Report to/Rapport au :
Corporate Services and Economic Development
Committee
Comité des services
organisationnels et du développement économique
and Council / et au Conseil
25 September 2006 / le 25
septembre 2006
Submitted by/Soumis par :
John L. Moser, Acting Deputy City Manager/
Directeur municipal adjoint
par intérim,
Planning and Growth
Management/Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Rob Mackay,
Manager, Strategic Projects
Strategic Projects and Economic Development
(613) 580-2424 x22632, Rob.Mackay@ottawa.ca
SUBJECT: |
PUBLIC-PRIVATE
PARTNERSHIP - ORLÉANS TOWN CENTRE |
|
|
OBJET : |
PARTENARIAT PUBLIC-PRIVÉ – CENTRE-VILLE D’ORLÉANS |
REPORT RECOMMENDATIONS
That
Corporate Services and Economic Development Committee recommend Council:
1.
Authorize staff
to finalize the negotiations and conclude and execute all necessary agreements
with Orléans Town Centre Partnership (OTCP) for the design, build, finance,
maintenance and ownership with reversion at the end of a 30-year lease of the
proposed 8000 square metre Orléans Arts Centre (OAC) facility; the
transfer/ownership, operations, maintenance, and the provision of a 25-year
lease to the City for the Orléans Client Service Centre (CSC) building; the
transfer/ownership and development of 9.5 hectares of City land in the Orléans
Town Centre to the OTCP, and any other related agreements to the above
transactions, in accordance with the terms and conditions of the Request for Proposal
(RFP), dated December 16, 2005, the framework as set out in this report,
and subsequent negotiations between the
parties.
2.
Authorize the
City Treasurer on behalf of the City to enter into loan guarantee agreements
with a financial institution selected by Orléans Town Centre Partnership, and
satisfactory to the City, to provide financing for the construction of the
Orléans Arts Centre, to be repaid over a period of 30 years; and to
approve a City loan to OTCP for a 30-year period, in accordance with the terms
outlined in this report.
3.
Approve the
inclusion of a budget of $3.1M for required infrastructure, contained within
the OAC project budget for the development of the Town Centre lands, in
accordance with the framework of this report.
4.
Approve the allocation
of additional funds in the amount of $300,000 for project expenses for the
purpose of finalizing negotiations and drafting of legal agreements, to be
funded through the City-wide Capital Reserve Account.
5.
Designate the
future Orléans Arts Centre and the Orléans Client Service Centre, located at
255 Centrum Boulevard as Municipal Capital Facilities as permitted under
Section 110 of the Municipal Act and Ontario Regulation 46/94, and that this
designation be implemented by way of an agreement, as set out in Recommendation
1, between the City and Orléans Town Centre Partnership, and by presenting to
Council for enactment, a by-law in accordance with the requirements of the
Municipal Act and this report.
6.
Declare that the
Municipal Capital Facilities at 255 Centrum Boulevard, and the future Orléans
Arts Centre are for the purposes of the municipality and are for public use,
and are exempt from Development Charges and from property taxes, both municipal
and education.
7.
Direct the Acting
Deputy City Manager of the Planning and Growth Management Department to
immediately proceed with the planning applications, as outlined in the report.
8.
Support the
allocation of 41 affordable housing units under the Action Ottawa grant
program, at a subsidy totaling $90,000 per unit, $30,000 of which is derived
from City Capital funding, in addition to relief from development charges in
the amount of approximately $360,000 for 41 apartment units.
9.
Authorize the
severance of the City’s lands on the west side of the Town Centre into five new
lots/blocks for mortgage and title purposes, in accordance with the provisions
of the Planning Act, and in accordance with Document 2 of this report.
10.
Authorize staff
to undertake the process to declare as surplus, 9.5 +/- hectares of City-owned
land, known as the Orléans Town Centre lands, bounded approximately by Route
174 to the north, St. Joseph Boulevard to the south, 10th Line Road to the east
and Place d’Orléans Road to the west, shown in Document 5.
11.
Declare the
vacant parcel of land referred to in Recommendation 10 and shown in Document 5,
with an area of 9.5 +/- hectares, legally described in Document 6, as surplus
to the City’s needs.
12.
Authorize the
acquisition, or expropriation if necessary, of the properties, or a portion
thereof, located at 3227 and 3245 St. Joseph Boulevard for the purpose of
providing a north-south access road from St. Joseph Boulevard to the City lands
to the north in accordance with Document 3 of this report, the cost of which is
included within the project budget.
13.
Declare the
vacant parcel of land shown in Document 4, with an area of 0.21 hectares,
described as Part of Lots 34 and 35, Con. 1 (Old Survey), Geographic Township
of Cumberland, City of Ottawa, being part of PIN 14508-0215; and Part of Lot
34, Con. 1 (Old Survey), Geographic Township of Cumberland, City of Ottawa,
being part of PIN 14508-0217, subject to final survey, as surplus to the City’s
needs.
14.
Waive City policy
regarding the sale of the property referred to in Recommendation 13 at a market
value of $60,000, and approve the sale of the land to the Orléans Town Centre
Partnership for $1.00, plus GST, subject to any easements that may be required,
pursuant to an Agreement of Purchase and Sale to be executed in conjunction
with a P3 Partnership agreement.
15.
Authorize staff
to execute the construction of a public road next to the Morguard REIT lands
under the Local Improvement Act in the event negotiations fail with this
landowner for a private road in this location as per this report.
16.
Authorize the
acquisition, or expropriation if necessary, of the properties, or a portion
thereof, located at 3217 and 3227 St. Joseph Boulevard for the purpose of
constructing an east-west link to connect the existing Centrum Boulevard to the
proposed north-south road access from St. Joseph Boulevard, described in
Recommendation 12, in accordance with Document 3 and this report, the cost of
which is to be added to the overall project budget, and will result in a
corresponding increase in the amount of the loan guarantee described in
Recommendation 2.
17.
Approve construction of the Orléans Arts
Centre with a Silver LEED rating at a premium of approximately $100K, to be
added to the project budget as outlined in the report, and will result in a
corresponding increase in the amount of the loan guarantee described in
Recommendation 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services organisationnels et du
développement économique recommande au Conseil :
1.
d’autoriser le personnel à clore les négociations ainsi qu’à conclure et
à signer les ententes requises avec le Partenariat du centre d'activité
d'Orléans (PCAO) pour la conception, la construction, le financement,
l’entretien et l’établissement des conditions de propriété (assorties d’une
clause de revente au terme du bail de 30 ans) du Centre des arts d’Orléans
(CAO) proposé, d'une superficie de 8 000 mètres carrés; le transfert
de propriété, la signature d’un bail de 25 ans avec la Ville pour le
Centre du service à la clientèle (CSC) d’Orléans, l’exploitation et l’entretien
de celui-ci; le transfert de propriété au PCAO et l’aménagement des terrains
municipaux du Centre-ville d’Orléans, d’une superficie approximative de
9,5 hectares; de même qu’à conclure d’autres ententes relatives aux
transactions susmentionnées, conformément aux conditions de la demande de
propositions (DP) en date du 16 décembre 2005, au cadre d’action
défini dans le présent rapport et aux négociations ultérieures entre les
parties;
2.
d’autoriser le trésorier municipal, au nom de la Ville, à conclure des
ententes de garanties de prêt avec une institution financière choisie par le
PCAO et jugée satisfaisante pour la Ville, en vue de financer la construction
du Centre des arts d’Orléans, prêt qui sera remboursé sur une période de
30 ans; et d’approuver ledit prêt consenti par la Ville au PCAO,
conformément aux conditions énoncées dans le présent rapport;
3.
d’approuver, dans le budget du projet du CAO prévu pour l’aménagement
des terrains du Centre-ville, l’injection de 3,1 millions de dollars dans
l’infrastructure requise, conformément au cadre d’action défini dans le présent
rapport;
4.
d’approuver l’affectation de fonds supplémentaires de l’ordre de
300 000 $ pour couvrir les dépenses du projet, aux fins de la clôture
des négociations et de la préparation des ententes formelles, somme qui sera
tirée de la réserve pour immobilisations de la Ville;
5.
de désigner le Centre des arts d’Orléans et le Centre du service à la
clientèle d'Orléans (sis au 255 du boulevard Centrum) en tant
qu’immobilisations municipales, comme le stipule l’article 110 de la Loi sur les municipalités et le Règlement de l’Ontario 46/94; et de
mettre en œuvre cette désignation par voie d’entente, comme le définit la
recommandation 1, entre la Ville et le Partenariat du centre d’activité
d’Orléans, et par voie de règlement municipal soumis au Conseil pour adoption,
conformément aux exigences de la Loi sur
les municipalités et du présent rapport;
6.
de déclarer que les immobilisations municipales sises au 255 du
boulevard Centrum, ainsi que le futur Centre des arts d’Orléans, serviront aux
fins de la Ville et au grand public, et qu’elles seront exemptées des
redevances d’aménagement et de taxes foncières, tant municipales que scolaires;
7.
de demander au directeur municipal adjoint par intérim du Service de
l'urbanisme et de la gestion de la croissance de procéder immédiatement au
traitement des demandes d’aménagement, comme le précise le rapport;
8.
d’appuyer, pour l’aménagement de 41 unités de logement abordable
dans le cadre du programme de subventions d’Action Ottawa, l’affectation de
fonds de 90 000 $ par unité, dont 30 000 $ proviendront de
la réserve pour immobilisations de la Ville, ainsi que l’exemption des
41 unités aux redevances d’aménagement, ce qui représente environ
360 000 $;
9.
d’autoriser le morcellement en cinq nouveaux lots ou îlots des terrains
municipaux situés du côté ouest du Centre-ville d’Orléans pour des fins
d’hypothèque et de titre foncier, conformément aux dispositions de la Loi sur l’aménagement du territoire et
au document 2 du présent rapport;
10.
