed with patio renovations at Black Creek Pioneer Village a cost not to exceed $74,500; and THAT reserves be used for these expenditures; AND FURTHER THAT staff continue to seek a sponsor for the patio, as part of the Black Creek Pioneer Village capital campaign, to offset this capital cost. ........... CARRIED RES #A234/96- SECTION IV - INFORMATION ITEMS Conservation and Related Land Management Advisory Board Minutes #7/96, held November 1, 1996 Moved by: Michael Di Biase Seconded by: Margaret Black THAT the Section IV Items of the Conservation and Related Land Management Advisory Board Meeting #7/96, held November 1, 1996, be received and approved. ..... CARRIED For Authority information: Forest Management on MTRCA Lands (C&RLM Res. #C31/96) Bayview Avenue Extension and Upgrading (C&RLM Res. #C32/96) A303 Authority Meeting #10/96, November 22, 1996 NEW BUSINESS RES #A235/96 - COMMITTEE OF THE WHOLE Moved by: Richard Whitehead Seconded by: Donna Patterson THAT the Board move into closed session to discuss the Membership Appointment of Navin Chandaria to The Conservation Foundation of Greater Toronto. ............. CARRIED RES #A236/96- ARISE FROM COMMITTEE OF THE WHOLE Moved by: Enrico Pistritto Seconded by: Richard Whitehead THA T the Board arise from closed session; AND FURTHER THAT the Membership Appointment of Navin Chandaria, to The Conservation Foundation of Greater Toronto, be referred to the Executive Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED The following statement was presented to the Authority by Metro Councillor for Black Creek, Maria Augimeri: "Mr. Chairman, at the outset of the last meeting of the Conservation and Related Land Management Advisory Board, I raised an issue, which is of great concern to my community - specifically our neighbours who occupy the homes in the Jane and Steeles area. That issue was, that community members felt that the legal requirement for dissemination of information concerning the sale of surplus M.T.R.C.A. lands is inadequate. It does not meet the needs of communities because the radius of notification is far too restrictive. The issue I wish to raise today, is that with respect to the surplus sale of Jane/Steeles lands to a developer intent on building a six-storied crematorium andlor mausoleum complex is out-of-sync with the wishes of the neighbouring community. With this in mind, the City of North York Council, last Wednesday, adopted a motion to advise the City of Vaughan that both the neighbourhood and the Council are unilaterally against such a development. In this regard, I have written a letter to Vaughan Mayor Lorna Jackson, advising the Mayor of my community's strenuous objections to the proposed redevelopment of the site. I would then respectfully request that M.T.R.C.A. staff review the matter, consult further with the community and take into account the very real and very serious objections of our neighbours." Authority Meeting #10/96, November 22, 1996 A304 MOTION Moved by: Maria Augimeri Seconded by: Bev Salmon THAT Authority staff review the legal requirement of the dissemination of information concerning the sale of Authority-owned lands located at Jane and Steeles Avenues, and consult further with the surrounding community; AND FURTHER THAT Authority staff be aware of the concerns of the neighbouring community of the sale of these lands to a developer intent 0",- building a complex which may be out-of-sync with the wishes of the community. RECORDED VOTE Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lorna Bissell ...... .......... ............... ....... .... . .. .. . . . .. Nay Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Michael Oi Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Frank McKechnie ................................................. Nay Jim McMaster ................................................... Nay Richard O'Brien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Donna Patterson ............................... ... .. . . ... . . .. . . . . Nay Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Bev Salmon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword ... .......... ....... ...... .... . ... ..... .. .. ... .. .. Nay Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay THE MOTION WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOT CARRIED A305 Authority Meeting #10/96, November 22, 1996 TERMINATION ON MOTION, the meeting terminated at 11 :30 a.m. on November 22, 1996. Richard O'Brien J. Craig Mather Chair Secretary- Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #11/96 Page A306 December 20, 1996 Meeting #11/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, December 20, 1996, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:10 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons .................................................. Member Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice Chair Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King .................................................. Member Joan King ................................................... Member Jim McMaster ................................................ Member Richard O'Brien ................................................. Chair Case Ootes .................................................. Member Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Deborah Sword ............................................... Member Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Raymond Cho ................................................ Member Brian Harrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Gerri Lynn O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Frank McKechnie .............................................. Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member A307 Authority Meeting #11/96, December 20, 1996 RES. #A237/96 - MINUTES Moved by: Joan King Seconded by: Victoria Carley THA T the minutes of Meeting #10/96, held November 22, 1996, be approved. . CARRIED PRESENT A TIONS (a) Ms. Madelyn Webb, Humber Watershed Specialist and Mr. Michael Izzard, Chair of the Humber Watershed Task Force presented the final report of "Legacy: A Strategy for a Healthy Humber": See Res. #A261/96, page A331. (b) Ms. Lois Hancey, Vice Chair of the Authority presented Employee Suggestion Awards to the following Authority staff members; Teresa Ennamorato, Greg Rich, Joyce Cave, Moe Berthiaume and John Chennell, see Res. #A239/96, page A30a. RES. #A238/96 - PRESENT A TIONS Moved by: Deborah Sword Seconded by: Patrick Abtan THA T the above presentations (a) and (b) be received. . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #11/96, December 20, 1996 A308 RES. #A239/96- RECOMMENDATIONS FOR EMPLOYEE SUGGESTION AWARDS The recommendations of the Chair and Members of the Recognition and Employee Suggestion Award Sub-Committee for the Employee Suggestion Award System concerning five employee suggestions. Moved by: Lois Hancey Seconded by: Richard Whitehead THAT the following Employee Suggestions be approved; THAT a $200.00 cash award representing 10% of the net revenue generated from her idea to hold a silent auction at the Kortright Centre for Conservation be given to T er8S8 Ennamorato; THAT a $25.00 gift certificate be given to Greg Rich for his suggestion that watershed memorabilia, current works, photos, drawings and awards be displayed in each of the watershed meeting rooms at the head office, e.g, the Humber Room, Don Room, Etobicoke/Mimico Room, the Highland Room and the Duffins Room; THAT a $50..00 gift certificate be given to Joyce Cave for her suggestion and follow- through that the dining and living room curtains at the Albion Hills Field Centre be hand washed in small panels, sewn together again and rehung rather than be replaced at a cost of $4,000. The curtains are too old and fragile for commercial cleaning; THAT a $25.00 gift certificate be given to Moe Berthiaume for his suggestion that the Albion Hills Field Centre convert from electric heat to an oil fired water heat system based on his own domestic system. By 1998 the field centre's heating bill should be reduced by $6,000.00; AND FURTHER THAT a cash award of $100.00 (10% of first year net revenue) be given to John Chennell for his suggestion and development of a site adjacent to the Albion Hills Field Centre for field centre clients who wish to camp out. John retrofitted the site with materials cost of only $100.00. Net revenue for the new venture in 1996 was $1,000.00. Budgeted revenue for 1997 is $2,100.00. . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED BACKGROUND In August of this year, we publicized our rejuvenated Employee Suggestion Award System. An Employee Evaluation Committee was put in place to review and evaluate all suggestions received and to make recommendations to the Recognition and Employee Suggestion Award Sub Committee. To date, we have received thirteen suggestions; five are recommended for awards in this report; one has been returned for additional information; two are being held open in the event that the suggestions or parts of the suggestions are implemented in the next two years; six have been declined because they are not new ideas or because. they are not regarded as implementable. If these awards are approved by the Authority they will be publicized as encouragement to other staff to participate in the program A309 Authority Meeting #11/96, December 20, 1996 FINANCIAL DETAILS The total cost of the awards is $400.00. Cash awards are paid from the revenue initiative. For information contact: Kaye MacDonald, extension 219 Authority Meeting #11/96, December 20, 1996 A310 RES. #A240/96- AUTHORITY GOVERNANCE REVIEW At its meeting #4/96 held on August 23, 1996, the Conservation and Related Land Management Advisory Board made a recommendation to the Executive Committee that a detailed governance review be initiated and staff report back to the Full Authority. (Executive Committee Res. #B 173/96) Moved by: Lorna Bissell Seconded by: Joan King THAT the current governance structure utilizing Advisory Boards and an Executive Committee be retained; THAT there be no major changes to the roles and responsibilities of the Water and Related and the Conservation and Related Land Management Advisory Boards; THAT the Terms of Reference for these Boards should be reviewed by the respective Board and modifications made if required, to ensure they reflect the role of developing programs, recommending strategic directions and monitoring the delivery and outcomes of programs and projects that fall within the responsibilities of each Board; THAT the Water and Related Land Management and the Conservation and Related Land Management Advisory Boards be renamed the Watershed Management Advisory Board and the Public Use Advisory Board respectively; THAT the Finance and Administration Advisory Board's responsibilities be expanded to include business development; THAT the Finance and Administration Advisory Board be renamed the Finance and Business Development Advisory Board and; THAT the Terms of Reference for this Board be reviewed and modified to include this new role; THAT the Evaluation and Review Committee be disbanded and its responsibilities be placed with the Executive Committee. It is also recommended that the Chief Administrative Officer and Chair investigate mechanisms that provide opportunities for the discussion of strategic issues among staff and Members and; THAT the Chief Administrative Officer report back on how the program audit function previously assigned to the Evaluation and Review Committee can be delivered through the Executive Committee; THAT changes to the role and mandate of the Executive Committee resulting from the elimination of the Evaluation and Review Committee, and any changes to the Authority's Rules of Conduct, be brought forward for approval as part of the new governance structure; AND FURTHER THAT a review of the Authority's membership, in accordance with the population figures contained within the Conservation Authorities Act, be deferred until the municipal structure within the GTA is determined. . . . . . . . . . . . . . . . . . . . .. CARRIED A311 Authority Meeting #11/96, December 20, 1996 RES #A241 196 - DON VALLEY BRICKWORKS REGENERATION PROJECT Site Services - Sanitary and Water Award of a contract for sanitary and water site services at the Don Valley Brick Works (Executive Committee Res. #B174/96) Moved by: Lorna Bissell Seconded by: Joan King THAT Tender Opening Sub-Committee Report #45/96 dated November 22, 1996, on the sanitary and water site services work quotations be received; AND FURTHER THAT staff be advised to award the contract for the installation of sanitary and water services at the Don Valley Brickworks site to Drainstar Contracting Ltd. for the amount of $164,532.50 (excluding GST), with a contingency of $35,000 for unknown underground conditions resulting in a total contract cost of $199,532.50 (excluding GST). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES #A242/96- MTRCA 40th ANNIVERSARY ICORPORA TE EVENTS To consider ways of promoting the Authority's 40th Anniversary and to improve corporate events in 1997. (Executive Committee Res. #B175/96) Moved by: Lois Hancey Seconded by: Randy Barber THAT staff be directed to identify sources of funding and incorporate the opening of the "'William Granger Greenway. into a June event; THAT the Service Recognition Awards for members, and gold awards for staff with 25 years, be presented at the Annual Meeting; THAT, in celebration of 40 years of conservation, the Authority offer to plant a tree for each of its member municipalities (local and regional) in front of their City Hall; AND FURTHER THAT arrangements be made to provide an opportunity for the Authority member(s} from each area to assist the MayorlChair with the tree planting. . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A312 RES. #A243/96- THE TOWN OF AJAX Request for permanent easement for a sanitary sewer south of Bayly Street, east of Church Street, Town of Ajax, CFN #22913. Receipt of a request from the Town of Ajax to provide a permanent easement for a sanitary sewer located south of Bayly Street, east of Church Street, Town of Ajax, Duffin Creek Watershed. (Executive Committee Res. #B 176/96) . Moved by: Lorna Bissell Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from the Town of Ajax to provide a permanent easement for a sanitary sewer, to assist in the development of Kennedy House Youth Services Inc. facility, In the vicinity of Bayly Street and Church Street, Town of Ajax; AND WHEREAS it is in the opinion of the Authority that it is in the best interests of the Authority In furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the Town of Ajax in this instance; THAT a permanent easement containing 2.056 acres, more or less, be granted to the Town of Ajax for the proposed sanitary sewer, said land being Part of Lots 13 and 14, Range 3, Broken Front Concession, Town of Ajax, Regional Municipality of Durham; THAT the Authority request approval of the Ministry of Natural Resources to grant the easement across the subject land on the following terms and conditions; (a) The consideration is to be the nominal sum of $2.00 plus all legal, survey and other costs incurred to complete the transaction; (b) Prior to commencing construction, a full archaeological review Including any mitigation measures deemed necessary, is to be carried out, all at the cost of the Town of Ajax, to the satisfaction of the Authority's archaeological staff; (c) All construction is to be carried out in accordance with plans to be approved by the Authority's technical staff and all permits required under Ontario Regulation 158 are to be issued prior to commencing construction; (d) The Town of Ajax is to fully indemnify and absolve the Authority, from any and all claims of any nature resulting in any way from the granting of the easement or the carrying out of construction; (e) Any additional concerns as are deemed appropriate by the Authority's solicitors; continued... A313 Authority Meeting #11/96, December 20, 1996 THAT said easement be subject to the approval of the Minister of Natural Resources in accordance with Section 21(2} of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. . . . . . . .. . . . . . . . . . . . . . . .. CARRIED RES. #A244/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Flood Plain Component, Humber River Watershed Hugh and Janetta Bailey Property, CFN #2a045. Purchase of a partial taking, located on the west side of Weston Road, south of Sheppard Avenue, in the City of North York. (Executive Committee Res. #B177/96) Moved by: Lorna Bissell Seconded by: Joan King THAT 2 acres, more or less, consisting of an irregular shaped parcel of vacant land, being a partial taking from a larger residential holding, be purchased from Hugh and Jenetta BaIley, said land being part of Lot 14, Concessions 5 & 6, west of Yonge Street and part of road allowance between Concessions 5 & 6, City of North York, Municipality of Metropolitan Toronto, fronting on the west side of Weston Road, south of Sheppard Avenue; THAT the purchase price be $51,250.00 inclusive of the vendors' legal costs and the installation of a chain link fence between the property being conveyed and the property being retained; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A314 RES. #A245/96 - ENCROACHMENT AGREEMENT The Municipality of Metropolitan Toronto, 37 Storer Drive, City of North York, CFN# 23050. Request from The Municipality of Metropolitan Toronto to terminate an existing encroachment agreement and enter into a new encroachment agreement relating to the sale of 37 Storer Drive, City of North York. (Executive Committee Res. #B 17a/96) Moved by: Lorna Bissell Seconded by: Joan King THAT the Authority concur with the following action taken by The Municipality of Metropolitan Toronto relating to 37 Storer Drive, City of North York: (1) Terminating the existing encroachment agreement between The Municipality of Metropolitan Toronto and Diane Celotti, the outgoing owner and vendor of the property at 37 Storer Drive, City of North York, subject to the purchaser assuming the obligations under the current encroachment agreement and entering into a new encroachment agreement; (2) Entering into an encroachment agreement with Auday and Samantha Jacques, the purchasers of the property at 37 Storer Drive, City of North York, based on the same or similar terms as the existing encroachment agreement. AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A315 Authority Meeting #11/96, December 20, 1996 RES. #A246/96- REQUEST FOR RELEASE OF EASEMENT TO FLOOD AND SALE OF AUTHORITY OWNED LAND North of Finch Avenue, East of Dufferin Street, City of North York Westside Cemeteries Umited, CFN #2a284. The Authority is in receipt of a request from Westside Cemeteries Umited to release an easement to flood a portion of the cemetery-owned property and to sell a small fragment of land for parking purposes, located north of Finch Avenue, east of Dufferin Street, City of North York, Municipality of Metropolitan Toronto. (Executive Committee Res. #B 179/96) Moved by: Lorna Bissell Seconded by: Joan King THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of a request from Westside Cemeteries Umited to release an easement to flood a portion of the cemetery-owned property and to sell a small fragment of land for parking purposes, located north of Finch A venue, east of Dufferin Street, City of North York, Municipality of Metropolitan Toronto; AND WHEREAS It Is the opinion of the Authority that it is In the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to complete this transaction with Westside Cemeteries limited, in this instance; THAT the Authority release the easement to flood over a parcel of land owned by Westside Cemeteries limited consisting of 0.33 acres of land, being part of Lot 22, Concession 2 West of Yonge Street, and designated as Part 2 on Plan 64R-5861, In the City of North York, Municipality of Metropolitan Toronto; THAT a parcel of Authority-owned land consisting of 0.14 acres, more or less, of land, being part of Lot 22, Concession 2, West of Yonge Street, in the City of North York, Municipality of Metropolitan Toronto, be sold to Westside Cemeteries limited; THAT the Authority request the approval of the Minister of Natural Resources to complete the subject transaction on the following terms and conditions: fa) The consideration for the transaction is as follows; (I) The purchase price is to be $33,000.00; (iil Westside Cemeteries limited will donate $42,000.00 for purchase of other Greenspace lands; continued... Authority Meeting #11/96, December 20, 1996 A316 (iii) Westside Cemeteries Limited will pay $20,000 for planting and landscaping to provide screening for the proposed new structure on the cemetery property ; (iv) Westside Cemeteries Limited will pay an additional $50,000 for planting on Authority lands west of the cemetery; (v) Westside Cemeteries limited will release the Authority from the requirement to provide for removal of excess fill from burials in the cemetery as set out in an Agreement dated December 12, 1966; (vi) Westside Cemeteries limited is responsible for payment of all survey, legal, appraisal and other costs associated with completion of this transaction. (b) The Purchaser acknowledges and will undertake on closing that the TransferlDeed for the Property to be sold by the Authority containing 0.14 acres, more or less, shall contain a restrictive covenant that will prohibit the use of the Property for any purpose or use other than for roadway and parking purposes; (c) The document relating to the release of flooding rights is to contain a clause stating that any buildings constructed on Part 2 on Plan 64R-5861 will be no higher than 31.5 feet and a chimney no higher than 38.5 feet from finished grade; (d) The Purchaser is to construct, in accordance with the Authority's standards, a six foot black vinyl chain link fence along the new property boundary at the purchaser's expense; (e) A full archaeological review is to be carried out to the satisfaction of the Authority's archaeological staff; to verify that the site has no archaeological significance and that no mitigation measures are required; (f) Completion of this sale will be subject to any Planning Act approvals that may be required to sever the lands from remaining Authority holdings, as well as other development related approvals that may be required to be obtained, such as re-zoning, Official Plan Amendment, approval of the Cemeteries Branch of the Provincial Government, etc., all of which are to be obtained at the expense of Westside Cemeteries Limited, and all of which applications are subject to Authority approval. (g) The transaction is to be completed at the earliest possible date with payment in full to the Authority in cash on closing; (h) Any additional conditions as deemed appropriate by the Authority solicitor; THAT the sale and release of the easement to flow be subject to approval of the Minister of Natural Resources in accordance with Section 21 (2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended; continued.. . A317 Authority Meeting #11/96, December 20, 1996 AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, includi~g the obtaining of any necessary approvals and the execution of any documents. . . . . . . . . . . . . . . .. CARRIED RES. #A247/96- THE MUNICIPALITY OF METROPOLITAN TORONTO VALLEY AND SHORELINE REGENERATION PROJECT, 1992-1996 Springbank Avenue Erosion Control Project GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Lake Ontario Waterfront, Scarborough Sector, Violet Robinson and Rafael Nebres Properties CFN #2a15a and #27034. Purchase of a property municipally known as 39 Springbank Avenue and update on the status of the purchase of 41 Spring bank Avenue, located on the Scarborough Bluffs, east of Birchmount Road, in the City of Scarborough. (Executive Committee Res. #B1aO/96, Res. #B1a1/96) Moved by: Joan King Seconded by: Michael Di Biase THAT the following properties be purchased: (a) 0.377 acres, more or less, consisting of an irregular shaped parcel of land, improved with a bungalow and detached garage, be purchased from Violet Robinson, said land being Part of Lot 42, Plan 975, and Part of Lot 30, Concession A, City of Scarborough, Municipality of Metropolitan Toronto, fronting on the south side of Springbank Avenue, east of Birchmount Road; THAT the purchase price be $167,500.00 plus demolition costs together with payment of vendor's reasonable costs; (b) 0.433 acres, more or less, consisting of an irregular shaped parcel of land, improved with a bungalow and detached garage, be purchased from Rafael Nebres, said land being Part of Lot 42, Plan 975, Part of Lot 30, Concession A and Part of Block A, Plan 1246, City of Scarborough, Municipality of Metropolitan Toronto, and further described as Parts 1, 2 and 3, Reference Plan 64R-10534, fronting on the south side of Springbank Avenue, east of Birchmount Road; THAT the purchase price be $90,000.00, providing there is no substantial change in the property, plus demolition costs together with payment of vendor's reasonable legal costs in connection with the completion of this purchase; THAT on closing Rafael Nebres and the Mortgagee release and indemnify The Province of Ontario, The Municipality of Metropolitan Toronto, The City of Scarborough and the Authority, from all actions and claims of every nature, in a form satisfactory to the Authority's solicitor. continued... Authority Meeting #11/96, December 20, 1996 A318 THAT the Authority receive conveyance of the lands required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transactions at the earliest possible date. All reasonable expenses incurred Incidental to the closing for land transfer tax, legal costs and disbursements are to be paid: THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. AND FURTHER THAT the above noted properties be purchased from land sale revenue. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A248/96- SALE OF SURPLUS AUTHORITY-OWNED LANDS East side of Islington Avenue, South of Rutherford Road, City of Vaughan. Regional Municipality of York 1. Sale to Islington Woods Development Ltd. (Formerly known as Blackplste Investments Inc.) 2. Sale to St. Francis Society of Ontario, (Formerly Father Claudio Moser, In Trust) Franciscan Brothers, CFN #27612C Status report on progress with the completion of land sales in the vicinity of Islington Avenue and Rutherford Road, City of Vaughan, Regional Municipality of York. (Executive Committee Res. #B182/96) Moved by: Michael Di Biase Seconded by: Randy Barber THAT the staff report dated December 3, 1996, relating to the status of processing the sale of surplus Authority-owned tablelands, situate on the east side of Islington Avenue, south of Rutherford Road, City of Vaughan, The Regional Municipality of York, be received; AND FURTHER THAT a status report regarding the progress relating to this location be brought forward to the Members at the earliest possible date. .............. CARRIED A319 Authority Meeting #11/96, December 20, 1996 The following report updated the status of this item, following the report adopted under Executive Committee Res. #8182/96. RES. #A249/96- SALE OF SURPLUS AUTHORITY-OWNED LANDS East side of Islington Avenue, South of Rutherford Road, City of Vaughan. Regional Municipality of York 1. Sale to Islington Woods Development Ltd. (Formerly known as Blackplate Investments Inc.) 2. Sale to St. Francis Society of Ontario, (Formerly Father Claudio Moser, In Trust) Franciscan Brothers, CFN #27612C Additional information resulting from meeting held on December 9, 1996. (Executive Committee Res. #B183/96). Moved by: Michael Di Biase Seconded by: Randy Barber THAT the staff report dated December 12, 1996, relating to the status of processing the sale of surplus Authority-owned tablelands, situate on the east side of Islington Avenue, south of Rutherford Road, City of Vaughan, The Regional Municipality of York, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A320 SEm' BY: __ _. \tl9-~ : 5:31~ ; GARDII'ER. ROBEJn'S- 416 ~L~;# _21 2 ...-- ...- , . , PASCALE, ZENTIL -.,...--- __ . aIIIl7CIIlI ----- --...- ____ __-.&A.u.a. - -- I ........lU. lUII.........1.A, ....L -~ ...- ! - ...-- _ ,.,,,_&.-...-LL& ---- 4626 . ---...-.... .- , Decmbr 19tJl. 19911 I WI" TEL!FAX llftL Y TO NO. 4l&.a65-6636 I 8ard1ner, Roberts Ilmsters a Sol1citon I 40 1t1 nl Street West Suit. lOll, Seatia P1U4 TOl'Onto. Ontario M5H 3'12 I I AttInt1an: Rebert Rossow. !sq. , Dear Sirs: i Re: I'I)SER. IN TRUST Offal' = Pul'Ctlue frCIIII METROPOLITAR TQR01fTO AND REGION CONSERVATION AUTHORITY af Part Lot 15. .Concnsion 7. City of Vaughan fUrtner to our lIeet1ng at tbtI atfic.. of the Me~1itan TOl"On'o IIICl Region Corl....-v.tion Authortty an Deener 9th. 996. to 0&&1' ca1"'I"sspanduftCa rJf OIC8lllbal' 10th. 1996. and to our telephone conversation of DecellOel' 11. 19ge. we wish to advi SI you that QUI" cHlnt is , pUr'Suant to the provisions contained in Pal'~OIln laIc) tit the Agreement of Purchase and Sale. tel'llln1til1CJ thh Agr'el!ll$llM. TIle Agreement 1$. therefore. PUY'SU&Ilt to Paragraph 18(c). null and void Ind thlt Purchaser shan be under no further l1AbUity or obligation pursuant to thl AgT'eI!IIIent IJlcl tile deposit shall be retuMted to thl PU1'Chasar tlllllled1ately with 1nterast and w1 t~ut c1educt1.on. We ~uld therefore ask tMt yau kindly adVise us .s tD when the daposit funds will be ratul'nld. The funds IJ"I! to be ude pqable to Pascll.. Zentil. In Trust. baing the $Curce tit the dIPGa1t Illllntas. Yours very tN11, PASCALE, ZEHTIL API11 cc. Fr. Rebert CU!p&9na ce. Lou PoqIt11 cc. S. d8&as;l8't1 S . DEC-19-1996 17:5:3 241Sa656636 P.002 / , A321 Authority M~eting #11/96, December 20, 1996 SENT BY: 12-12-96 : 9:59AM ; GARD 1NER. ROBER1'S- 416 661 6898;' 21 S /' - ,- GARDINER, ROBERTS. ScolIa 1"- SuIte:noo 3an1I1mI ~nd Soliatom 40 Xlag Slnlet w.& ,- 1bnJnla, ClDIuIo Caa.da M5tl3Y2 '!l!IcpbanE (616) 865-MW FKIimIIoI: (06) lM5-(Q6 ~'1'CIb.....~ De<eWlc:r 12, 1996 ~ The McaopoJimn Toromo aad Region Conservation AudIority , S Sboreham Drive i DoW1IIView, 0Dtari0 I I j M3N 1S4 I Attcation: Doll Priac:e I I Dear Mr. PriDce: I I Re: MTRCA re Sale to Father' Moser (MP'urehaer"), In trast ! I Part or Lot lS. Con~OD '1. Cl" o'VIlU~1um Qnp ll'IIe No. 61.09& Funbcr to our meedng widl Messrs. Pascale and PompiIi on ~ 9th. 1996 aDd with rcferem:e to my ~ of November 29th, 1996, it is my nIIIf~ tballhe Puchaser ia satisfied widllbe Soil ami Enviramneural Corvtfrinft HOWCYcr, at the pICSCIIt time the foDowing IIIlIUCrI are sdl1 .--...fmglllld we have DOt reached 8&l~ OIl them. I 1IIIdersIam1 )'011 will be seekiDg instructioas from tile Authority in. regards tbereto: 1. Tbc Purchaser will DOt agree thIt Its deposit wiD be mm-re1Imdahie; 1- ~ wiD DOt assume carriage aDd costs fer the n::zoniDg UD1ess it dcrennincs at some ulIspe..ifi..d time ill the IlCXt few months that a sUe speciflc zoning would be required far its clcve1opment; and 3. Purchaser Will not assume any responsibility for park levies. In addition, P11rchaser wiD require that the closing date. I10W set for Deccmher 31, 1996 be. ..