AGENDA - Special Council - 20050721r
SPECIAL COUNCIL
AGENDA
N0.05-26
THURSDAY, DULY 211 2005
9:00 A.M.
HOLLAND
AURORA TOWN NALL
PUBLIC RELEASE
19/07/05
TOWN OF AURORA
SPECIAL COUNCIL MEETING
AGENDA
NO. 05-26
Thursday, July 21, 2005
9:00 a.m.
Holland Room
I DECLARATIONS OF PECUNIARY INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
111 DELEGATIONS
Mr. Aasit Amin (D-1)
Re: Item 1 - PL05-063 — Implementing Zoning By-law and Site Plan
15018 Yonge Street, Files D14-11-03, D11-09-05
IV ITEMS FOR DISCUSSION
1. PL05-063 — Implementing Zoning By-law and Site Plan Delegation (pg. 1)
Aasit & Rajendra Amin
Lot 6, Plan 131
15018 Yonge Street
Files D14-11-03, Dll-09-05
RECOMMENDED:
THAT Council provide direction on this matter.
Special Council Meeting No. 05-26
Thursday, July 21, 2005
Page 2 of 3
2.
3.
C�
A
LS05-049 — Award of Tender LS2005-60
Construction of the New Wellington Street Fire Hall
RECOMMENDED:
(pg. 13)
THAT Council award Tender LS2005-60 for the construction of the new
Wellington Street Fire Hall to BWK Construction Company Limited in the
amount of $1,800,000; and
THAT Council approve additional funding in the amount of $180,000 from
the Municipal Capital Reserve.
LS05-050 — RFP LS2005-59 Town Hall Audio Visual System (pg. 24)
Replacement
RECOMMENDED:
THAT Council award the Request for Proposal LS2005-59 to Duocom
Canada Inc. for the Town Hall Council Chambers audio/visual system
removal and replacement in the amount of $132,500.
LS05-051 — Public/Private Partnership - Soccer Bubble (pg. 27)
RECOMMENDED:
THAT the Mayor and Municipal Clerk be authorized to sign the Agreement
between the Town of Aurora and 1651883 Ontario Inc. operating as
Aurora Sports Dome; and
THAT $50,000 be allocated from the Municipal Capital Reserve for the
installation of hydro, water, gas and sanitary services to the site.
READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-laws be given 1 st, 2nd and 3rd readings, and
enacted:
4685-05.D BEING A BY-LAW to amend (pg. B-1)
By-law No. 2213-78, as
amended, being the Zoning
By-law of the Town of Aurora.
(15018 Yonge Street
File D14-11-03)
Special Council Meeting No. 05-26
Thursday, July 21, 2005
Page 3 of 3
4690.05.0 BEING A BY-LAW to (pg. B-2)
confirm actions by Council
resulting from the special
meeting of July 21, 2005.
V1 ADJOURNMENT
SPECIAL COUNCIL — JULY 21, 2005
CALEAR'TH
INTERNATIONAL
DEVELOPMENT INC.
7240 Woodbine Ave., Suite 215
Markham, Ontario, Canada, L3R IA4
Tel: 416 721 1016 Fax: 416 512 1575
Date: 05 07 14
To: Kerry Eastwood, Clerk From: Gerry Mintz
Co./ Dept Town of Aurora Co. Calearth Intemational Dev. Inc.
Phone # Phone # (416) 721-1016
Fax 9 905 726 4732 Fax # (416) 512-1575
TOTAL PAGES being transmitted, including this page 2
Re: 15018 Yonge Street, Aurora
Hello Kerry:
Enclosed is the letter of this date requesting that the undersigned and the owner, Mr. Aasit Amin, be
granted delegation status at this special Council meeting, to be held on July 21, 2005 at 9:00am in the
Holland Room. Thank you.
Please call Gerry Mintz at (416) 721-1016 or if there are any difficulties with the transmission.
CALEARTH INTERNATIONAL DEVELOPMENT INC
Consulting Engineers and Project Managers
,orGerry Mintz, P.Eng.
Principal Engineer
Encl.
Rd fox to Town 05 07 14
D - 1
SPECIAL COUNCIL - JULY 21, 2005
EXTRACT FROM COUNCIL MEETING NO. 05-25
HELD ON TUESDAY, JULY 12, 2005
8. PL05-063 - Implementing Zoning By-law and Site Plan Delegation
Aasit & Rajendra Amin
Lot 6, Plan 131
15018 Yonge Street
Files D14-11-03, D11-09-05
Moved by Councillor Kean
Seconded by Councillor Morris
THAT the provisions of the Procedural By-law be waived and that Mr. Gerry
Mintz, Principal Engineer Calearth International Development, be permitted to
address Council to respond to questions.
CARRIED
Moved by Councillor Vrancic
Seconded by Councillor Wallace
THAT Council direct staff to modify By-law 4685-05.D to reduce the
required parking spaces from nine (9) to seven (7), thus eliminating the
Yonge Street parking and retaining the proposed uses; and
THAT Council direct staff to re -draft By-law 4685-05.D, to reflect a lower number
of parking spaces and reduced scope of permitted uses (File D14-11-03); and
THAT, subject to the zoning by-law coming into force, the conveyance of a
daylight triangle to the Town, the resolution of stormwater management issues,
and a satisfactory review by the Site Plan Committee, the Director of Planning be
authorized to execute a Site Plan Agreement between Aasit and Rajendra Amin,
and the Town of Aurora respecting the expansion of the existing parking lot (File
DI 1-09-05).
W1[ OWN
-1-
SPECIAL COUNCIL - JULY 21, 2005
TOWN OF AURORA
Council Report No. PL05-063
SUBJECT: Implementing Zoning By-law and Site Plan Delegation
Aasit & Rajendra Amin
Lot 6, Plan 131
15018 Yonge Street
File Numbers: D14-11-03, D11-09-05 CLERK'S DEPAWMENT
FROM: Sue Seibert, Director of Planning
DATE: July 12, 2005
RECOMMENDATIONS
(DDebrrod
( ) Roterred
es -gas
12
THAT, Council determine its position with respect to the removal of the two parking
spaces adjacent to Yonge Street;
THAT, subject to Council's position respecting the parking spaces adjacent to
Yonge Street, Council either approve By-law 4685-05.D, being a site specific
rezoning By-law to amend the Town ofAurora Zoning By-law 2213-78, as amended,
or direct that the By-law be redrafted to reflect a lower number of parking spaces
and reduced scope of permitted uses (File: D14-11-03); and
THAT, subject to the zoning by-law coming into force, the conveyance of a daylight
triangle to the Town, the resolution of stormwater management issues, and a
satisfactory review by the Site Plan Committee, the Director of Planning be
authorized to execute a Site Plan Agreement between Aasit and Rajendra Amin, and
the Town of Aurora respecting the expansion of the existing parking lot (File: D11-
09-05).
BACKGROUND
Location/Land Use
The subject lands are located at 15018 Yonge Street, on the southwest corner of Yonge
Street and Kennedy Street West and are identified legally as Lot 6, Plan 131, as illustrated
on Figure 1. The lands currently contain a two -storey brick building, which was formerly
used as the Abbotsford Animal Hospital. The lands are 578.48 mZ (6226.88 e) in size and
have a frontage of 20.24 metres (66.40 feet) along Yonge Street.
-2-
SPECIAL COUNCIL — JULY 21, 2005
12, 2006
Surrounding Land Use:
To the North: Retail
South: Professional Office
East: Restaurant, Medical,
West: Residential
Official Plan
-2-
Pharmacy and Retail
rt No. PLOS-063
The subject lands are designated "Urban Residential" by the Official Plan, which permits a
full range of housing forms and densities. The Official Plan also contains policies which
allow limited commercial uses, such as small scale professional or business offices, and
studios which are compatible with residential uses in residentially designated structures.
Staff are of the opinion that the subject applications conform to the Official Plan.
Zoning By-law
The subject lands are zoned "Special Mixed Density Residential (R5-3) Exception Zone,"
which permits the ground floor of the existing building to be used for a small animal hospital
provided that not less than five parking spaces are provided on the site and not more than
one veterinary doctor occupies the premises.
The owner had applied to amend the "Special Mixed Density Residential (R5-3) Exception
Zone" to permit the following uses of the subject lands:
• business and professional offices;
retail; and
medical clinics
Public Planning Meeting
At the June 25, 2003 Public Planning Meeting, Council resolved:
"THAT Staff be directed to clarify the outstanding issues pertaining to use required zoning
exceptions and parking prior to the drafting of an implementing by-law; and
THAT the two existing parking spaces on Yonge Street be removed from the design"
PROPOSAL AND COMMENTS
As per Council's resolution, Staff have worked with the applicant to clarify the outstanding
issues pertaining to the proposed uses and zoning exceptions.
—3—
SPECIAL COUNCIL — JULY 21, 2005
July 12, 2005 - 3 - Report No. PL05-063
Parking
As illustrated on Figure 2, the applicant has maximized on site parking supply by proposing
an additional five (5) parking spaces located at the southwest corner of the property. In
order to accommodate said parking spaces, a reduction in the side lot buffer will be
required from 1.5m (5ft) to 0-0.9m (0-3ft) to ensure adequate manoeuvring space is
provided.
On June 14t", 2005, Council approved the recommendations found in Public Works report
No. PL05-021 that in part recommended that the Town forgo the requirement for a 2.5m
road widening along the Kennedy Street West flankage of 15018 Yonge Street. As a result
the site plan application as presented illustrates a maximum of ten (10) parking spaces that
can be supplied on the subject lands. It is noted that the two (2) existing parking spaces
along Yonge Street have been included in this parking count.
Building and Planning Department Staff are of the opinion that the easterly parking space
fronting Kennedy Street West does not, and cannot, comply with Town parking standards
while concurrently complying with the 1 metre padmount transformer setback required by
Aurora Hydro. Hence, Staff are of the opinion that maximum on site parking that can be
provided is 9 spaces, unless the applicant and Aurora Hydro are able to find a more
acceptable location to move the transformer at the expense of the applicant.
Proposed Uses
Staff have weighed the proposed uses against conformity with the Official Plan, and
compliance with the Zoning By-law. Planning Staff are of the opinion that permitting a full
retail use within an Urban Residential designation would not conform to the Official Plan.
In addition, Staff are of the opinion that the subject property is not capable of supporting a
medical clinic use' as the lands are considered to be too small to comply with the
functional site requirements (parking, manoeuvring, etc.) prescribed in the Zoning By-law.