d’autoriser le personnel à entamer le processus visant à déclarer
excédentaires aux besoins de la Ville les terrains vacants municipaux d’environ
9,5 hectares connus sous le nom de terrains du Centre-ville d’Orléans,
bordés au nord par l’autoroute 174, au sud par le boulevard St-Joseph, à l’est
par le chemin Tenth Line et à l’ouest par la promenade Place d’Orléans, selon
le schéma figurant au document 5 ci-joint;
11.
de déclarer excédentaire aux besoins de la Ville la parcelle vacante
d’une superficie d’environ 9,5 hectares définie à la
recommandation 10, illustrée au document 5 et décrite au cadastre
dans le document 6 ci-joint;
12.
d’autoriser l’acquisition, ou l’expropriation au besoin, des biens-fonds
ou d’une partie des biens-fonds situés aux 3227 et 3245 du boulevard St-Joseph
en vue d’aménager un chemin d’accès nord-sud entre le boulevard St-Joseph et
les terrains municipaux au nord, conformément au document 3 du présent
rapport, et dont les coûts sont pris en compte dans le budget du projet;
13.
de déclarer excédentaire aux besoins de la Ville la parcelle vacante
illustrée au document 4, d’une superficie de 0,21 hectare, décrite comme
faisant partie des lots 34 et 35, concession 1 (ancien levé), canton
géographique de Cumberland, ville d’Ottawa, PIN 14508-0215; et faisant partie
du lot 34, concession 1 (ancien levé), canton géographique de
Cumberland, ville d’Ottawa, PIN 14508‑0217, sous réserve du levé final;
14.
de déroger à la politique municipale selon laquelle le bien-fonds décrit
à la recommandation 13 serait vendu pour 60 000 $ (valeur
marchande); et d’approuver la vente dudit bien-fonds au Partenariat du centre
d'activité d'Orléans pour la somme de 1 $, TPS en sus, sous réserve de
toute servitude pouvant être requise, en vertu de la convention d'achat-vente
qui sera signée conjointement à l’entente de partenariat public-privé (PPP);
15.
d’autoriser le personnel à entreprendre la construction d’une route
publique à côté des terrains de l’entreprise Morguard REIT, en vertu de la Loi sur les aménagements locaux, pour le
cas où les négociations avec le propriétaire de l’entreprise en vue d’aménager
une rue privée à cet endroit, conformément au présent rapport, échoueraient;
16.
d’autoriser l’acquisition, ou l’expropriation au besoin, des
biens-fonds ou d’une partie des biens-fonds situés aux 3217 et 3227 du
boulevard St-Joseph en vue d’aménager une route est-ouest reliant le boulevard
Centrum au chemin d’accès nord-sud proposé à partir du boulevard St-Joseph
(décrit à la recommandation 12), conformément au document 3 du
présent rapport, et dont les coûts seront ajoutés au budget du projet; et
entraînera une augmentation équivalente du montant de la garantie du prêt
énoncé à la recommandation no 2
17.
d’approuver
la construction du Centre des arts d’Orléans assortie d’une prime d’environ
100 000 $ découlant de la certification argent LEED accordée au
projet, fonds qui seront ajoutés au budget du projet, comme le définit le
présent rapport, et entraînera une augmentation équivalente du montant de la
garantie du prêt énoncé à la recommandation no 2.
EXECUTIVE
SUMMARY
Assumptions/Analysis:
This report summarizes the
business terms that have been negotiated with the Orléans Town Centre
Partnership (OTCP) for the purpose of providing an 8000 square metre visual and
performing arts centre. Through this public-private partnership arrangement OTCP
will address the design, construction, maintenance and ownership
responsibilities of this $36.8M facility.
The agreement includes an option for reversion of the Orléans Arts
Centre to the City at the end of a 30-year lease term. The agreement will involve selling the
Orléans Client Service Centre (CSC) to the OTCP, with a 25-year leaseback to
the City. The partnership arrangement
will also trigger the sale and development of approximately 9.5 hectares of
City-owned land in the Orléans Town Centre that is expected to cause more than
$220 million worth of construction value to occur. It is anticipated that the
Town Centre will either be completed or under full construction by 2015. Should Council approve the business terms
described in this report, construction of the Orléans Arts Centre should begin
by Spring 2007, with an opening in Fall/Winter 2008.
The Orléans Arts Centre will
be designed and constructed as an efficient, community-based performing arts
centre that will allow east-end residents to access quality cultural programs
and workshops, without having to leave their community. It will offer programs in English and
French, in collaboration with non-profit community arts partners such as Le
Mouvement d’implication Francophone d’Orléans (MIFO), the Orléans Young
Players, the Visual Arts Centre Orléans (VACO), the Gloucester Pottery School
and Arts Ottawa East.
The theatres and rehearsal
studios will serve the needs of dozens of local performing arts organizations,
professional and community organizations, current users of the former Council
Chambers in the Client Service Centre and new groups who will be attracted to
the versatility of this purpose built facility.
Development of the Town
Centre land will be divided into three phases, beginning in 2007. Phase 1 alone, includes the provision of an
80-room hotel, with the potential addition of a 280 square metre conference
centre, 100 seniors’ assisted living units, 140 seniors’ condominium units, a
new office space for the relocation of Cumberland Resource Centre to
accommodate their move to one centralized space, and a joint venture with the
YMCA/YWCA. This latter project is
premised upon the YMCA/YWCA providing land to OTCP who, in return, will build
an expansion to the Y’s gym, along with an indoor pool. Additional office
development and a mix of housing forms will also be provided through the three
phases of development, including apartments, stacked town homes, and affordable
housing.
Financial Implications:
The City retained KPMG Advisory Services to review the financial structure proposed by OTCP. The proposal will have the OTCP at financial close borrow approximately $27.8M from a financial lender. The City will back up this loan with its OAC lease payments. To fund the remaining construction costs, the City will lend the OTCP an additional +/- $9M, from the proceeds on the sale of the CSC and vacant lands. This estimated $9 million loan to the P3 partner will have a 30-year term, and bear interest, payable at maturity only. The maturity amount will be approximately $48M in year 30. At year 30, the City will also have the option to purchase the OAC for approximately $48M. The two amounts can be offset, such that the City would have no net cash inflow or outflow in year 30.
A tax benefit on the City’s estimated $9M loan should be realized for the OTCP over the 30-year period as (i) the accrued interest can be written off annually as an expense against taxable income; and (ii) the sale of the OAC by the OTCP can be deferred for 30 years under the lease arrangement. With the assistance of KPMG, certain elements of the proposed transactions were adjusted to ensure that they were commercially reasonable and that the City should have no direct or indirect liability to the Canada Revenue Agency. These safeguards and those that have been recommended by the City’s tax lawyer will be inserted into the City’s legal agreements with the P3 partner.
The City lease payments on the OAC will amount to approximately $1.4M in year one, and are based on the OTCP loan payment which is structured to increase at a rate of 2½ % per year over the 30 year loan term. The above is based on the current Government of Canada bond rate and will be adjusted at closing based on the bond rate at that time. Operating and maintenance costs on the OAC will be charged on a flow-through basis, and will be approximately $958K in year one. Lifecycle renewal costs are set at approximately $212K in year one, resulting in a total operating impact of approximately $2.57M for the OAC component of the project.
The City’s lease on the CSC building will be for a term of 25 years. Rent in year one will be in the amount of approximately $649K, which will escalate at an annual rate of 2%. The rent will also include funding for building life cycle requirements. Operating and management fees will be a flow-through to the City and are estimated at $394K in year one. The total 2007 operating budget impact to the City pertaining to the CSC will be approximately $1.04M. This is an increase of approximately $617K over the City’s current operating budget for the CSC building. The net additional operating budget impact for the OAC and CSC is therefore approximately $3.18M.
In 2004, the Development Charges By-law allocated $866K of development charge funds toward the capital cost of the Orléans Arts Centre, which at the time, was anticipated to be funded by development charges revenue and City reserves or debt. Since the project is now following a P3 model of procurement, the $866K will be re-paid over the applicable 30-year term. That is, $28,870 per year will be allocated from DC revenue toward the lease payment on the OAC. This amount has not been accounted for in the gross operating pressure of approximately $3.18M.
In accordance with the Township of Cumberland By-law 99-90, and Ontario Municipal Board approval, dated December 11, 1990, it may be necessary for the City Treasurer to issue a debenture in the amount of approximately $440K to complete the construction of the western leg of Commercial Drive as a public road. This requirement is subject to further negotiation with the adjacent landowner, Morguard REIT.
In order to finalize the negotiations and conclude and execute all necessary agreements with Orléans Town Centre Partnership, additional funds in the amount of $300K are needed to cover the City’s internal project expenses. Recommendation 4 requests the funds be sourced from the citywide capital reserve fund for this purpose.
Public Consultation/Input:
A Public Open House was held
on 12 September, 2006 at the Orléans Client Service Centre. This Open House format was held to provide
the community with the opportunity to learn about the proposed P3 project
framework, to seek clarification of the proposed business terms from City staff
and to provide their comments on the proposal.
City staff, the proponent, representatives from many east-end arts
groups, Team Ottawa-Orléans, as well as some Councilors were in
attendance. Notice of the Open House
was published in the Citizen and Le Droit.
Specific invitees included the community arts partners, the Orléans
Chamber of Commerce and Team Ottawa-Orléans.
As part of the negotiations
on the Business Terms, staff have worked with the proponent and their architect
to adjust the layout of the OAC to ensure it functions as efficiently as
possible, and meets the needs of the users.
The community arts partners who will use and occupy the space have been
consulted, and have met with the architect to discuss their space requirements.