-..rflltl to the date the rezoning and severances are final and aa:cptable to them or August 31, 1997, wbic:hcvcr first oc:curs. - If u ia d-m..... by die Authorily !hat u does DOt wish to eitbeI' em:ud the C10IhIg Date as aforesaid, or agree to exrcud the time for the rezoui.ag mrulltlon to be 8lItisSed tb=, If dlcsc CODdltioDs an: DOt waivcc1 or satisfied and thc Iransaction comes to an eac1 with die Purchaser. dlose luIds become SDbjcct to lhc Agrec:mcm of Purchase and Sale between YOlIIIIll B1ackplall: Inv~ Inc. now assigned to Is1i.agton Woods DcvelopmeDts lJd. I draw your attr:Dtion to die following provision of the B1ac:kpIau: Agrecmcut v.qIwt llfl"ou:: Sev... 4111 !lily. ~!IwIe 3OIl. :I3llII11wy. 7. .....n . 1lnturU, Co-. 1<< _ .1101: ('lIl'I) /Wo3m . 1\0., 010')-- Montn:D1 AfBIiat&:: B&n,p:r So1uve 14168656636 P.0lil2 DEC-12-1996 10:01 Authority Meetina '11/96, December 20, 1996 A322 B1' BY: 12-12-96 :10:0OAM ; GARD 1NER. ROBERI'S- 416 661 6898:# 31 5 I I .- .GARDINER. ROBERTS - I 1 I I -nc VCDdor 3IIll Purc:bascr bereiIl acknowled&e IIIIl COIIfim1 tbal !be Fraucisc:m I I A&o~ is conrIlrloDaI far thirty (30) days from iIs dale of accepamr.lt upon the I fraDc;isc;;m BrodIcrs sads:l}tUIs 1bemselves with respect to die lIIC of the Ianda. The Purchaser aDd VCDdor hetciD xkDowlcdge aad coDfiIm lIIat shoul4 die Frm:iscm i Brothers IIIIl waive the ~irinn ill die Frmdscan ~ DOI'sbou1d the CODdidon I DOl be sadsficd, tIIat the PIII..b4ser herein shall pardIuc die !aDds wbich me Ftlo",.;~ I BrodIm wish to purchase from the Vendor at the SlIDe prica lIDd on tho same tcm1S aud I'ftftdfriftM as set out iD Ibis Aglceme.4 of Purchase aIIIl Sale ami all of Ihc tctms, , c:oveaams ml l'nItdirlons herein sbaIl be lIIDe:adcd to reflect tIIc addiCoDalIands being puIdIacd by lbc Parchaser berdn. SUCh 31"".'lIIfm....t to take place fonhwith upon the Fnuciscan Brodlcn provldlDg uadce tbat tile l'ftIHIitioJl has DOl bca1 saIisfied or waived by die Pr.mcIsc:m Brod1crs aDd tbc oon-rc1bndab1e poniaIl of the c1eposit sball be S $ of die total pan:base price widl die ID1al deposits to rcprese:at in the aggregate 10% of !be total pordmo price as set out ba this Agrccmcut of Purchac :mil Sale. . In particular, the deposit of $13S,OOO.OO. DDJHeflmdablc. you are holding should be lncreascd to $190,053.00 II the purchase price has lIOW bccD lnc:reasal to $3,801,060; (21.117 acres lit $180,000.00) aDd a t'urd1c:r 11h $ of Ihc iDcreased purchase price. or $48,807.00, shou1&1 also be paid as a deposit to maimBin tbe 7V,a $ deposit racrred to in paragraph 1(a) of the BlackpJatl'! Apeemem. The otber 1Y.l 9& deposit tcfcmd to in par.agraph 1(b) of tile Blackplatc Agrccmcnt would not be rcqain:d as tbat paymeDl was posqHmcd by tile lI:mIS of tIIc November 7th. 1996 leacr from }'OIl to Islingum Woods DevclcpmcnlS Ltd. which posqxmed further dcposils. Similarly, die $100,000.00 deposia Iefem:d to In the BlackpIare Agreement would not be facrcasai, as they arc DOt based on acreage md have also been posqlO~ in aa:ordaDce with the taDl3 of the November 7th Ieacr. The OCher tcmIS af1be BJackplate Agrccmcm. including the ob1igatioas of the AU1I1crlty, to obtaiD 1JJc conseIIlS wtmld also apply witb me DCW 1f-'linl!S also bc:iDg applicable. again as set out in me Jl40vcmber 7th Icm:r. It may be tbat you would wish to draw tIt=c matters to die aucntion of Ihc Exc:cutlvc ~Dm..;II~ or the full Authority in their consideration ofthc possible am~m"ntlJ 10 die Pasher Moser Agreement. If you n:quirc any further parti~, please do not hcsila1e to give me a call. TbaIIk you. Youn trUly, , C.Rossow (1'Ol'llDID 0fIIcc) DIrect Lble: (416) S6s.6624 ICllao ~ IEC-12-1996 10:01 14166656636 P.ee:3 A323 Authority Meeting #11/96, December 20, 1996 RES. #A250/96 - STRATEGY FOR THE MANAGEMENT OF AUTHORITY PROPERTY ASSETS Progress report on strategy for management of Authority property assets through sales and leases including: (1) status of the acquisition program (2) clarification of the procedure for determining the suitability of Authority lands to either be considered surplus to Authority needs and therefore eligible for disposal (sale/lease) or required for the Greenspace system and therefore eligible for lease only as determined by The Strategy For Public Use of Conservation Authority Lands (3) the utilization of the land sale revenue and other sources of revenues for land acquisition (Executive Committee Res. #B1a4/96) Moved by: Joan King Seconded by: Michael Di Biase THAT the progress report on the strategy for management of Authority property assets be received; THAT staff report to the Authority at the earliest possible date on the following issues: i. review of acquisition limits as set out in the Greenspace Protection and Acquisition Project 1996- 2000; ii. clarification of the relationship between the policies for declaring land surplus and The Strategy For Public Use of Conservation Authority Lands and review of the public notification guidelines; iii. review of the importance of large tableland blocks owned by the Authority, generally associated with the reservoir tracts and Conservation Areas, in the context of current and future regional open space needs and suitability for disposal in consultation with the Regional and Local municipalities; iv. review of other sources of revenue to meet the Authority's future acquisition needs; THAT staff continue to implement the process for declaring lands surplus, in connection with the use of small parcels of tableland or isolated lots on the perimeters of our holdings, encroachments and other routine public uses in accordance with approved procedures, for sites other than those already approved for disposal; AND FURTHER THAT staff consult with appropriate municipal officials with respect to the land acquisition and management issues identified in this report. ............ CARRIED Authority Meeting #11/96, December 20, 1996 A324 RES. #A251/96 - COMMITTEE OF THE WHOLE Moved by: Richard Whitehead Seconded by: Patrick Abtan THAT the Board move into closed session to discuss Lake Ontario Waterfront Regeneration Project in the Region of Durham - James McKean property. . . . . .. CARRIED RES. #A252/96 - ARISE FROM COMMITTEE OF THE WHOLE Moved by: Lorna Bissell Seconded by: Jim McMaster THAT the Board arise and report from closed session.. ................. CARRIED RES. #A253/96 - LAKE ONTARIO WATERFRONT REGENERATION PROJECT IN THE REGION OF DURHAM, 1996 GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996 - 2000 Lake Ontario Waterfront, Pickering, Ajax Sector Frenchman's Bay Area - James McKean Property CFN# 26529B. Amended basis for Authority participation in the purchase of the Keen Kraft Marina Co. Limited and James McKean Properties with the Town of Pickering. (Executive Committee Res. #B196/96, #B197/96) Moved by: Michael Di Biase Seconded by: Randy Barber THAT Res. #A84/96 and Res. #A85/96 be rescinded; THAT 0.8 acres, more or less, be purchased from The Corporation of the Town of Pickering, said land being two irregular shaped parcels of land being parts of water lots 1 to 7 inclusive, Plan 65, Town of Pickering, Regional Municipality of Durham, being partial takings of the total holdings, fronting on the west side of Front Street, south of Commerce Street; THAT consideration is to be the sum of $250,000, payable on or before January 31,1997; THAT the Authority receive conveyance of the land required, in its name alone, free from encumbrance, subject to existing service easements. Title will also be subject to the following: continued... A325 Authority Meeting #11/96, December 20, 1996 (I) The Authority and the Town will each have an easement for public recreational uses over each others lands; (in The Authority and the Town will each have a right of first refusal over the others lands. (Iii) The Authority will obtain an easement over the balance of the holding being acquired by the Town of Pickering for access to the Authority lands. (iv) Pickering will reserve a 30 foot easement for a boat launching ramp at a mutually agreed location over the Authority lands. THAT the Authority participation In this transaction be subject to approval of the Province of Ontario prior to December 20, 1996; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for land transfer tax, legal costs and disbursements are to be paid; THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. AND FURTHER THAT the Authority participate in this transaction, providing that the Town of Pickering acquires the property at $1,150,000.00 AMENDMENT RES. #A254/96 Moved by: Michael Di Biase Seconded by: Randy Barber THAT paragraph five be deleted and replaced with the following: THAT the Authority participation in this transaction be subject to approval of the Province of Ontario prior to January 31, 1996. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED THE MAIN MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting '11/96, December 20, 1996 A326 DEC. -19' 961THU) 17:24 CHRIS HODGSON ~p TEL:416 314 2726 P.002 ~ Ministry of Minist6re de~ o.puty Mlnimr SauHniniurl Whitney Blade talflat Whitrtay 0-'. Parle au.n', Park Natural Richesses Taramo. Onaria Tarama (OntariOl Resources nazuretles rnA tW3 M7A tW3 4t&a1441SO 411l31402tSO CliiiiiiII 1'AXIr~ 41813144'1S . December 19,1996 , . - , ~ Mr. Dick O'Brien Chair Metro Toronto and Region ConscrvatiOIl AUIharity 5 Shcrcham Drive Downsview. OlWio ~~ o. j Subject: Proposed Purchase of the James McKean Property and Price Waterhouse Propc:n:y (fanner McKean Kraft Marina Company Site), Town of J Pickering Further to the meeting held in the Minister's Boardroom on December t 9, 1996 involving representatives from the Town ofPic:kcring. Mctto Toronto and Region Conservation Authority. the of5ce of Janet Ecker, M.P.P. and this Ministry, plwe be advised That the ~ is not in a position to make a decision reprding the use of provincial funds towards the proposed property purchase at this time. Although we recogni2e the tight time frames involved there appears to be a number of outstanding issues involving both the Town of'Piclcering and the MTRCA which prevent us from being able to make a fully informed decision. Ron Vt:meart Deputy Minister A327 Authority Meeting #11/96, December 20, 1996 RES. #A255/96 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Lorna Bissell THAT Section II, of Executive Committee Minutes #11/96, held December 13, 1996, with the exception of Maple Downs Golf and Country Club, City of Vaughan Don River Watershed, Minor Exemption to the Region of York Trees By-law TR-1-91-154, be received and approved. ............................................... CARRIED Section II items include: Tommy Thompson Park, Supply of Sand for Habitat Creation Projects - Executive Committee Res. #B1a5/96 Black Creek Pioneer Village, Architect for Capital Restoration Project - Executive Committee Res. #B 1a6/96. Clarieville Conservation Area, Call for Proposals South of Steeles Avenue - Executive Committee Res. #B1a7/96. York Region Long Term Water Project - Class Environmental Assessment - Executive Committee Res. #B 1aa/96. Applications for Permits Pursuant to Ontario Regulation 15a - Executive Committee Res. #B191/96, #B192/96. Membership to The Conservation Foundation of Greater Toronto - Navin Chandaria - Executive Committee Res. #B194/96, #B195/a6. DELEGA TIONS (a) Ms. Madeline McDowell, Chair of the Humber Heritage Committee spoke in support of the Regional Municipality of Yorks' Tree By-law and the effect of the loss of environmentally significant areas, relating to the Maple Downs Golf and Country Club - Minor Exception to the Region of York Trees By-law TR-1-91-1 54. RES. #A256/96 - DELEGATIONS Moved by: Donna Patterson Seconded by: Victoria Carley THAT the above delegation (a), be heard and received. . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A328 MOTION RES. #A257/96 Moved by Lorna Bissell Seconded by: Joan King THAT presentations be heard from both staff and Ms. Patricia Foran, solicitor for Maple Downs Golf and Country Club.. ................................... CARRIED MOTION TO MOVE TO NEW BUSINESS Res. #A258/96 Moved by: Lois Hancey Seconded by: lIa Bossons THAT the Board move to New Business to discuss Maple Downs Golf and Country' Club.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED The following motion was made under New Business.' MOTION Moved by: Lois Hancey Seconded by: lIa Bossons THAT Executive Committee Res. #B188/96 and Amendment - Res. #B189/96 be rescinded; AND FURTHER THAT the following be approved: -rHA T staH be dlrBCtBd to continue to TBvlew available planning and appeal options relatBd to the approval by the Region of York of a Minor Exception to tha Region's TTBB By-law TR-1-91-154 for Maple Downs Goff & Country Club In tha City of Vaughan, and report back at a future mBBting of the EXBCutive CommittBB; AND FURTHER THA T the Region of York be adviSBd of the Authority's conCBTns relatBd to thB approval of this application pursuant to the Region's TTBB By-law, and that said approval does not conform with the Region's Official Plan. '" A329 Authority Meeting #11/96, December 20, 1996 AMENDMENT TO THE MOTION RES. #A259/96 Moved by: Lois Griffin Seconded by: Victoria Carley THAT Authority staff meet with the Region of York to find ways to strengthen the status of Environmentally Significant Areas within the Region of York's Official Plan. THE AMENDMENT WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRI ED RECORDED VOTE - MOTION, AS AMENDED Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay lIa Bossons ..................................................... Yea Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Lois Griffin ..................................................... Yea Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ye8 Eldred King ..................................................... Nay Joan King ...................................................... Nay Jim McMaster ................................................... Nay Richard O'Brien .................................................. Nay Case Ootes ..................................................... Nay Donna Patterson ................................................. Yea Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Paul Raina. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Bev Salmon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay The Chair voted Nay on a tie vote. THE MOTION, AS AMENDED, WAS . . . . . . . . . . . . . . . . . . . . . NOT CARRIED Authority Meeting #11/96, December 20, 1996 A330 RES. #A260/96- MAPLE DOWNS GOLF AND COUNTRY CLUB Moved by: Michael Di Biase Seconded by: Paul Raina THAT Executive Committee Res. #8189/96 and #8190/96, adopted at Meeting #11/96, held December 13, 1996, be received as follows. . . . . . . . . . . . . . . . . . . . . .. CARRIED IIIRes. #8189/96 THA T the ,epoft be ,eceived end no fufthfH ection be tsken on the sp/HHII lOT the mino, exception to the Region's T'H By-lsw; AND FURTHER THA T stsfl ,epoft on the protection of the I'8ms/ning ESA Isnds. AMENDMENT Res. #8190/96 THA T Authority stsfl mHt with the Region of Yo,k to find wsys to stl'8ngthen the ststus of Envi,onmentslly Significsnt Ness with the Region of Yo,k's Offlcisl Plsn; AND FURTHER THA T stsfl discuss issues ,egs,ding the Region's T'H By-lsw snd ,epoft beck st s Iste, dste III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A331 Authority Meeting #11/96, December 20, 1996 RES. #A261/96 - THE HUMBER RIVER WATERSHED TASK FORCE REPORT '"Legacy: A Strategy for a Healthy Humber'" '"A Call to Action: Implementing the Humber Watershed Strategy'" Authority receipt and endorsement of the Humber Watershed Task Force reports. (W&RLM Res. #069/96) Moved by: Patrick Abtan Seconded by: Lorna Bissell THAT the Humber Watershed Task Force reports titled, .Legacy: A Strategy for a Heahhy Hum~ dated November 20, 1996 and .A Call to Action: Impl8menting the HumlHH WatlHshed Strtltegy" dated October 30, 1996, as appended, be received and endorsed; THAT the task force members and volunteers be thanked for their significant achievement; THAT the staff be directed to publish the reports for broad circulation; THAT the reports be circulated to federal departments, provincial ministries, watershed municipalities, non-govemment organizations (NGO's), businesses and made available to the public; THAT the appropriate federal and provincial ministries and watershed municipalities be requested to endorse the Humber Challenge and Guiding Principles; THAT the federal departments, provincial ministries and watershed municipalities be requested to consider innovative, as well as traditional opportunities, for taking actions that will lead to the implementation of the task force reports and wide adoption of the Humber Pledge; THAT other watershed residents and stewards be asked to endorse the direction of the reports and consider opportunities to implement it, as part of, or in addition to, their existing programs; THAT the staff be directed to provide a terms of reference and membership proposal for a Humber Watershed Alliance for the Authority's consideration in the spring of 1997; THAT staff be directed to report on the Authority's role in implementation of .Legscy: A Strategy for a Heahhy Humber" and '"A Call to Action: Implementing the HumlHH WatlHMBd Strategy"; AND FURTHER THAT staff pursue the implementation of the Community Action Sites in conjunction with the appropriate agencies, interest and community groups that nominated these sites and complete draft implementation guidelines and reports Including the Fisheries Management Plan and the Humber River Watershed Atlas. . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A332 RES. #A262/96 - LAKE ONTARIO WATERFRONT REGENERATION PROJECT IN THE MUNICIPALITY OF METROPOLITAN TORONTO 1996- 1999 East Point Park Project. To report on previous marina development plans and outline a work programme for the implementation of the East Point Park Concept site - boat launch facility. (W &RLM Res. #D70/96) Moved by: Joan King Seconded by: Donna Patterson THAT the staff report, dated November 29, 1996, on the previous proposals for marina development at East Point Park be received; THAT staff be directed to proceed with the Environmental Assessment and detailed design of the East Point Park Concept Site, City of Scarborough, under the Lake Ontario Waterfront Regeneration Project in The Municipality of Metropolitan Toronto, 1995-1999 at a total estimated cost of $400,000; THAT staff be directed to take all necessary actions with the partners to proceed in an expeditious fashion to secure all approvals; AND FURTHER THAT The Municipality of Metropolitan Toronto, the City of Scarborough and the Integrated Shoreline Management Plan Steering Committee be so advised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A263/96 - MITIGATION OF TWO INSTREAM BARRIERS TO FISH PASSAGE IN THE DON RIVER WATERSHED Undertake the mitigation of two instream barriers to fish passage in the Don River at Pottery Road, Borough of East York. (W&RLM Res. #D71/96) Moved by: Joan King Seconded by: Donna Patterson THAT staff be directed to proceed with the mitigation of two in stream barriers to fish passage In the Don River at Pottery Road, Borough of East York at a total estimated cost of $265,000 subject to all funding and regulatory approvals being received. . . . .. CARRIED A333 Authority Meeting #11/96, December 20, 1996 RES. #A264/96- AGRICULTURAL NON POINT SOURCE (AGNPS) MODEL PROJECT Extension of an existing Memorandum of Agreement between the Authority and the Ministry of Environment and Energy to assess the use of the Agricultural Non Point Source Model as a tool in watershed management. (W&RLM #D72/96) Moved by: Joan King Seconded by: Donna Patterson THAT the Authority enter into an agreement with the Ministry of Environment and Energy to extend to March 31, 1998 and expand the scope of the existing Memorandum of Agreement, covering the period March 13, 1995 to April 30, 1996 concerning the provision of scientific expertise in watershed planning, in order to assess the use of the Agricultural Non Point Source Model as a tool in watershed management; AND FURTHER THAT staff be directed to take the necessary action to implement the above- noted Memorandum of Agreement and its workplan. . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A265/96 - STORMWATER MANAGEMENT FACILITY MONITORING ACTIVITIES Completion of the Heritage Estates storm water management pond monitoring study; status of the Storm water Assessment Monitoring and Performance Program; and plans for the communication of monitoring results. (W &RLM Res. #D73/96) Moved by: Joan King Seconded by: Donna Patterson THAT the staff report, dated November 11, 1996, on the status of stormwater management facility monitoring activities, be received; AND THAT staff continue to pursue opportunities to communicate the results of monitoring efforts to all partners in watershed management. . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A334 RES. #A266/96 - SWIMMING POOL DISCHARGE WATER Potential environmental concerns associ~ted with the discharge of swimming pool water. (W&RLM Res. #D74/96) Moved by: Joan King Seconded by: Donna Patterson THAT the staff report, dated November 11, 1996, on swimming pool discharge water be received; AND FURTHER THAT staff include information about environmentally sound swimming pool management practices in public awareness programs as opportunities arise. ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A267/96 - THE HUMBER WATERSHED TASK FORCE The minutes of The Humber Watershed Task Force meetings #9/96 (September 17, 1996), #10/96 (October 16, 1996) and #11/96 (November 12, 1996) are provided for information. (W&RLM Res. #D75/96) Moved by; Joan King Seconded by: Donna Patterson THAT the minutes of The Humber Watershed Task Force meetings #9/96 (September 17, 1996), #10/96 (October 16, 1996) and #11/96 (November 12, 1996), be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A335 Authority Meeting #11/96, December 20, 1996 RES. #A268/96- BARTLEY SMITH GREENWAY, DON RIVER WATERSHED Progress report for the Bartley Smith Greenway, including the Rupert's Pond and Langstaff EcoPark concept sites. (W&RLM Res. #D76/96) Moved by: Joan King Seconded by: Donna Patterson TAT staff continue to pursue the linkage of the trail system through the Bartley Smith Greenway in partnership with the Province of Ontario, the City of Vaughan, other agencies and stakeholders; THAT management and trail access agreements be pursued to ensure cost efficient and effective management of the trail and lands throughout the Greenway; THAT the City of Vaughan and the Great Lakes Clean Up Fund, members of the EcoPark Steering Committee and the Conservation Foundation of Greater Toronto be thanked for their support of this project; THAT the Rupert's Pond Concept Site be included formally in the Bartley Smith Greenway; AND FURTHER THAT new sources of funding for the project continue to be sought to realize the full potential of this corridor in contributing to the greenspace health of the Region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #11/96, December 20, 1996 A336 RES. #A269/96 - TOMMY THOMPSON PARK BASELANDS City of Toronto Rezoning Proposal. To provide updated information concerning the proposed rezoning of lands situated at the north end of the Baselands at Tommy Thompson Park. (W&RLM Res. #D77/96, #D7a/96). Moved by: Joan King Seconded by: Donna Patterson THAT the staff report on the issues related to the rezoning of lands at the north end of the Base of the Spit, and the City of Toronto's staff report to Land Use Committee on November 21, 1996, be received. THAT staff advise the Council of the City of Toronto of the Water and Related Land Management Advisory Board's support of the recommendation from the City of Toronto Land Use Committee (Meeting - November 21, 1996); THAT Council be advised of the Water and Related Land Management Advisory Board's recognition of the immediate need for a stratagic plan addressing the ecological, economic and urban design significance of all lands south of the Ship Channel; AND FURTHER THAT Council be requested to direct their staff through the Commissioner of Urban Services and TEDCO, to work with the Waterfront Regeneration Trust, The . Metropolitan Toronto and Region Conservation Authority, landowners, community groups (i.e. friends of the Spit), the Don Watershed .Regeneration Council and the City departments to initiate the above noted strategic plan. A337 Authority Meeting #11/96, December 20, 1996 : REccrv~iCl . . [I] - DEe , 6 1996 ., " ... 1OIONrO - CIty eerie's Department ....c.~ ~Hal Office of the aerk Oy eerie 100 QU.n~ West "..., IC. 8aaIer Toronto. 0naIri0 Deputy CIty CGIlc M5H :ZN2 -e', . . -. - - .- PIau: refer CD: 96cacl17.12 December 16, ]996 I i ! : To: JDIl:reSU:d Pmons , , City Council. lit its mcctiDg held on ~bco' 9 llDd 10. 1996. pve CCDSidcratian to Clauso 12 c::ontained in , Report No.. 17 at the Land UJo ~ titled "Areas of'EnviT011lDellcaJ Significmcc or Imer1;st in the Port i An:aSOlUh of die SJup ChamIcl (Wards 7 md 8)-. While a:msidermg lIria C1im.!e Counc:illwl before it """'.......it:aolODS which are on file widl the City Clerk !rom: - J-H. Gui]d, Pic:Jd Trip Din:dor, OJUario Fwd OmilhologislS (November 20, 1996) . Peg Lush (Noqrnbcr 21, ]996) - John Robert Carley and Jacque/ine Courval. Co-ChaiTS. Friends oime Spit (November 22, 1996) - Brian Wilkie (December.5, 1996) - Ie. lIJId ~ FelLs (Dec;cmbcr 2. 1996) - Ramani Nadarajah. Canadlan Envizonmcnw Law Associll1ion (December 4. 1996) - DomII Bigelow (December 4. 1996) - Sue Keenan, Chapc=r AdmiDimatcr. Sierra Club ofEastenl Canada. CDec=mber 4, 1996) - Carol Lynn Wallace. Acting Executive Dircaor, Cana.cli.3n Environmental Defence Fund i (December.5, 1996) ! - Jean MacdoI1lld, Toronto Field Namralisu (December 3.1996) - Glcl1 L. Hooper, Dutrict Ecolojp$t. Greater Toromo Area DistriCt Office, Ontario MiDiscry of Namral Resources (DeccTaber S, 1996) - Diclc O'Brien. Chair. Metropolitan T01'OI1tD and Region Conservation Authority (December 6, 1996) - Jerry v. DeMarco. StatrI.awyer. Si~ Lcp! Def== Fund (December 6, 1996) - AmIo Bell (December 6, 1996) - Michael Blto, Vice.Presidenl., George Bire haI Est:ue Limited (December 6, 1996) CouucilllmeDdcd lIJId adopted the Clanse, me! by so dama: 1. Adopa:d 0pticD 2 &I set out in SectIon 4 of tbe n:pon: (November 4, 1996) from the Commissioner of tlrbIUl Development Services, which rcc:ommcncled the :=!e$ianaciOD ;md rezoning of the industrial porticm or 1hc site It the north end of the Buo of the Spit to Namnl An::l and Or. Authority Meetina #11/96, December 20, 1996 A338 . I I . . - - We haw IDC!Icd a copy oftba lbrd report fbr)'Wr ~ CbIir afllll: ~.1DIl bla=ardlDco widl1be BaIId' .. we n:quat : CouDc:iI'upp'!Jwl oftbe LaIId UIO ~_.....iftAA'l OIl tbillDIUIIr lad ICClk ,our support tbr . I&Dll:8ic plio .dlh~ die -r~. ,n'l!nl.1e m1 \IIbm dcsisn s1~ otll11aDd11Oa1b ofdJe SIdp CIIiDDcI. '!be ADdIarlty would be pIeued ., paWIc ..m,_", II !be Ci&y IUd TEDCO ill ~silcha~~ Tbia.c.1a A,...... 1~1.. IC!IimIIIl ~~ vision IDd ttamaWart for thtar8 iDitiIdves m . by area oflho Par LaadL TbaDIc you for your ......tinll"'" support ofdla sr=a . iaidaliva. I I Shu:ereIy, I p~. . i ,~~ ~,.., Dick O'BricD 1 Clair , Enc1. I : - DEC-ll-l996 14:20 P.0l2l2 A339 Authority Meeting #11/96, December 20, 1996 ---- . .. I >:: .. - -- - ~--- - - metrapOIftan tl:IrOnU) and region canservatIon 5111lntwn dIftie. .:Dot.,...... arano. m3n 1" ee108llCO Fe 881 - Dcc:cmbIr 6. 1996 - "Z Ma. BIrbara Hall ~ofTonmro . CitY HaD , WH 2m I , On Friday, November 29, 1996, the WatIJt lIIId Related Land Advismy Board I ccmsidereci a report on !be above: DOtI:d issue ami adapted the ~""tbotiaas , . lIIDaldoW ! I I Moved by: Diclc O'Brien l I s...",..n~ by: Da Bosscms I -mE BOARD RECOMMENDS TO THE AU!HO:JZ lHAT the I Dft'IqJOrt on 1hc issues n:Wm1O lbI: r=ming of . lbI: DDnh , ad of tbe Base: of 1hc Spit, ami the f.1?; of Toronto' SIaff report to Lam! Uae Committee on November 21, 996 be . - A~ '"THAT slB1f lIdvisc 1hc Co1mci1 of tile City ofTClroI1ID ll.eIated Land M-S""'e'I1 Advisory Board's ~on ftom the City of Toronto Land (MectlDa - November 21, 1996); TIiAT Council be advised of the Wa11:r ami Rdated MJUll~ Advisory Board's rc:cognition oime immediate need ~ plan addr=sing the: ecoloaic:a1. ..-nnrmc: ami uzban design signifiamcc of all lands sou1h of the Ship Chaunel: AND FURTHER mAT CouDc:il be requested to their staff through 1bc Commissioner of Urban Sc:rvic:es~' to work with the Waterfrtmt Ilcgenc:ration Trust, The M . Toronto and Region CoDsc:rvatiOQ AU~ landowners, groups (i.e. Friends of the Spit), the: Don 8%erShed RegeneraIiaD ~ and the e Cily &,-.......10 ..-......... -........1" \'\brlcing lbgether for l/:Jmorrcw's Grspace Authority Meeting #11/96, December 20, 1996 A340 . . . , < . ' - . . -2- 2- Rc:quesced the C~i';oo= at U'tbm Develaprneac Scvicaa IIIli 1EDCO lD prepInI t=mI of mfer=:e Cor a dm:Iopmcnt cam:cpt wbicb IddraIas planainJ, udlID desip. _i.. and. anviroum=ltal1uucs. far aU of tbc 1IDds IDWh 01 ilia Ship Owmel iDI:Iadiq 1IIa North Sham PIrIe to be brougIn back tD cbe Lml Use o--n-lD 0lIriy 1997. 1ba lCm2I of rc:fcr=c:c wUl be pn:pIMli ia CllDIUIWiClll wIJh lIIc Mclrapollwl TOI'OI1lD Resicm Caa.v1Zilm AuIbazity. ilia WlIll:rftau1 ~ Ttuu, local JmdowDm lIDlllocal COIIUDWIity IfOllPS, iDcIudiq !be nic:nda of the Spit, SE'l1AO, sEAIAc. 1IIa Tak Force tD Briq Back die Dca. tbe Oem Warershed Repuc:rariaD CoWu:n. cad the TorDlllD Hazbaar em-n.p"" A Cl1VY of the abo~ C1amc CIA be picked up I'mm our afficc It & uomiDa1 dwp. Yours truly, Assiswlt City Clerk ~ FMP , cc: Com11liuioncr ofUrbm I:levelapmem SeMces Toronm &onomic Dave1opm=n CarporatIcn (lEDCQ) , I I A341 Authority Meeting #11/96, December 20, 1996 NEW BUSINESS RES. #A270/96 - MOTION Moved by: Victoria Carley Seconded by: Lorna Bissell THAT staff prepare a report showing the implications had the Authority proceeded with the legal route on the appeal for the minor exception to the Region's Tree By-law, with respect to Res. #A259/96, Maple Downs Golf and Country Club. . . . . . . . . . . . . . . . .. CARRIED TERMINATION ON MOTION, the meeting terminated at 11 :30 a.m. on December 20, 1996. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #12/96 Page A342 January 24, 1997 Meeting , 12/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, January 24, 1997, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:10 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . .. Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons .................................................. Member Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice Chair Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King .................................................. Member Frank McKechnie .............................................. Member Jim McMaster ................................................ Member Richard O'Brien ................................................. Chair Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword ............................................... Member Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Member REGRETS Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Raymond Cho ................................................ Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Brian Harrison ................................................ Member Joan King ................................................... Member Gerri Lynn O'Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Case Cotes .................................................. Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member A343 Authority Meeting 112/96, January 24, 1997 RES. #A271/96 - MINUTES Moved by: Maria Augimeri Seconded by: Deborah Sword THAT the minutes of Meeting #11/96, held December 20, 1996 be approved. .. CARRIED CORRESPONDENCE (a) A letter, dated January 23, 1997, from Ms. Carrie Newman, R.R. 15 Claremont, Ontario, requesting that Mr. Fred Beer be allowed extra time to speak on Ms. Newman's behalf regarding the Cherry Downs Golf Course Expansion proposal (See Res. IA27a/96, page A346). Ms. Newman was ill and , unable to attend. (b) A letter, dated January 20, 1997, from The Regional Municipality of Durham, advising that Council adopted the Finance and Administration Committee's recommendation for approval, as a budget guideline, a set budget of $338,900 for 1997; representing a flat line budget from 1996. RES. #A272196 - CORRESPONDENCE Moved by: Enrico Pistritto Seconded by: Paul Raina THAT the above items of correspondence (a) end (b) be received. ........... CARRIED MOTION OF APPRECIATION RES. #A273/96 Moved by: Enrico Pistritto Seconded by: Paul Raina THAT. letter be sent to The Regional Municipality of Durham in appreciation for their IUpport of . flat line budget guideline for The Metropolitan Toronto end Region Conservation AU'tttortty for 1997. ........................................... CARRIED Authority Meeting '12/96, January 24, 1997 A344 MOTION TO CHANGE THE ORDER OF AGENDA ITEMS RES. IIA274/96 Moved by: Eldred King Seconded by: Paul Palleschi THAT Cherry Down. Golf Cour.. Expansion Proposal be brought forward and dealt with out of orct. of 'tile AgMda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CA.RRlED DELEGA nONS (a) Mr. louis I. Greenbaum, President of Urban Land Management Inc., in support of the staff recommendation. (b) Mr. Fred Beer, a resident of Claremont, Ontario, in opposition to the Cherry Downs application. Mr. Beer will also speak on behalf of Ms. Carrie Newman, also a resident of Claremont, see Correspondence (a), page A343. (c) Mr. Michael Newman, a resident of Claremont, Ontario, in opposition to the Cherry Downs application. RES. IIA275/96 - DELEGATIONS Moved by: Lorna Bissell Seconded by: Deborah Sword THAT delegation. ee} eb} ....d ec) be received. . . . . . . . . . . . . . . . . . . . . . . . . .. CA.RRIED A345 Authority Meeting '12196, January 24, 1997 MonON TO DEFER RES. #A276/96- CHERRY DOWNS GOLF COURSE EXPANSION PROPOSAL Moved by: Enrico Pistritto Seconded by: Deborah Sword THAT the Cherry Downs Golf Course Expansion Proposal be deferred. .... NOT CARRIED MOnON TO PUT THE QUESTION RES. #A277/96 Moved by: Lorna Bissell Seconded by: Deborah Sword THAT the Chair put to vote the staff recommendation regarding Cherry Downs Golf Course Ex~siOll Propoael.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting '12/96, January 24, 1997 A346 RES. #A278/96 - CHERRY DOWNS GOLF COURSE EXPANSION PROPOSAL Town of Pickering, Duffin Creek Watershed. Follow-up report on the development applications by Clublink Corporation to expand the existing Cherry Downs Golf Course located in The Town of Pickering, Duffin Creek Watershed. The applicant has revised their original proposal and Council of the Town of Pickering has expressed support for the revised proposal. (W &RLM Res. '080/96) Moved by: Lorna Bissell Seconded by: Deborah Sword THAT staff be directed to finalize the details associated with the Authority'. interests .. Nt out In this follow-up report, dated January 7, '997, to enable the revised Clublink Corporation proposal for the expansion of the existing Cherry Downs golf course to go forward for final planning approvals; AND FURTHER THAT The Town of Pickering, the Region of Durham, the ClubUnk Corporation and the community working group be so advised. RECORDED VOTE Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Maria Augimeri .................................................. Nay Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Victoria Carley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Michael Di Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Eldred King ..................................................... Yea Frank McKechnie ................................................. Yea Jim McMaster ................................................... Yea Richard O'Brien .................................................. Yea Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay Maja Prentice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yea Deborah Sword .................................................. Yea Richard W~itehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nay THE MOTION WAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED BACKGROUND In 1993, the Clublink Corporation submitted a redevelopment proposal for the existing Cherry Downs Golf Course as located within the rural area of the Town of Pickering, Duffin Creek Watershed. This proposal was extensive and included an 18 hole golf course expansion, new clubhouse and a townhouse style, "clustered" residential housing development. The proposal affected lands within and adjacent to two tributary valleys of the Duffin Creek and an Environmentally Significant Area. A347 Authority Meeting #12/96, January 24, 1997 Authority staff completed an extensive review of the 1993 Clublink proposal which resulted in substantive design modifications. In January 1996, staff forwarded a report, through the Water and Related Land Management Advisory Board (WRLMAB), recommending Authority approval-in-principle of the modified development concept and set out a series of conditions to be satisfied for final approval. At the time that the Board considered the report, Council of the Town of Pickering had not yet finalized their position on the proposal. At the Board meeting, concerns were raised both by Authority members and concerned citizens, particularly as related to environmental impacts associated with the residential component of the proposal. Approval-in-principle was not endorsed. Prior to the Authority's consideration of the WRLMAB's recommendation, Council of The Town of Pickering resolved that the Clublink proposal was not supported. Authority staff prepared a supplementary report for Authority consideration, such that at Authority Meeting #12/95 held January 26th, 1996, Res.#A299/95 was adopted as follows: -rHA T staff be directed to monitor the Cherry Downs Development applications and to report at an appropriate future date on the status of the applications and Authority interests related to the same.. AMENDMENT Res. 300/95 -rHA T staff be directed to continue to hold dialogue with members of the public on the application.. THE AMENDMENT WAS....................................................................... .CARRIED THE MAIN MOTION, AS AMENDED, WAS...............................................CARRIED In response to the January 1996 decision of Pickering Council, Clublink Corporation revised their development application to eliminate the proposed residential development and resubmitted the revised planning applications for review and approval. Clublink is still proposing an 18 hole golf course expansion with related services(ie. New clubhouse, septic system, water taking and irrigation) which requires a local zoning bylaw amendment and minister's zoning order amendment. Regional and Local Official Plan Amendments and Subdivision applications are no longer required. In July 1996, the revised application was circulated to the MTRCA for comment. At a public meeting on the revised application, the local residents requested that a working group be established to review the revised proposal and suggested that the group involve representatives from Clublink, the Town, MTRCA staff and representatives from the community. In October and November, MTRCA staff participated in a series of workshops at the Town of Pickering. Through discussions at the workshops, correspondence between the consultants and MTRCA, and site visits, Authority and Town staff resolved all outstanding technical issues at the conceptual level with the proposal for the golf course expansion including objectives for public access. The residents still expressed some concern, particularly with the existing on-line pond which is proposed to remain, the impacts of the water taking scheme and the closing of the 14th sideline, a Town of Pickering matter. Authority Meeting '12/96, January 24, 1997 A348 Status of Planning Applications On December, 2nd 1996, the revised Clublink applications wer~ approved by the Town of Pickering Council with a number of conditions attached. These conditions are to be satisfied prior to approval of the final implementing zoning by-law for the golf course. The conditions recognize Authority interests as identified by MTRCA staff and discussed at the community workgroup meetings. Conditions which relate to the MTRCA interests are: 1.0 That the owners enter into a development agreement with the Town, to be registered on title to the lands, which shall include provisions addressing the following matters: (i) a requirement that, before constructing the proposed golf course, the owners prepare an environmental management and monitoring program to the satisfaction of the Town in consultation with the MTRCA and community representatives, which shall address such matters as fairway design and construction, erosion and sediment controls, integrated pest management, natural area management, education and monitoring; (ii) appropriate provisions to require the owner to carry out the recommendations of the Environmental Management and Monitoring Program such as performance bonds and right-of-access to undertake the works, if necessary, as well as distribute the results of the monitoring for review by interested parties including the Town, MTRCA and community representatives; (iii) That the owner obtain conditional site plan approval from the Director of Planning generally based upon the concept plan dated July 2, 1996, and including a trail connection from the north end of the travelled portion of Sideline 14 to the hiking trail, the second irrigation pond as an .off-line. pond, as well as the identification of the boundary of lands to be included within the open space-hazard land, agriculture, and golf course zones. In addition, an .open ended. condition has been incorporated which allows for the Town to add any other matter as seen necessary prior to the approval of the implementing zoning by- law. A349 Authority Meeting '12/96, January 24, 1997 Revised Qublink Corporation Proposal The changes proposed by the revised application are summariz~d as follows: Golf Course Expansion and Residential Golf Course Expansion only Development Proposed Gray Water Lagoon. Irrigation to Gray Water Lagoon not required. Irrigation golf course proposed from Gray Water for golf corse proposed by additional water Lagoon, water taking from Michell Creek taking from Michell Creek and Ground and Ground Water Supply. Water Supply as a contingency. New off-line storage pond required. Modifications proposed to the existing large on-line pond to improve aquatic habitat. Two smaller on-line ponds removed. 5 Storm Water Ponds Not Required Communal Septic System for Residences Septic System and tile field for Clubhouse Extensive rehabilitation of Riparian Zone Extensive rehabilitation of Riparian Zone within the existing golf course, and within the existing golf course, and additional planting on the tablelands on additional planting on the tablelands on Sideline 12 adjacent to Claremont field Sideline 12 adjacent to Claremont field centre. centre. New plant nursery proposed within the tableland block on the 12th Sideline adjacent to Claremont. POLICY RATIONALE AND ANALYSIS Golf Courae Layout I Regeneration The configuration of the proposed golf course expansion is identical in layout to the golf course design recommended for approval-in-principle by the Authority in January 1996. As agreed with the applicant at that time, only four holes are proposed to cross the Valleylands: two on Michell Creek and two on Spring Creek. In our report to the WRLMAB in January 1996, staff noted that the golf course configuration met MTRCA requirements for protection of the Environmentally Significant Area, did not impact on the control of flooding, did not impact on slope stability and on the erosion zone for Spring Creek and Michell Creek. In addition, the applicant's proposal to conduct extensive plantings within the riparian zone of the existing golf course and to replant tableland portions adjacent to the Claremont Field Centre, would enhance existing environmental features and functions on site. Note: Members can refer to the January 19, 1996 Authority staff report to the WRLMAB (meeting #7/95) which sets out a detailed analysis of the golf course layout design In relation to the hazard lands and natural heritage features and functions. Authority Meetina 112/96, January 24, 1997 A350 The new changes as agreed to by Clublink as part of the revised application and as noted above indude changes to the watertaking scheme, the proposed irrigation ponds, the public access trails, septic system and a proposed nursery. The following analysis and rationale outlines how each of these changes meet the requirements of the Authority's Valley and Stream Corridor Management Program. W... Taking I Irrigation Section 4. 1.2(A}New Resource Based Uses, notes that the Authority encourages the use of Valley and Stream Corridors if the existing features and functions are protected or improved. Section 4. 