Through consultation with Staff, the applicant has reduced the list of requested permitted
uses to include the following:
business and professional offices, including medical and drugless practitionerfor
a maximum of one (1) treatment room at a maximum floor area of 138m2.
personal service shops
It is noted that a building containing 138m2 (1,485ft2)of floor area devoted to a medical or
drugless practioner use, must provide a minimum of nine (9) parking spaces to comply with
By-law parking requirements. The site plan as proposed would provide for ten (10) parking
spaces; however, this would include retaining the two (2) parking spaces along Yonge
Street and the one (1) easterly parking stall fronting Kennedy Street West that is
1 A "Clinic" consists of having treatment rooms and facilities for more than (2) practitioners.
—4—
SPECIAL COUNCIL — JULY 21, 2005
July 12, 2005 - 4 - Report No. PL06-063
considered by Staff to be unacceptable.
From a review of Town records, Staff are of the opinion that the resolution to remove the
two existing parking spaces on Yonge Street may have been based upon the June 9, 2003
recommendation from LACAC, which stated the following:
"THAT LACAC supports the application for rezoning of 15018 Yonge Street., and further
the Committee indicates that it would preferthat the current two parking spaces located at
the front of the building be eliminated and that the green space be restored, and in
exchange for this that the Town consider reducing its parking requirements for this
property."
Comments
All department and agency comments have been addressed with the exception of technical
stormwater management issues and the feasibility of potentially accommodating a tenth
(10th) parking space.
It is noted that with the exception of LACAC, no department or agency made
recommendation to remove the two (2) existing parking spaces along Yonge Street. Based
on the limited size of the subject lands, the demand for parking in this area of Aurora, and
the feasibility that these existing spaces can be used for staff parking only, Staff suggest
that Council consider rescinding the June 25, 2003 resolution to remove the two parking
spaces along Yonge Street from the design. Or, as LACAC recommended, consider
reducing the parking requirement that would result from the removal of these parking
spaces.
OPTIONS
Zoning By-law Amendment
Council has the option of either approving By-law 4685-05.D, or directing that it be
modified. Given that Council resolved to remove the two existing parking spaces along
Yonge Street on June 25, 2003, the following options are available:
i) rescind the June 25, 2003 resolution to remove the two (2) existing Yonge Street
parking spaces from the design and approve By-law 4685-05.D. as presented;
ii) Modify By-law 4685-05.D to reduce the required parking spaces from nine (9) to
seven (7), thus eliminating the Yonge Street parking and retaining the proposed
uses; and
iii) Modify the permitted uses proposed in By-law 4685-05.D to allow only business
and professional offices, as the remaining proposed uses would not comply with
By-law parking requirements if the existing Yonge Street Parking is removed.
—5—
SPECIAL COUNCIL — JULY 21, 2005
July 12 2005 - 5 - Report No. PL05-063
Site Plan Application
In accordance with Council policy, the Directorof Planning could be delegated authority to
execute the agreements on behalf of the Town. Given the Applicant's desire to proceed
expeditiously, and that technical issues have been resolved, Staff are of the opinion that it
is able to deal with the site plan through the delegation process. However, the site plan
application could proceed with a report to Council once the agreement has been drafted for
approval and authorization for the Mayor and Clerk to execute the agreements.
FINANCIAL IMPLICATIONS
Not Applicable.
LINK TO STRATEGIC PLAN
The Strategic Plan contains objectives to ensure high quality, comprehensive community
planning to protect the overall investment of citizens in the community. Review of the
subject application through the Site Plan and Zoning Amendment process facilitate this
objective.
CONCLUSIONS
Zoning
It is recommended that Council approve By-law 4685-05.D, being a site specific rezoning
By-law to amend the Town of Aurora Zoning By-law 2213-78, as amended, provided that it
is satisfied with allowing the applicant to retain the two parking spaces fronting Yonge
Street.
Site Plan
The subject application can be dealt with most expeditiously at the Staff level. Accordingly,
it is recommended that the matter be delegated to the Director of Planning to execute a
site plan agreement between Aasit and Rajendra Amin and the Town of Aurora, respecting
the construction of a parking lot.
ATTACHMENTS
Figures:
Figure 1 - Location Plan
Figure 2 - Proposed Site Plan
Appendix "A" — Draft By-law No. 4685-05.D
SPECIAL COUNCIL — JULY 21, 2005
July 12, 2005 - 6 - Report No. PL05-063
PRE SUBMISSION REVIEW
Management Team Meeting: June 6, 2005
Prepared by.- Andrew Harper, Planner
Extension 4349
u Sei,6 rt
erector of Planning
S:1Planning\C10 Reports to Counci112005 REPORTSTI-05-063, ah - D14-11-03, D11-09-05 (Amin) - Imp Bylaw & SP Delegation.doc
—7—
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S P E Ca_A_L—C_0_U.N C 11 — JULY 21, 2005
APPENDIX A
Aasit & Rajendra Amin
The Corporation of the Town of Aurora
By-law Number 4685-05.D
BEING A BY-LAW to amend
By-law No. 2213-78, as
amended, being the Zoning
By-law of the Town of
Aurora.
(15018 Yonge Street: D14-11-03)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides
that the Council of a local Municipality may pass a Zoning By-law;
AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law
2213-78 being the Zoning By-law, as amended;
AND -WHEREAS the Council of the Corporation of the Town of Aurora deems it
advisable to further amend By-law 2213-78, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT the zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law, being Section 14.3.3 zoned
"Special Mixed Density Residential (R5-3) Exception Zone" is hereby amended
by deleting and replacing the contents of the R5-3 zone with the following:
2. The existing building on the lands zoned "Special Mixed Density Residential
(R5-3) Exception Zone" shall only be used for any one of the following uses at
any one time:
- business and professional offices, including medical and drugless practitioner
for a maximum of one (1) treatment room at a maximum floor area of 138m,
- personal service shops
Notwithstanding any provisions to the contrary, the subject property zoned
"Special Mixed Density Residential (R5-3) Exception Zone" shall have a minimum
of nine (9) parking spaces, and contain a 0 to 0.9 metre buffer strip along the
western lot line as identified in the 2005 site plan agreement.
3. THAT no part of this By-law will come into force until the provisions of the
Planning Act have been complied with, butsubject to such provisions the By-law
will take effect from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS 12'h DAY OF JULY, 2005.
READ A THIRD TIME AND FINALLY PASSED 12'h DAY OF JULY, 2005.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
—10—
SPECIAL COUNCIL - JULY 21, 2005
Explanatory Note
Re: Zoning By-law No.4685-05.D
By-law Number 4685-05.D has the following purpose and effect
To amend the Town of Aurora Zoning By-law 2213-78, as amended, by deleting and
replacing the contents of Section 14.3.3 "Special Mixed Density Residential (R5-3)
Exception Zone" to permit the following uses:
- business and professional offices, including medical and drugless practitioner
for a maximum of one (1) treatment room at a maximum of floor area of
138M2
- personal service shops
Furthermore, the zoning requires that a minimum of nine (9) parking spaces are
provided on the subject lands, and the western lot line buffer is reduced from 1.5m to 0-
0.9m as illustrated in the 2005 Site Plan.
-11-
SPECIAL COUNCIL — JULY 21, 2005
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: isolsYonge Street
Lot 6, Plan 131
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4685-05.D
PASSED THIS DAY
OF _, 2005.
B. PANIZZA, CLERK
T. JONES, MAYOR
-3) EXCEPTION ZONE
AMENDED SPECIAL MIXED DENSITY (R5
..
2v 1-6 1-6
R5-V4
RA3
R5-2
(H)RA3-11
Kennedy St W
Kennedy St E
R
R5-9
ui C2
R5-6
R5-28-
SCHEDULE "A" TO BY-LAW NO. 4685-06.13
—12—
SPECIAL COUNCIL — JULY 21, 2005 ft AGENDA ITEM #
TOWN OF AURORA
COUNCIL REPORT No. LS05-049
SUBJECT: Award of Tender LS 2005-60 Construction of the New Wellington
Street Fire Hall
FROM: Allan D. Downey, Director of Leisure Services
DATE: July 21, 2005
RECOMMENDATIONS
THAT Council award Tender LS2005-60 for the construction of the new Wellington
Street Fire Hall to BWK Construction Company Limited in the amount of $1,800,000;
and
THAT Council approve additional funding in the amount of $180,000 from the
Municipal Capital Reserve.
BACKGROUND
The requirement for a New Fire Hall has been identified in the Development Charges By-
law to be constructed in 2005. It was also identified in the Master Fire Service Plan and
the subject of a report to the Joint Council Committee on July 28, 2003. Staff prepared a
budget for the Fire Hall based on the amounts identified within the By-law and presented it
to Council as part of the 2004 Budget. Council approved the budget (attached), allocating
funds in 2004 for design purposes and funds in 2005 for construction purposes. Lands
have been identified on the Burnett property to construct the new Fire Hall.
On September 14, 2004 Council endorsed the program and space allocation for the new
Fire Hall as submitted by Chief Molyneaux. Staff were directed to proceed with the
recruitment process for an Architect based on an already constructed Fire Hall that closely
matched the program needs endorsed by Council. Staff issued an Expression of Interest
LS2004-76 to obtain submissions from qualified Architects for the Fire Hall. As a result of
these submissions, Council on March 8, 2005 selected the firm of Thomas Brown
Architects Inc. as the successful firm. As part of the March 8th report Council also
endorsed the design of a Mississauga Fire Hall as the layout that most closely matched the
program needs identified by Chief Molyneaux with minor design modifications to address
changes in the building code, site characteristics and user needs.
On June 14, 2005 Council approved staff Report LS05-038 regarding the design and
layout of the new Fire Hall and authorized staff to proceed with the Tendering process.
Tender LS2005-60 was released on June 28, 2005 and closed on July 15, 2005 for the
construction of the new Fire Hall located at 1344 Wellington Street.
..../2
—13—
SPECIAL COUNCIL — JULY 21, 2005
July 21, 2005 - 2 - Report No. LS05-049
COMMENTS
A total of 13 bids were submitted in response to LS2005-60 and the results are as
follows:
Conarch Group $1,733,000
Grenwitch
$1,757,791
Sona
$1,784,880
BWK Construction
$1,800,000
Garritano
$1,805,000
MJ Dixon
$1,818,000
Land Construction
$1,840,000
WS Morgan
$1,900,000
Varcon
$1,931,492
Gay Company
$1,965,000
Torcom
$1,972,000
CL Construction
$1,944,133
Astrex
$1,994,133
Pelligrino
$2,148,280
The Tender documents have been reviewed by the Architect and the Purchasing
Coordinator for completeness and compliance with the bid requirements. As outlined in
the Purchasing By-law the first three (3) low bids had major irregularities as part of their
submission and were deemed non -compliant. The lowest compliant bid submitted was
from BWK Construction in the amount of $1,800,000.00 (see attachment).
The Architect for the Fire Hall has also reviewed the Tender submissions and agrees with
the findings of the Purchasing Coordinator. He has also completed reference checks on
BWK Construction as well as provided a review of the cost of constructing Fire Halls (see
attached).
