COMMITTEE OF THE WHOLE MEETING APRIL 18, 2016

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1 REPORT #PRC COMMITTEE OF THE WHOLE MEETING APRIL 18, 2016 LRG TOTTENHAM INC. FILE: 43T (51M-1062) SUBDIVISION PARKLAND AGREEMENT (LRG TOTTENHAM PARK) RECOMMENDATION That Report #PRC be received; And further that the necessary by-law be enacted to authorize the Mayor and Clerk to execute the Subdivision Parkland Agreement between LRG Tottenham Inc., and the Town of New Tecumseth for the comprehensive development of parkland on the lands known as Park Block 399 in Subdivision Plan number 43T (Block 132 on Plan 51M-1062), in Tottenham substantially in the form attached to Report# PRC and subject to the Town Solicitor s final clearance; And further that the Director of Parks, Recreation and Culture be authorized to finalize the Design and Construction Budget for the development of park within the Tottenham Inc. subdivision not to exceed $560,000 as approved in the 2016 capital budget and as funded in accordance with Capital project sheet # (Attachment #1, #2, and #3); And further that the park be named Fairview Park, based on criteria outline in the Town Commemorative Naming Policy. OBJECTIVE The purpose of this report is to seek Council s approval to execute a Subdivision Parkland Agreement with LRG Tottenham Inc., to facilitate the construction of the park on the lands known as Park Block 399 in the LRG Tottenham Subdivision Plan number 43T (Block 132 on Plan 51M-1062). In addition, staff are also seeking approval to name the park Fairview Park as requested by the Developer in in recognition of the former name of the farm which was located on this property. BACKGROUND The LRG Tottenham Subdivision 43T is approximately 38.6 hectares (95.4 acres) in size and located north of 3rd Line east of Tottenham Road (County Road 10) in Tottenham. The park block is 1.99 hectares (4.9 acres) in size and located on the east side of Martin Trail within the subdivision. The plan of subdivision consists of 456 single and semi detached units, 99 apartment units, 41 medium density units, a church

2 Report #PRC , April 18, 2016 block, park, elementary school block, local commercial block and storm water management block. (Attachment #4) On June 11, 2015, the Town entered into a Subdivision Agreement for Phase 1 of the LRG Tottenham Inc., Residential Plan of Subdivision 51M-1062 comprising of a total of 143 single and semi-detached homes, as well as a storm water management pond and a neighbourhood park. The parties agreed that an Agreement would be entered into between the Developer and the Town to provide for a comprehensive approach to the development of parkland in the form of a Parkland Agreement. It was intended that the Developer would assume responsibility for the development of the parkland facilities subject to approval of the Town. COMMENTS AND CONSIDERATIONS Draft Parkland Agreement The draft Parkland Agreement is attached hereto substantially in the form as Attachment #5. The agreement has been circulated to the various Town Departments and their comments have been incorporated into the current document. The Town s Solicitor is reviewing the Parkland Agreement and will provide final clearance prior to the document being executed by the Developer and the Town. Park Design The proposed park was designed by Cosburn Nauboris, Landscape Architects, in consultation with the Parks, Recreation and Culture Department. The proposed park will be developed as shown on the park concept plan in Attachment #6 and constructed by December It is anticipated that approximately 21% of the 596 units will be occupied by the time the park is completed. The Town in recent years has been encouraging developers to construct the Parklands earlier in the sub-division development in order to service residents sooner and also attract other potential residents to a growing community. The LRG Tottenham Park will include the following features: Playground Structures (Attachment #7) Accessible Walking paths Children s sand play area Benches, trash receptacles, park signage Basketball/hard surface playcourt and winter natural ice rink flexibility ice & ball hockey nets Gazebo Unstructured Recreational Play Space Page 2 of 39