1.2(B)(4} New Resources Based Uses notes that self sustaining and diverse vegetation communities and associated wildlife should be protected from impairment from proposed activities, such that: i) proposals shall include: - an inventory and evaluation of the aquatic and terrestrial plant and animal communities including functions in terms of existing and potential fish and wildlife habitat, linkages, and riparian functions(species composition, health, vigor and condition) . The watertaking scheme provides an improvement as the current rate of pumping from Michell Creek will be reduced from 300 gallons per minute to 200 gallons per minute. The 200 gallons will be taken over a longer period with less impact on base flow. MTRCA staff have conducted a detailed assessment of information from Gartner Lee Umited augmented with field investigations. This information included the consideration of both the physical and aquatic characteristics of the watercourse, the impacts on the current watertaking scheme, the potential impacts on baseflow conditions, and consideration of the new computerized irrigation system proposed. . The additional storage available in the new ponds provides the opportunity to pump more water and store it during high flow periods, thus reducing impacts on Michell Creek. Based on this analysis staff are satisfied with the water taking scheme. It is anticipated that MOEE will confirm the volumes and rates of withdrawals. Ponds Section 5.4(b)(2} Aquatic Regeneration notes the following for on-line ponds: (2) In the case of On Une Ponds, Appropriate Management Techniques to be used include alteration or removal of on stream barriers to facilitate fish migration and reduce water temperature. . Clublink proposes to construct a new off-line pond in order to increase water storage for irrigation purposes. The existing on-line pond will be altered through the proposed construction of a fish way , the establishment of riparian cover and the construction of a bottom draw. Two existing smaller on-line ponds will be eliminated and the watercourse restored using natural channel design principles. A351 Authority Meeting #12/96, January 24, 1997 . While there is some public objection to any of the existing on-line ponds remaining, the alterations proposed will have a net positive benefit on the environment and will meet the requirements of the Valley and Stream Corridor Management Program. Public Access In accordance with Section 4.1.2(A) New Resource Based Public Uses, the Authority encourages the public use of the valley including local and regional trail systems. Public Use opportunities have been achieved through: . The proposed location of a trail connecting the valley system north and south of the Cherry Downs property. The addition of a new trail alignment connecting the 14th sideline to the proposed north south trail, will enhance public use opportunities. Part of the trail will be designed to allow for equestrian access and will be designed through utilization of the Authority's andlor Town's Trail design standards. AcIcIItioMI Chang.. . A new septic system to service the clubhouse is proposed. This septic system including tile fields will be located entirely on tableland and does not conflict with MTRCA interests. . The addition of a nursery to service the Cherry Downs Golf Course within a section of the proposed rehabilitation block adjacent to Claremont Field Centre is also proposed. This nursery will not detract from the wilderness experience offered to students and other groups who attend programs at the Claremont Field Centre. The nursery will utilize a portion of the tableland which will be screened from Claremont. The nursery lands will be entirely on tableland currently used for agricultural purposes. These lands were originally proposed for residential use. SUMMARY The Town of Pickering has approved the zoning by-law to allow for the golf course development on the Clubllnk Lands at their Council Meeting of December 2nd 1996, with conditions which must be satisfied prior to the Implementing zoning by-law being finalized. Staff is supportive of the conditions placed on the zoning by-law amendment application. Staff is prepared to continue to work with the Town, the applicant and the community to finalize the implementing zoning by- law. Staff is also prepared to review a permit application under Ontario Regulation 158. Aapart of this process, detailed design drawings and a Environmental Management Plan will be finalized to the satisfaction of the Town and the MTRCA in consultation with the community. Report prepared by: Russel Whit., Exl 306 Authority Meeting #12/96, January 24, 1997 A352 MOTION TO REFER RES. #A279/96 Moved by: Maria Augimeri Seconded by: Enrico Pistritto THAT the delegation request from CounciUor Peter U Preti regarding the .... of Authority- owned ......, Iqcated lit Jane Street and Steel.. Avenue Md a propos" to build a mau.cHum, coIombarium and cremartorium on the land be referred to Executiva CommIttee Meeting .13/96, to be held Friday, February 14, 1997: AND FURTHER THAT delegation requests fr~m Ishw... Bisram, V~eaident of Y GrIt ConcIominium .206, Guido DeRose, President Hullmar North Homeowners Association, Patrice Shaw. Ch8irlPresldent Hullmar South Homeown.... Association and Frenca Guadagnolo, PresIdent of. the Finch North Homeown.. Association, also be referred to Executiva CommIttee Meeting .13/96, to be held Friday, February 14, 1997. ... CARRIED A353 Authority Meeting #12/96, January 24, 1997 RES. #A280/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Rood Plain Component, Humber River Watershed Highway 27 - Langstaff Holdings Inc. Property CFN 128325. Purchase of property, located south of Rutherford Road, west of Islington Avenue, in the City of Vaughan, under the wGreenspace Protection And Acquisition Project 1996-2000, Flood Plain and Conservation Component - Humber River Watershedw. (Executive Committee Res. IB201/96) Moved by: Maja Prentice Seconded by: Paul Palleschi THAT O. '5 acres, more or less, consisting of en Irregular shaped parcel of vacant lend, be purchued from Highway 27- Langstaff Holdings Inc., said ....d being Part Lot 12, Concession 8, City of Vaugh..., Regional Municipality of York, ...d further described as the whole of Block 26, Plan 65M-, consisting of ....d fronting on the east side of Hwy II 27, north of Lengstaff Road: THAT consideration is to be the nominal sum of $2.00; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers end Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses lncu"ed incidental to the closing for I.... trMsfer tax, legal costs ...d disbursements are to be paid: AND FURTHER THAT the appropriate Authority officials be authorized end directed to execute all neeelsary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting '12/96, January 24, 1997 A354 RES. #A281/96 - GREENSPACE PROTECTION AND ACQUISmON PROJECT, 1996-2000 Flood Plain Component Highland Creek Watershed Aragon (Pony Trail) Development (Ontario) Corporation Purchase of property, located on the west side of Galloway Road, north of Lawrence Avenue, City of Scarborough, Municipality of Metropolitan Toronto, under the wGreenspace Protection and Acquisition Project 1996-2000, Flood Plain and Conservation Component - Highland Creek Watershedw. (Executive Committee Res. 'B202/96) Moved by: Maja Prentice Seconded by: Paul Palleschi THAT 0.368 acr.., more or ...., consisting of .. Irreg..... Ihaped parcel of vKMt ....., lie purchued from Aragon (Pony Trail) Development (Ontario) Corporation, said a.ncI being PM of Lot 13, ConcessIon 1, City of Scarborough, Municipality of MetropolitM Toronto Md deIignatad .. Part 2 on . draft Refer...ce Plan prepared by R. Avis Surveying Inc. IM1der their project No. 1277-1, consisting of I..d situate on the weat .de on Galloway Roed, north of LawrMCe Av...ue; THAT consideration is to be the nominal sum of $2.00; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easam...ts; THAT Gardiner Roberta, Barrister. and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable exp...... Incurred ineld...taI to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A355 Authority Meeting #12/96, January 24, 1997 RES. #A282196 - FORMER MINISTRY OF NATURAL RESOURCES LANDS, MAPLE Decision to proceed with negotiations for acquisition of all or part of the lands. (Executive Committee Res. 18212/96) Moved by: Richard Whitehead Seconded by: Eldred King THAT ,,~ to the epprovel by the Reglonel MunIcipality of York Md the City of V......, stall be directed to develop a project for the acquisition of the former Ministry of Natur8I Resources Landa at Maple including an appropriate cost sharing formula; AND FURTHER THAT staff be directed to negotiate with the Ontario Realty Corporation (ORC) to secure an acquisition agreement. AMENDMENT RES. #A283/96 Moved by: Richard Whitehead Seconded by: Eldred King THAT the Chair of the Authority advise the appropriate political representatives of the Province of Ontario of the environmental significance of this property and request their assistance In ensuing that It be retained in public ownership. THE AMENDMENT WAS ........................................ CARRIED THE MAIN MOTION, AS AMENDED, WAS. . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A284/96- SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Randy Barber Seconded by: Lorna Bissell THAT Section U, of Executive Committee Minutes #12/96, held January 10, 1997, with the exception of the Lake Ontario Waterfront/Surplus Land Disposal process, RougeIRoaebank Convnunity, be received.. ....................................... CARRIED Authority Meeting 112/96, January 24, 1997 A356 Section U Items include: Etobicoke Motel Strip Park Plan - (Executive Committee Res. I~203/96) Lake Ontario Waterfront Regeneration Project in the Region of Durham, 1996 Greenspace Protection and Acquisition Project 1996-200 - Lake Ontario Waterfront, James McKean Property - (Executive Committee Res. 18204/96) Attendance at an Ontario Municipal 80ard Hearing - A3 Community (187-89104, Town of Ajax - (Executive Committee Res. 18206/96) Applications for Permits Pursuant to Ontario Regulation 158 - (Executive Committee Res. 18208/96, 18209/96) Office Supplies and Paper Tenders (Executive Committee Res. 18210/96) Write-off of Outstanding Invoice (Executive Committee Res. 18211/96) RES. #A285/96 - LAKE ONTARIO WATERFRONT I SURPLUS LAND DISPOSAL PROCESS Moved by: Maja Prentice Seconded by: Paul Raina THAT Lake Ontario Waterfront I Surplus Land Disposal Process, RougeJRosebenk Cornnu1ity, . Section II Item of Executive Committee Minutes #12/96, held January 10, 1997, be received.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CA.RRIED A367 Authority Meeting #12/96, January 24, 1997 AI=~. .A296/96 - RULES OF CONDUCT Amendments to the Rules Of Conduct are necessary as a result of the decision of the Authority, 'A240/96, December 20th, 1996, and as a result of organizational changes. (FaA Res. 'F23/96) Moved by: Patrick Abtan Seconded by: Randy Barber THAT the Rules of Conduct be amended as set out in the staff report dated December 30th, 1996; AND FURTHER THAT. consoUdated version of the RuI.. Of Conduct ..tlded, ..... of ~. '997.,beap~oved. ............................... ..... ~ RES. #A287/96- TERMS OF REFERENCE Finance and Business Development Advisory Board As a result of changes agreed to by the Authority at its meeting December 20, 1996, the Finance and Administration Advisory Board must consider new terms of reference. (FaA Res. 'F24/96) Moved by: Eldred King Seconded by: Paul Palleschi THAT the revised terms of reference for the reconstituted Finance and Business Development Advisory Board be approved as follows: To Initiate, study, report on, and recommend 8 comprehensive progrwn of......., peraoruMII and edminiatrative management for the Authority, and, without restricting the foregoing, the specific terms of reference shall include: . budget policy, guidelines and annual recommendations . banking end insurance policy . purchuing policy . -.dit end legal . business developmMt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting '12/96, January 24, 1997 A358 RES. #A288/96 - MUNICIPAL WATER BILL Investigation into the use of municipal water bill revenue as a source of funding for certain MTRCA programs. (W &RLM Res. ID82/96) Moved by: Lois Hancey Seconded by: Eldred King THAT the staff report, dated December 17, 1996, be received; THAT staff be directed to work with Metro staff to investigate which MTRCA programs might properly be charged to the water rates; AND FURTHER THAT staff coordinate efforta in this regard with thou of neighbouring conservation euthorities end the Regional Municipalities of Peel, York end Durham. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CA.ARIED DON WATERSHED REPORT CARD A verbal report by Adele Freeman, Don/Highland Watershed Specialist. Withdrawn by staff. RES. #A289/96 - DON WATERSHED REGENERATION COUNCIL The minutes of Meeting #7/96 of November 28, 1996 of the Don Watershed Regeneration Council is provided for information. (W &RLM Res. #Da3/96) Moved by: Donna Patterson Seconded by: Lorna Bissell THAT the minutes of the Don Watershed Regeneration Council, Meeting 117/96 held November 28, 1996, be received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A359 Authority Meeting #12/96, January 24, 1997 ManON AI=~_ M.4,gO/96 Moved by Jim McMaster Seconded by: Randy Barber THAT the delegation request from Mr. George Charitou, speaking on behalf of Mr. Remita, regarding the King-Vaughan Complax Environmentally Significant Area (ESA) be g,..ted. ................................................. CARRIED ManON TO REFER RES. #A291/96 - KING-VAUGHAN COMPLEX ENVIRONMENTALLY SIGNIFICANT AREA (ESA) The adoption of the new King-Vaughan Complex ESA. (W &RLM Res. 'Da1/96) Moved by: Eldred King Seconded by: Randy Barber THAT the King-Vaughan Complax Environmentally Significant Area (ESA) item be referred beck to staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting 112/96, January 24, 1997 A360 NEW BUSINESS RES. #A29219& - PROJECT FOR THE ACQUISITION OF THE AL TONA FOREST ENVIRONMENT ALLY SIGNIFICANT AREA Paul and Barbara Rivett Property Proposal to complete the purchase of Paul and Barbara Rivett property authorized at Authority Meeting 13/96, held on April 24, 1996. Moved by: Paul Raina Seconded by: Lois Hancey THAT WHEREAS the Authority Is in the process of disposing of lends in the AocIcI Av.,.,. ..... In the Town of Pickering; AND WHEREAS the Authority Is attempting to complete the acquisition of the Paul end ...... Rivett property In the Town of Pickering; THAT .Ibjed to cert8in parcel. being available at the end of Phase U of the Rodd Avenue c1itpOUl proceu ..d prior to offering the lands for sale to the general pubUc, dud the Authority attempt to enter into an exchange of land with Paul and Barbara Rivett; AND FURTHER THAT ell other conditions as approved at Meeting 113/96 under Resolution 1'50/96 r8ln8ln ill effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED BACKGROUND At meeting #3/96, held on April 24, 1996, the Authority adopted Resolution '50/96 as follows: THA T Resolution 186/95, adopted by the Members of the Authority at Meeting '3/95 held on April 28, 1995, be rescinded and the following be approved; THA T 1.2 acres, more or less, be purchased from Peul and Barbara Rivett, said land being a triangular shaped parcel of land being Pert of Lot 31, Concession " Town of Pickering, Regional Municipality of Durham, fronting on the west side of Rosebank Road, south of Finch A venue East; THAT the purchase price be the sum of 1213,000.00, plus payment of vendor's legal costs, together with interest at the rate of 8% per annum, from June 15, 1995, to the date of closing on any unpaid balance; THA T the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THA T the tentative agreement at hand is conditional on the Authority obtaining the necessary funds to complete the purchase of the property, prior to December 31, 1996; THA T in the event the purchase of the property cannot be completed prior to December 31, 1996, the Authority will pay legal costs up to a maximum of 13000.00 and the deposit shall remain at 1100.00 ; A361 Authority Meeting '12196, January 24, 1997 THA T Gardinsr, Roberts, Barristers and Solicitors, be instructed to complete the trsnssction at the tNlrliest possible date. All relJSonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THA T the appropriate Authority officials be authorized and directed to execute a/l neC8SS8Ty documentation required and obtain any additionalspprovals required. At meeting 1 12/96, held on January 10, 1997, the Members of the Executive Committee received the report on the disposal process for the surplus lands in the Rood Avenue area and staff are in the process of implementing