The Tender results are over budget by $180,000 from the approved budget. Staff have
met to discuss options to reduce the scope of work required and maintain the budget as
approved. In discussions with Chief Molyneaux no elements of the Fire Hall could be
eliminated or deferred to a later date. If the program space was reduced a redesign of the
facility would be required, which would require additional design fees, re -tendering, delay of
construction and no guarantee of budget compliance.
Chief Molyneaux has provided correspondence regarding the impact of delaying the project
and the previously agreed to commitments of the Town of Aurora to provide a Fire Hall in
2005. Staff are recommending that additional funding be approved in the amount of
$180,000. Treasury staff have indicated that the estimated balance of the Municipal
Capital Reserve is $2,086,401.00 and that this be identified as the recommended funding
source (see attached).
....3
—14—
SPECIAL COUNCIL — JULY 21, 2005
July 21 2005 - 3 - Report No. LS05-049
OPTIONS
Council may reject all Tenders and direct staff to redesign the Fire Hall to reduce costs and
re -tender the project. This process will ensure that the Fire Hall is not completed in 2005
as agreed to the Master Fire and Emergency Services Plan and may require amendment
to the Master Plan.
FINANCIAL IMPLICATIONS
Council has already approved $1,620,000 in the 2005 Budget and additional funds in the
amount of $180,000 are available in the Municipal Capital Reserve.
CONCLUSIONS
The Tender submitted by BWK Construction represents fair market value for the project
and the Contractor is capable of completion the project in the required time.
Staff recommend that the additional funding be approved and the Tender be awarded to
BWK Construction.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality.
ATTACHMENTS
1. Copy of 2005 Capital Budget worksheet for the new Wellington Street Fire Hall.
2. List of Bid Submissions.
3. Municipal Capital Reserve Funding from Treasury Department.
4. Thomas Brown Architect Costs dated July 18, 2005.
5. Letter from Chief Molyneaux dated July 18, 2005.
PRE -SUBMISSION REVIEW
Prepared by: Aaron Karmazyn, Manager of Facilities and Property, Extension 4323
i
ALLAN D. DOWNE
Director of Leisure Services
—15—
SPECIAL COUNCIL — JULY 21, 2005
TOWN OF AURORA
ATTACHMENT 1
CAPITAL BUDGET - ANALYSIS BY PROJECT
Pa a Nc; 14
Project ID :
Project Name:
Department:
Service I Program
Year of Initiation
Flexible:
72034
NEW FIRE HALL
Leisure
Leisure
2005
Yes
r
WON
_S3iPTM�_ -
To design a new Fire Station to be constructed on Town owned lands and scheduled in
Development Charges for the year 2005.
Development Charges identifies the need for construction of a new Fire Staticn in the year 2005 to be located on
Town owned lands.
- - -16-
SPECIAL COUNCIL - JULY 21, 2005
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-17-
SPECIAL COUNCIL - JULY 21, 2005
ATTACHMENT 3
Town of Aurora
Municipal Capital Reserve
Reconciliation as of June 30, 2005
2004 Ending Balance $ 2,084,054.98
Report TR05-019 Funds returned 334,501.82
Report TR05-017 Land sale funds 905,711.81
2005 Contributions from General 649,748.00
2005 Capital Contributions (1,887,615.00)
2005 Estimated Balance $ 2,086,401.61
* Note:
Does not include any 2004 surplus/deficit
amounts that have in past years been posted to
the Municipal Capital Reserve
No estimate is available as this time as
the auditors (Grant Thornton) are preparing the 2004
Financial Statements
SPECIAL COUNCIL — JULY 21, 2005
if off • Mr� T�
Date: July 18, 2005
To; AI Downey
- Town of Aurora
ATTACHMENT 4
Memorandum
From: Paul McIntosh - Thomas Brown Architects Inc.
Re: New Aurora Fire Station 44 - Tender LS 2005-60
Dear Al:
Tenders for the construction of Aurora Fire Station 44 closed on Friday July 15, 2005 at 12:00 Noon
local time. A total of 14 Tenders were received ranging in price from $1,733,000.00 to
$2,148.280.00 exclusive of GST.
The four lowest Tenders received were as follows:
1. The Conarch Group $1,733,000.00 (34 weeks to complete)
2. Grenwitch General Contractors $1,757,791.00 (24 weeks to complete)
3. Sona Construction Ltd. $1,784,880.00 (30 weeks to complete)
4. BWK Construction Ltd. $1,800,000.00 (22 weeks to complete)
On reviewing the four lowest Tenders received, it was found that the lowest three Tenders failed to
meet the specified time requirements for the completion of the work. We refer to Section 00200 of
the Bid Documents, Instructions to Bidders, Item 1.12 Bid Evaluation, Bid Acceptance and Contract
Award, Item 1.12.7.2 which states "The work must be totally complete no later than December
30, 2005"
Assuming a Contract Award not later than July 29, 2005, this would allow 22 weeks for the
completion of the project.
As may be noted from the Tender Results listed above, BWK Construction Ltd., who provided a time
for completion of 22 weeks, is the lowest compliant Bidder. We further note that the cost of
construction for this project based on an accepted Tender Amount of $1,800,000.00 translates into
$220.40/Sq. Ft. This cost is in line with other tender results for Fire Stations over the past 10
months. (Refer to attachment)
We are familiar with BWK Construction Ltd. as they have successfully completed the following
projects for us:
Whitby Fire Department Headquarters ($2,400,000.00)
Scarborough Fire Station No. 01 ($1,137,000.00)
Renovations to 50 Toryork Rd. for Toronto EMS ($466,000.00)
Renovations to 40 Toryork Rd. for Toronto Fire,
Police and Transportation Services ($980,000.00)
Courtice Community Centre Fitness Centre Addition ($1,500,000.00)
394 King Street East Toronto, Ontario M5A 1 K9 Ph: 416.364.5710 Fx. 416.364.4662
—19—
SPECIAL COUNCIL - JULY 21, 2005 Thomas Brown Architects Inc.
Based on our knowledge of BWK Construction Ltd. and our previous experience with them on
similar projects, we have no hesitation in recommending them for acceptance.
Yours very truly,
Paul McIntosh
/im
0409
-20-
Page 2 of 2
SPECIAL COUNCIL - JULY 21, 2005
Fire Station Projects Costs
Project
Year
Total Size
(sq.ft.)
Total Cost
($)
Cost/sq.ft.
Kincardine Fire Headquarters
1995
9,500
799,054.00
84.11
Whitby Fire Headquarters
1995
24,000
2,228,386.93
92.8
Stoney Creek Stations 2 & 4
1995
14,100
1,299,880.00
92.81
Mississauga Station 118
1996
7,700
766,747.10
99.58
Markham Station 96
1996
9.000
1,080,040.18
120.00
Scarborough Station 08
1998
7,100
697,436.00
98.23
Scarborough Station 01
1998
9,100
1,136,999.46
125.1
Mississauga Station 119
1998/1999
7,850
895,000.00
114.01
Mississauga Station 117
1998/1999
7,500
811,125.00
108,11
Richmond Hill Station 04
1999
6,650
817,500.00
123.12
Richmond Hill Station 05
Mar. 2000
9,750
1,302,750.32
133.62
Township of King Station 34
Aug. 2000
7,500
1,090,037.30
144.76
Toronto Fire Station/Sheppard
Nov. 2000
17,000
3,130,000.00
184.00
Whitby Station 06
Mar. 2001
8,400
1,285,710.28
153.19
Holland Landing
Feb.2002
8,885
1,380,224.00
155.34
Markham 92
Apr. 2003
15,400
2,909,351.55
189.0
Whitby Station03
Jun.2003
8.400
1,586,000.00
189.0
Courtice Fire Station
May 2004
9,950
1,975,000.00
198.5
Markham Station 98
Sept.2004
10,000
2,497,000.00
249.70
Guelph East End Fire Station
Dec. 2004
9,050
1,968,430.00
218.00
West Brant Fire Ambulance Station
Mar. 2005
10,370
2,033,000.00
196.0
Aurora Fire Station 44
Jul 2005
8,167
1,800,000.00
220.40
July 18, 2005
-21-
SPEi
July 18, 2005
- JULY 21, 2005
Central York Fire Services ATTACHMENT 5
Office of the Fire Chief
984 Gorham Street, Newmarket, Ontario L3Y 1 L8
Emergency 9-1-1 Administration 905 895 9222 Fax 905 895 1900
FIRE SERVICES - STAFF REPORT
To: Aurora Council
Origin: John Molyneaux, Fire Chief
Subject: Wellington Street Fire Station
I have been requested to comment on the importance of meeting the 2005
timeline for construction of the Wellington Street Fire Station.
The new Fire Station to be located at 1344 Wellington Street East in the Town of
Aurora has been tendered, and the results have been analysed by the review
committee. The issue of timing has been put forward as a critical issue, and I
have been asked to provide information in this regard.
Timing of this new station is important as it relates to the response times in both
municipalities, but especially to the Town of Aurora. During consolidation talks,
the construction timeline was set in 2 documents calling for operation of the new
station to commence in 2005.
The agreement between the Town of Aurora and the Town of Newmarket states,
"5.1 The parties acknowledge that each has approved the Master Fire and
Emergency Services Plan (the Master Plan) attached hereto as Schedule `B" and
forming part of this agreement."
"5.2 The Parties hereby agree that the level of service to be provided throughout
the combined geographic and municipal boundaries of the Towns of Aurora and
Newmarket is the level of service as established by the Master Plan and each
party shall, subject to any mutually agreed amendment of the Master Plan,
commit all necessary funding and capital resources through the annual budget to
ensure that the Committee and Department have all of the necessary resources,
including prescribed staffing levels, to provide the level of service."
"5.3 The Committee shall be responsible to provide fire protection and prevention
services at the level as described by the approved Master Plan."
-22-
SPECIAL COUNCIL - JULY 21, 2005
-2-
Appendix B of the Master Plan states,
"Two fire halls are assumed for each of Newmarket and Aurora over the term of
this plan. Newmarket Stations 4-1 and 4-2 already exist, as does Aurora Station
4-3. Aurora station 4-4 is assumed to be operational in 2005. The location of this
new Aurora Station is currently slated for Leslie Street south of Wellington Street
East. Confirmation of this location and final timing for construction is a priority
matter."
Subsequently, Fire Service Report 2003-11, dated July 28, 2003 which was
endorsed by the Joint Council Committee and Aurora Council set the final
location as 1344 Wellington Street, East.
Average Response Time, one of our performance measures, in the Town of
Aurora was 5 minutes 59 seconds in 2002, 6 minutes 16 seconds in 2003, and 6
minutes 22 seconds in 2004. The mandatedaverage response as stated in the
Master Plan is 6 minutes. As can be seen from the above times, as construction
on the east side of Aurora continues, there is a corresponding increase in overall
response time.
It is important for the protection of our citizens and their property and essential for
compliance with the Council -approved Fire Master Plan, as contained in the
Consolidated Fire Services Agreement between Newmarket and Aurora, that this
fir kstation project move forward so that completion of it can be achieved in 2005.