3 Report #PRC , April 18, 2016 Cost Estimate A Design and Construction Estimate for the development of LRG Tottenham Park has been prepared by the Developer and includes construction prices based on tenders called by the Developer, refer to Attachment #2. The net Design and Construction estimate is net HST and includes a $44, contingency allowance and is within the approved 2016 Capital Budget budget of $560,000 consistent with Capital project sheet # The use of the contingency allowance is subject to the approval of Director of Parks, Recreation and Culture. Proposed Park Name On January 12, 2015, the developer submitted a formal request to name the park within the LRG Tottenham Subdivision Fairview Park in recognition of the name of the former owner of the farm that was located on this property (Attachment #8). Staff have reviewed the request to name the park Fairview Park and recommend that this meets the criteria outlined in the Town's Commemorative Naming Policy. The developer submitted a page (Attachment # 9) from the Our Roots website. The submitted page is originally from the Tottenham book by Allan Anderson, a well respected local historian/author. The information can be found on pages The house has been flagged by Heritage New Tecumseth as a significant property, in part due to its stunning architecture inside and out. The first two owners were farmers. The second owner, Mr. Lowery, was the first to refer to the property as Fair View Farm. The scope of the Town's Commemorative Naming Policy (Attachment #10) applies to the naming of municipal property. It will honour areas or events of geographic, historic, or civic significance, or an individual or group who has exhibited distinctive achievement, service, or community contributions. Naming Criteria: The proposed name of municipal property shall have one or more of the following: 1. Civic significance 2. Geographic or environmental significance 3. Historical significance 4. Demonstrated excellence, courage or exceptional service to the Town of New Tecumseth, Province of Ontario, or Canada, if the proposed name is of an individual or organization Page 3 of 39

4 Report #PRC , April 18, 2016 The house on the property is a beautiful historic home and it has been a part of the Tottenham landscape since the 1870 s. Therefore, staff recommend naming that the park be named Fairview Park based on the criteria outlined above in the Town's Commemorative Naming Policy. FINANCIAL CONSIDERATIONS The current Design and Construction Estimate for the park is $550, plus applicable taxes (Attachment #2). The approved 2016 Capital Budget for the development of LRG Tottenham Park is $560,000 and is a development charge growth related project. As a result, $504,000, ninety percent (90%) of the project, is funded from existing Parks & Recreation development charge reserve funds. The remaining $56,000, ten percent (10%), is funded from the Cash in Lieu of Parkland reserve account, refer to attachment #6. There are sufficient balances in each of these reserve accounts to fund the related park expenditure. The project, if funded as proposed, does not have any impact on taxation. Respectfully submitted: Patrick D Almada Director of Parks, Recreation and Culture Attachments: Attachment #1 - Capital Budget Sheet Attachment #2-Parkland Design and Construction Cost Estimate Attachment #3-Financial Considerations Attachment #4 - Subdivision Plan 51M 1062 Attachment #5-Draft Parkland Agreement LRG Subdivision Attachment #6- Park Design Concept Attachment #7- Playground Structure-Conceptual Drawing Attachment #8- Park Name Request Attachment #9 - Fair View Farm Historical Information Attachment #10 - Commemorative Naming Policy Page 4 of 39

5 Report #PRC , April 18, 2016 Approved By: Department: Status: Mark Sirr, CPA, CMA Finance Approved - 14 Apr 2016 Brendan Holly CAO Approved - 14 Apr 2016 Page 5 of 39

6 Town of New Tecumseth ATTACHMENT #1 #PRC Capital Budget Sheet # Page 6 of 39

7 Town of New Tecumseth ATTACHMENT #2 #PRC Parkland Design and Construction Estimate Page 7 of 39

8 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 8 of 39

9 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 9 of 39

10 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 10 of 39

11 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 11 of 39

12 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 12 of 39

13 Town of New Tecumseth ATTACHMENT #4 Parkland Design and Construction Estimate Page 13 of 39

14 Attachment #3 Financial Calculations-Fairview Park, L.R.G. Subdivision, Tottenham Budget - Capital Sheet # $560, $560, Current Cost of Park 550, % 71, Applicable Tax Rebate ( %) (61,846.13) Total with HST Rebate $559, $559, Favourable Variance $83.46 Page 14 of 39