RÉSUMÉ
Hypothèses
et analyse :
Le
présent rapport consiste en un résumé des modalités de l’entente négociée avec
le Partenariat du centre d'activité d'Orléans (PCAO) en vue de l’aménagement
d’un centre des arts visuels et de la scène d’une superficie de
8 000 pieds carrés. Dans le cadre de ce partenariat public-privé, le
PCAO assumera les responsabilités liées à la conception, à la construction, à
l’entretien et à la possession de l’installation qui aura une valeur de 36,8 $
millions. L’entente prévoit une clause de revente à la Ville du Centre des arts
d’Orléans au terme du bail de 30 ans. Les modalités de l’entente
comprennent la vente au PCAO du Centre du service à la clientèle d’Orléans et
prévoient également une clause de cession-bail de 25 ans avec la Ville. De
plus, environ 9,5 hectares de terrains appartenant à la Ville seront
vendus et aménagés dans le Centre-ville d’Orléans, ce qui devrait entraîner des
retombées de plus de 220 millions de dollars en nouvelles constructions.
Les travaux de construction dans le Centre-ville d’Orléans devraient être
achevés ou très avancés d’ici 2015. Si le Conseil municipal approuve les
modalités de l’entente décrites dans le présent rapport, on prévoit que la
construction du Centre des arts d’Orléans débutera au printemps 2007 et que
celui-ci ouvrira ses portes à l’automne-hiver 2008.
Le
Centre des arts d’Orléans sera un centre communautaire des arts visuels conçu
et construit de façon fonctionnelle, qui donnera aux résidents du secteur Est
accès à des programmes et à des ateliers culturels de qualité dans leur
quartier. Il offrira des activités en français et en anglais, en collaboration
avec des organismes artistiques communautaires sans but lucratif, comme le
Mouvement d'implication francophone d'Orléans (MIFO), les Orléans Young
Players, le Centre des arts visuels d’Orléans, l'École de poterie de Gloucester
et Arts Ottawa Est. En outre, ses salles de spectacle et de répétition
répondront aux besoins de dizaines d’organismes locaux des arts de la scène,
d’associations communautaires et professionnelles, des usagers actuels de
l’ancienne salle du Conseil au Centre du service à la clientèle et de nouveaux
groupes attirés par la polyvalence de cette installation consacrée aux arts.
Le
lotissement des terrains du Centre‑ville d’Orléans sera exécuté en trois
étapes et débutera en 2007. La première étape seulement prévoit un hôtel de
80 chambres et l’ajout possible d’un centre de congrès de 280 mètres
carrés, 100 unités en résidence pour personnes âgées, 140 logements
en copropriété pour aînés, de nouveaux locaux administratifs en vue du
déménagement du Centre de ressources communautaires de Cumberland dans un
endroit centralisé et un projet conjoint avec le YMCA‑YWCA. Celui‑ci
repose sur un échange de services : le YMCA‑YWCA met des terrains à
la disposition du PCAO qui, en retour, doit agrandir le gymnase du YMCA‑YWCA
et construire une piscine intérieure. Le plan d’aménagement en trois étapes
comprend aussi une combinaison d’utilisations résidentielles, notamment des
appartements, des maisons en rangée superposées et des logements abordables
ainsi que l’aménagement de bureaux supplémentaires.
Répercussions
financières :
La Ville a retenu les services
d’experts‑conseil de KPMG pour examiner la structure financière proposée
par le PCAO, qui sollicitera un prêt d’environ 27,8 millions de dollars.
La Ville garantira le prêt par le versement d’un loyer pour le CAO. Pour
couvrir le reste des coûts de construction, la Ville consentira au PCAO un prêt
de +/- 9 millions de dollars, qu’elle tirera des produits de la vente du
bâtiment abritant le CSC et de terrains vacants. Ce prêt estimé à
9 millions de dollars accordé au projet de PPP sera amorti sur 30 ans
et portera intérêts payables à échéance qui s’élèveront au alentour de
48 millions de dollars, principal compris. À la fin de cette période, la
Ville aura également la possibilité d’acquérir le Centre des arts d’Orléans
pour la somme approximative de 48 millions de dollars. Les deux montants
peuvent donc s’annuler de sorte que la Ville n’enregistrera aucune entrée ni
aucune sortie nette d’argent durant la dernière année du terme de 30 ans.
Le PCAO devrait bénéficier d’un
allègement fiscal sur son prêt approximative de 9 millions de dollars de
la Ville durant la période de 30 ans car i) les intérêts courus
peuvent être défalqués chaque année de son revenu imposable; ii) la vente
du CAO par le PCAO peut être reportée de 30 ans aux termes du bail.
Avec l’aide de KPMG, certains aspects des transactions proposées ont été
modifiés afin de les bonifier sur le plan commercial et de soustraire la Ville
à toute responsabilité directe ou indirecte à l’égard de l’Agence du revenu du
Canada. Ces dispositions de garantie et celles qui ont été recommandées par le
fiscaliste de la Ville seront incorporées aux ententes formelles conclues entre
la Ville d’Ottawa et le partenaire du projet de PPP.
Le loyer que la Ville versera pour
le CAO totalisera environ 1,4 million de dollars la première année et est
fixé en fonction des versements pour le remboursement du prêt du PCAO, qui
devraient augmenter de 2.5 p. 100 par année pendant 30 ans. Le
montant a été calculé à partir du taux des obligations du gouvernement du
Canada et sera ajusté au moment de la signature selon le taux en vigueur. Les
coûts d’exploitation et d’entretien du CAO seront transférés au budget de
fonctionnement et se chiffreront à environ 958 000 $ pour la première
année. Les coûts de renouvellement associés à la durée utile sont évalués au
alentour de 212 000 $ pour la première année. Il faut donc prévoir
des dépenses de fonctionnement totales d’environ 2,57 millions de dollars
pour le volet du projet qui touche le CAO.
La Ville signera un bail de
25 ans pour le bâtiment abritant le CSC. Le loyer s’élèvera à environ
649 000 $ la première année et augmentera de 2 p. 100
annuellement. Le loyer inclura les coûts de renouvellement associés à la durée
utile. Les coûts d’exploitation et d’entretien seront transférés au budget de
fonctionnement de la Ville et sont évalués à 394 000 $ pour la
première année. La somme totale à prévoir au budget de fonctionnement de 2007
pour le CSC est de l’ordre de 1,04 million de dollars, ce qui correspond à
une augmentation approximative de 617 000 $ par rapport au budget de
fonctionnement actuel de la Ville pour le CSC. La somme supplémentaire nette à
prévoir au budget de fonctionnement pour le CAO et le CSC s’élève ainsi dans
l’ordre de 3,18 millions de dollars.
En 2004, la Ville, aux termes de son
Règlement municipal sur les redevances d’aménagement, a alloué
866 000 $ en fonds de redevances d'aménagement pour éponger une
partie des coûts d'immobilisation du Centre des arts d’Orléans qui devait alors
être financé en utilisant les fonds de redevances d’aménagement et les réserves
de la Ville ou encore par emprunt. Comme on a adopté maintenant la formule
d’acquisition par partenariat public‑privé, les 866 000 $
seront remboursés sur la période de 30 ans applicable. Par conséquent,
28 870 $ par année provenant des fonds de redevances d’aménagement
seront affectés au loyer pour le CAO. Cette somme n’a pas été comptabilisée
dans le budget de fonctionnement estimé à 3,18 millions de dollars.
En application du Règlement no
99‑90 de l'ancien Canton de Cumberland et compte tenu de l’approbation à
cet égard de la Commission des affaires municipales de l'Ontario en date du
11 décembre 1990, il se peut que le trésorier municipal soit obligé
d’émettre une obligation non garantie dans l’ordre de 440 000 $ pour
achever la construction du tronçon ouest de la route Commercial sous forme de
voie publique. Tout dépend des négociations à mener avec le propriétaire du
terrain adjacent, l’entreprise Morguard REIT.
Afin de clore les négociations et de
conclure et signer toutes les ententes requises avec le Partenariat du centre
d’activité d’Orléans, des fonds supplémentaires de l’ordre de
300 000 $ doivent être affectés pour couvrir les dépenses internes
engagées pour le projet. La recommandation no 4 demande que les
fonds nécessaires soient tirés de la réserve pour immobilisations de la Ville.
Consultation
publique / commentaires :
Une
réunion portes ouvertes a eu lieu le 12 septembre 2006 au Centre du service à
la clientèle d’Orléans. Elle visait à
permettre à la population de se renseigner sur la formule de partenariat
public-privé proposée pour le projet, d’obtenir du personnel de la Ville des
éclaircissements sur les modalités d’affaires et de formuler des commentaires
sur la proposition. Des membres du
personnel de la Ville, le promoteur, des représentants de nombreux groupements
artistiques de l’est de la ville et de l’Équipe Ottawa-Orléans ainsi que
certains conseillers municipaux assistaient à la réunion. L’avis de convocation à cette réunion portes
ouvertes avait été publié dans l’Ottawa
Citizen et Le Droit. Les partenaires du milieu des arts
communautaires, la Chambre de commerce d’Orléans et l’Équipe Ottawa-Orléans
avaient été expressément invités.
Dans
le cadre de la négociation des modalités d’affaires, le personnel a collaboré
avec le promoteur et son architecte afin d’apporter des rectifications au plan
d’implantation du Centre des arts d’Orléans afin que celui-ci soit le plus
efficient possible tout en répondant aux besoins des utilisateurs. Les partenaires du milieu des arts
communautaires qui utiliseront et occuperont les locaux ont été consultés et
ont rencontré l’architecte afin de discuter de l’espace dont ils ont besoin.
On October 26, 2005 Council
directed staff to proceed to Stage 2 of the procurement process for the
construction of a new Orléans Arts Centre (OAC) facility and the development of
the Orléans Town Centre land using a Public-Private Partnership (P3) approach. Stage 2 of the process involved the release
of a Request for Proposals (RFP) to an approved shortlist of four qualified
respondents. The RFP was distributed on
10 December 2005 by Supply Management Division to the short listed Respondents,
and closed on 23 March 2006. An
extensive evaluation process was undertaken by a team of staff subject matter
experts who determined that, of the two proposals received, the one submitted
by the Orléans Town Centre Partnership (OTCP) best met the requirements of the
RFP. OTCP is a consortium made up of
Forum Leasehold Partners Inc. as the managing partner, Aecon Buildings Inc. as
the constructor, Johnson Controls Inc. as facilities manager, and Lemay &
Doyle Architects.