John Mdaux,
Fire Chie
Central Yor ire Services
JM:jm
-23-
SPECIAL COUNCIL — JULY 21, 2005
TOWN OF AURORA
COUNCIL REPORT
A9E0 rrEM # 3_
No. LS05-050
SUBJECT: RFP LS2005-59 Town Hall Audio Visual System Replacement
FROM: Allan D. Downey, Director of Leisure Services
DATE: July 21,2005
RECOMMENDATIONS
THAT Council award the Request for Proposal LS2005-59 to Duocom Canada Inc. for
the Town Hall Council Chambers audio/visual system removal and replacement in
the amount of $132,500.
BACKGROUND
Council approved the replacement of the audio/visual system in the 2005 Capital Budget
for the Town Hall Council Chambers. Leisure Services, Information Technology and
outside consulting from Applied Electronics Limited assessed the Council Chambers audio
visual system in 2004 indicating a removal and replacement cost of $135,000 (Capital
Budget worksheet is attached). RFP LS2005-59 was released on June 29, 2005 and
closed on July 15, 2005. The scope of work on the project includes:
- Removal of oak millwork, cabling and hardware
- Installation of cabling and hardware
- Installation of new oak millwork
- Termination of cabling and hardware into new oak millwork
- Programming, testing, commissioning and training
COMMENTS
A total of ten companies picked up bid documents after June 29, 2005, of these ten (10)
companies, six (6) attended the mandatory site meeting held on July 7, 2005 in the Town
Hall Council Chambers. Two firms of the six did not bid as the schedule deadline could not
be met and one firm could not meet Town bonding requirements.
One company, Duocom Canada Inc. has entered a base bid of $139,130.93. Town staff
have analyzed the bid for compliance and the bid meets all criteria.
In addition to the removal and replacement of the audio/visual system in the Town Hall
Council Chambers, staff must remove and replace all the oak millwork at each of the
delegate stations. The total material cost for the replacement of the oak mill work is
approximately $2,500.00.
.../2
—24—
SPECIAL COUNCIL — JULY 21, 2005
July21, 2005 -2 - Report No. LS05-050
Aurora Cable and Internet will cover the cost of permanent camera cabling installed in the
amount of $2,000.00 and Town staff will make minor adjustments to the hardware
inventory specified to bring the total project within the assigned 2005 Capital Budget of
$135,000.00.
OPTIONS
N/A
CONCLUSIONS
Proceed with the successful lowest bid from RFP #LS2005-59 awarding the project to
Duocom Canada Inc. in the amount of $132,500 and $2,500.00 in material costs for
millwork re -construction to be performed by Town staff.
FINANCIAL IMPLICATIONS
An amount of $135,000 has been allocated in the 2005 Capital budget for the renovations
to the Town Hall Council Chambers audio visual system. Please see attached Capital
Budget worksheet.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality.
ATTACHMENTS
1. 2005 Capital Budget worksheet —Town Hall Audio Visual System Replacement.
PRE -SUBMISSION REVIEW
Prepared by. Aaron Karmazyn, Manager of Facilities/Property, Extension 4323
A LL AN D. DOWNE'
Director of Leisure Services
—25—
SPECIAL COUNCIL - JULY 21, 2005
TOWN OF AURORA
ATTACHMENT #1
Project ID :
Project Name:
Department:
Service I Program
Year of Initiation
Flexible:
CAPITAL BUDGET -ANALYSIS BY PROJECT
72021
Town Hall Council Chambers AV System
Leisure
Leisure
2005
Yes
._, _w _. •. w:PE2Q _�."��.,DES�RI�T€IL�' _,� -n _ �x- . U '
Program: Facilities —To replace the existing Audio Visual system in the town hall council
chambers.
-To increase effectiveness of the communications equipment
- To decrease the number of technical difficulties associated with the existing equipment
To increase the ease of operating the system for the members of council and the general public
- To decrease the expenses associated with maintaining an aging system
�FJCEI? �Ff NSA IG
In 2004, Council directed staff to review the issues associated with the existing Audio Visual system in the Council
Chambers. Staff conducted a thorough investigation of the system in 2004 involving several audio visual
specialist firms as well as the head Audio Visual technician employed by the Region of York in charge of managing
Regional Council Chambers AV system. It was determined that the existing system in the Town Hall is outdated
and several major components can no longer be supported as system parts cannot be supplied. A number of other
more technical issues were also identified and outlined in the report to Council on this matter in the spring of 2004.
-26-
SPECIAL COUNCIL — JULY 21, 2005 AGENDA ITEM
taTOWN OF AURORA =4
COUNCIL REPORT No. LS05-051
SUBJECT: Public/Private Partnership - Soccer Bubble
FROM: Allan D. Downey, Director of Leisure Services
DATE: July 21, 2005
RECOMMENDATIONS
THAT the Mayor and Municipal Clerk be authorized to sign the Agreement between
the Town ofAurora and 1651883 Ontario Inc. operating as Aurora Sports Dome; and
THAT $50,000 be allocated from the Municipal Capital Reserve for the installation of
hydro, water, gas and sanitary services to the site.
BACKGROUND
Council at its meeting of July 13, 2004 directed staff to proceed with the preparation of an
Agreement based on a Letter of Understanding approved by Council.
Staff have been working with the private partner in preparation of an Agreement, while
giving consideration to the requirements of the Aurora Youth Soccer Club, the Royal
Canadian Legion, Site Planning Process and servicing needs.
On June 7, 2005 staff prepared Report LS05-037 and Council approved the construction of
a soccer bubble within Lambert Willson Park adjacent to the Royal Canadian Legion
subject to a satisfactory Agreement.
COMMENTS
Following the meeting of June 7, 2005 staff have been in contact with all affected parties in
the preparation of the attached Agreement.
The Agreement attached has been prepared by the Town Solicitor for Council approval
and signing authorization. Included in the Agreement are the Terms and Conditions
agreed to within the Letter of Understanding, as well as two (2) schedules attached, one
being a Permit Agreement with the Aurora Youth Soccer Club for the permitted use of the
bubble dated June 9, 2005 and two an Agreement between the Town of Aurora and the
Royal Canadian Legion dated December 2, 1998 regarding the use of the Legion parking
lot. ,
The private partner has also engaged the services of an engineering firm and are preparing
architectural drawings for submission and review of the facility by the appropriate approval
authorities.
..../2
—27—
SPECIAL COUNCIL - JULY 21, 2005
July 21, 2005 .2- _ Report No. LS05-051
Staff have completed a preliminary review of the application and determined that the
development of the soccer bubble as outlined in the Agreement could be accommodated
on the site, however at this time no submissions have been made and no approvals have
been given with regards to:
1. Storm Water Management
2. Building Permit Review
3. Service Connections
4. Lake Simcoe Region Conservation Authority (LSRCA) Requirements.
The attached Agreement has been submitted to the private partner for review and signing
and an executed Agreement will be presented to Council prior to the meeting.
OPTIONS
Council could consider amendments to the attached Agreement, however a delay in the
approval process will jeopardize the private partner's ability to provide the facility in time for
the 2005-2006 playing season.
FINANCIAL IMPLICATIONS
The Applicant will be responsible for all the Capital and Operating costs of the facility,
however the Town will be responsible for providing the servicing of the site estimated at
$50,000. Staff are requesting the funding from the Municipal Capital Reserve. The
Agreement requires the partner to pay a cost of $2.00 per year and provide community
access free of charge as described in the Agreement. In addition, the field will no longer
require regular turf maintenance of the field estimated at approximately $50,000 per year.
CONCLUSIONS
All of the outstanding issues have been resolved at this time with regards to the execution
of an Agreement. Servicing of the site and site design approvals as well as construction
remain to be completed, however are identified, and securities provided for, within the
Agreement.
Staff recommend that the Mayor and Municipal Clerk be authorized to sign the Agreement
on behalf of the Town of Aurora.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality.
ATTACHMENTS
1. Copy of Proposed Agreement with 1651883 Ontario Inc.
2. Copy of Permit Agreement with the Aurora Youth Soccer Club.
3. Certificate of Registration and Agreement with the Royal Canadian Legion.
-28-
SPECIAL COUNCIL - JULY 21, 2005
July 21, 2005 - 3 - Report No. LS05-051
PRE -SUBMISSION REVIEW
Prepared by: Allan Downey, Director of Leisure Services, Extension 4752
ALLAN D. D WNEY
Director of Leisrvices
-29-
SPECIAL COUNCIL - JULY 21, 2005
THIS AGREEMENT made in triplicate this day of July , 2005. ATTACHMENT :1
BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter called the "Town")
PARTY OF THE FIRST PART
-and-
1651883 ONTARIO INC. operating as
AURORASPORTSDOME
(hereinafter called the "Licensee")
PARTY OF THE SECOND PART
WHEREAS the Town is the registered owner of certain lands known as Lambert Wilson
Park, which Park contains thereon a soccer pitch hereinafter referred to as the Legion
Field and legally described as Firstly, Parcel 1-1, Section 65M-3075, Block 4, 65M-3075,
together with Part Lot 82, Concession 1, and Part Lot 28, Plan 231, Parts 4, 7 and 8, 65R-
14423 as in R494293 and Secondly, Part Lots 25, 26 and 27, Plan 231, Parts25, 26 and
27, 65R-25954 together with R164459, subject to R493625, Town of Aurora, Regional
Municipality of York;
AND WHEREAS the Town is desirous of making the Legion Field available for year-
round use;
AND WHEREAS the Licensee represents that it has expertise in constructing an air
supported structure for the purpose of providing indoor recreational facilities and further
represents that it has expertise in operating such recreational facilities;
AND WHEREAS the Licensee is desirous of constructing and operating a year round air
inflated indoor sports dome structure (hereinafter the "air dome") on the Legion Field;
AND WHEREAS the Licensee has entered into a Permit Agreement dated the 9`h day of
June, 2005, with the Aurora Youth Soccer Club (hereinafter referred to as "AYSC"),
attached hereto as Schedule "A", wherein the AYSC has agreed to the rental of facility
time at the air dome for a ten (10) year period upon certain terms and conditions set forth
therein which the Town acknowledges and by which the Licensee is strictly bound;
AND WHEREAS the Town acknowledges that the Legion Field is zoned "RU" which
permits agricultural uses but not recreational uses;
AND WHEREAS the Town has waived compliance with its Zoning By-law in
accordance with the provisions of said Zoning By-law;
AND WHEREAS the Town and Licensee acknowledge that although a Site Plan
Agreement is not required for the supply, installation and construction of an air dome,
Clubhouse and any related storage facilities on the Legion Field, such supply, installation
and construction shall be subject to and in compliance with the Town's Site Plan
approval process and requirements;
NOW THEREFORE IN CONSIDERATION of the mutual covenants herein
contained, the parties hereto agree as follows:
1. The Town hereby grants to the Licensee the exclusive license to operate an air
dome at the Legion Field from and including October 1", 2005 to and including
September 30', 2020 (the "Term") subject to any renewals thereof as set out
herein.