15 Town of New Tecumseth ATTACHMENT #4 #PRC LRG Tottenham Inc. Subdivision Plan 51M 1062 Page 15 of 39

16 SUBDIVISION PARKLAND AGREEMENT ATTACHMENT #5 BETWEEN: THIS AGREEMENT MADE ON THE DAY OF APRIL, 2016, LRG TOTTENHAM INC. hereinafter called the Developer OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF NEW TECUMSETH hereinafter called the Municipality OF THE SECOND PART WHEREAS the parties entered into a Subdivision Agreement dated the 11 th day of June 2015 which Subdivision Agreement was registered as Instrument SC on the 31 st day of July, 2015 against the Plan Lands; AND WHEREAS the Developer has registered a plan of subdivision identified as Plan 51M-1062 on and commenced the development of the Plan Lands pursuant to the Subdivision Agreement; AND WHEREAS the Developer conveyed to the Municipality Block 132 on Plan 51M for the purposes of Parkland and the parties agreed to enter into an Agreement for the comprehensive development of the Parkland on the Plan Lands as set out in Schedule L, paragraph 4 of the Subdivision Agreement; AND WHEREAS the Municipality has approved funds for the purpose of developing the Parkland in the Municipality s 2016 Capital Budget; AND WHEREAS the parties have reached agreement as to the manner in which the Parkland on Block 132 on Plan 51M-1062 (the Parkland ) will be developed as hereinafter set out and are memorializing same in this Agreement; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS: Page 16 of 39

17 2 1. ORDER OF PROCEDURE: The parties hereto confirm the accuracy of the foregoing recitals and incorporate same as terms of this Agreement. The parties further confirm that the Subdivision Agreement and any amendments thereto shall continue to be firm and binding as between the parties except to the extent that it is specifically amended herein in relation to the development of the Parkland facilities. 2. ATTACHED SCHEDULES: For the purposes of this Agreement, the Schedules attached hereto shall be deemed to form part of the Agreement as follows: Schedule A Legal Description of Parkland Schedule B Parkland Development Design Schedule C Parkland Design and Construction Estimate Schedule D Definitions 3. DEVELOPER S OBLIGATIONS: The Developer hereby covenants and agrees with the Municipality as follows: 3.1 Retain a Landscape Architect and Sub-consultants (a) To retain the services of a qualified landscape architect who will act as the prime consultant and the Developer s project manager. (b) To retain all other sub-consultants as may be required either directly or through the landscape architect. 3.2 Conceptual Design and Approved Design for the Parkland (a) To develop the Parkland consistent with the conceptual design prepared by the landscape architect as shown on Schedule B. No changes shall be made to the approved design Parkland unless otherwise approved by the Director of Parks, Recreation & Culture (the Director ). (b) To provide the Director with an estimated number of homes and the percentage of total homes to be occupied, prior to commencing construction of the Parkland. 3.3 Prepare a Project Schedule steps: To prepare a project schedule that includes but is not limited to the following (a) Completion of conceptual design. Page 17 of 39

18 3 (b) Preparation of construction drawings and specifications. (c) Tender call. (d) Award. (e) Key Construction Activities. (f) Substantial completion. (g) Close out. 3.4 Prepare Design and Construction Estimates and Contingencies including HST (a) To develop and submit a total Parkland design and construction estimate to be approved by the Director as shown on Schedule C. The Developer will be reimbursed for the final approved costs from development charge funds. (b) To provide to the Director for review, updated estimates of the construction project at pre-tender, 50% completion, and 90% completion of the construction project. (c) To develop a design and construction estimate that shall include: (i) (ii) (iii) (iv) All design and consulting fees. All construction costs, supplies and materials within the Parkland construction limits. Allocation of an appropriate percentage of the Design and Construction Budget Estimate towards contingencies to be approved by the Director. HST at 13% which applies to the Design and Construction Budget as well as any contingencies approved by the Municipality. 3.5 Co-ordinate and Issue Tender Documents and Specifications (a) To co-ordinate the preparation of construction and tender drawings and specifications. (b) To submit 50% and 90% construction drawings and specifications and estimates for review by the Director. (c) To submit the final construction drawings and specifications for final sign off by the Director prior to issuing the tender call. Page 18 of 39