the sale process as set out in the staff report. The Altona Forest Environmentally Significant Area consisting of 53 hectares( 131 acres), more or less is situate in the Town of Pickering in the Regional Municipality of Durham. The forest is located south of Finch Avenue East, between Rosebank and Altona Roads. It was identified as ESA No. 95 by the MTRCA in the 1982 Environmentally Significant Areas Study and in the updated ESA Report, 1992. In response to a growing concern that the Altona Forest would be developed, the Authority adopted a project to acquire the properties at Authority Meeting 13/93, held on April 23, 1993. An Ontario Municipal Board Hearing (OMS) was held during March 1994, to deal with a number of development applications, with Authority staff and solicitors taking a major role to preserve a sustainable portion of the Altona Forest. As a result of the hearing, the applications were deferred by the OMS for two years, pending the Authority's completion of the acquisition of the properties. The owners are entitled to reapply to the OMS to secure a final order with respect to the appropriate official plan designation of their property, if their property is not purchased by the MTRCA prior to April 30 1996. A total of approximately 49.2 hectares, has been acquired to date, at a total cost of $11,857,600 that includes the Spiers property donation. Two parcels remain to be acquired to complete the Project. The Poling lands, adjacent to Altona, do not need to be acquired at this time since most of the property is designated as open space and there was no application before the OMB. Since the OMS decision, a development application was made to the Town of Pickering, for the Rivett property located at the north end of the Altona Forest, adjacent to the hydro corridor that links the Rouge Park to the Forest. This application has not yet been circulated to commenting agencies. The owners notified the Authority of their intent to make an application to the OMS if the Authority had not purchased their property by the April 30, 1996 deadline. On April 28, 1995, by Resolution #86/95, the Authority approved the acquisition of the Rivett property, subject to the Authority obtaining the necessary funds to complete the purchase of the property. Unfortunately, funds were not available. An extension to the existing agreement was negotiated whereby the agreement at hand was extended to November 30,1996, with a closing date to be on, or before, December 31, 1996. Unfortunately staff was not able to secure the funding required to purchase the Rivett property and the December 31/96 deadline expired without any resolution. As a result the Rivetts have requested and have received a hearing date from the OMS scheduled for January 27, 1997, for an informal hearing to set the directions for proceeding. Staff has negotiated a six month deferral for the OMB hearing subject to the Authority approving the proposed funding strategy and subject to suitable property being Authority Meeting 112/96, January 24, 1997 A362 available at Rodd Avenue. A letter from the solicitor for Paul and Barbara Rivett, outlining the arrangement was received and is attached for your review. . It should be noted at this time, that in the earlier discussions on the Altona Forest Project direction was provided to staff, not to utilize land sale proceeds for the purchase of lands for the Altona Forest Project. It is respectfully requested that in view of the fact that acquisition of the Rivett property will add to the sustainability of the A1tona Forest, that staff have the opportunity of attempting to implement this process as a final effort to complete this acquisition. Officials of the Town of Pickering support the Authority staff in attempting to find a reasonable resolution for the public acquisition of the Rivett property, through the land exchange process. Attached is a plan showing the location of the subject lands. RATIONALE The land being acquired is situate within the approved acquisition boundary of the Project for the Acquisition of the A1tona Forest Environmentally Significant Area. TAXES AND MAINTENANCE Under the approved Project, the Authority is responsible for the management of the Altona Forest. The addition of this property will not have a significant impact on maintenance costs. Taxes on the property are estimated to be $400 per year. FINANCIAL DETAILS The Authority earlier took the position that land sale revenues should not be used to acquire Altona Forest property. To date staff has been unsuccessful in raising funds from other sources for this final acquisition. Therefore, entering into a land exchange would appear to be the only means to achieve the Authority's objective of completing the A1tona Forest assembly. Report prepared by: Ron Dewell, ext. 245 For Information contact: Don Prince, ext. 221 Ron Dewell, ext. 245 A363 Authority Meeting #12/96, January 24, 1997 ...~ - MURRAY STROUD Barristers, Solicitors. Notaries 356 Kingston Road, Murray D. Stroud. aPHE.. LLB. Pickering. Ontario. Ll V lA2 Ronald P. Kaufman, B.A.. LLB. Tel (90S) 509-1353 Fax. (905) 509-2370 Ianuary 16, 1997 The Metropolitan Toronto and Region Conservation Authority S Shoreham Drive ., Downs view, Ontario MAN 154 Attention: Don Prince Dear Sir: . . RE: RIVETTIMTRCA Part Lot 31. Concession 1, Part 2 on Plan 40R-10372 - Pickering Further to our today's meeting in my office with Barbara and Paul Rivett, Don Prince and ROn Dewell, this will confirm that, subject to confirmation from Authority senior staff of approval in principle, I am prepared to recommend that Mr. &. Mrs. Rivett request a six month deferment to Ontario Municipal Board hearing scheduled for Ianuary 27, 1997. (1) The Authority is in the progress of disposing oflands in the Rodd Avenue area. . (2) The process provides for lands to be offered to former owners, tenants and owners with in the project area prior to the general public. (3) Subject to certain parcels still being available, the Authority will attempt to enter into an exchange of lands with Mr. &. Mrs. Rivett prior to offering this lands to the general public. (4) The land exchange as noted in (3) above is to be in lieu of or partial compensation to complete the obligation earlier agreed and to as approved by the members of the Authority on April 26. 1996 by resolution A50/96. All other terms of the agreement and extensions with the Authority are to remain the same and time to be of the essence. Authority Meeting .12/96, January 24, 1997 A364 Please provide confirmation of a coal.O:1itwent from senior Authority staff'to recommend this proposal to the members of the Authority at the meeting of1amwy 25, 199.7 and I will immPtHlIt..Jy advise the Ontario . . a1 Board of the ~~ agreemeii cp :. cc. Mr. ct Mrs. Rivett _ Tom QuDm, Town OlPickaing . . R. RossoW, Gardinei-, Roberts 10sephine Matere, Gardiner; Roberts . . 4'.. .. - ... . ) .' . . ,8-'-' :.: ..' . . . ... .0 . : . 0:.: _; .~. . ... ..... . ~-.. ! . . _.:...~ '. ...._ ~..::~...-"" _ -_" t :-.: ....... ..... ..-:-:"_0."0 pO .....: ~"'.'. .... . .... - ......... '. . ": - .. - . - '. . - . . . . .. . ~ .. ... ". ,'. " I I A365 I Authority Meeting #12/96, Jenuery 24, 1997 I I . , i ~ I i I ,... --'1- _ _ ,...1- __ .4t .. ..-.rtty . ---.... .......-.. - ... ~ -- FINCH AVE. -- RIVETT - . ~ - ... T .R.CA UNOS I ! mnm MEA OF J. MURRAY ~ SPEIRS ECOLOGICAl.. RESERVE 0 . -- a::: ~ MEA OF SPIERS ~ PROPERTY CASSEL ~ DONATED aJ ~ PO'T"ENTh'L FUTtJRE I.LJ ,tCQUISITlONS - -..... en 1 . - 0 , a::: MEA OF RIVETT. I-'~i: ~", PROPERTY TO BE ~""" ACQUIRED I - -. : .-. LTD. .-.- REGIONAL BOUNDJRY - . ! - I - . ........ MUNICIPAL BOUNOAAY - I ~ 0 a:::: < ; sc.tU: Z 0 - I ~ ~ I . ~ .. >> U .. .. DINARDO . REVlSIOtS ~ -~.- --- -,,--.. -.- ,JL - It.D. SHEPPARD AVE. ALToNA FOREST r - AL TCNA FOREST E.S.A. : . /IS NlICATm .... Authority Meeting #12/96, January 24, 1997 A366 MOTION RES. #A293/96 Moved by: Victoria Carley Seconded by: Lois Hancey THAT in the process of finalizing the details associated with the revised Clublink Corporation proposal for the expansion of the existing Cherry Downs Golf Course, staff ensure that The Ministry of Natural Resources, as the delegated Authority for the Federal Fisheries Act, are consulted; AND FURTHER THAT staff take into consideration the discussion that took place at Authority Meeting #12/96, held January 24, 1997. . . . . . . . . . . . . . . . . . . . .. CARRIED MOTION RES. #A294/96 Moved by: Victoria Carley Seconded by: Randy Barber THA T staff be directed to start to consider a process for developing guidelines for the use of irrigation and pesticide use in Authority-owned valley lands for open space developments, such as golf courses or playing fields. . . . . . . . . . . . . . . . . . . . . CARRIED TERMINATION ON MOTION, the meeting terminated at 11 :45 a.m. on January 24, 1997. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI. ~ , the metropolitan toronto and region conservation authority MINUTES OF AUTHORITY MEETING #13/96 Page A367 February 21, 1997 Meeting #13/96 of The Metropolitan Toronto and Region Conservation Authority was held on Friday, February 21, 1997, in the Visitors Centre at Black Creek Pioneer Village. The Chair, Richard O'Brien, called the meeting to order at 10:10 a.m. PRESENT Patrick Abtan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maria Augimeri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Randy Barber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Margaret Black . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member lIa Bossons .................................................. Member Victoria Carley. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Raymond Cho ................................................ Member Michael Oi Biase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Griffin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Lois Hancey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice Chair Brian Harrison ................................................ Member Norman Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Eldred King .................................................. Member Frank McKechnie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Jim McMaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Richard O'Brien ................................................. Chair Gerri Lynn O'Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Palleschi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Donna Patterson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Enrico Pistritto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Maja Prentice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Paul Raina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Bev Salmon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Deborah Sword ............................................... Member Richard Whitehead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member REGRETS Lorna Bissell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member Joan King ................................................... Member Case Ootes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member A368 Authority Meeting #13/96, February 21, 1997 RES. #A295/96 - MINUTES Moved by: Randy Barber Seconded by: Frank McKechnie THAT the minutes of Meeting #12/96, held January 24, 1997, be approved. . .. CARRIED RES. #A296/96 - MEMBERSHIP - THE CONSERVATION FOUNDATION OF GREATER TORONTO Renewal of Members - Kenneth A. Smee The Conservation Foundation of Greater Toronto appoints members for a three year term. (Executive Committee Res. #B218/96) Moved by: Eldred King Seconded by: Michael Oi Biase THA T the membership renewal of Kenneth A. Smee be approved for a three year term, December 20, 1996 to December 19, 1999. . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A297/96 - MEMBERSHIP - THE CONSERVATION FOUNDATION OF GREATER TORONTO Appointment of Members - Gordon J. Joyce The Conservation Foundation of Greater Toronto appoints members for a three year term. (Executive Committee Res. #B219/96) Moved by: Eldred King Seconded by:; Michael Di Biase THAT the membership of Gordon J. Joyce be approved for a three year term, January 22, 1997 to January 21, 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #13/96, February 21, 1997 A369 RES. #A298/96 - BLACK CREEK PIONEER VILLAGE Membership Development Grant A resolution from the Authority approved Black Creek Pioneer Village's (BCPV) application to the Ministry of Citizenship, Culture, and Recreation for a grant of $14,100 for membership development. (Executive Committee Res. #B220/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT approval be given to Black Creek Pioneer Village to apply to the Ministry of Citizenship, Culture, and Recreation for a grant under the Strategic Cultural Development Fund; AND FURTHER THAT approval of matching funds of up to $10,100 for this project be provided from Black Creek's donations previously generated and membership revenues generated through this membership development project. . . . . . . . . . . . . . . CARRIED RES. #A299/96 - STATUTORY BORROWING RESOLUTION The Authority's Rules of Conduct require approval annually of a resolution to provide for borrowing of funds, if necessary. (Executive Committee Res. #B221/96) Moved by: Eldred King Seconded by: Michael Oi Biase THAT the Authority may borrow from the Royal Bank of Canada, or the Authority's member municipalities or other institutions as may be specifically approved by the Authority, up to the sum of TEN MILLION DOLLARS ($10,000,000) on the promissory note or notes of the Authority until payment to the Authority of any grants and of sums to be paid to the Authority by participating municipalities designated as such under the Conservation Authorities Act R.S.O. 1990, Chapter 27, at such rate of interest as the Minister of Natural Resources appro,Ves; THAT the amount borrowed pursuant to this resolution, together with interest, be a charge upon the whole of the monies received or to be received by the Authority by way of grants, etc., and when such monies are received, and of sums received or to be received by the Authority from the participating municipalities, as and when such monies are received; AND FURTHER THAT the signing officers of the Authority are hereby authorized to take such action as may be necessary to give effect thereto. . . . . . . . . . . . . . . . . .. CARRIED A370 Authority Meeting #13/96, February 21, 1997 DUFFIN-ROUGE AGRICUL TURAL PRESERVE TOWN OF PICKERING, REGION OF DURHAM The results of discussions with the Ontario Realty Corporation, the Town of Pickering and the Region of Durham with respect to the initiative of the provincial government to sever and sell into private ownership part of the provincially owned land acquired for the former North Pickering project. Withdrawn by staff. GREENSPACE PROTECTION AND ACQUISITION PROJECT 1996-2000 Flood Plain Component, Petticoat Creek and Duffin Creek Watershed Ontario Reatly Corporation (ORC) Withdrawn by staff. RES. #A300/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Lake Ontario Waterfront, Pickering Sector, Hertha Jaworsky Property CFN 2a39a. Purchase of property municipally known as 515 Bella Vista Drive, located in the Rosebank area, in the Town of Pickering. (Executive Committee Res. #B222/96) Moved by: Jim McMaster Seconded by: Paul Raina THAT 0.11 acres, more or less, consisting of a lot, improved with a three bedroom brick bungalow, be purchased from Hertha Jaworsky, said land being Part of Lot 28, Registered Plan 233, in the Town of Pickering, The Regional Municipality of Durham, fronting on Bella Vista Drive in the Rosebank area adjacent to the Roug~ Park; THAT the purchase price be $195,000, together with payment of vendor's reasonable legal costs; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THA T completion of the transaction be subject to The Rouge Park Alliance funding 50% of the purchase price; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; Authority Meeting #13/96, February 21, 1997 A371 continued... AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A301/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Flood Plain and Conservation Component, Duffins Creek Watershed John Scott Martin, CFN 27509. Purchase of a partial taking from a property located on the west side of Greenwood Road, south of Hamlet of Greenwood, Town of Pickering, Regional Municipality of Durham. (Executive Committee Res. #B223/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT 26 acres, more or less, consisting of an irregular shaped parcel of vacant land, be purchased from John Scott Martin, said land being Part of Lots 12 and 13, Concession 5, Town of Pickering, Regional Municipality of Durham; THAT the purchase price be $25,000 together with payment of vendor's reasonable legal costs and an amount not to exceed $6,000.00 to prepare a geotechnical report and obtain an amendment to the Mini$ter's zoning order for this location; THAT the purchase is conditional on the Authority providing at its expense, to the Vendor satisfactory proof that the retained lands can be used as a single family residential lot which includes a geotechnical report and an amendment to the Minister's zoning order; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A372 Authority Meeting #13/96, February 21, 1997 RES. #A302/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT 1996-2000 Flood Plain and Conservation Component, Mimico Creek Watershed Zanini Developments Limited, CFN 2a400. Purchase of property located in the vicinity of 7 Brussels Street, North of the Queen Elizabeth Way, City of Etobicoke, under the "Greenspace Protection and Acquisition Project 1996-2000" Flood Plain and Conservation Component, Mimico Creek Watershed. (Executive Committee Res. #B224/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT 0.285 acres, more or less, be purchased from Zanini Developments Inc., said land consisting of an irregular shaped parcel of land being Part of Lots 266 to 271, Registered Plan M-171, City of Etobicoke, Municipality of Metropolitan Toronto and designated as Parts 1 and 3 on a Draft Plan of Survey prepared by David Horwood Limited under their Project No. 3680; THAT the purchase price be $2.00; THA T the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #13/96, February 21, 1997 A373 RES. #A303/96 - GREENSPACE PROTECTION AND ACQUISITION PROJECT 1996-2000 Flood Plain and Conservation Component Humber River Watershed. Poplar Oaks Land Development Corporation CFN 26757. Purchase of property located in the vicinity of Upwoods Avenue and west of Black Creek Drive, City of North York, under the "Greenspace Protection and Acquisition Project 1996-2000" Flood Plain and Conservation Component, Humber River Watershed. (Executive Committee Res. #8225/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT 0.394 acres, more or less, be purchased from Poplar Oaks Land Development Corporation, said land consisting of an irregular shaped parcel of land being Part of Block A, Registered Plan 2525, City of North York, Municipality of Metropolitan Toronto and designated as Block 13 on a Draft Plan of Subdivision prepared by T empleton-Lepek Limited under their file no. 655; THAT the purchase price be $2.00; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner, Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to closing for lal1d transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A374 Authority Meeting #13/96, February 21, 1997 RES. #A304/96 - SALE OF LANDNICINITY OF 49 THORNCLlFFE PARK DRIVE Borough of East York, Goldlist Development Corporation CFN 2660a. In receipt of a request from The Metropolitan Toronto Encroachment Review Committee, staff explore the possibility of a sale of small fragments of tableland in the Don River Watershed. (Executive Committee Res. #B226/96) Moved by: Eldred King Seconded by: Michael Di Biase WHEREAS The Metropolitan Toronto and Region Conservation Authority, is in receipt of a request from The Metropolitan Toronto Encroachment Review Committee, to proceed with a sale of small fragments of Authority-owned tableland, situate adjacent to 49 Thorncliffe Park Drive, Borough of East York in The Municipality of Metropolitan Toronto; AND WHEREAS it is the opinion of the Authority that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to complete a sale to Goldlist Development Corporation; THAT a small fragment of Authority-owned tableland containing 0.0015 acres, more or less, be sold to Goldlist Development Corporation, said land being Block V A, Registered Plan M-736, Borough of East York, Municipality of Metropolitan Toronto; THAT the Authority request the approval of The Minister of Natural Resources to complete the sale of the subject land on the following terms and conditions: (a) The sale price is to be the sum of $5,000; (b) Goldlist Development Corporation is to pay the costs for legal, appraisal and survey and must obtain the approval of the land Division Committee of the Borough of East York; (c) Completion of this sale will be subject to any Planning Act approvals that may be required for the severance. Any additional planning approvals which the purchaser may desire, or the municipality requires, will be at the expense of the purchaser; (d) The transaction is to be completed at the earliest possible date with payment in full, being made to the Authority on closing. THAT the sale be subject to the approval of the Minister of Natural Resources in accordance with Section 21 (2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended; AND FURTHER THAT appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. . . . . . . . . . . . . . . . . CARRIED Authority Meeting #13/96, February 21, 1997 A375 RES. #A305/96 - THE MUNICIPALITY OF METROPOLITAN TORONTO V ALLEY AND SHORELINE REGEN ERA TION PROJECT, 1992-1996 GREENSPACE PROTECTION AND ACQUISITION PROJECT, 1996-2000 Lake Ontario Waterfront, Scarborough Sector The Estate of Bertha M. Yates, CFN 121a2 Purchase of property municipally known as 71 Chesterton Shores, located in the City of Scarborough, Municipality of Metropolitan Toronto. (Executive Committee Res. #B227/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT 0.52 acres, more or less, consisting of a rectangular shaped parcel of land, improved with a wood frame bungalow and a storage shed, be purchased from The Estate of Bertha M. Yates, said land being Part of Lot 35, Range 1, Broken Front Concession, formerly in the Township of Pickering, now in the City of Scarborough, Municipality of Metropolitan Toronto and designated as Part 9 on Plan 40R-1462; THAT the purchase price be $220,000 together with payment of vendor's reasonable legal costs; THAT the Authority receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs and disbursements are to be paid; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . . . CARRIED A376 Authority Meeting #13/96, February 21, 1997 RES. #A306/96 - DON V ALLEY BRICKWORKS REGENE.RA TION PROJECT Quarry Boardwalk, Don Valley Brickworks Award of contract to construct boardwalks across the quarry wetland complex at the Don Valley Brick Works Site, in the Borough of East York. (Executive Committee Res. #228/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT The Tender Sub-committee Report for boardwalk and metal railings work, dated February 3, 1997, be received; AND FURTHER THAT Hobden Construction Company Ltd. be awarded the contract to construct boardwalks across the quarry wetland complex at the Don Valley Brickworks Site, for the amount of $155,899 (excluding G.S.T.). . . . . . . . . . . . . . . . . . .. CARRIED RES. #A307/96 - REQUEST TO AMEND A PERMANENT EASEMENT Brampton Hydro-Electric Commission and The Corporation of the City of Brampton, CFN 26535. Receipt of a request from the Brampton Hydro-Electric Commission and The Corporation of the City of Brampton to amend a permanent easement to allow for the construction of an underground hydro line on the west side of Goreway Drive, north of Highway #7, City of Brampton. (Executive Committee Res. #B229/96) Moved by: Eldred King Seconded by: Michael Di Biase THAT Resolution #A331 195 adopted by the members of the Authority at meeting #13/95 held on February 23, 1996 be amended to allow for the construction of an underground hydro line in the permanent easement containing 0.07 hectares (0.17 acres) said lands being Part of Lot 8, Concession 7, Northern Division, City of Brampton, Regional Municipality of Peel; AND FURTHER THAT the consideration to amend the use of the permanent easement be $1,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARRIED Authority Meeting #13/96, February 21, 1997 A377 RES. #A308/96 - LICENCE AGREEMENT WITH THE MUNICIPALITY OF METROPOLITAN TORONTO Duffins Creek Watershed, CFN 2a423 Entering into a licence agreement for a five year term with The Municipality of Metropolitan Toronto to facilitate the construction of a stream gauge located on the Metro Brock North Landfill site, Town of Pickering, Regional Municipality of Durham. (Executive Committee Res. #B230/96) Moved by: Eldred King Seconded by: Michael Di Biase THA T the Authority enter into a licence agreement with The Municipality of Metropolitan Toronto for construction and use of a stream gauge, by the Authority on a parcel of land owned by Metro containing 0.005 acres, more or less, said land being Part of Lot 14, Concession 5, Town of Pickering, Re.gional Municipality of Durham; THAT the term of the licence agreement be five years with a further five year option to renew and the right to terminate upon six months notice; THAT the payment be a nominal consideration of $2.00; AND FURTHER THAT the appropriate Authority officials be authorized and directed to execute all necessary documentation required. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED A378 Authority Meeting #13/96, February 21, 1997 RES. #A309/96 - RESTRUCTURING OF THE CONSERVATION FOUNDATION OF GREATER TORONTO In order to meet the fundraising needs of the Authority, it is necessary to restructure The Conservation Foundation of Greater Toronto, to improve its capabilities and effectiveness. (Executive Committee Res. #B231/96) Moved by: Eldred King Seconded by: Margaret Black THAT the restructuring of The Conservation Foundation of Greater Toronto, as recently approved by their Board of Directors, be supported; THA T the Authority approve the establishment of a new Development Unit reporting to the Chief Administrative Officer of the Authority; THAT the current staff of The Conservation Foundation of Greater Toronto be transferred to the new Development Unit, effective March 1, 1997; THAT the operating costs of the Development Unit, including the current staff costs, continue to be funded by The Conservation Foundation at a level not to exceed its 1997 General Purpose Fund allocation; AND FURTHER THAT the Authority, in conjunction with The Conservation Foundation, recruit and fund a skilled professional to head the Development Unit, subject to funding being available through the 1997 budget approval process, with the objective that within the time frame of the Authority's three year Business Plan, the entire operating costs of the Development Unit will be recovered from a percentage of the funds jointly raised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #13/96, February 21, 1997 A379 RES. #A310/96 - BOLTON ARTERIAL ROADS ENVIRONMENTAL ASSESSMENT, TOWN OF CALEDON, REGION OF PEEL A proposal by the Town of Caledon to construct the Bolton Arterial Road as a bypass to the Bolton urban area and its potential impacts on Authority lands, policies and programs. (Executive Committee Res. #8232/96) Moved by: Eldred King Seconded by: Michael Di Biase THA T the staff report, dated February 7, 1997, concerning the review of the Bolton Arterial Roads Environmental Assessment, Town of Caledon, be received; THAT, unless there are further modifications to the final Environmental Assessment document, the Town of Caledon and the Minister of the Environment and Energy (MOEE) be advised that the north east and north west components of the Recommended Transportation Network will have: . significant impacts on the landform features and functions of the Humber River Watershed; . significant impacts on the management and operation of the Authority's Bolton Resource Management Tract; AND FURTHER THAT, therefore, The Metropolitan Toronto and Region Conservation Authority cannot support these components of the project. . . . . . . . . . . . . . .. CARRIED RES. #A311/96- SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Jim McMaster Seconded by: Brian Harrison THAT Section II, of Executive Committee Minutes #13/96, held February 14, 1997, with the exception of the Request for Disposal of Authority-owned land, adjacent to 6990 Goreway Drive, in the City of Mississauga, and Agricultural Non Point Source (AGNPS) Model Project, be received.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Section II items include: Project for the Acquisition of the Former Ministry of Natural Resources Lands City of Vaughan - Executive Committee Res. #B233/96, #B234/96, #B235/96 Bruce's Mill Conservation Area - Outdoor concerts - Executive Committee Res. #B237/96 Applications for Permits Pursuant to Ontario Regulation 1 5a - Executive Committee Res. #B239/96, #B240/96, #8241/96. Amendments to the Conservation Authorities Act and Regulations as a result of the Provincial "Red Tape Review" - Executive Committee Res. #8244/96) A380 Authority Meeting #13/96, February 21, 1997 MOTION TO DEFER RES. #A312/96 - SECTION II - REQUEST FOR DISPOSAL OF AUTHORITY- OWNED LAND Adjacent to No. 6990 Goreway Drive, City of Mississauga Mimico Creek Watershed. CFN 10999 (Executive Committee Res. #8236/96) Moved by: Frank McKechnie Seconded by: Patrick Abtan THA T the Request for Disposal of Authority-Owned Land, Adjacent to No. 6990 Goreway Drive, City of Mississauga, Mimico Creek Watershed be deferred until discussions have took place between Councillor Frank McKechnie and officials from the City of Mississauga and the Metro Region Conservation Authority. . . . . . . . . . . . . . . . . . . . . . . .. CARRIED RES. #A313/96 - SECTION II - AGRICUL TURAL NON POINT SOURCE (AGNPS) MODEL PROJECT, TRAINING -EXECUTIVE COMMITTEE RES. #8238/96 Moved by: Eldred King Seconded by: Lois Hancey THA T Section II, Executive Committee Agricultural Non Point Source (AGNPS) Model Project, be received.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CARRIED Authority Meeting #13/96, February 21, 1997 A381 NEW BUSINESS MOTION RES. #A314/96 Moved by: Deborah Sword Seconded by: Randy Barber THAT Authority staff use all opportunities, such as a request for a permanent easement and other available opportunities to create a culture of conservation, in all our constituencies to educate and exert influence in favour of conservation and rehabilitation on behalf of the environment. .................................... CARRIED TERMINA TION ON MOTION, the meeting terminated at 10:30 a.m. on February 21, 1997. Richard O'Brien J. Craig Mather Chair Secretary-Treasurer pI.