2. Provided that the Licensee duly and regularly pays the License Fee and performs
and complies with each and every of the covenants and provisions herein on the
-30-
SPECIAL COUNCIL - JULY 21, 2005
Page 2
part of the Town to be paid and performed, and provided the Licensee is not in
default hereunder, and subject to the Town not requiring the Legion Field for its
own purposes in its sole determination, the Town shall, at the cost of the
Licensee, grant the right to renew this Agreement at the expiration of the term for
two (2) further five (5) year periods (the "Renewal Periods"), upon such terms
and conditions as the parties shall agree upon, failing which this Agreement shall
terminate. The Town shall provide the Licensee with written notice as to whether
it requires the Legion Field for its own purposes no later than three months prior
to the expiry of this Agreement, that being June 30", 2020. Should the Town not
require the Legion Field for its own purposes, the Licensee shall provide written
notice of its intentions to renew no later than 2 months prior to the expiry of this
Agreement, that being July 31", 2020.
3. In consideration of the License hereby granted the Licensee shall pay to the Town
a License Fee of Two (2) Dollars plus Goods and Services Tax per year for each
year of the Term of this Agreement.
4. In addition to the annual fee payable herein, the Licensee shall, at its sole and own
expense, excavate the natural grass turf located at the Legion Field and remove it
therefrom, and shall replace it with artificial state of the art turf commonly known
as "Field Turf' or similar and like artificial turf surface, of an approximate value
of Four Hundred Thousand Dollars ($400,000.00).
The Licensee shall, at its sole and own expense and in a high quality and
professionally competent manner, supply, construct and install the air dome,
which shall have approximate dimensions of two hundred feet (200') by (x) three
hundred feet (300') by (x) sixty feet (60% and which shall include a concrete
grade beam and a chain link fence around the perimeter of the existing soccer
pitch at Legion Field. The Licensee shall also supply, construct and install, at its
sole cost and expense and in a high quality and professionally competent manner,
a concrete pad upon whichshall be provided a furnace and inflation unit, and a
standby fan set.
6. The Licensee shall, at its sole and own expense, also provide either a portable or
permanent Clubhouse of approximate dimensions of forty feet (40') by fifty feet
(50') which shall be located adjacent to the air dome and which shall contain
washrooms, change rooms, a lounge area, a snack bar and administrative offices.
The Licensee shall also, at is sole and own expense, provide any storage facilities
as may be required for the air dome and Clubhouse operation. Any modifications
or alterations which the Licensee may wish to make to the Clubhouse shall
require the prior written approval of the Town.
7. The Licensee covenants and agrees that no supply, installation or construction of
the facilities referenced in paragraphs 5 and 6 herein shall be installed or
constructed until detailed plan specifications and calculations relating to such
facilities have been stamped by a qualified Professional Engineer.
8. The Licensee further covenants and agrees that neither supply, installation nor
construction of any of the facilities referenced in paragraphs 5 and 6 herein shall
commence until the Licensee has delivered to the Town a Performance Bond,
satisfactory to the Town, in the amount of $250,000.00 as security for the supply,
installation and construction of the facilities set out in paragraphs 5 and 6 herein.
The said Bond shall be returned to the Licensee following the completion of the
supply, installation and construction of the facilities set out in paragraphs 5 and 6
herein to the full and entire satisfaction of the Town.
9. During the Term of this Agreement, the Licensee further covenants and agrees as
follows:
(a) to be responsible for all costs associated with managing and staffing the
air dome and Clubhouse from and including May 1" to and including
September 30th in each year;
-31-
SPECIAL COUNCIL - JULY 21, 2005
Page 3
(b) to maintain at its own expense a listed telephone service at the air dome
and Clubhouse;
(c) to maintain the area within one (1) metre of the air dome and the
Clubhouse in a clean, neat, tidy and presentable condition and ensure that
any and all garbage contained in such area is deposited in containers to be
provided to the Licensee by the Town in accordance with applicable
municipal by-laws;
(d) to provide and maintain, at its own expense, in a location approved by the
Town, a waste disposal bin of a type approved by the Town into which
shall be deposited all garbage generated from use of the air dome and the
Clubhouse;
(e) to maintain in a good state of repair and in a clean, neat, tidy and
presentable condition and appearance, at its own expense, the air dome
and the Clubhouse and any storage facilities related thereto;
(f) to pay for all utility costs including hydro, gas, water and sewer charges
related to the operation of the air dome and Clubhouse from and including
October 1" to and including April 30" of the following year for each year
of the Term of this Agreement, whether such costs are billed directly to
the Licensee or to the Town;
(g) to pay when due any and all taxes of any kind whatsoever levied with
respect to the supply, installation and operation of the air dome and
Clubhouse and any related storage facilities;
(h) to operate the air dome and Clubhouse as a community use type of
operation providing activities to adults, children and senior citizens and to
be made available for such use in accordance with applicable Town policy
requirement including those regarding residency;
(i) to repair at its sole cost and expense any and all damage to the air dome,
grounds therein and surrounding the air dome, Clubhouse and any related
storage facilities, caused as a result of the supply, installation and
construction of the air dome, Clubhouse and any related storage facilities,
and any removal of any of the same, or as a result of the operation of the
air dome, Clubhouse and any related storage facilities;
Q) to ensure that the operation of the air dome and Clubhouse and related
storage facilities are supervised at all times during the hours of operation
by a qualified adult. Such person or persons, while on duty, shall be neatly
and cleanly groomed and dressed, clearly identified by a badge or other
form of identification, and be courteous and mannerly toward the public.
The Licensee agrees to remove any such person employed by it to
supervise to air dome, Clubhouse and any related storage facilities at the
request of the Town if in the opinion of the Town such person fails to
meet the standards set out herein;
(k) not to assign in whole or in part this Agreement without the prior written
approval of the Town which approval may be unreasonably withheld;
(1) to maintain the path/walkway from the parking lot to the Clubhouse free
and clear of all obstructions and ice and snow during the winter season;
(m) to provide the Town with a minimum of the following hours for use of the
air dome, Clubhouse and any storage facilities related thereto, at no cost to
the Town, such type of use to be in the sole determination of the Town:
i) from and including October 1" to and including April 30" in each
year of this Agreement, a minimum of fifteen (15) hours each
week between the hours of 9 a.m. and 5 p.m. Monday to Friday
inclusive; and
-32-
SPECIAL COUNCIL - JULY 21, 2005
Page 4
ii) from and including May 1" to and including September 30i° in
each year of this Agreement, a minimum of sixty (60) hours each
week between the hours of 8 a.m. and 11 p.m. Monday to Friday
inclusive, and further, a minimum of twenty-eight (28) hours each
week on Saturday and Sunday combined. ,
(n) to deliver to the Town, prior to commencing the installation of the
facilities, evidence of public liability insurance coverage for personal
injury and property damage in a minimum amount of $5,000,000.00 with
an insurer and in a form approved by the Town. Such insurance shall
name the Town as an additional insured and such insurance shall not be
cancelled unless thirty (30) days written notice to the Town has been
given. In the event of cancellation of any such insurance coverage the
operation of the indoor tennis facility shall cease until such time as further
proof of public liability insurance coverage is deliver to the Town;
(o) to maintain financial books and records of the Licensee's operations in
accordance with generally accepted principles of good accounting
practice, and shall at all reasonable times, and on reasonable notice, permit
the Town and/or its designated representative to inspectand/or audit the
said books and records and make copies thereof or any part thereof;
(p) to comply with the Municipal Alcohol Risk Management Policy of the
Town prior to obtaining any liquor license pursuant to the laws of the
Province of Ontario. Subsequent to the Licensee obtaining any liquor
license, the Licensee shall comply with all the terms and conditions of that
license and the applicable law in respect of the license;
(q) to comply with all federal; provincial and municipal laws, rules,
regulations and by-laws, and the orders and directions of the Regional
Municipality of York Police Department or any other body having
jurisdiction pertaining to any aspect of this Agreement;
(r) to provide the Town with satisfactory evidence of ownership of the air
dome and any financing agreements, debt instruments and encumbrances
relating thereto.
10. During the Term of this Agreement the Town agrees as follows:
(a) to pay the cost of utilities for the period from and including May 1" to and
including September 301h in each year of this Agreement;
(b) at its cost, to provide for the installation of services to the site including
hydro -electricity, natural gas, water and sewer;
(c) to not require the Licensee to operate the air dome, Clubhouse and related
storage facilities during statutory holidays should the Licensee determine
not to do so;
(d) to compensate the Licensee for any and all municipal taxes of any kind
whatsoever levied with respect to the supply, installation and operation of
the air dome and Clubhouse and any related storage facilities;
(e) to provide for additional parking for the air dome, Clubhouse and related
storage facilities which shall supplement, when required, the Legion Field
parking lot availability, and which additional parking shall consist of that
area of land legally described as Part of Lot 103, Registered Plan 246 and
part of Lot 82, Concession 1, Geographic Township of Whitchurch, Town
of Aurora, Regional Municipality of York being Part 1 on 65R-20044,
save and except part 1 on 65R-20476, registered in the ownership of The
Royal Canadian Legion Col. Fred. Tilston V.C. (Ontario No. 385) over
which lands the Town has a perpetual license with the registered owner for
use of access and parking facilities for the Town, which License
Agreement is attached hereto as Schedule "B';
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SPECIAL COUNCIL - JULY 21, 2005
Page 5
(f) to carry out an inspection with the Licensee prior to any supply,
installation and/or construction of the air dome, Clubhouse and related
storage facilities, and following removal, if any, of said facilities, to
determine if any repairs to the lands and/or facilities thereon are required
to be made by the Licensee.
11. The Town shall have the right to request and require that air conditioning be
supplied and installed in the air dome, which supply and installation shall be at its
expense. The Licensee shall make provision for the possible supply and
installation of such air conditioning during the term of this Agreement in its
electrical plans, drawings and requirements, in its drawings for approval by the
Town, in its specifications for the air dome, and in any physical space required to
accommodate same.
12. Upon expiry of the term of this Agreement or any renewal thereof, or early
termination of this Agreement, any and all improvements to the Legion Field
and/or Clubhouse, if it is a permanent structure, made by the Licensee including
the Field Turf or similar Turf located on the Legion Field shall become the sole
property of the Town,. provided that the Licensee may remove such of its business
fixtures and equipment as may be detached without major damage, provided that
the Licensee immediately repairs any damage caused by such removal.
13, The Town acknowledges that the Licensee has the right to install signage within
and outside the air dome, Clubhouse and related storage facilities and the
Licensee agrees to comply with all provisions of the Town's sign by-laws in this
regard.