19 4 (d) To issue and manage the tender call. (e) To receive tender bids (f) To provide a summary and the results of the tender call to the Director including all tender bids. 3.6 Actual Tender Costs/Final Design and Construction Budget (a) To provide a copy of the tender prices received for the development of the Parkland. (b) To make the necessary changes to ensure the project is within the approved Design and Construction Estimate if the tender costs are higher than the approved Design and Construction Estimate. (c) To revise the Design and Construction Estimate where tender costs are lower than the approved Design and Construction Estimate in order to reflect the tender costs. (d) To obtain the approval of the Director for the final design and construction costs which will become the Design and Construction Budget. (e) The Developer shall construct the Parkland in accordance with the final design for the price set out in the Design and Construction Budget. The Developer shall not be entitled to any additional costs that may arise during construction, including, but not limited to, site conditions, coordination of design drawings, and consulting fees, except for changes initiated and approved by the Municipality. 3.7 Manage all Construction Activities within the Parkland (a) To retain the contractor, subcontractors, vendors and suppliers. (b) To secure and manage all construction activities within the Parkland. (c) To be totally responsible for the Parkland site during construction. (d) To change the approved tender documentation as required following the approval of tender documents. (e) To inspect the premises from time to time. (f) To be responsible for restricting public access and protection of the Parkland during construction. (g) To have construction hours of operations similar to the hours set out in the Subdivision Agreement. Page 19 of 39

20 5 (h) To repair and replace all damaged works as a result of, but not limited to, weather and vandalism. (i) To maintain a clean site free of debris, contaminates and dumping. (j) To provide copies of all actual design and construction costs expended during the construction process. 3.8 Obtain all approvals from Municipality and Authorities Having Jurisdiction (a) To obtain all approvals, at its own cost, from the Municipality, and all authorities having jurisdiction. (b) To comply with all legislative requirements including but not limited, the Occupational Health and Safety Act, Workers Safety Insurance Act and Environmental Protection Act. 3.9 Maintenance of Parkland prior to Substantial Completion to Municipality (a) The Developer shall be responsible for the maintenance of the improvements until the Parkland is assumed by the Municipality upon Substantial Completion of the construction project. Maintenance activities include but are not limited to: (i) Parkland cleanliness, cleanliness of neighborhood, noise control, mud tracking on roads, dust control, litter and weed control, turf and plant material maintenance and repairs to any type of damage regardless of cause of the damage. (ii) Watering of turf and plant material to ensure optimum growth. (iii) Replacement of all plant material that has died. (b) All costs of maintenance of the improvements shall be borne by the Developer. The Developer shall assume the full costs and responsibility for the maintenance of the Parkland, and all structures and improvements thereon Emergencies and Emergency Protocols (a) To respond and manage all emergencies, accidents and construction disruptions within the Parkland until the Parkland is assumed by the municipality. (b) To maintain an up-to-date emergency contact list of all municipal officials, contractors, consultants, vendors and suppliers associated with the construction of the Parkland. The list shall include the name, cell phone number and employer of each individual. Page 20 of 39

21 6 (c) To include in the emergency contact list, contact information for the Developer s lead management team, the Landscape Architect and municipal officials during non-business hours and weekends. (d) To advise the Director and municipality immediately of any emergency or accidents within the Parkland or associated with the Parkland development. 4. MUNICIPALITY S OBLIGATIONS: The Municipality hereby covenants and agrees with the Developer as follows: 4.1 Provide Access to Parkland (a) To provide access to the Parkland in order to permit the development and construction of works on, in, or under the Parkland in accordance with the Plans and Specifications % Payment to the Developer (a) To pay the Developer at Substantial Completion of the improvements, 90% of the approved Design and Construction Budget, approved contingencies and HST at 13%; PROVIDED no Construction Lien claim has been filed. Substantial Completion is subject to written certification of the landscape architect certifying to the Municipality that the works have been substantially completed in accordance with the Plans and Specifications, including interim payment certification, if interim payment is agreed upon. 4.3 Remaining 10% Payment to Developer (a) To pay the remaining ten percent (10%) of approved Design and Construction Budget 45 days following the publishing of the substantial completion date of the improvements and in accordance with the Construction Lien Act. 4.4 Possession of Improvements (a) To accept and take possession of the improvements when substantially completed and to operate the improvements in accordance with good, careful and prudent practices and in accordance with the manufacturer s or the Design Consultant s manual and/or specifications in respect to the Improvements. 4.5 Communications with Ratepayers and Existing Residences (a) To communicate and address issues with local ratepayers and existing residences. Page 21 of 39