A Fairness Commissioner was
retained to oversee the Stage 2 (RFP stage), whose report indicates that “all
the procurement management activities to date have been conducted in an open,
fair and transparent manner without any actual or perceived conflicts of
interest; without any compromise to the fair and equitable treatment of all qualified
proponents; and without any compromise to the integrity of the process as a
whole”.
On 23 May 2006, Council
authorized staff to proceed to enter into negotiations with OTCP for the
construction of an Orléans Arts Centre, the sale and lease back of the Orléans
Client Service Centre and the sale and development of 9.5 hectares of City-owned
vacant land in the Orléans Town Centre.
Since receiving Council authority, staff have held negotiation sessions
with representatives of OTCP to establish the business terms of a partnership
agreement. This report summarizes the
negotiated business terms and seeks approval from Committee and Council on the
execution of the partnership agreements.
Should Council approve these business terms, negotiations of the legal
terms of the agreements will begin immediately, with execution of the
partnership agreements anticipated in early 2007.
DISCUSSION
The P3 agreements will
address the design, construction, maintenance and ownership responsibilities of
an approximate 8000 square metre visual and performing arts centre by the OTCP,
with the City having an option to purchase the facility at the end of a 30-year
lease term. It will involve selling the
Orléans Client Service Centre (CSC) to the OTCP and the City will lease back
the building for a period of 25 years. The agreements will also include the
sale and development of approximately 9.5 hectares of City-owned land in the
Orléans Town Centre that will cause an estimated $220 million worth of
construction value to be under construction by 2015.
The two-fold objective of
developing an east-end community arts centre and causing significant economic
development within the Orléans Town Centre will be realized as a result of this
partnership agreement. The development
plan proposes office, retail, hotel, seniors’ housing and a mix of residential
uses, including affordable housing.
Development is proposed to occur in three phases, beginning with the
start of construction of the OAC in Spring 2007. The proposed development plan is attached as Document 1.
Orléans Arts Centre
The capital construction
cost of the OAC, its associated site infrastructure and landscaping, as well as
a share of infrastructure costs to develop the Town Centre land are included in
the proposed project budget of $36.8M.
Through the design-build process for the OAC, this price will be fixed,
requiring OTCP to stay to this price over the construction period. While most issues with the building that
were identified in the previous report to Committee and Council have been
resolved over the last three months as a result of discussions with the
proponent, City staff and arts partners will be working closely with OTCP
during the design development phase of the project to ensure that the City’s
equipment, design, site and building requirements are fully met in accordance
with the City agreement. Construction
of the OAC is slated to begin Spring 2007, with occupancy planned for the
Fall/Winter of 2008.
Design
and Construction
The Orléans Arts Centre will be designed and constructed as an efficient, community-based performing arts centre that will allow east end residents to access quality cultural programs and workshops, without having to leave their community. The proposed building will have an approximate gross floor area of 8000 square metres.
LEED Silver as an Option
The City’s “Green Building Policy for the City of Ottawa Buildings”, adopted in September 2005, requires new City buildings to achieve a minimum LEED Certification rating, and where it can be demonstrated that the additional investment for Silver LEED will be paid back through a reduction in operating costs over a period of seven years, this higher rating should be pursued. Staff is recommending that this project showcase the City’s efforts toward achieving sustainable building practices by achieving the City's first LEED Silver rated building.
By adding to the budget the
additional capital cost of approximately $100K, a LEED Silver rating will
result in specific modifications to the mechanical and electrical systems that
would produce long-term efficiencies and reduce operating costs. The upgrades would also relate to enhanced
operating measures and controls by the P3 operator (BLJC-JCI) to further reduce
operating costs.
It is projected that the
annual operating savings related to these LEED Silver upgrades will exceed the
increased annual payment, resulting in a net savings to the City from day one
of occupancy of the OAC. Because energy
costs are predicted to increase through the term of the P3 agreement, a LEED
Silver rating could cause additional net savings to the City in the
future.
The exact system
modifications and accurate payback information cannot be determined at this
time and will be refined at the design development stage, following execution
of the P3 agreement. Recommendation 17
requests that Council support construction of the building using a Silver LEED
rating for the additional cost of approximately $100K which amount can be added
to the $36.8M project budget.
The arts centre will be
composed of the following areas and respective ancillary support spaces:
500-seat
Performing Arts Hall
Studio Theatre
with retractable fixed seating for 100
Dance Rehearsal
Studio
Music Rehearsal
Studio
Orléans Young
Players Theatre School
Municipal Art Gallery
Visual Arts Centre Orléans
Gloucester Pottery School
Artist in Residence Studios
New Media Arts Studios
The complex will include
necessary administrative and community meeting space for the arts centre’s
municipal employees and its arts program providers: Visual Arts Centre,
Orléans, Gloucester Pottery School, Arts Ottawa East, Mouvement d’implication
francophone d’Orléans (MIFO) and Orléans Young Players.
A small café will be
included in the design to meet the needs of patrons and staff, offering coffee
and light food for lunches. Café rental revenues will revert to the Department
of Community and Protective Services to help offset costs associated with the
programming. A kitchen and service bar
are provided for catering functions during special events, gallery vernissages,
green room, receptions and for theatre intermission bar service.
The 500-seat performing arts
hall will have approximately 375 seats located on the lower level and 125 seats
located on the upper level. The design
will ensure a sense of intimacy between the stage and the entire audience
chamber. The theatre will be
acoustically biased towards the spoken word (unamplified) and will have
flexible arrangements. All lighting,
sound, blackouts, mechanical and electrical components are to be to industry
standard and must take into consideration the lifespan of the facility and any
future technology required within that lifespan.
The theatre design includes
a 20-metre high fly tower complete with fly rigging system, catwalks to access
theatre lighting equipment, orchestra pit for 16 musicians with the capability
of rising from pit level to stage level, a sprung stage floor and an orchestra
shell.
The 100-seat studio theatre
is a 450 square metre multi-purpose space for both rehearsals and public
performances. Studio theatre dimensions are equivalent to 125% of the theatre
stage in order to double as a rehearsal space for the main theatre. The motorized
retractable seating system can be retracted on short notice to allow for
various forms of assembly. Walls are a perforated metal acoustic wall panel
with adjustable black velour curtains to allow for easy acoustical tuning. The
ceiling includes a trampoline wire mesh system to allow for safe and easy
access to all theatrical lighting fixtures.
Seating in both performing arts spaces will accommodate wheelchair
seating and provide assisted listening systems.
The design of this facility
emphasizes a multi-disciplinary arts mix, thereby meeting the community’s need
for program-specific space that caters to a mix of performing arts, visual
arts, and new media, with a strong focus on direct physical participation. The
design layout encourages encounters between performers, staff, volunteers and
the public.
The selection of finishes is
intended to address suitability and durability of the proposed materials. The
finishes will be selected to offer the spaces an appropriate sense of vibrancy,
colour, warmth and a level of finish suitable to the occupancy of the space.
The materials will be selected to maintain their ‘as new’ appearance throughout
the expected life with regular, simple maintenance. Finishes in the areas
utilized by the public, including foyers, corridors and performing arts spaces
associated with the facility are to be of a high quality. Back of house
finishes and finishes in the spaces associated with the visual arts and pottery
studios will be more utilitarian to meet their programming and occupancy
requirements. However these finishes
will tie into the other finishes through the use of colour, design and
patterning.
The City has reserved the
rights to all signage and advertising in and outside the OAC building. In addition to building and way-finding,
signage on the site will include an electronic marquee sign, which will be
located at the front of the OAC building, and another large sign that will be
visible from Highway 174. At the design
stage, it will be determined whether the marquee sign will be building-mounted
or free-standing along the Centrum Boulevard elevation of the building.
Architecturally, the
building will have its main entrance on Centrum Boulevard and will stand two
storeys high at the front. Due to the
steep grade difference, the rear of the building, which faces highway 174 will
appear as 3.5 storeys, including the fly tower, and will act as a second main
entrance as all parking is located behind the building. The design is consistent with a Main Street
form of development and also with the applicable Cumberland Town Centre Design Guidelines. Also consistent with the guidelines, the building will be clad
primarily with brick and will present an impressive glass curtain wall along
its front elevation. Document 7
presents a rendering of the proposed building exterior.
A drop-off area and
short-term parking for ticket purchases will be provided at the front of the
building. Because the main parking area
is located at the rear of the building, a new private access road will be constructed
that will run parallel to Highway 174, and will intersect Centrum Boulevard at
two points. This road, called
Commercial Drive, will also serve the purpose of opening up for development the
vacant City land along Highway 174 on the north side of the Client Service
Centre and proposed Orléans Arts Centre.
Commercial Drive is proposed
to run along the western property limit of the City lands, thereby giving
shared access to the adjacent undeveloped lands to the west, owned by Morguard
REIT. In an attempt to maximize development in the Town Centre, as per the
City’s Official Plan and be sensitive to current market requirements for the
proposed office, hotel and mixed use space, staff have entered into discussions
with the REIT representatives regarding the proposed roads. In these
discussions, staff have proposed that all of Commercial Drive including this
leg of the road be constructed as a private road, which in accordance with the
City's traffic study, is adequate to serve the arts centre and expected
development in this area. Prior to the formation of the City of Ottawa, lands
were transferred to the Township of Cumberland by the previous owner of the
Morguard REIT lands and Perez Corporation whose lands are now owned by the City
for a public road in this location. Reversionary rights to some of these lands
still exist for Morguard REIT.
As the private road will use
less land, staff have proposed to Morguard REIT that all excess land previously
transferred to the Township and not used for the private road, be retained by
the City, and that Morguard REIT release their reversionary rights to these
excess lands. Lands that are transferred to the City will be used for
development purposes.
In exchange for releasing
these rights to the municipality, staff are proposing the City initially pay
100% of the construction cost of the private road through the OAC's project
budget. Morguard REIT would be responsible
for paying 50% of the anticipated total cost upon connection of their first
on-site road to this private road.
Should Morguard REIT not pay their share of the private road costs
within five years of the construction of the private road, staff are proposing
that interest accrue on the amount owing to the City until payment is made. The
full construction cost of the private road is currently estimated at $316K and
would be shared equally with Morguard REIT.
As a next step, staff will author a memorandum of understanding with
REIT representatives on this issue.
Should Morguard REIT not
support a private road and a suitable cost sharing arrangement, staff have
recommended in this report that the City trigger a public road under an
existing Local Improvement By-law.
Morguard REIT will be required to re-pay 100% of the cost of
construction through their taxes due to a previous agreement related to some of
the required lands for the road being deeded to the City at no cost to Morguard
REIT.
The current estimated
construction cost for the public road is approximately $440K. This approach will require the City
Treasurer to issue a debenture in this amount in the first Quarter of 2007, for
which authority to debenture the amount was given to the Treasurer of the
Township of Cumberland by By-law 99-90, and subsequently approved by the
Ontario Municipal Board on December 11, 1990.
Either a private road or a
public road along the REIT property line to Centrum Blvd. will conform with the
OTCP proposal and adequately serve the OAC and other development in this area
of the Town Centre. Staff are
recommending the OTCP construct a road in 2007 in this location to serve this
part of the Town Centre and the OAC. Moreover, a recent traffic analysis
commissioned by the City calls for the completion of a loop road system to
Centrum Boulevard which will include this segment of Commercial Drive next to
the REIT property line.
The cost of construction of
the remainder of Commercial Drive and the shared parking areas will be
allocated proportionately between the OAC, and existing and future land owners
in this area. On-going maintenance of the private road and the parking area behind
the OAC will be shared proportionately between the OAC and other land owners
using this infrastructure including for example, the hotel, office buildings
and senior's condo and assisted living buildings. The City's share of the maintenance costs are in the range of
$22K in year one, and have been incorporated into the project budget.
For the 30-year term of the
P3 partnership, the City will enter into a maintenance agreement with OTCP who
will provide the property management services for the OAC building and its site
through its partner BLJC-JCI. This Property Management agreement will include
detailed and relevant performance specifications and criteria reflecting the
long-term operational needs of the City.
As required by the City’s
Bilingualism Policy, property management services will be provided in both
official languages. The fee for
property management services will be charged to the City on a flow-through
basis as part of the operations and maintenance costs. Billing of operating and maintenance costs
will be based on a monthly flat rate, which is reconciled on a regular basis
with actual costs.
Arts
Centre Programming and Management
The Arts Centre will be regarded as a public municipal facility and will operate 12-16 hours a day, seven days a week. As with any new municipal centre, an annual estimated operating budget for the programming component of the facility when it is fully operational in 2009 is estimated at $650K, net of rental revenues. Day-to-day operations include a range of programming and services in both official languages, such as theatre technical and production support, patron services, marketing and promotion, booking /registration, front of house services, box office services, volunteer development, program and community liaison, gallery coordinator, facility attendants and security.
Bilingual municipal employees of the City’s Cultural Services Division will manage the Orléans Arts Centre and a volunteer advisory committee of community representatives is being created to advise City staff and guide the direction of the Centre. Arts Ottawa East and Le Mouvement d’implication Francophone d’Orléans (MIFO) will play a leadership role on this committee.
The Arts Centre will be a
friendly community focal point that offers programs in English and French, in
collaboration with non-profit community arts partners such as Le Mouvement
d’implication Francophone d’Orléans (MIFO), who will present French programming
in the theatres, the Orléans Young Players, the Visual Arts Centre Orléans
(VACO), the Gloucester Pottery School and Arts Ottawa East. The theatres and
rehearsal studios will serve the needs of dozens of local performing arts
organizations, professional and community organizations, current users of the
former Council Chambers in the Client Service Centre and new groups who will be
attracted to the versatility of this purpose built facility. When available,
space will also be rented to non-arts groups and for commercial bookings. The Arts Centre will reflect the growing
cultural diversity of the City’s eastern district, as evidenced by the dozen or
so ethno-cultural groups who now use the existing theatre space in the Orléans
Client Service Centre for cultural presentations. Arts instruction programs are cornerstones in child and youth
development, and the overall building program integrates the need for active
participation, with the need to present performances and exhibitions.
The west wing of the arts
centre will house instruction studios to be operated
by the Orléans Young Players, the Visual Arts Centre Orléans (VACO), and the
Gloucester Pottery School, east end non-profit arts groups who will bring a
large clientele base into the building during the day and in the evenings for
classes and special events. These
organizations have provided design input and are enthusiastic about relocating
from inadequate facilities located across the district together to a new
complex that is designed specifically for the delivery of quality arts
programs. In this way, the entire site
will be optimized to establish a well-rounded, community-based, and financially
viable arts facility that serves the public from one central location in the
east end.
Fundraising for the future
Arts Ottawa East has been
asked to take the lead on all community fund-raising initiatives, including
soliciting naming rights relating to the Arts Centre, as the City’s official
agent. City Council will not be involved in the approval of the naming rights
agreement concluded by Arts Ottawa East on the name of the Arts Centre.
Although P3 projects are exempt from the City’s Sponsorship Policy, Arts Ottawa
East will still adhere to the Sponsorship Policy guidelines to secure naming
rights in perpetuity for the Arts Centre and consult with City staff to review
the naming rights agreement and proposed name. Arts Ottawa East will work in
collaboration with MIFO, Visual Arts Centre Orléans, Gloucester Pottery School
and Orléans Young Players who will be the City’s major programming partners for
the centre.
Arts Ottawa East will
deposit the funds raised and received from the naming rights agreement in an
endowment fund established for the purpose of sustaining the arts partners in
the delivery of their public programming at the centre.
The annual interest income
will support the creation and implementation of new program initiatives as well
as capacity building to support the ongoing development of these groups. The
funds would be targeted to strengthening local artists and arts organizations
and to support the creation of new, innovative and expanded programs and
services within the Orléans Arts Centre. This will provide a stronger municipal facility that will be able to meet
the increasing demand for cultural programs. A funding vehicle accessible to other
east-end community arts organizations that use the arts centre will also be
established.
Arts Ottawa East has been working closely with the City’s Cultural Services Division to develop fundraising initiatives and to create an appropriate funding framework for the disposition of the annual income. This approach will exceed the $500K first identified as the goal for a community fundraising campaign and the establishment of an endowment will guarantee that funds to support quality arts programs at the centre will be available not only during the 30-year term of the agreement, but in perpetuity.
Provincial funding of $2.5
million announced in March 2006 will be invested in the endowment fund and used
to offset additional specialized visual, performing and media arts equipment and
program needs for the Orléans Arts Centre and its partner groups which will be
needed over the 30 year term of the agreement. It will ensure that sufficient
fit-up, organizational development and equipment funds are available over the
life of the 30-year term to support the programs being delivered to the public.
This grant is an essential community-building tool for the future growth and
development and vibrancy of the arts facility, which is the anchor for the Town
Centre development.
Expanding the capacity of
local arts organizations to provide quality and accessible programs and
services, to strengthen their governance structures and to increase their
ability to effectively raise funds is critical to the success of the future
arts centre. Community partnerships are
a cost effective way for the City to deliver services and programs. A unique
and innovative model to build community capacity has been inaugurated along
with plans for the centre. It is a long-term sustainability plan that could
become a model for other cities. This provincial grant represents a critical
and vital support to the sustainability and viability of this facility, and the
City recognizes this important contribution by the Province of Ontario. The
City will announce the annual disbursements arising from the Provincial
contribution.
Financial
Framework
The total cost of
construction of the new OAC by OTCP is approximately $36.8M. With reference to the City’s public sector
comparator (PSC), previous staff reports have estimated the construction cost
at approximately $27M, using 2005 dollars.
However, since construction of the facility will begin in the first
quarter of 2007, costs must be adjusted for inflation between the 2005 estimate
and actual time of construction. The
adjustment of the 2005 cost estimate to 2007 dollars raises the City’s PSC to
approximately $29.3M.
The revised number impacts
other project costs that are calculated on a percentage basis. This includes the fee for “art in public
spaces”, building permit fees, and landscaping. Also, since the PSC was calculated, additional equipment and
signage has been identified and is required for the OAC. After these adjustments the revised PSC now
stands at approximately $31.6M.
The balance of $5.2M of
additional project cost for the OAC is caused by a number of factors. Further OTCP due diligence with civil
engineers and architects pertaining to site development revealed specific
development requirements to accommodate the building and make the site
work. For example, the steep grade
difference across the site where the building is to be located requires
significant retaining walls to be constructed along the west side of the OAC
building. Also, the site development costs for the parking area, its curbs and
site landscaping are higher than previously estimated. These design features were not contemplated
in the original PSC.
In addition, the City's PSC
had contemplated a building that was connected and integrated into the Orléans
Client Service Centre (CSC), and which converted some of the CSC space for use
by the OAC. The OTCP proposal is for a
stand-alone building with the possibility of two pedestrian links to the CSC,
which results in a building that is approximately 180 square metres larger than
what was estimated in the PSC. After
further analysis of this proposed integrated design, staff and various
respondents to the City’s Request for Qualifications on this project supported
a free standing building with prominence on Centrum Boulevard. Previously suggested efficiencies resulting
from the integration of the two buildings were problematic, requiring
significant upgrades to the mechanical systems and renovations to the CSC which
would need to remain fully functional for City staff during the alterations.
As well there are added
costs to the project from the P3 Partner who will be undertaking not only the
OAC but also the whole Town Centre development.
Finally, the capital cost
estimated through the original PSC had been reduced by $500K based on an
assumption that community fundraising in this amount would be applied against
the capital cost of construction.
However, it is recommended that such funds instead be directed toward an
endowment fund for programming the facility.
In previous staff reports, a
25-year leaseback term for the OAC had been recommended. The proposed business terms are based on a
30-year term for the OAC as a measure to reduce the City's annual operating
pressure for the project.
The $36.8M project cost will
be reduced by the fair market value that the City and OTCP have agreed to for
the City’s land and the CSC, amounting to approximately $12.1M. The City’s share of the cost of
infrastructure enhancements for development of the Town Centre land is $3.1M,
and is proposed to be deducted from the offset amount, leaving a net offset of
approximately $9M, which reduces the amount to be financed for the OAC from
$36.8M to approximately $27.8M.
To enable the P3 partner to
finance the estimated $27.8M cost, the City will lease the OAC for approximately
$1.4M in year one, and this amount is based on OTCP’s loan payment which is
structured to increase at 2.5% per year over the loan term of 30 years. Contribution to the life-cycle reserve fund
is net of the rent payment and is set at approximately 1% of the hard
construction value of the OAC, at approximately $212K in year one. Operating and maintenance costs are also net
of the rent payment, with the first year estimate being $958K. In year 30, the City’s option agreement with
the OTCP will allow the OAC to revert
to the City, along with the lifecycle reserve fund.
Municipal
Capital Facilities Agreement
The proposal submitted by
OTCP is based on a fixed price for the delivery of the OAC and development of
the Town Centre lands, which is predicated upon waiving certain financial
requirements in constructing a building for public use.
The OAC will be operated by
the City and will ultimately revert to City ownership under an option
agreement, and therefore qualifies to be designated as a Municipal Capital
Facility (MCF) under the provisions of the Municipal Act. Recommendation 5 of this report recommends
MCF status be given to the OAC, which will exempt OTCP from paying both
development charges and realty tax on the building. OTCP will also require the City to guarantee its construction
loan/mortgage from a private lender, as is indicated in Recommendation 2.
Client Service Centre
Staff are proposing that the
City transfer ownership in perpetuity of its Orléans Client Service Centre
property to OTCP as an offset to the cost of the OAC. The City will lease back the building in its entirety for a
25-year term, beginning in Q1 2007.
CSC
Lease/Operations and Maintenance
The City’s lease will
include all useable area of the building, based on 3752 square metres of
leasable space, plus the existing underground parking, which will continue to
be made available to staff, CSC clients as well as OAC patrons. The proposed head lease will give the City
the ability to use for its own purposes any surplus space that may become
available in the building over the term.
Currently, some space is leased to the federal M.P. This lease will
continue to be honoured under the new P3 arrangement, with revenues reverting
to the City.
During the construction
period of the OAC, the existing Gloucester art gallery and 200-seat former
Council chambers, now being used as a theatre space, will continue to be
operated by the Cultural Services Division and be used by community arts
groups. Once the OAC is complete, these
vacant spaces will be converted for City use. Funds have been included within
the project budget for the purpose of renovating the theatre/Council chambers
and art gallery spaces to a base-building state.
The City’s net lease of the
CSC building will include base building lifecycle replacement, but be net of
operating and maintenance costs, which are flow through to the City. Like the OAC, billing will be based on a
fixed rate for operating and utility costs that will be adjusted on a regular
basis to reflect actual costs.
Financial
Framework
The City will transfer
ownership of the CSC to OTCP upon financial close in January 2007 and the City
will lease the complete building for a 25-year term.
In year one, the CSC lease
will be approximately $649K per annum and is based on the OTCP’s loan for this
facility which has a 2% annual increase built into its structure. A life cycle
component is also built into the lease for the building. Operating and Maintenance costs are
estimated at an additional $394K in year one, representing a total year one
rent payment by the City of approximately $1.04M. The City’s current annual operating expense for the CSC building
is approximately $366K, plus an annual life cycle costs of approximately
$60K. Thus the net additional operating
pressure to the City for the CSC lease in year one is approximately $617K.
Municipal
Capital Facilities Agreement
As per Recommendations 5 and
6 of this report, designation of the CSC property as a Municipal Capital
Facility will exempt the City-occupied areas of the building from the
requirement to pay realty tax for the term of the lease. Any sub-leases to a non-public entity may be
subject to a proportional rate of realty tax.
Vacant Land Development and
Performance Requirements
This P3 project is unique in
that it has the two-fold objective of constructing the Orléans Arts Centre and
causing significant economic development to occur on the surrounding Town
Centre lands.
Proposed
Town Centre Development
Construction of the new OAC
will act as a catalyst for development of the 9.5 hectares of vacant land to be
transferred to OTCP as an offset to the overall project cost.
The P3 agreement will
protect the City for non-performance on the Town Centre lands within the agreed
to time frame through reversion and performance security requirements. The following table summarizes OTCP proposed
development.
Phase 1 (within 2yrs of
release of a building permit for the OAC) |
Estimated Development Yield |
Estimated Construction
Value Upon Completion |
Residential |
|
|
Affordable Housing * Market Apartments Building Townhomes Stacked Townhomes |
51 112 25 112 |
$5 M $24 M $6
M $20
M |
Orléans Arts Centre
|
8000 sq.m. |
|
Hotel & conference centre
|
80 room Hotel 280 sq.m. conference
centre** |
$12 M |
Cumberland Resource Centre |
1700 sq.m. |
$4 M |
Pool and Gym expansion on
YMCA |
14,000 sq. ft |
$4 M |
Mixed Use |
1300 sq.m. |
$6 M |
Senior Condo (units) |
140 |
$42 M |
Retirement Home (units) |
100 |
$29 M |
TOTAL
in Phase 1 |
|
$152 M |
* 41 units proposed to receive funding through “Action Ottawa” grant
program
** Subject to more due diligence
Phase 2 (within 5yrs of
release of a building permit for the OAC) |
Estimated Development Yield |
Estimated Construction
Value Upon Completion |
Stacked Town homes |
64 |
$9 M |
Market Apartments |
45 |
$7 M |
Luxury Condo’s |
96 |
$20 M |
Office Building |
7400 square metres |
$15 M |
Phase 3 (within 7yrs of
release of a building permit for the OAC) |
|
|
Office Building |
7400 square metres |
$15 M |
Parking structure |
Size TBD |
$2 M |
TOTAL for Phases 1, 2 and 3 |
|
$220M |
The trigger for Phase 1
development will be the issuance of a building permit for the OAC, wherein OTCP
is required to initiate construction on its Phase 1 commitments within two
years of the date for which the permit for the OAC is drawn. Exceptions that extend these dates out by a
reasonable amount of time do apply to specific uses such as the hotel, which
currently requires a minor Zoning By-law amendment to be approved by the
City. The timing of Phase 2 and Phase 3
development will require that construction be initiated approximately within
five and seven years, respectively from the date of issuance of a building
permit for the OAC.
Phase 1 development of the west (mixed-use lands) side of the Town Centre includes the provision of an 80-room hotel, with the potential addition of a 280 square metre conference centre which is subject to further market testing, 100 rooms of seniors’ assisted living, a 140-room seniors’ condominium, new office space for the relocation of Cumberland Resource Centre to accommodate their move to one centralized space, and a joint venture with the YMCA/YWCA. This latter project is premised upon the YMCA/YWCA providing land to OTCP who will, in return, build an expansion to the Y’s gym, along with an indoor pool. The Board of the YMCA/YWCA have supported the land transference to the OTCP and will proceed with a market and feasibility study to confirm the business plan and market need for their proposed pool and GYM expansion.
Phase 2 will see the
construction of an 7400 square metre office tower, while Phase 3 proposes the
construction of a second identical office tower, along with a parking structure
that will become necessary to provide sufficient parking.
On the east (residential)
lands, 393 units of a variety of housing forms are to be constructed on the
vacant City land. Another 112-unit
market apartment building is also proposed to be built on land that OTCP are attempting
to purchase from a private vendor, shown as Building N on the proposed
development plan attached as Document 1.
Performance
Security
As security for the
development of key land uses in Phase 1, the City will hold back $2.5M of
project funding owing to OTCP. Of this,
$1M will be released upon construction of the seniors' residences/mixed-use
development with an approximate value of $48M.
Another $1.5M will be released upon construction of the hotel or one of
the proposed office buildings, which ever comes first.
Through the P3 agreement, the City will require OTCP to perform on its commitments as described in Tables 1 and 2. Failure to perform on these commitments will result in the City having the option to trigger reversion of all vacant City land in each phase where agreed to performance dates have been missed. This would give the City the right to re-acquire a parcel of land at a price that is based on the original price paid for the land by OTCP.
Planning
Permissions
OTCP’s proposed development
plan conforms with the City’s Official Plan polices in all respects. A Zoning By-law amendment is required to
complete the full development as proposed.
Advancement of proposed
development beyond the OAC requires approval of a Zoning By-law amendment that
will reduce the parking requirements for apartment uses across the site. The required amendment would result in a
parking standard for apartments that is less than that required by the former
Cumberland Zoning By-law, but is appropriate for Town Centre development that
is in proximity to transit service.
The City’s Development
Charges By-law offers relief on the roads portion of development charges for
apartment buildings constructed within 500 metres of a planned transit station,
subject to the provision of only one parking space per dwelling unit. OTCP’s proposed apartment units are located
within 500 metres of planned stations, therefore to receive the development
charge relief the parking standard would need to be reduced for the proposed
apartment buildings. Also related to
the apartment uses is the requirement for either a minor variance or Zoning
By-law amendment to permit the height limit of the seniors’ condominium on the
western mixed-use lands to be the same as other main buildings in the
zone. A minor adjustment to the parking
standard for office uses will also be necessary. Other amendments are simply housekeeping related and are required
for mortgage purposes, having no impact on the physical development of the
land.
Separate planning
applications will also be needed in order to advance development in accordance
with the performance requirements, as listed in TABLES 1 and 2. These adjustments will include a Road
Closing related to a previous alignment of Commercial Drive, and a road opening
for a new public road as shown on the development plan contained in Document
1. Recommendation 7 requests that
Council direct staff to immediately proceed with the above planning
applications.
Development of the remaining
land will be subject to the standard planning approval processes including
subdivision and/or condominium and site plan control. As an initial step in preparation for financial close in January
2007, the west lands will need to be severed into four separate conveyable
properties, plus a block to create the private road, Commercial Drive, that
will provide access to the OAC and surrounding west (mixed-use) development
lands. The land is currently City-owned
and can therefore simply be severed through reference plan. Recommendation 9 seeks authorization for
staff to undertake this process.
The business terms identify
that the 9.5 hectares of City land will be transferred to OTCP upon financial
close. As part of the planning
approvals that follow, parkland will be dedicated back to the City in the form
of two parks, one in each of the west and east areas. It is the intent that these Town Centre parks will be fully
developed as soon as possible, and to facilitate this objective, a budget of
$550K is included within the overall OAC project budget to allow the complete
development of the two Town Centre parks.
Another key requirement for
completion of the Orléans Town Centre will be the planned extension of existing
Centrum Boulevard, connecting to St. Joseph Boulevard, as displayed in the City
Official Plan, Volume 2B, Cumberland Town Centre policies. For the purpose of the business terms, the
Centrum Boulevard extension has been divided into two sections. The first runs north-south, and its
construction is required in order to provide access from St. Joseph Boulevard
to the City lands to the north that will be conveyed to the OTCP for
residential development. The second
section runs east-west, and connects the existing Centrum Boulevard with the
north-south Centrum link.
While the north-south link
is required by the recent Traffic Study commissioned by the City, the east-west
link is optional, but does represent good planning in that it connects the
residential component of the Town Centre with the mixed-use and employment
component of that neighbourhood. Staff support this road connection and have
included Recommendation16 which if approved would have the project budget
increase to cover the necessary costs.
A fourth property,
containing a condominium and an old farmhouse will also be impacted by the
optional east-west extension of Centrum Boulevard. The Site Plan agreement registered on title to this property
ensures that the farmhouse will be removed at the expense of the landowner if
and when Centrum Boulevard is to be constructed.
OTCP will attempt to
purchase the land required to complete the required north-south access from St.
Joseph Boulevard to the City’s lands to the north. However, if they are unsuccessful in acquiring this land, Recommendation
12 proposes that the City will acquire or expropriate, if necessary, the land
needed to accommodate the Centrum Boulevard right-of-way, affecting two
properties that currently enjoy legal non-conforming status and contain
single-detached dwellings. Under the
business terms, OTCP have agreed to pay the City’s actual cost of acquisition
and the actual cost of construction of the required north-south section of
Centrum Boulevard. Additional
expropriation costs will fall to the City.
Road
at 10th Line Road
Efficient servicing of the
Town Centre land will also require a road connection running from the Town
Centre east residential land, under the 10th Line Road overpass, connecting to
the existing right of way that runs north of the new police station. However, the land located east of 10th Line
Road was not included in the original project framework, and therefore requires
that the land be circulated for consideration as surplus land prior to being
used for the road. Staff has advised
that the necessary land area has an estimated market value of $60K. However, Recommendation 14 requests that
City policy regarding the sale of City property at market value be waived for
this purpose. Recommendations 13 and 14
give staff the authority to proceed with the process of declaring the land
surplus to the City’s needs.
Affordable
Housing
The development of
City-owned land requires compliance with the City’s Housing First affordable
housing policies, which state that a minimum of 25% of all new housing must
meet affordability targets as defined by the Official Plan, of which 10% must
be affordable to the 20th income percentile.
In this case, OTCP have partnered with Phoenix Homes and Verdiroc Ltd.
to construct a total of 393 dwelling units on the City-owned land to the east,
and propose to exceed the minimum affordability requirements. OTCP proposes to construct one 3.5 storey
apartment building containing 51 apartments, of which 41 (or 10.4% of the new
dwelling units) will be targeted to the 20th income percentile and below and
will require funding under the “Action Ottawa” grant program. The grant program currently provides
approximately $60K per unit of federal and provincial funding and $30K per unit
of City funding.
A further 176 stacked
townhouse units, or 45% of the proposed dwelling units will be targeted to the
40th income percentile or below, thereby exceeding the City’s Housing First
Policy expectations for affordable housing on this site.
The City’s Housing Branch
supports the principle of providing affordable housing as part of the Orléans
Town Centre development, and support the allocation of “Action Ottawa” units to
the project, subject to the proposal meeting the program guidelines and
criteria for project development in terms of quality of construction,
amenities, management, and most importantly, financial viability.
Approval of Recommendation 8
will authorize the Deputy City Manager of Community and Protective Services to
grant the requested funding for 41 units under the “Action Ottawa” program.
The City will transfer
ownership to the OTCP of the vacant land upon financial close in January 2007,
and OTCP will provide a payment to the City for these lands. In combination with the value attributed to
the CSC and the credit for City’s aggregation of office space, the total value
of the offsets is approximately $12.1M.
$3.1 M is proposed to be reinvested back into required infrastructure to
comprehensively develop the vacant Town Centre lands leaving a residual value
of approximately $9M.
In order for OTCP to deliver
the project at a fixed price of $36.8M, the business terms also provide
forgiveness of the roads portion of development charges applicable to the
proposed apartment buildings located within 500 metres of a future transit
station. This provision is consistent
with the City’s Development Charges By-law.
Risk Distribution
OTCP is assuming all risks
associated with the capital cost of design and construction of the OAC, as well
as its related infrastructure through a fixed-price design-build contract. A performance bond will be in place to
warrant this construction cost. Should
costs escalate beyond the budgeted capital cost set out in the partnership
agreement, OTCP will be responsible to deliver the OAC within the approved
budget and time frame and still satisfy the City’s requirements. OTCP will also assume certain risk as a
result of the City’s holdback on $2.5M for its performance in terms of
construction on the vacant Town Centre lands.
The City will assume the
risk of guaranteeing the OAC mortgage/loan.
In addition, the City will pledge its lease of the CSC building to
OTCP’s lender for the purchase of the building. This implies that, should OTCP become insolvent for any reason,
ownership of the buildings would fall to the lender, but all provisions
contained in the P3 agreement including typical landlord responsibilities would
remain in effect.
The creation of a lifecycle
reserve for the OAC also mitigates any risk to the City and will allow for the
timely completion of lifecycle renewal work.
This will ensure that the City receives the OAC building with all its
life cycle elements attended to at the end of the 30-year term. Life cycle
elements within the CSC will also be funded through the City lease ensuring the
building elements are addressed as required.
P3 Benefits to the Community
Economic Benefits
This project is part of a
City-shaping development strategy where the Orléans Arts Centre is the
much-needed "anchor" to complete the City’s vision for a vibrant Town
Centre Community in the east end of Ottawa.
The new Arts Centre will become a destination point and will attract
visitors as a major attraction in the east end of the City.
The secondary objective to this P3 framework is to trigger significant economic development for the east end of Ottawa, and complete one of the City's three planned Town Centre communities. Started over 20 years ago, this 50-acre Town Centre community has currently anchored within it, a regional scale shopping centre, theatres, retail stores, a Client Service Centre and a variety of housing forms. Approximately 9.5 hectares of land remains vacant and will be completed by 2015 through this public-private partnership.
The Orléans Town Centre
lands are a challenge to develop and are constrained by significant grade
changes through the site, deep bedrock for foundation support in certain areas,
and limited width for development between Centrum Boulevard and Highway 174. This P3 project offers the City the
opportunity to cause development on Town Centre lands that may otherwise sit
vacant for years to come. Earlier
development of the land benefits the City by increasing the tax base, providing
additional east-end employment, encouraging infill residential development, and
offering a mix of housing types, including affordable housing and housing for
seniors.
The overall economic impact
of the partnership is estimated at $220 Million of construction value spread
over approximately 500 new dwelling units and 400,000 sq ft of new office,
retail, recreation, and arts centre space.
In addition, $75 Million of direct and indirect economic benefit to the
local economy will be realized during construction through payroll, purchased
supplies and equipment rentals. On
average, 49 new jobs will be created per month during the 18-month construction
phase of the Orléans Arts Centre.
Approximately 300 new jobs are expected to be created as a result of the
overall construction proposed for the Orléans Town Centre.
The project will earn the
City approximately $10M in present value dollars of development charges, other
City development fees, and building permits fees. Staff have also estimated that
$3.2M per year in increased property taxes can be expected, net of the
Orléans Arts Centre and Client Service Centre that will be exempt as Municipal
Capital Facilities.
CONSULTATION
A Public Open House was held
on 12 September 2006 at the Orléans Client Service Centre. This Open House format was held to provide
the community with the opportunity to learn about the proposed P3 project
framework, to seek clarification of the proposed business terms from City staff
and to provide their comments on the proposal.
City staff, the proponent, representatives from many east-end arts
groups, Team Ottawa-Orléans, as well as some Councilors were in
attendance. Notice of the Open House
was published in the Citizen and Le Droit.
Specific invitees included the community arts partners, the Orléans
Chamber of Commerce and Team Ottawa-Orléans.
As part of the negotiations
on the Business Terms, staff have worked with the proponent and their architect
to adjust the layout of the OAC to ensure it functions as efficiently as
possible, and meets the needs of the users.
The community arts partners who will use and occupy the space have been
consulted, and have met with the architect to discuss their space requirements.
FINANCIAL IMPLICATIONS
The City retained KPMG Advisory Services to review the financial structure proposed by OTCP. The proposal will have the OTCP at financial close borrow approximately $27.8M from a financial lender. The City will back up this loan with its OAC lease payments. To fund the remaining construction costs, the City will lend the OTCP an additional +/- $9M from the proceeds on the sale of the CSC and vacant lands. This estimated $9 million loan to the P3 partner will have a 30 year term, and bear interest, payable at maturity only. The maturity amount will be approximately $48M in year 30. At year 30, the City will also have the option to purchase the OAC for approximately $48M. The two amounts can be offset, such that the City would have no net cash inflow or outflow in year 30.
A tax benefit on the City’s estimated $9M loan should be realized for the OTCP over the 30 year period as (i) the accrued interest can be written off annually as an expense against taxable income; and (ii) the sale of the OAC by the OTCP can be deferred for 30 years under the lease arrangement. With the assistance of KPMG, certain elements of the proposed transactions were adjusted to ensure that they were commercially reasonable and that the City should have no direct or indirect liability to the Canada Revenue Agency. These safeguards and those that have been recommended by the City’s tax lawyer will be inserted into the City’s legal agreements with the P3 partner.
The City lease payments on the OAC will amount to approximately $1.4M in year one, and are based on the OTCP loan payment which is structured to increase at a rate of 2.5% per year over the 30 year loan term. The above is based on the current Government of Canada bond rate and will be adjusted at closing based on the bond rate at that time.
Operating and maintenance costs on the OAC will be charged on a flow-through basis, and will be approximately $958K in year one. Lifecycle renewal costs are set at approximately $212K in year one, resulting in a total operating impact of approximately $2.57M for the OAC component of the project.
The City’s lease on the CSC building will be for a term of 25 years. Rent in year one will be in the amount of $649K, which will escalate at a rate of 2 % per year over the 25 year loan term. The rent will also include funding for building life cycle requirements. Operating and management fees will be a flow-through to the City and are estimated at $394K in year one. The total 2007 operating budget impact to the City pertaining to the CSC will be approximately $1.04M. This is an increase of approximately $617K over the City’s current operating budget for the CSC building. The net additional operating budget impact for the OAC and CSC is therefore approximately $3.18M. This estimated annual operating impact translates into a tax increase of approximately 0.06% in 2007, and an additional 0.27% in 2009 when the City takes occupancy of the OAC.
Approval of
Recommendation(s) 16 and/or 17 would cause a relative increase in the project
budget and in the amount of the City guarantee. This will be financed over the 30-year term, which will
marginally increase the City’s annual operating pressure. Recommendation 16 authorizes the acquisition
or expropriation of the land required to complete the planned extension of
Centrum Boulevard through the Town Centre.
Approval of Recommendation 17 would allow the construction of the OAC to
achieve a LEED Silver rating.
In 2004, the Development Charges By-law allocated $866K of development charge funds toward the capital cost of the Orléans Arts Centre, which at the time, was anticipated to be funded by DC revenue and City reserves or debt. Since the project is now following a P3 model of procurement, the $866K will be paid over the applicable 30-year term. That is, $28,870 per year will be allocated from DC revenue toward the lease payment on the OAC. This amount has not been accounted for in the gross operating pressure of approximately $3.18M.
In accordance with the Township of Cumberland By-law 99-90, and Ontario Municipal Board approval, dated December 11, 1990, it may be necessary for the City Treasurer to issue a debenture in the amount of approximately $440K to complete the construction of the western leg of Commercial Drive as a public road. This requirement is subject to further negotiation with the adjacent landowner, Morguard REIT.
In order to finalize the negotiations and conclude and execute all necessary agreements with Orléans Town Centre Partnership, additional funds in the amount of $300K are needed to cover the City’s internal project expenses. Recommendation 4 requests the funds be sourced from the citywide reserve fund for this purpose.
SUPPORTING DOCUMENTATION
Document 1 - OTCP Proposed
Development Plan
Document 2 - Proposed
Severance Plan
Document 3 - Centrum
Boulevard right-of-way
Document 4 - Surplus land
for right-of-way east of 10th Line Road
Document
5 - Surplus Town Centre land
Document 6 - Legal
Description of City-owned Town Centre land to be declared surplus
Document
7 - Orléans Arts Centre Exterior Perspective
DISPOSITION
The Economic Development and
Strategic Projects Branch, in conjunction with the Cultural Services and
Community Funding Branch will immediately finalize and arrange for the
execution of the necessary agreements to implement this public-private
partnership with OTCP. Submission of
Planning applications for severance, and rezonings will proceed immediately,
with a view to starting construction of the OAC by Spring 2007, and a
completion date of Fall/Winter 2008.
OTCP PROPOSED DEVELOPMENT PLAN DOCUMENT
1
PROPOSED SEVERANCE PLAN DOCUMENT
2
CENTRUM BOULEVARD
RIGHT-OF-WAY DOCUMENT
3
SURPLUS LAND FOR RIGHT-OF-WAY EAST OF
TENTH LINE ROAD DOCUMENT
4
SURPLUS TOWN CENTRE LAND DOCUMENT 5
LEGAL DESCRIPTION OF CITY-OWNED TOWN
CENTRE
LAND TO BE DECLARED SURPLUS DOCUMENT 6
BLK 1, PL 50M-165 SAVE AND EXCEPT PART 1 ON 4R11043
S/T TO AN EASEMENT IN FAVOUR OF PART 1 ON 4R18385 OVER PARTS
1, 2, 7, 8, 9, 10, 11 AND 12 ON 4R20025 AS IN OC500921 (being a storm sewer easement)
PART OF LOT 35 CONCESSION 1 (OLD SURVEY), DESIGNATED AS
PARTS 1 TO 16 ON 4R21225.
SUBJECT TO AN EASEMENT IN FAVOUR OF THE CORPORATION OF THE
TOWNSHIP OF CUMBERLAND, OVER PARTS 4, 5, 6, 7 & 8 ON 4R21225, AS IN RR69357
(being a storm sewer easement)
S/T TO AN EASEMENT IN FAVOUR OF PART 1 ON 4R18385 OVER PARTS
8, 9, 10 & 11 ON 4R21225 AS IN OC500921 (being
a Trunk Sanitary Sewer easement)
14508-0007
PCL 2-1, SEC 50M-165; BLK 2, PL 50M-165, EXCEPT PT 1,
50R6429, PT 1, 50R6731, PTS 2, 3 & 5, 50R6873 & PTS 9, 10 & 11,
4R8205
S/T RLT61044 (Blanket
easement in favour of Skyline Cablevision)
S/T RLT68975 (Sanitary
Storm Sewer easement in favour of Twp. of Cumberland over parts 2 to 6 on
50R6963)
SUBJECT TO AN EASEMENT AS IN OC591803 (being a blanket easement in favour of Hydro-One)
14508-0013
PCL 6-1, SEC 50M-165; PT BLK 6, PL 50M-165, PART 26, 4R8205
S/T RLT68972 (Easement
in favour of Ontario Hydro over part 10 on 50R6963)
14508-0014
PCL 6-2, SEC 50M-165; PT BLK 6, PL 50M-165, PART 1, 50R5892
S/T RLT79501 (Easement
in favour of Bell Canada over part 1 on 50R7209)
14508-0015
PCL 6-4, SEC 50M-165 ; PT BLK 6, PL 50M-165 , PART 27 ,
4R8205
14508-0016
PCL 6-4, SEC 50M-165; PT BLK 6, PL 50M-165, PART 22 &
23, 4R8205; PCL 2-3, SEC 50M-165; PT BLK 2, PL 50M-165, PART 9 & 10,
4R8205; PCL STREETS-1, SEC 50M-165; PT COMMERCIAL DR, PL 50M-165, PART 15 &
33, 4R8205, CLOSED BY BYLAW LT789196
S/T RLT61044 (Easement
in favour of Skyline Cablevision over Block 2 Plan 50M-165 save and except part
1 on 50R6429)
S/T RLT68248 (Easement
in favour of Ontario Hydro over part 6 on 50R6963)
S/T RLT68975 (Sanitary
Storm Sewer easement in favour of Twp. of Cumberland over parts 2 to 6 on
50R6963)
14508-0018
PCL 6-1, SEC 50M-165; PT BLK 6, PL 50M-165, PART 20, 21, 32,
4R8205
14508-0019
PCL 7-1, SEC 50M-165; BLK 7, PL 50M-165
14508-0020
PCL 8-1, SEC 50M-165; BLK 8, PL 50M-165
14508-0021
PCL 9-1, SEC 50M-165; BLK 9, PL 50M-165
14508-0156
PCL 2-1, SEC 50M-165; PT BLK 2, PL 50M-165, PART 11, 4R8205
AND PAR T 4 PLAN 50R6873
S/T RLT61044 (Blanket
easement in favour of Skyline Cablevision)
S/T RLT68975 (Sanitary
Storm Sewer easement in favour of Twp. of Cumberland over parts 2 to 6 on
50R6963)
SUBJECT TO AN EASEMENT AS IN OC591803 (being a blanket easement in favour of Hydro-One)
14508-0175
PCL STREETS-2, SEC 50M-165; PT COMMERCIAL DRIVE, PL 50M-165,
BEING PARTS 1, 2, 5, 6, 7, 16, 17, 18, 30 & 31 ON 4R8205; CLOSED BY BYLAW
LT789196
14508-0176
PCL STREETS-2, SEC 50M-165; PT COMMERCIAL DRIVE, PL 50M-165,
PART 12, 4R8205, CLOSED BY BYLAW LT789196
14508-0177
PCL STREETS-1, SEC 50M-165; PT COMMERCIAL DRIVE, PL 50M-165,
BEING N OF CENTRUM BLVD & W OF BLK 6, 50M-165
14508-0178
PCL 6-3, SEC 50M-165; PT BLK 6, PL 50M-165, PART 2, 50R6621
14508-0195
PT LT 37, CON 1OS , PART 1 , 50R6621
14508-0218
PT BLK 6 PLAN 50M165, PART 35 PLAN 4R15243
14508-0220
PT COMMERCIAL DRIVE PLAN 50M165 AS STOPPED UP AND CLOSED BY
BYLAW LT789196, PART36 PLAN 4R15243
14508-0255
PT OF LOT 36, CONCESSION 1, CUMBERLAND (OLD SURVEY),
DESIGNATED AS PART 1 ON PLAN 4R-15550. OTTAWA.
TOGETHER WITH AS IN RR23105B ***(being an old right of
way for access to land from Old Montreal Road- note right of way was released
in back title on 50M165- waiting on pin correction to have removed)
All formerly Cumberland now City of Ottawa
ORLEANS ARTS CENTRE EXTERIOR PERSPECTIVE DOCUMENT 7