14. The Town makes no representation or warranty of any kind with respect to the
condition of the Legion Field and the Licensee enters into this Agreement
accepting the Legion Field in an "as is" condition.
15, The Licensee hereby releases, discharges, covenants and agrees to indemnify and
save the Town completely harmless with respect to any claims, demands, costs,
actions, causes of actions, suits, proceedings, debts, damages or costs whatsoever
at law or in equity suffered or incurred by the Town either directly or indirectly as
a result of any matter or thing in connection herewith, caused by or attributable to,
pertaining hereto, including any default by the Licensee of the terms of this
Agreement or by reason of any negligence or wrongful act of the Licensee, its
servants, agents or representatives.
16. The Town shall not be responsible for any loss or damage occasioned by fire,
burglary, or any cause whatsoever to the Licensee's fixtures, equipment or
inventory at or in the Clubhouse or air dome or storage related facilities and any
proceeds from any claim pursuant to the insurance coverage thereon shall
forthwith be applied toward replacement and restoration.
17. Prior to the supply, installation or construction of the air dome, Clubhouse and
related storage facilities to the Legion Field, the Licensee shall deliver to the
Town an acknowledgment from any party or person, who will be supplying,
installing and constructing said facilities, releasing the Town from any
construction lien requirement failing which the Town shall require all
documentation necessary to ensure compliance with the Construction Lien Act,
including but not limited to, any securities required to be posted and any Statutory
Declarations required.
18. The Licensee agrees to provide proof of Workplace Safety and Insurance Board
("WSIB") coverage prior to the any installation and construction at the Legion
Field during the term of this Agreement, as requested by the Town and as
required by applicable laws.
19. The Licensee:
(a) recognizes and agrees that safety of workers and members of the public
are of prime concern to both the Licensee and the Town;
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SPECIAL COUNCIL - JULY 21, 2005
Page 6
(b) shall comply with all statutes and regulations that establish health and
safety requirements, including but not restricted to the Occupational
Health & Safety Act and regulations enacted thereunder, and will
ensure and be responsible for the establishment and enforcement of safe
working procedures;
(c) shall familiarize itself with the Town's safety policy and program and
will promptly comply with all safety instructions identified by the
Town. The Licensee shall be solely responsible for enforcing safety
requirements and standards of its own employees;
(d) shall provide all safety equipment necessary to protect its own
workforce and all persons affected by the work prescribed in this
Agreement;
(e) shall be responsible for ensuring that all equipment, machinery, tools or
devices that it brings to and on the Legion Field is in good working
order and safe repair and that workers who operate the equipment are
fully trained and qualified to do so in a safe manner at all times;
(� agrees that if the Town becomes involved in a charge, offense,
prosecution, civil litigation or any other legal proceedings under or
related to the Occupational Health and Safety Act arising out of or
related to a breach of this Agreement or the Licensee's performance or
lack of performance of this Agreement or the Licensee's violation of
the Occupational Health and Safety Act or any regulations thereunder,
then the Licensee shall be fully liable for, indemnify and pay the
Town's fines, penalties, judgment, debt, damages and reasonable legal
fees and disbursements.
(g) if the Licensee fails to comply with an obligation pursuant to sub -
clauses (a), (b), (c), (d) or (e) herein, the Town may, at its exclusive
discretion, in addition to any other remedy, perform the obligation on
the Licensee's behalf and the cost or expense incurred by the Town
shall be a debt due and owing from the Licensee to the Town;
20. (a) If the Licensee makes default in any obligation or obligations binding on it
pursuant to this Agreement, the Town shall give notice to rectify any such
default within seven (7) days of the giving of the notice and such notice
shall be in writing and delivered by mailing such notice by prepaid
registered post which shall in such case shall be deemed received upon the
third business day subsequent to mailing, or by facsimile or delivered
personally which shall be deemed received on the same day, addressed to:
1651883 Ontario Inc.
140 Angus Boulevard
Markham, Ontario
L6C 3138
Attention: Terry Redvers
The Corporation of the Town of Aurora
1 Municipal Drive
Box 1000
Aurora, Ontario
L4G 6I1
Attention: Director of Leisure Services
In the event that the Licensee does not rectify the default within the said
seven (7) day period, the Town may either:
(i) terminate this Agreement on the giving of ten (10) days written
notice to that effect by mailing said notice by prepaid registered
post and addressed to the Licensee at the above -mentioned address,
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SPECIAL COUNCIL - JULY 21, 2005
Page 7
provided that if the Licensee rectifies any such default before the
expiry of the ten (10) day period, such notice shall be null and
void; or
(h) rectify the default on the Licensee's behalf and the cost or expense
incurred by the Town shall be a debt, due and owing from the
Licensee to the Town.
(b) Any termination of this Agreement pursuant to sub -clause (a) hereof shall
not constitute a surrender or waiver by the Town of any right to proceed
against the Licensee for breach of contract, and shall not relieve the
Licensee from its obligation to pay any fees herein or to pay any other
monies or indemnification provided for in this Agreement.
21. This Agreement may be terminated by:
(a) either party upon three (3) months' written notice. Upon termination, the
Licensee shall remove all of its equipment, facilities and inventory at its
expense, and shall prior to removing said equipment, facilities and
inventory, pay to the Town any monies which maybe owing to it pursuant
to this Agreement, failing which, the Town may retain any of said
equipment, facilities and inventory pending payment in full of any monies
owing to the Town.
(b) the Town, without notice, if;
(i) the Licensee declares bankruptcy;
(b) a receiver is appointed on account of its insolvency or in respect of
any of its property; or
(iii) the Licensee makes a general assignment for the benefit of
creditors;
(iv) there is failure to comply with any of the terms of this Agreement
after having received written notice from the Town requesting
compliance•,
(v) the Licensee abandons the facilities located at Legion Field;
(vi) the Licensee fails to remove within thirty (30) days of registration
thereof, any liens which may have been registered against Legion
Field;
(vii) a circumstances) or event(s) transpires of such a serious nature as
in the sole discretion and determination of the Town requires and
warrants the termination of this Agreement, including the
occurrence of any event set out in paragraph 19 (f) herein.
In this event, the Licensee may be removed from possession of Legion Field and
all structures thereon, including the air dome, Clubhouse and any storage facilities
related thereto, without notice and shall not be entitled to any claim against the
Town for such removal nor to any refund or compensation for any anticipated
profit, unperformed service, or lost opportunity and the Town shall not bear any.
liability for any damages which the Licensee may suffer or incur in this regard.
22. The Town shall have the right to enter or permit entry to the air dome, Clubhouse
and related storage facilities at any time for the purposes of conducting and
inspection of said air dome, Clubhouse and related storage facilities or in the
event of an emergency situation.
23.. This Agreement constitutes the complete and exclusive statement of the
Agreement between the parties, which supersedes all proposals, oral or written,
express or implied, and all other communications between parties, relating to the
subject matter of this Agreement.
24. If one or more of the phrases, sentences, clauses, sub -clauses or paragraphs
contained in this Agreement shall be declared invalid by the order, decree or
judgment of any court of competent jurisdiction, this Agreement shall be
construed as if such phrase(s), sentence(s), clause(s), sub-clause(s), or
paragraph(s) had not been inserted.
-36-
SPECIAL COUNCIL - JULY 21, 2005
Page
25. This Agreement may be changed only by a written amendment signed and sealed
by the authorized representatives of both parties.
26. This Agreement and the covenants, provisions and conditions contained herein
shall enure to the benefit of and be binding upon the respective successors, heirs
or assigns of each of the parties hereto and, if the Licensee is more than one party,
the obligations of the Licensees shall be joint and several.
IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate
seals, duly attested by the hands of the proper signing officers in that behalf, and the said
signing officers certify that they have authority to bind their corporation.
1651883 ONTARIO INC.
per:
Name:
Title:
Title:
(I/We have the authority to bind the
Corporation)
THE CORPORATION OF THE
TOWN OF AURORA
Name: Tim Jones
Title: Mayor
Name: Bob Panizza
Title: Town Cleric
(11We have the authority to bind the
Corporation)
-37-
P CIAL COUNCI
�1-
YOUTHq �iCLUB
JULY 21, 2005
H 0 M E O F T H E S T I N G E R S
ATTACHMENT 2
June 9, 2005
PERMIT AGREEMENT
1651883 Ontario Inc. O/A Aurora Sports Dome
140 Angus Glen Blvd.
Markham, ON
L6C 3138
Attn: Terry Redvers
Dear Mr. Redvers:
Re: New Air Supported Indoor Soccer Structure — Aurora
We are pleased to submit this Permit Agreement which outlines the basic terms
and conditions upon which the Aurora Youth Soccer Club ("AYSC") is prepared
to enter into an agreement with 1651883 Ontario Inc., operating as Aurora Sports
• : Dome ("ASD") for the rental of facility time in an air supported indoor soccer
t structure, as further defined, to be constructed in Aurora, based on the following
terms and conditions:
2201ndustAal Parkway 1. The Term of the agreement will be for a period of ten (10) years,
South, un@b14 commencing on or about October 1, 2005 and for such time periods, such
Aurora Ontarlo
L4G 3V6 hours and such programs as set out below.
Ph: 906-727-0624
Fax: 906-727-1665 2. ASD shall construct, erect and operate in a first class manner an air
email: Infc@aysaca
supported indoor soccer structure ("Structure"), with outside dimensions
of approximately 200' by 300' in a location referred to as the "Upper
Legion Field" adjacent to the Family Leisure Complex parking lot in the
Town of Aurora. The structure will be planned, constructed and erected by
ASD as per its agreement with the Town of Aurora. ASD will make such
installations and provide all equipment and furnishings for and in the
Stricture so that it can be used as an indoor soccer facility. Such
installations, equipment and furnishings will include, but not limited to,
adequate lighting, RVAC system (not to include air conditioning) and a
'FieldTurf' or similar artificial turf surface. The Structure shall be laid out
with three (3) soccer fields with approximate dimensions of 180' by 90'
("Individual Fields"), wbich can be combined to form one full size field
with approximate dimensions of 180' by 270' ("Full Field"). The fields
A shall be lined for soccer and will include the AYSC
M
3
3
3 OL/AYSC&ASDMar24/05 _38_ - 1 -
SPECIAL COUNCIL — JULY 21, 2005
"Stinger" logo (digital artwork to be supplied by AYSC, soccer goals and nets for the
Individual Fields as well as the Full Field, timing clocks and equipment for all fields,
field dividers, player benches, spectator seating, as well as appropriate locker rooms,
washrooms, office for ASD staff (with access for AYSC staff while using the Structure)
and lounge, as befitting a first class facility.
4. Commencing on or about October 1, 2005, the AYSC will agree to rent an average of
fifty (50) Individual Field hours per week during the fall/winter/spring indoor season,
which will run from October 1, 2005 through April 30, 2006, being approximately 30
weeks (the "Season"). Subsequent indoor Seasons will be of similar duration, with start
and end dates adjusted annually. The AYSC agrees to rent a minimum of 1500 Individual
Field hours during the 2005-2006 Season, which may be unevenly distributed throughout
each week or part of the Season.