22 7 5. SIGN OFF, CLOSE OUT AND HAND OVER PROCEDURES: The parties agree that the Municipality will assume control of the Parkland following: (a) (b) (c) (d) (e) (f) The Developer issuing a Certificate of Completion signed by the Landscape Architect and confirming that the Landscape Architect has inspected the Parkland and that the Parkland has been substantially completed in accordance with the construction drawings and specifications. Clearance of the 45-day day construction lien registration period pursuant to the Construction Lien Act, and confirmation of no outstanding liens. Submission of one hard copy and one electronic copy of all up-to-date drawings that reflect the current state of the Parkland and all change orders. Submission of all operating manuals. Submission of all warranty certificates. Certification of completion of the maintenance period. 6. INSURANCE AND INDEMNIFICATION: (a) (b) During the Developer s occupation of the Parkland, the Developer shall be responsible for public liability and property insurance costs for all buildings and improvements on the Parkland. The Developer shall ensure that the interest of the Municipality is shown in the said policies and such policies shall be for the highest insurable value or full replacement value for all buildings and improvements on the Parkland. The Developer shall provide proof of insurance annually to the Municipality and at any time upon request of the Municipality. The Developer covenants and agrees to indemnify and save harmless the Municipality from any and all manner of claims, damages, loss, costs or charges whatsoever occasioned to or suffered by, or imposed upon the Municipality or its property, either directly or indirectly, in respect of any matter or thing in consequence of or in connection with or arising out of the use, occupation or development by the Developer of the Parkland or any structure thereon, or out of any operation connected therewith or in respect of any accident, damage or injury to any person, animal or thing by, from, or on account of the same, and notwithstanding the fact that such use or operation may have been approved by the Municipality, its servants or agents. 7. MAINTENANCE WARRANTY: The Developer shall properly correct, at its own expense, any defect or deficiency in the workmanship of material which appears within one (1) year from the date of the issuance of the Certificate of Substantial Completion for the Park Plan development (the Warranty Period ). If the Developer shall delay or default in making good the defect or deficiency in the Park Plan development after thirty (30) days written notice from the Municipality to the Developer, then the Page 22 of 39

23 8 Municipality may arrange to correct the defect and the Developer shall be liable for all costs in connection therewith. 8. DEFAULT: In the event of continued default by the Developer in any of its obligations, including its maintenance obligations in relation to the Park Plan development, the Municipality will be entitled to rely upon the Subdivision Agreement and Amending Subdivision Agreement such that the Park Plan development would be treated as Subdivision Works including the Municipality s right to complete deficient or outstanding work and to set off any amount against the balance of the contract price or deduct from any securities held by the Municipality for the subdivision. 9. PARK NAME: The Municipality shall be responsible for confirming the name of the Parkland with the proper authorities and shall provide the Developer with a detailed design of the park sign to be used during the development of the Parkland. The developer shall maintain a park sign allowance in its design and construction budget. Upon approval from the Director, the developer shall acquire the park sign for the Parkland from the Municipalities approved supplier and install the sign at a location on the Parkland that is approved by the Director. 10. PARKLAND DEDICATION: Upon satisfactory completion of the Parkland development as contemplated in this Parkland Agreement, the parties acknowledge that the Developer s Parkland obligations as required by the Draft Plan Conditions in Schedule R, paragraph 6 of the Subdivision Agreement, will be satisfied subject to any obligations identified in this Agreement. 11. AGREEMENT BINDING: This Agreement shall be governed by the laws of the Province of Ontario and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the said Corporate Parties have hereunto affixed their corporate seals or asserted binding authority as attested by their proper signing officers in that behalf. Page 23 of 39

24 9 THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: RICK MILNE, MAYOR Date: Per: CINDY ANNE MAHER, CLERK Position: We have authority to bind the Corporation. Date: LRG TOTTENHAM INC. Per: Name: Position: President I have authority to bind the Corporation. Date: Page 24 of 39

25 10 SCHEDULE A NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Parkland Agreement. DESCRIPTION OF THE PARKLAND All and singular that certain parcel or tract of land situate, lying and being in the Town of New Tecumseth, in the County of Simcoe and being composed of Block 132, Plan 51M- 1062, Town of New Tecumseth, PIN (LT). Page 25 of 39

26 11 SCHEDULE B NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Parkland Agreement. PARKLAND DESIGN PLAN Page 26 of 39

27 12 SCHEDULE C NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Parkland Agreement. PARKLAND DESIGN AND CONSTRUCTION ESTIMATE Page 27 of 39

28 13 SCHEDULE D NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Subdivision Parkland Agreement. DEFINITIONS (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) Agreement - Parkland Agreement signed between the Owner and the Municipality for the design, development and construction of the Parkland. Approved Project Budget Budget amount for the development of the Parkland as approved by the Municipality in its 2016 capital budget including design, construction, contingencies and net of HST. Contractor Developer s prime or general contractor for the construction of the Parkland. Contingency Amount as shown in Schedule B to be used for program changes only payable to the developer at the sole discretion and approval of the Municipality. Council Council for the Municipality. Design and Construction Estimate/Costs That initial estimated/actual cost of that part of the Approved Project Budget payable to the developer for the design and construction of the Parkland excluding HST and Contingencies. Design and Construction Budget The adjusted Design and Construction costs post tender award by the Developer and as approved by the Director. Developer Owner of the registered a plan of subdivision who has commenced the development of portion of the Lands pursuant to the Subdivision Agreement) which Developed Lands are identified as Plan 51M Director Director of Parks, Recreation and Culture or designate for the Municipality. Improvements All works, materials, and equipment associated with the development and construction in, on or under the Parkland and work limit. Landscape Architect Developer s prime design consultant for the design of the Parkland, who is a full member of the Ontario Association of Landscape Architects, (OALA). Municipality - The Corporation of the Town of New Tecumseth. Parkland Lands the Developer has conveyed to the municipality for Parkland purposes as identified as Block 132 in Plan 51M Sub-Consultants Developer s sub-consultants supporting the landscape architect for the design of the Parkland. Page 28 of 39

29 14 (o) (p) (q) (r) Sub-Contractors Developer s or Contractor s sub-contractors and trades for the construction of the Parkland. Subdivision Agreement Original subdivision agreement signed between the Owner and the municipality for the development of lands as identified as Plan 51M Vendors and Suppliers Developer s vendors and suppliers who provide specific equipment, trades and services in the construction of the Parkland. Work Limit Limit of improvements in, on, under or adjacent to the Parkland as identified on the construction drawings and specifications. Page 29 of 39

30 Town of New Tecumseth ATTACHMENT #6 #PRC Park Concept Design Plan Page 30 of 39

31 Page 31 of 39

32 Page 32 of 39

33 Page 33 of 39

34 Town of New Tecumseth ATTACHMENT #8 #PRC Letter from LRG Tottenham to Name Park Request Fairview Park Page 34 of 39

35 ATTACHMENT #9 Page 35 of 39

36 Page 36 of 39

37 ATTACHMENT #10 THE CORPORATION OF THE TOWN OF NEW TECUMSETH CORPORATE POLICY Subject Title: Commemorative Naming Policy Date Approved: November 14, 2011 By-law No: Date Amended: Resolution No PURPOSE: The purpose of this policy is to outline the process for naming municipal property and to provide consistency in this process for the Town of New Tecumseth (Town). On occasion, Council may wish to acknowledge the activities and significant contributions made by individuals, companies, or organizations to the Town of New Tecumseth through the use of various tangible recognition options. POLICY: I. Definition(s): Parks: Park Furniture: Publically owned areas of open space for passive and active recreational and leisure activities including but not limited to parkettes, play fields, tennis courts, picnic pavilions and other related uses. Park furniture includes but is not limited to benches, lights, bandstands, fountains and picnic tables. Municipal Facilities: Town owned buildings and their outdoor service areas, such as arenas, recreation centres, facility yards, plazas, squares, gardens. Municipal Property: Lands owned by the Town of New Tecumseth, and all structures on said land, including but not limited to municipal facilities, parks, bridges, water reservoirs, and pumping stations. II. Policy Statement: The Commemorative Naming Policy will provide an efficient, timely and transparent process for the naming of municipal property and provide Council with comprehensible criteria to ensure consistency in the naming process. Page 37 of 39

38 Commemorative Naming Policy III. Policy Requirements: Scope: The Commemorative Naming Policy will apply to the naming of municipal property. It will honour areas or events of geographic, historic, or civic significance, or an individual or group who has exhibited distinctive achievement, service, or community contributions. This Policy will not address street names (see the Town s Street Naming Policy) Procedure: 1. When applicable, public notice will be given in local newspapers and on the Town website requesting names for new approved municipal facilities or parks. 2. The Municipal Property Naming Committee will meet to review the submissions and the Town Historical Researcher will verify the historical accuracy of the submissions at the request of the Committee. The Committee will be comprised of the Mayor, Clerk/Manager of Administration and the Manager of Parks Recreation and Culture. Additional staff shall participate on the Municipal Property Naming Committee should the review include submissions for municipal property that relates to projects under their supervision. All applicants will submit a written request for the naming of municipal property providing sufficient information as to how the proposed name satisfies the criteria of this policy. Submissions will include the following information: i) Biographical information if the submission is related to an individual; ii) Documentation including letters from organizations and individuals providing substantial support for the request; iii) Documentation verifying that the person or organization being honoured is in agreement with the naming proposal if they are living, or by their legal representative if deceased. 3. Public notice will be given outlining the names chosen by the Committee and the date the recommendations will be going forward to the Committee of the Whole for consideration. 4. The recommendation and public input will be considered by Committee of the Whole and will be subject to Council approval. 5. Town Staff will maintain a registry of unselected names for future consideration. Naming Criteria: The proposed name of municipal property shall have one or more of the following: 1. Civic significance 2. Geographic or environmental significance 3. Historical significance 4. Demonstrated excellence, courage or exceptional service to the Town of New Tecumseth, Province of Ontario, or Canada, if the proposed name is of an individual or organization. Page 2 of 3 Page 38 of 39

39 Commemorative Naming Policy The proposed name of municipal property shall not: 1. Insinuate any political affiliation 2. Duplicate or sound similar to existing municipal property 3. Be discriminatory or derogatory Memorial Dedication Program: This policy allows a family, organization, company, or individual to purchase park furniture or plant a tree and dedicate it to an individual or significant event. A plaque recognizing the individual or event will be placed on the park furniture or at the base of the tree. The placement and type of dedicated park furniture or tree will be subject to approval by Parks, Recreation and Culture Department staff. Example of Memorial Dedication Plaque Special Circumstances: There may be special occasions where the above noted review process would not be followed. These circumstances include but are not limited to: i) Contests for naming a municipal property. ii) Recognition of Donations by an individual, company or organization. Council may wish to recognize an individual, company or organization who contribute significant funding towards the construction or operating of a municipal facility or park or a portion of a municipal facility or park. All naming rights arrangements must be confirmed with a written agreement. The Town reserves the right to terminate an existing naming rights arrangement should conditions arise that make it no longer in the best interests of the Town of New Tecumseth. Example of Facility Recognition Plaque Page 3 of 3 Page 39 of 39