5. In the event that completion of the Structure is delayed for the start of the 2005-2006
Season, then the AYSC shall have the right to reduce its required hours, as set out in
Clause 3, calculated on a pro-rata basis versus the actual number of days lost to the delay.
If the Structure is not completed by December 1, 2005, then the AYSC shall have the
right, acting reasonably, to terminate this agreement in writing to ASD, and this Permit
Agreement shall be of no further force and effect.
6. For the 2005-2006 Season, a rental rate of $145.00 per hour, plus applicable taxes, will
be charged for each Individual Field. The $145.00 rate is for prime time hours, defined as
those weekday hours between 5:00 p.m, and 11:00 p.m., and weekend hours between
8:00 a.m. and 10:00 p.m. (prime time hours shall also be in effect from 9:00 a.m. to 11:00
p.m. during each of the Christmas and March Break weeks) and is a preferred rate for the
AYSC. ASD plans to establish a prime time hourly rate of $160.00 for the 2005-2006
Season, which shall be the published rate for contacted rentals. The preferred rate for
AYSC shall at all times throughout the Term be a minimum of ten percent (10%) lower
than the prime time rate published, set or charged for contracted rentals. In the event that
any other individual or group at any time receives a contracted prime time rate lower than
the AYSC preferred rate, or a rate that is within ten percent (10%) of the AYSC preferred
rate, than the AYSC will be entitled to receive an adjusted lower preferred rate
(calculated as ten percent (10%) lower than the contracted prime time rate charged to the
other group) for 9 prime time hours remaining in the Season. The AYSC preferred rate
for non -prime time hourly rate (defined as those weekday hours before 5:00 p.m. and
after 11:00 p.m., and weekend hours before 8:00 a.m. after 10:00 p.m.) shall be set at
$75.00 per hour, plus applicable taxes. The ten percent (10%) guidelines set out above for
AYSC prime time hours shall also be in effect for AYSC non -prime time hours.
The AYSC shall provide ASD with a detailed schedule ("Schedule") of the hours that it
agrees to rent for the upcoming Season prior to July 1't of each year. The Schedule will
set out prime time hours and non -prime time hours, for both weekdays and weekends.
The contracted hours for the upcoming season will be based on this Schedule. The
Schedule shall also set out those programs (as further defined in Clause 7) that the AYSC
OL/AYSC&ASDMar24/05 - 2 -
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SPECIAL COUNCIL — JULY 21, 2005
she be offering during these hours. The AYSC shall have the first right to revise its
Schedule for each upcoming Season and will have the first right to the same or similar
hours, Schedule and Programs as in the preceding year. The AYSC shall have the first
right to schedule its hours for the 2005-2006 Season, provided that the Schedule has been
provided to ASD by August 1, 2005.
The AYSC shall have the right to increase its weekly hours, as required, throughout any
Season, provided that such time is available. Such additional rental hours shall be at the
AYSC preferred rate (prime time or non -prime time, as applicable), as set out in Clause
5.
9. The AYSC shall have, for the entire Term and any extensions thereto, the first right to
offer soccer or soccer related programs, including but not limited to practices, games,
clinics, camps, leagues, academies, exhibitions, tournaments and tryouts (collectively
"Programs") in the structure. In no event shall any other soccer club, soccer academy,
soccer school or similar organization, be permitted to offer similar soccer Programs in the
Structure without the written approval of the AYSC, not to be unreasonably withheld. As
set out in Clause 5, for each upcoming Season, AYSC shall present to ASD a Schedule
which shall include the Programs being offered for that Season. In the event that AYSC is
not offering a specific Program during that Season, then other soccer organizations will
be permitted to offer such Programs. The AYSC reserves the right to collaborate with
other soccer or sport organizations to offer Programs and to sublet any hours in its
Schedule to other soccer or sport organizations, provided that the AYSC does not sublet
any such hours for more than the current published prime time rate.
10. The AYSC shall have the right to rent one, two or all three of the Individual Fields in the
Structure based on the Schedule for the Season, as adjusted as per Clause 7.
11. ASD shall install within the Structure, at its own expense, signage and bulletin boards for
the purpose of marketing and promotion. AYSC shall be permitted, at no charge, to use
(a) one bulletin board for the purpose of promoting programs, and communicating with
AYSC members, and (b) three banner signage areas of approximately 3' by 8' each, to be
located one per individual field. The AYSC shall be permitted to display and offer for
sale AYSC clothing, gear and accessories in the ASD Pro -Shop. The AYSC and ASD,
each acting reasonably, will work together to name the Stricture, such name to reflect the
AYSC and soccer focus of the Structure.
12. In the event that ASD should wish to rent, to another party, time that has otherwise been
set out in the Schedule by the AYSC, then ASD shall request a change in the Schedule to
the AYSC, in writing, no less than sixty (60) days prior to the proposed change. If the
AYSC determines, based on its judgment, that a change can be approved, it will provide
approval for such change in writing to ASD. The AYSC shall receive a credit based on
AYSC rates for any hours lost due to the change.
13, Hourly rental rates for each Individual Field shall be increased or decreased annually
based on prevailing market rates for similar facilities in Southern Ontario. ASD and the
OL/AYSC&ASDMar24/05 - 3 -
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SPECIAL COUNCIL — JULY 21, 2005
AYSC shall agree on such market rates not less than fifteen (15) days prior to July 1st of
each year in order that the AYSC can complete and submit its Schedule to ASD for the
then upcoming Season. Any increase (decrease) in hourly rental rates greater than the
increase (decrease) in the Consumer Price Index ("CPP') for York Region, as set by
Statistics Canada or such other federal government agency, shall be based on actual
increases (decreases) in the cost of utilities used in the Structure, to a maximum increase
(decrease) of 5% per annum. The CPI base level will be set as June 1, 2005. ASD shall
provide back-up information to AYSC for any utility cost increases greater than CPI.
14. Rental payments shall be due and payable on the tenth (loth) day of each month during
the Season. The monthly rent payable will be based on the hours set out in the Schedule.
An adjustment made for actual hours used - more or less than the Schedule - shall take
place at the end of each month. An end of Season adjustment for the total actual hours
used will also occur, with either the AYSC or ASD making the appropriate payment to
the other party within fifteen (15) days of the end of the Season.
15. This Permit Agreement is subject to ASD obtaining all municipal approvals and
agreements for the planning, construction and operation of the Structure for the 2005-
2006 Season, failing which this Permit Agreement shall be of no further force and effect.
This agreement will be governed by and construed in accordance with the laws of the Province
of Ontario and time shall be of the essence.
If the terms of this Permit Agreement are acceptable, please acknowledge your acceptance
thereof by executing all four (4) copies of this agreement and returning two (2) fully executed
copies to us on or before 3:00pm on June 10, 2005, failing which this Permit Agreement shall be
of no further force and effect.
Yours very truly,
AURORA YOUTH SOCCER CLUB
Per:
Ron eese
President'
1651883 Ontario Inc. hereby acknowledges, accepts and confirms the terms and conditions of
this Offer to Lease. .
Signed at this day of '412005.
165
Per:
OL/AYSC&ASDMar.24/05 - 4 -
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SPECIAL COUNCIL — JULY 21, 2005
License Agreement
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A certified copy of en Agreement between
The Corporation of the Town of Aurora and The Royal Canadian Legion Col.
Fred Tinton V.C. (Ontario No. 365) Branch
Is attached hereto.
Connwed on schedule
(el TMS Oneumenl relaleabinztwmonl numhrtlsl
col Pmtype.l lsmodSwuzorinlem.0
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Name.) Y M D
THE CORPORATION OF THE TOWN OF AURORA . ... - , , , , , ...I. 1s9e. 140: p,a
..................... ............ ....
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6RJones ..........,. ... ',. �...
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Lawrence Allison, Monlcipel Clark
dp lar9nh.e Town Aumm, 100 John
West Way, P.O. Box 1000, Aurora, Ontario, L4G 5.11
of
112) )(Sed.n Slilusminlered)
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(14) M.nklp.l Address on PmparN
(15) Document Prepared by:
Fee. enaT.a
fteglahellon Foe
Lonny G.Knox, Solicitor
not assigned
Town of Aurora
_
100 John West Way
P.O. Box 1000
Aurora, Ontario L406J1
E
l-
Tofal
—42—
SPECIAL COUNCIL - JULY 21, 2005
THIS AGREEMENT made in triplicate this 23" day of July, 1999
BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter referred to as the "Town") OF THE FIRST PART
- and -
THE ROYAL CANADIAN LEGION COL. FRED TILSTON V.C.
(ONTARIO NO. 385) BRANCH
(hereinafter referred to as "Legion") OF THE SECOND PART
WHEREAS the Parties hereto wish to enter into an agreement respecting a perpetual licence for
the use of access and picking facilities for the Town and its invites on lands owned by the Legion
in consideration of the purchase by the Town of Part I on Reference Plan 65R-20476 for the sum
of Forty -Thousand Dollars ($40,000,00);
NOW THEREFORE, in consideration of the premises, other good and valuable consideration and
payment of $14.00 by the Town, the receipt and sufficiency of which is hereby acknowledged by
the Legion, the parties hereto agree as follows:
Section 1: Definitions
1.1 "Parking Lot' shall mean the area set forth on Schedule "A" hereto.
1.2 "Soccer Fields" shall mean the area set forth on Schedule "A" hereto.
1.3 "Soccer Hours" shall mean the hours from 6:00 p.m. to 10:00 p.m. Monday to Friday
inclusive, and 10 a.m. to 7 p.m. on Saturdays and Sundays, inclusive.
Section 2• Term
2.1 This Agreement shall commence on the date it is signed by the last of the two parties and
shall run in perpetuity, shall be binding on all subsequent owners of the Parking Lot and
shall enure to the benefit of all future owners of the Soccer Fields, in perpetuity.
2.2 Should the Legion decide to sell, give, bequeath or convey the Parking Lot, the Legion
agrees that, prior to the conveying of title, it shall
a) give prior notice of this Agreement to say purchaser; and
b) shall obtain the purchasers' acknowledgement that Ire, she or it is bound by the
provisions of this Agreement and shall obtain binding signatures on an identical
agreement between the purchaser and the Town.
Section 3: Grant of License
3.1 The Legion hereby provides the Town, its representatives, employees and invitees with a
license to enter upon, over, on, in, across and through the Parking Lot during all Soccer
Hours pursuant to the provisions of this Agreement, for the purpose of accessing the
Soccer Fields by way of Industrial Parkway, and for the parking of vehicles on the Parking
Lot. And for every such purpose, the Town and those claiming under it, together with their
vehicles, machinery, equipment, materials and supplies, shall have the right of free
unimpeded access to the said lands during Soccer Hours, and at such other times as are
agreed to by the parties, for all purposes and things necessary for or incidental to die
-43-
SPECIAL COUNCIL - JULY 21, 2005
exercise and enjoyment of the rights hereby granted.
3.2 The Legion, for itself, its successors and assigns, hereby covenants and agrees with the
Town, that the Town, on behalf of itself and on behalf of the members of the public
who may use the Parking Lot, shall and may peaceably hold and enjoy the rights,
privileges and licence hereby granted without hindrance, molestation or interruption on
the part of the Legion, its successors and assigns of of any person, fI or corporation
claiming by, through, under or intrust for the Legion, its successors and assigns.
Notwithstanding the foregoing, the Town reserves the right to surrender, release and
abandon or quitclaim the licence over the Puking Lot in whole or in part, in its sole
discretion,
3.3 The Town shall have the right to perform such construction, at its own expense, as it
deems reasonable to control drainage of the Parking Lot onto the Soccer Fields which'
construction may include the installation of drainage features, including the construction
of a swale and stormwater management futures, together with such incidental implements
as are necessary to permit access in the Soccer Fields over any Swale or features
constructed. The Legion shall not be liable for the maintenance or repair of such drainage
features installed by the Town and the Town agrees to maintain these features in good
repair.
3.4 It is acknowledged and agreed that the consumption of alcohol is not permitted on the
Soccer Fields or the Parking Lot by the Town, its representatives, employees, contractors
or invitees.
3.5 The parties hereto acknowledge that members of, the public may from time to time enter
upon the Parking Lot during the events of the Town or its invitees. Where such persons
are creating a nuisance, the Legion reserves the right to exclude the entry of such persons,
but the Legion shall not be required to exclude such persons.
Section 4• Repair and Maintenance
4.1 The Legion shall continue to have absolute authority and responsibility to maintain and repair
the Parking Lot to reasonable standards, and the Town shall not be liable for any repairs or
maintenance notwithstanding the licence granted pursuant to this Agreement.
Notwithstanding the foregoing, the Town shall be liable for maintenance and repair with
respect to drainage and shurawater management fixtures only, installed by it on the Puking
Lot.
4.2 The Town agrees to report all damage to and lack of maintenance of the Parking Lot and
all conditions which might create a hazard to any users of the Parking Lot as soon as
possible to the Legion, and the Legion covenants to carryout such reasonable repairs and
maintenance as are necessary to keep the Parking Lot in good condition and to remove
such hazards immediately after receiving said notice.
43 The Town shall ensure that the Parking Lot is left in a clean and tidy condition at the end
of each soccer event and that all refuse is placed In. containers provided for that purpose
by the Town and/or the Legion.
4.4 Provided that the Legion, in maintaining the Parking Lot, shall take such actions as are
necessary in the opinion of the Legion, acting reasonably, to minimize disruption of access
to and egress from the Soccer Fields
Section 5, Indemnity and Insurance
5.1 The Legion hereby indemnities and holds harmless the Town from and against any and all
actions, suits, claims and demands and from all loss, costs, charges and expenses,
including legal expenses, which may be brought against or made upon the Town by any
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SPECIAL COUNCIL - JULY 21, 2005
Party whatsoever. including but not limited to damages under the Occupier's Liability Act,
or successor legislation thereto, or which may be incurred, sustained or paid by the Town
in consequence of the performance or non-performance of obligations arising pursuant to
this Agreement or In consequence of the Town's or the Town's invittas' use of the Parking
Lot (the °Claims'). Provided only that the above indemnity shall not apply to actions,
suits, claims, demands, lass, costs, charges and expenses, including legal expenses arising
solely from the failure of the Town to maintain drainage features or sloreawater
management fixtums as installed by it;
5.2 The Legion will respond to and defend all Claims on the Town's behalf regardless of the
Legion's perception or opinion of Its liability or negligence in relation to the person or the
entity making the Claims. Provided only that the Legion shall act be responsible for the
defense of claims pertaining solely to the failure of the Town to maintain drainage features
or sa mnwater management furores as installed by It;
5.3 The legion shall maintain throughout the term of this Agreement, liability insurance
satisfactory to the Town in which the Town is named as an insured with respect to the
obligations expressed in this Agreement, in amounts equal to or in excess of the following
minimum requirements and shall file with the Town a Certificate of Liability Insurance
evidencing such requirements.
5.4 The Liability Insurance shall:
(a) have a limit of liability of not less than $2,000,000.00 for any one occurrence;
(b) be comprehensive liability insurance covering all operations and liability assumed
under the Agreement;
(a) be endorsed to provide that the policy will not be altered, cancelled or allowed to
lapse without thirty (30) days prior written notice to the Town; and
(d) contain a cross -liability clause,
Section 6• General
6,1 All entices, demands, requests, agreements, consents, approvals and payments which may
be or are required to be given pursuant to this Agreement shall be in writing and shall be
sufficiently given if delivered personally, faxed or mailed;
to the Town at: 100 John West Way, P.O. Box 1000
Aurora, Ontario
JAC 611
Attention: Director of Leisure Services
Fax No.: (905) 841-7119
to the Legion at: 105 Industrial Parkway
Aurora, Ontario, JAG 3H1
Attention: President
Fax No. (905)
or at such other address in Canada as the applicable party may from time to time advise
by notice, in writing, to the other party.
6.2 The captions contained in this Agreement are for reference only and in no way affect this
Agreement.
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SPECIAL COUNCIL - JULY 21, 2005
6.3 The invalidity or unenfmceability of any provision or covenant contained in this Agreement
shall not affect the validity or enforceability of any other provision or covenant herein
contained and any such Invalid provision or covenant shall be deemed to be severable.
6.4 Each covenant in this Agreement is a separate and independent covenant and a breach of
covenant by any party will not relieve the other party from its obligation to perform each
of its covenants, except as otherwise expressly provided herein.
6.5 No supplement, modification, amendment, waiver or termination of this Agreement shall
be binding unless executed in writing by the parties
6.6 All of the provisions of this Agreement shall be binding upon and enure to the benefit of
the parties and their respective successors and permitted assigns. The Town shall not
assign the obligations, duties, responsibilities, rights and privileges contained in this
Agreement hereunder unless the legion has given its prior written consent, which may not
be unreasonably withheld.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, where
applicable, under the hands of their officers duly authorized in that behalf.
SIGN, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF
AURORA
Per
Per
THE ROYAL CANADIAN LEGION COL. FRED
TILSTON V..C., (ONTARIO NO. 385) BRANCH
Per:
Per: �����
(We h authority le bind the Branch)
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SPECIAL COUNCIL - JULY 21, 2005
SCHEDULE 'A"
Lands known as the Parking Lot are better described as:
Part of Lot 103, Registered Plan 246 and part of Lot 82, Concession I, Geographic Township
of Whitchurch, Town of Aurora, Regional Municipality of York being Part 1 on 6511-20044,
save and except Part I on 6511-20476.
Lands known as the Soccer Fields ere better described as:
Part of Lot 103, Registered Plan 246 and part of lot 82, Concession 1, Geographic Township
of Whitchurch, Town of Aurora, Regional Municipality of York being Part 1 on 65R-20476.
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SPECIAL COUNCIL — JULY 21, 2005
Aasit & Rajendra Amin
The Corporation of the Town of Aurora
By-law Number 4685-05.D
BEING A BY-LAW to amend
By-law No. 2213-78, as
amended, being the Zoning
By4aw of the Town of
Aurora.
(15018 Yonge Street., D14.11-03)
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides
that the Council of a local Municipality may pass a Zoning By-law;
AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law
2213-78 being the Boning By-law, as amended;
AND WHEREAS the Council of the Corporation of the Town of Aurora deems it
advisable to further amend By-law 2213-78, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law, being Section 14.3.3 zoned
"Special Mixed Density Residential (R5-3) Exception Zone" is hereby amended
by deleting and replacing the contents of the R5-3 zone with the following:
2. The existing building on the lands zoned "Special Mixed Density Residential
(R5-3) Exception Zone" shall only be used for any one of the following uses at
any one time:
- business and professional offices, including medical and drugless practitioner
for a maximum of one (1) treatment room at a maximum floor area of 138m.
- personal service shops
Notwithstanding any provisions to the contrary, the subject property zoned
"Special Mixed Density Residential (R5-3) Exception Zone" shall have a minimum
of nine (9) parking spaces, and contain a 0 to 0.9 metre buffer strip along the
western lot line as identified in the 2005 site plan agreement.
3. THAT no part of this By-law will come into force until the provisions of the
Planning Act have been complied with, but subject to such provisions the By-law
will take effect from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS 215r DAY OF JULY, 2005.
READ A THIRD TIME AND FINALLY PASSED 21s' DAY OF JULY, 2005.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
B - 1
SPECIAL COUNCIL - JULY 21, 2005
Explanatory Note
Re: Zoning By-law No.4685-05.D
By-law Number 4685-05.D has the following purpose and effect:
To amend the Town of Aurora Zoning By-law 2213-78, as amended, by deleting and
replacing the contents of Section 14.3.3 "Special Mixed Density Residential (R5-3)
Exception Zone" to permit the following uses:
- business and professional offices, including medical and drugless practitioner
for a maximum of one (1) treatment room at a maximum of floor area of
138m'
- personal service shops
Furthermore, the zoning requires that a minimum of nine (9) parking spaces are
provided on the subject lands, and the western lot line buffer is reduced from 1.5m to 0-
0.9m as illustrated in the 2005 Site Plan.
7.W
SPECIAL COUNCIL — JULY 21, 2005
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: 15018 Yonge Street
Lot 6, Plan 131
THIS IS SCHEDULE "A"
TO BY-LAW NO. 4685-05.D
PASSED THIS _ DAY
OF , 2005.
B. PANIZZA, CLERK
T. JONES, MAYOR
AMENDED SPECIAL MIXED DENSITY (R5-3) EXCEPTION ZONE
N 1-6
R5-4
RA3
R5-2 (H)RA3-11
Kennedy St W
,:.; Kennedy St E
Lu
R5-9
w C2
R5-6 z
0
R5-28
SCHEDULE "A" TO BY-LAW NO. 4685-05.13
M
SPECIAL COUNCIL - JULY 21, 2005
THE CORPORATION OF THE TOWN OFAURORA
By-law Number 4690-05.0
BEING A BY-LAW to
Confirm Actions by
Council Resulting From
The Special Meeting of
July 21, 2005.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT the action of the Council at its special meeting held on July 21, 2005 in
respect to each motion, resolution and other action passed and taken by the
Council at the said meeting is, except where prior approval of the Ontario
Municipal Board is required, hereby adopted ratified and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary In
'that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
READ A FIRST AND SECOND TIME THIS 21sf DAY OF JULY, 2005,
READ A THIRD TIME AND FINALLY PASSED THIS 21s' DAY OF JULY, 2005.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK