Ontario Ministry of the Environment and Climate Change - Record of Site Condition #

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1 Ontario Ministry of the Environment and Climate Change - Record of Site Condition # Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Record of Site Condition Number Date Filed to Environmental Site Registry 2015/06/01 Certification Date 2015/04/08 Current Property Use Commercial Intended Property Use Residential Certificate of Property Use Number No CPU Applicable Site Condition Standards** Full Depth Generic Site Conditions Standard, with Non-potable Ground Water, Medium and Fine Textured Soil, for Residential property use Property Municipal Address 9582 MARKHAM ROAD, MARKHAM, ON, L3P 3J3 Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment and Climate Change. Filed Record of Site Condition # on 2015/06/01 1 of 21

2 PART 1: PROPERTY OWNERSHIP, PROPERTY INFORMATION AND OWNER'S CERTIFICATIONS Information about the owner who is submitting or authorizing the submission of the RSC Owner Name Authorized Person Mailing Address Postal Code FLATO TOWERS SKS INC. SHAKIR REHMATULLAH 503, 3621 HIGHWAY 7 EAST, MARKHAM ONTARIO, CANADA L3R 0G6 Phone (416) Fax Address shakir@flatogroup.com Filed Record of Site Condition # on 2015/06/01 2 of 21

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 9582 MARKHAM ROAD, MARKHAM, ON L3P 3J3 Markham See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 639, Northing 4,862, RSC Property Use Information The following types of property uses are defined by the Regulation: Agricultural or other use, Commercial use, Community use, Industrial use, Institutional use, Parkland use, and Residential use. Current Property Use Intended Property Use Certificate of Property Use has been issued under section of the EPA Commercial Residential No Filed Record of Site Condition # on 2015/06/01 3 of 21

4 Please See the Signed Statements of Property Owner, or Agent, or Receiver at the End of this RSC The rest of this page has been left intentionally blank Filed Record of Site Condition # on 2015/06/01 4 of 21

5 PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON S STATEMENTS AND CERTIFICATIONS Qualified Person's Information Name Type of Licence Under Professional Engineers Act IAN S. CHIU Licence Licence Number QP Employer Name Mailing Address SOIL ENGINEERS LTD. 100 NUGGET AVENUE, TORONTO ONTARIO, M1S 3A7 CANADA Phone (416) Fax (416) Address ianchiu@soilengineersltd.com Municipal Information Local or Single-Tier Municipality Upper-Tier Municipality Markham York Ministry of the Environment and Climate Change District Office District Office District Office Address York-Durham District Office 230 Westney Rd. S., 5th floor, Ajax ON L1S 7J5 Filed Record of Site Condition # on 2015/06/01 5 of 21

6 Phase One Environmental Site Assessment Report Document used as the phase one environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P1 ESA Phase One Environmental Site Assessment, Proposed Residential Development, 9582 Markham Road, City of Markham Min Song, B.A. Sc.; Ian Chiu, P.Eng., Q.P. ESA SOIL ENGINEERS LTD. Reports and Other Documents Related to the Phase One Environmental Site Assessment Reports and other documents relied upon in certifying the information set out in section 10 of Schedule A or otherwise used in conducting the phase one environmental site assessment Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company Final Report, Limited Phase II Environmental Site Assessment, 9582 Highway 48, Markham, Ontario Phase I Environmental Site Assessment and Designated Substances Survey, 9582 Highway 48, Markham, Onatio Soil and Groundwater Management Plan, 9582 Highway 48, Markham, Ontario Supplemental Phase II Environmental Site Assessment and Delineation of Petroleum Impact, 9582 Highway 48, Markham, Ontario Phase One Environmental Site Assessment, Proposed Residential Development, 9582 Highway 48, Town of Markham Darrol Rice, B. Tech.Env., CCEP; Lori Festarini, P. Geo.; Robert MacKenzie, P. Geo David Bebee, CET; Mahaboob Alam, Ph.D., P.Geo.; Mori H. Mortazavi, M.Eng., P. Eng., P.Geo Mahaboob Alam, Ph.D., P.Geo Dave H. Azo, Ph.D., EIT; Mahaboob Alam, Ph.D., P.Geo Anthony Upper, B.Sc., Dip.Env. Tech.; Ian Chiu, P.Eng., Q.P.ESA Jacques Whitford Ltd. Peto MacCallum Ltd. Peto MacCallum Ltd. Peto MacCallum Ltd. Soil Engineers Ltd. Peer Review, 9582 HWY 48 - Phase I ESA Report Tabitha Lee, M.Eng., P.Eng. Cole Engineering Group Ltd. Response from MOE Freedom of Information Office, Phase One Site Assessment, Proposed Residential Development, 9582 Highway 48, Town of Markham Anthony Upper, B.Sc., Dip.Env. Tech.; Ian Chiu, P.Eng., Q.P.ESA Soil Engineers Ltd. Draft Peer Review, 9582 Hwy 48 - Interim Phase II ESA Report Tabitha Lee, M.Eng., P.Eng. Filed Record of Site Condition # on 2015/06/01 Cole Engineering Group Ltd. 6 of 21

7 Phase II Environmental Site Assessment, Proposed Residential Development, 9582 Highway 48, City of Markham M.Eng., P.Eng. Ltd Anthony Upper, B.Sc., Dip.Env. Tech.; Ian Chiu, P.Eng., Q.P.ESA Soil Engineers Ltd. Filed Record of Site Condition # on 2015/06/01 7 of 21

8 Phase Two Environmental Site Assessment Report Document used as the phase two environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the planning of the site investigation and conducting the site investigation components of the phase two environmental site assessment was done (refer to clause 33.5(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P2 ESA Phase Two Environmental Site Assessment, Proposed Residential Development, 9582 Markham Road, City of Markham Min Song, B.A. Sc.; Ian Chiu, P.Eng., Q.P. ESA SOIL ENGINEERS LTD. Reports and Other Documents Related to the Phase Two Environmental Site Assessment Reports and other documents relied upon in making any certifications in the RSC for the purposes of Part IV of Schedule A or otherwise used in conducting the phase two environmental site assessment Report Title Soil Sampling and Chemical Analysis, Proposed Condominium - Arthouse Tower, 9582 Markham Road (Highway 48), City of Markham Date of Report (YYYY/MM/DD) Author of Report Min Song, B.A. Sc.,; Ian Chiu, P.Eng., Q.P. ESA Name of Consulting Company Soil Engineers Ltd. Filed Record of Site Condition # on 2015/06/01 8 of 21

9 Environmental Condition Section 41 applies? Section 43.1 applies? No No Site Condition Information Certification date (YYYY/MM/DD) 2015/04/08 Total area of RSC property (in hectares) Number of any previously filed RSC that applies to any part of the RSC property Number of any previously filed Transition Notice that applies to any part of the RSC property Soil Texture Assessment/Restoration Approach Site investigation includes the investigation, sampling and analysis of ground water? Is there soil present that is sufficient to investigate, sample and analyze soil on, in or under the property in accordance with s. 6, Schedule E of O.Reg. 153/04? Site investigation includes the investigation, sampling and analysis of soil on, in or under the property which is used in the RSC? Name of the laboratory used to analyze any samples collected of soil, ground water or sediment Ground water condition (potable, non-potable) Medium and Fine Full Depth Generic Yes Yes Yes AGAT LABORATORIES Non-potable Applicable Site Condition Standard TABLE 3 Local or single-tier municipality non-potable written notification date 2015/04/29 Upper-tier municipality non-potable written notification date 2015/04/28 Filed Record of Site Condition # on 2015/06/01 9 of 21

10 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 1 Benzene µg/g 2 Ethylbenzene µg/g 3 Toluene < µg/g 4 Xylene Mixture µg/g 5 Petroleum Hydrocarbons F1**** < 5 65 µg/g 6 Petroleum Hydrocarbons F2 < µg/g 7 Petroleum Hydrocarbons F3 < µg/g 8 Petroleum Hydrocarbons F4 < µg/g 9 Acenaphthene < µg/g 10 Acenaphthylene < µg/g 11 Anthracene < µg/g 12 Benz[a]anthracene < µg/g 13 Benzo[a]pyrene < µg/g 14 Benzo[b]fluoranthene < µg/g 15 Benzo[ghi]perylene < µg/g 16 Benzo[k]fluoranthene < µg/g 17 Chrysene < µg/g 18 Dibenz[a h]anthracene < µg/g 19 Fluoranthene < µg/g 20 Fluorene < µg/g 21 Indeno[1 2 3-cd]pyrene < µg/g 22 Methlynaphthalene, 2-(1-) *** µg/g 23 Naphthalene µg/g 24 Phenanthrene < µg/g 25 Pyrene < µg/g 26 Antimony < µg/g 27 Arsenic 3 18 µg/g 28 Selenium < µg/g 29 Bromodichloromethane < µg/g 30 Bromoform < µg/g 31 Dibromochloromethane < µg/g 32 Acetone < µg/g 33 Bromomethane < µg/g 34 Carbon Tetrachloride < µg/g 35 Chlorobenzene < µg/g...continued on next page Filed Record of Site Condition # on 2015/06/01 10 of 21

11 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 36 Chloroform < µg/g 37 Dichlorobenzene, 1,2- < µg/g 38 Dichlorobenzene, 1,3- < µg/g 39 Dichlorobenzene, 1,4- < µg/g 40 Dichlorodifluoromethane < µg/g 41 Dichloroethane, 1,1- < µg/g 42 Dichloroethane, 1,2- < µg/g 43 Dichloroethylene, 1,1- < µg/g 44 Dichloroethylene, 1,2-cis- < µg/g 45 Dichloroethylene, 1,2-trans- < µg/g 46 Dichloropropane, 1,2- < µg/g 47 Dichloropropene,1,3- < µg/g 48 Ethylene dibromide < µg/g 49 Hexane (n) µg/g 50 Methyl Ethyl Ketone < µg/g 51 Methyl Isobutyl Ketone < µg/g 52 Methyl tert-butyl Ether (MTBE) < µg/g 53 Methylene Chloride < µg/g 54 Styrene < µg/g 55 Tetrachloroethane, 1,1,1,2- < µg/g 56 Tetrachloroethane, 1,1,2,2- < µg/g 57 Tetrachloroethylene < µg/g 58 Trichloroethane, 1,1,1- < µg/g 59 Trichloroethane, 1,1,2- < µg/g 60 Trichloroethylene < µg/g 61 Trichlorofluoromethane < µg/g 62 Vinyl Chloride < µg/g 63 Boron (Hot Water Soluble)* µg/g 64 Chromium VI < µg/g 65 Cyanide (CN-) < µg/g 66 Electrical Conductivity ms/cm 67 Mercury < µg/g 68 Sodium Adsorption Ratio Barium µg/g 70 Beryllium < µg/g...continued on next page Filed Record of Site Condition # on 2015/06/01 11 of 21

12 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 71 Boron (total) µg/g 72 Cadmium < µg/g 73 Chromium Total µg/g 74 Cobalt µg/g 75 Copper µg/g 76 Lead µg/g 77 Molybdenum µg/g 78 Nickel µg/g 79 Silver < µg/g 80 Thallium < µg/g 81 Uranium µg/g 82 Vanadium µg/g 83 Zinc µg/g Filed Record of Site Condition # on 2015/06/01 12 of 21

13 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 1 Benzene µg/l 2 Ethylbenzene µg/l 3 Toluene µg/l 4 Xylene Mixture µg/l 5 Antimony < µg/l 6 Arsenic µg/l 7 Selenium µg/l 8 Sodium 58, µg/l 9 Barium µg/l 10 Beryllium < µg/l 11 Boron (total) µg/l 12 Cadmium < µg/l 13 Chromium Total µg/l 14 Cobalt µg/l 15 Copper µg/l 16 Lead 1 25 µg/l 17 Molybdenum µg/l 18 Nickel µg/l 19 Silver < µg/l 20 Thallium < µg/l 21 Uranium µg/l 22 Vanadium µg/l 23 Zinc < µg/l 24 Chloride 102, µg/l 25 Chromium VI < µg/l 26 Cyanide (CN-) < 2 66 µg/l 27 Mercury < µg/l 28 Acenaphthene < µg/l 29 Acenaphthylene < µg/l 30 Anthracene < µg/l 31 Benz[a]anthracene < µg/l 32 Benzo[a]pyrene < µg/l 33 Benzo[b]fluoranthene < µg/l 34 Benzo[ghi]perylene < µg/l 35 Benzo[k]fluoranthene < µg/l...continued on next page Filed Record of Site Condition # on 2015/06/01 13 of 21

14 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 36 Chrysene < µg/l 37 Dibenz[a h]anthracene < µg/l 38 Fluoranthene < µg/l 39 Fluorene µg/l 40 Indeno[1 2 3-cd]pyrene < µg/l 41 Methlynaphthalene, 2-(1-) *** µg/l 42 Naphthalene µg/l 43 Phenanthrene µg/l 44 Pyrene < µg/l 45 Acetone µg/l 46 Bromomethane < µg/l 47 Carbon Tetrachloride < µg/l 48 Chlorobenzene < µg/l 49 Chloroform < µg/l 50 Dichlorobenzene, 1,2- < µg/l 51 Dichlorobenzene, 1,3- < µg/l 52 Dichlorobenzene, 1,4- < µg/l 53 Dichlorodifluoromethane < µg/l 54 Dichloroethane, 1,1- < µg/l 55 Dichloroethane, 1,2- < µg/l 56 Dichloroethylene, 1,1- < µg/l 57 Dichloroethylene, 1,2-cis- < µg/l 58 Dichloroethylene, 1,2-trans- < µg/l 59 Dichloropropane, 1,2- < µg/l 60 Dichloropropene,1,3- < µg/l 61 Ethylene dibromide < µg/l 62 Hexane (n) < µg/l 63 Methyl Ethyl Ketone µg/l 64 Methyl Isobutyl Ketone < µg/l 65 Methyl tert-butyl Ether (MTBE) µg/l 66 Methylene Chloride < µg/l 67 Styrene < µg/l 68 Tetrachloroethane, 1,1,1,2- < µg/l 69 Tetrachloroethane, 1,1,2,2- < µg/l 70 Tetrachloroethylene < µg/l...continued on next page Filed Record of Site Condition # on 2015/06/01 14 of 21

15 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 71 Trichloroethane, 1,1,1- < µg/l 72 Trichloroethane, 1,1,2- < µg/l 73 Trichloroethylene µg/l 74 Trichlorofluoromethane < µg/l 75 Vinyl Chloride < µg/l 76 Petroleum Hydrocarbons F1**** < µg/l 77 Petroleum Hydrocarbons F2 < µg/l 78 Petroleum Hydrocarbons F3 < µg/l 79 Petroleum Hydrocarbons F4 < µg/l 80 Bromodichloromethane < µg/l 81 Bromoform < µg/l 82 Dibromochloromethane < µg/l Filed Record of Site Condition # on 2015/06/01 15 of 21

16 Remedial Action and Mitigation Remediated Soils Estimated quantities of the soil, if any, originating at and remaining on the RSC property that have been remediated, at a location either on or off the property, to reduce the concentration of contaminants in the soil. Indicate the remediation process or processes used and the estimated amount of soil remediated by each identified process. Soil Remediation Process Estimated Quantity of Soil (in-ground volume in m³) Description of Remediation Description of any action taken to reduce the concentration of contaminants (including soil removals) on, in or under the RSC property. None. Soil or Sediment Removed and Not Returned Estimated quantities of soil or sediment, if any, removed from and not returned to the RSC property. Estimated Quantity of Soil (in-ground volume in m³) 0.0 Estimated Quantity of Sediment (in-ground volume in m³) Soil Brought to the Property Estimated quantity of the soil, if any, being brought from another property to and deposited at the RSC property, not including any soil that may have originated at but been remediated off the RSC property and that is identified in section 28 of Schedule A. Estimated Quantity of Soil Brought to the Property (in-ground volume in m³) Filed Record of Site Condition # on 2015/06/01 16 of 21

17 Ground Water Control or Treatment Measures Ground water control or treatment measures that were required for the RSC property prior to the certification date for the purpose of submitting the RSC for filing. None. Ground water control or treatment measures that are required for the RSC property after the certification date. None. Estimated volume of ground water, if any, removed from and not returned to the RSC property. Estimated Volume of Ground Water (in litres) Filed Record of Site Condition # on 2015/06/01 17 of 21

18 Other Activities Including Risk Management Measures Constructed works that prior to the certification date for the purpose of submitting the RSC for filing, were required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. None. Constructed works that after the certification date, are required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. None. Monitoring or Maintenance Soil Management Measures Soil monitoring requirements or any requirements for care, maintenance or replacement or any monitoring or control works for known existing contaminants, if any, on the RSC property, after the certification date. None. Ground Water Management Measures Ground water monitoring requirements or requirements for care, maintenance or replacement of any monitoring or control works or known existing contaminants, if any, on the RSC property, after the certification date. None. Remediated or Removed Soil, Sediment or Ground Water From Near Property Boundary Has any soil, sediment or ground water at the RSC property that is or was located within 3 metres of the RSC property boundary been remediated or removed for the purpose of remediation? Yes Filed Record of Site Condition # on 2015/06/01 18 of 21

19 Qualified Person s Statements and Certifications As the qualified person, I certify that: A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. A phase two environmental site assessment of the RSC property, which includes the evaluation of the information gathered from planning and conducting a site investigation, a report, and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. The information represents the site conditions at the sampling points at the time of sampling only and the conditions between and beyond the sampling points may vary. As of 2015/04/08, in my opinion, based on the phase one environmental site assessment and the phase two environmental site assessment, and any confirmatory sampling, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that would interfere with the type of property use to which the RSC property will be put, as specified in the RSC. Ground water sampling has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. I have, within the six months immediately before the submission of this record of site condition, given written notice of intention to apply non-potable ground water site condition standards to the clerk of the local municipality in which the property is located and the clerk of any upper-tier municipality in which the property is located. As of 2015/04/08, in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth generic site condition standards prescribed by section 37 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at Table 2, Maximum Contaminant Concentrations Compared to Standards Specified in a Risk Assessment. As of 2015/04/08, the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at Table 1, Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards. I am a qualified person and have the qualifications required by section 5 of the regulation. I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. I do not hold and have not held and my employer SOIL ENGINEERS LTD. does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based To the best of my knowledge, the certifications and statements in this part of the RSC are true as of 2015/04/08. By signing this RSC, I make no express or implied warranties or guarantees. By checking the boxes above, and entering my membership/licence number in this submission, I, IAN S. CHIU, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/05/15: a) signing this record of site condition submission as a qualified person; and b) making all certifications required as a qualified person for this record of site condition. I Agree Filed Record of Site Condition # on 2015/06/01 19 of 21

20 Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment and Climate Change as part of the record of site condition Certificate of Status or equivalent for the owner Lawyer s letter consisting of a legal description of the property Copy of any deed(s), transfer(s) or other document(s) by which the RSC property was acquired A Current plan of Survey A copy of No Objection Statement from municipality Area(s) of Potential Environmental Concern Table of Current and Past Uses of the Phase One Property Phase 2 Conceptual Site Model Owner or agent certification statements Filed Record of Site Condition # on 2015/06/01 20 of 21

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27 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 2 REGISTRY PREPARED FOR PChow123 OFFICE # (LT) ON 2015/05/13 AT 16:31:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: BLOCK 5, PLAN 65M4367; CITY OF MARKHAM PROPERTY REMARKS: FOR THE PURPOSE OF THE QUALIFIER THE DATE OF REGISTRATION OF ABSOLUTE TITLE IS 2006/04/21. ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE RE ENTRY FROM /07/03 LT ABSOLUTE PLUS OWNERS NAMES CAPACITY SHARE FLATO TOWERS SKS INC. ROWN REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2013/07/03 ** **SUBJECT TO SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPHS 3 AND 14 AND * ** PROVINCIAL SUCCESSION DUTIES AND EXCEPT PARAGRAPH 11 AND ESCHEATS OR FORFEITURE ** ** TO THE CROWN UP TO THE DATE OF REGISTRATION WITH AN ABSOLUTE TITLE. ** YR /07/30 TRANSFER EASEMENT $15,000 REG. W. PERKIN LIMITED BELL CANADA C YR /08/25 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF TRANSPORT REMARKS: AERONAUTICS ACT AND THE PICKERING AIRPORT SITE ZONING REGULATIONS (SOR/ ) C YR /06/25 TRANSFER EASEMENT $2 REG. W. PERKIN LIMITED THE CORPORATION OF THE TOWN OF MARKHAM C YR /05/31 CHARGE $7,850, ONTARIO INC. FIRM CAPITAL MORTGAGE FUND INC. C YR /05/31 NO ASSGN RENT GEN ONTARIO INC. FIRM CAPITAL MORTGAGE FUND INC. C REMARKS: YR YR /07/26 NOTICE THE CORPORATION OF THE TOWN OF MARKHAM ONTARIO INC. C REMARKS: PTS 1 & 6, PL 65R32936 YR /07/26 POSTPONEMENT FIRM CAPITAL MORTGAGE FUND INC. THE CORPORATION OF THE TOWN OF MARKHAM C REMARKS: YR TO YR M /12/03 PLAN SUBDIVISION C YR /12/04 NO SUB AGREEMENT THE CORPORATION OF THE CITY OF MARKHAM ONTARIO INC. C YR /12/04 POSTPONEMENT *** DELETED AGAINST THIS PROPERTY *** PRISTINE HOMES (MARKHAM) INC. THE CORPORATION OF THE CITY OF MARKHAM REMARKS: YR TO YR DELETED 2013/07/15 NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.

28 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 2 REGISTRY PREPARED FOR PChow123 OFFICE # (LT) ON 2015/05/13 AT 16:31:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD YR /12/04 APL ANNEX REST COV ONTARIO INC. C 65R /12/05 PLAN REFERENCE C REMARKS: STRATA PLAN YR /12/18 PLAN CORRECTION ASSISTANT EXAMINER OF SURVEYS C REMARKS: 65M4367. YR /01/16 NOTICE *** DELETED AGAINST THIS PROPERTY *** WISMER COMMONS DEVELOPERS GROUP INC. YR /06/21 NOTICE ONTARIO INC. FIRM CAPITAL MORTGAGE FUND INC. C REMARKS: YR YR /07/10 APL (GENERAL) *** COMPLETELY DELETED *** WISMER COMMONS DEVELOPERS GROUP INC. YR /12/05 CHARGE $2,400, ONTARIO INC. SBILWANI TOWERS INC. C YR /12/11 NOTICE THE CORPORATION OF THE CITY OF MARKHAM ONTARIO INC. C REMARKS: SHORELINE ENCROACHMENT AGREEMENT YR /03/13 CHARGE $35,800, ONTARIO INC. FIRM CAPITAL MORTGAGE FUND INC. C YR /03/13 NO ASSGN RENT GEN ONTARIO INC. FIRM CAPITAL MORTGAGE FUND INC. C REMARKS: YR YR /03/13 POSTPONEMENT SBILWANI TOWERS INC. FIRM CAPITAL MORTGAGE FUND INC. C REMARKS: YR TO YR YR /03/13 CHARGE $12,000, ONTARIO INC. AVIVA INSURANCE COMPANY OF CANADA C YR /03/13 POSTPONEMENT SBILWANI TOWERS INC. AVIVA INSURANCE COMPANY OF CANADA C REMARKS: YR TO YR YR /04/24 TRANSFER $ ONTARIO INC. FLATO TOWERS SKS INC. C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.

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31 Page 1 of 2 Unknown From: Sito, Soran [SSito@markham.ca] Sent: Wednesday, April 29, :09 AM To: Min Song Cc: Lee, Brian; 'Ian Chiu'; 'Giorgio Garofalo' Subject: RE: Request to use Non-Potable Standards Markham Rd [1107-E077] I reconfirm that the City does not object to the use of non potable water standards for the site located at 9582 HWY 48. Regards, Soran Sito, P.Eng. Manager, Environmental Engineering Engineering Department City of Markham T: x 2521 M: F: Anthony Roman Centre, City of Markham, 101 Town Centre Boulevard Markham ON L3R 9W3 - Proud Host of the 2015 Pan Am/Parapan Am Games From: Min Song [mailto:msong@soilengineersltd.com] Sent: Tuesday, April 28, :19 PM To: Sito, Soran Cc: Lee, Brian; 'Ian Chiu'; 'Giorgio Garofalo' Subject: Request to use Non-Potable Standards Markham Rd [1107-E077] Good afternoon Mr. Sito, Please find attached the following for reference: - Correspondence on April 23, 2013 between yourself and Mr. Anthony Upper of Soil Engineers Ltd., stating that the City of Markham has no objections to the use of non-potable standards at 9582 Markham Road (Highway 48). - A recent letter from the Regional Municipality of York dated April 28, 2015 which states that the Region does not object to the use of non-potable standards at 9582 Markham Road. We initially received acknowledgement from both the City of Markham and York Region back in April 2013; however, we are filing a Record of Site Condition and require more current approval within six months of filing date. Please confirm whether or not the City of Markham has any objections to using non-potable standards at 9582 Markham Road. If you have any questions please feel free to contact me at any time. Min Song, B.A.Sc. 4/30/2015

32 Page 2 of 2 Project Manager, Environmental Services Soil Engineers Ltd. 100 Nugget Avenue Toronto, ON M1S 3A7 Office: ext Cell: Fax: msong@soilengineersltd.com -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean. This contains information that may be privileged and/or confidential. If you are not the intended recipient, any disclosure, distribution, copying or other use of this or the information contained herein or attached hereto is strictly prohibited and may be unlawful. If you have received this in error, please notify this sender immediately and delete this e- mail without reading, printing, copying or forwarding it to anyone. Thank you for your cooperation. -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean. 4/30/2015

33 Areas of Potential Environmental Concern Area of Potential Environmental Concern (APEC) Former gasoline station and automotive repair facility (APEC1) Location of Area of Potential Environmental Concern on Phase One Property Southeast portion of the Phase One Property Potentially Contaminating Activity (PCA) 10. Commercial auto body shops 28. Gasoline and Associated Products Stored in Fixed Tanks Location of PCA (On-Site or Off- Site) On-Site Contaminants of Potential Concern Metals & Inorganics, Volatile Organic Compounds, Petroleum Hydrocarbons Media Potentially Impacted (Groundwater, Soil and/or Sediment) Soil, Groundwater Fill of unknown quality (APEC2) All areas 30. Importation of Fill Material of Unknown Quality On-Site Metals & Inorganics Soil

34 Reference No E077 Table of Current and Past Uses of the Phase One Property (Refer to clause 16(2)(b), Schedule D, O.Reg. 153/04) PIN: (LT) Year Name of Owner Description of Property Use Property Use 2015 present Flato Towers SKS Inc. Vacant Lands Other Ontario Inc. Vacant Lands Commercial Use Ontario Inc. Commercial / Vacant Lands Commercial Use Reg. W. Perkin Ltd Vendo & Aime Aimre Margaret Carroll 1958 Charles Lee John G. Stephenson Maude S. H. Mingay NA 1951 Henry G. Mingay Microfilm is missing and/or illegible 1855 N/A Augustus Von Busek Zachariah Wismer David Wismer Prior to 1843 The Crown Gasoline station Automotive repair shop Swimming pool supply store Truck rental office Restaurant Farmland Commercial Use Agricultural and Other Other Observations from Aerial Photographs, Fire Insurance Plans, etc. A site reconnaissance confirms that the RSC Property is currently under development for a proposed residential condominium. The RSC Property was severed as per Plan of Subdivision 65M4367 drafted on December 3, An aerial photograph dated 2013 shows the Phase One Property to be vacant. Originally part of (LT) and (LT). An aerial photograph dated 2009 shows the RSC Property to be vacant. Aerial photographs dated 1970, 1988, 1995 and 2002 show the former building. Cannot verify based on reviewed information. Likely agricultural based on surrounding land use. Based on the historical map and the 1954 aerial photograph, the RSC Property was most likely used for farming.

35 Phase Two Conceptual Site Model Reference No E Markham Road Page 1 of 7 City of Markham INTRODUCTION This Phase Two Conceptual Site Model has been prepared as part of the Phase Two Environmental Site Assessment (Phase Two) by Soil Engineers Ltd. (SEL) for the RSC Property located at 9582 Markham Road in the City of Markham (hereinafter referred to as the Phase Two Property ). The Phase Two Conceptual Site Model is based on the findings of the Phase One Environmental Site Assessment (Phase One) by SEL (Reference No E077, dated April 27, 2015) and the Phase Two (Reference No E077, dated April 30, 2015) for the Phase Two Property Description and Assessment The Phase Two Property is approximately trapezoidal in shape and approximately 0.45 hectares (1.10 acres) in area. The Phase Two Property is located at 9582 Markham Road, approximately 80 metres (m) south of Bur Oak Avenue in the City of Markham. The Site Location Plan is shown on Drawing No. 1. The Property Identification Number is (LT). The legal description of the Phase Two Property is Part of East 3/4 Lot 18, Concession 7, City of Markham, Regional Municipality of York, as designated Block 5 on Registered Plan 65M At the time of the inspection, no structures are located on the Phase Two Property. The Phase Two Property is undergoing excavation and shoring for the construction of the condominium development at the time the Phase Two is carried out. Approximately 1.5 m to 3.0 m of overburden has been removed from the Phase Two Property, and safety construction fencing is placed around the perimeter. The neighbouring properties in the Phase One Study Area consist of vacant lands to

36 Phase Two Conceptual Site Model Reference No E Markham Road Page 2 of 7 City of Markham the north, residential dwellings to the west, vacant lands to the south, and GO Station to the east across Markham Road Areas where Potentially Contaminating Activity Has Occurred PCAs were identified at the Phase Two Property and in the Phase One Study Area based on records review, interviews and Site reconnaissance. The areas of PCAs along with the corresponding list in Table 2 Schedule D of O. Reg. 153/04 are summarized below: PCA-10: Commercial Autobody Shops. This PCA is located at the south-central portion of the Phase Two Property. Based on the record review conducted as part of the 2015 SEL Phase One, soil and groundwater impacts were identified to be present at the Phase Two Property. PCA-28: Gasoline and Associated Products Storage in Fixed Tanks. This PCA is located at the southeast portion of the Phase Two Property. Based on the record review conducted as part of the 2015 SEL Phase One, soil and groundwater impacts were identified to be present at the Phase Two Property. PCA-30: Importation of Fill Material of Unknown Quality. Imported fill material may be present at the Phase Two Property due to previous remediation and/or excavation activities conducted at the Phase Two Property Areas of Potential Environmental Concern The following Areas of Potential Environmental Concern (APECs) were identified at the Phase Two Property: APEC1: Potential soil and groundwater impact as part of the former gasoline station and automotive repair facility activities at the Phase Two Property. This APEC coincides with the southeast portion of the Phase Two Property.

37 Phase Two Conceptual Site Model Reference No E Markham Road Page 3 of 7 City of Markham APEC 2: The presence of fill of unknown quality at the Phase Two Property. This APEC is located throughout the Phase Two Property and in the vicinity of the former remedial excavation. The PCAs and APECs are shown on Drawing No. 1. The sampling location plan and crosssection location plan are shown on Drawing Nos. 2 and Subsurface Structures and Utilities At the time of our Phase One, there was no building structure observed at the Phase Two Property. Since no contaminants are present at the Phase Two Property at concentrations above the Table 3 Standards, and no subsurface structures or utilities are currently present at the Phase Two Property, no potential for off-site migration of contaminants are identified Physical Setting Stratigraphy The Phase Two Property is located on Markham till plain where glacial drift predominates the soil stratigraphy. In places, the drift has been modified by the depositing of lacustrine clay, silt, sand and water-laid till by the water action of Peel Ponding (glacial lake). The field investigation for this Phase Two ESA consisted of drilling six (6) boreholes to a maximum depth of 6.1 m below the existing ground surface (mbgs). SEL notes that the depths are referenced to the construction excavation floor currently present at the Phase Two Property. The borehole logs indicate that the soil at the Phase Two Property consists of silty sand to silty sand till with interbedded layers of silty clay. No bedrock was encountered during the Phase Two. Cross-section drawings of the soil stratigraphy are presented on Drawing No. 4.

38 Phase Two Conceptual Site Model Reference No E Markham Road Page 4 of 7 City of Markham Hydrogeological Characteristics The Phase Two Property is located in the larger hydrogeological region known as Southern Ontario Lowlands. A watershed map provided by the Toronto and Region Conservation Authority shows the Phase Two Property is situated in the Rouge River watershed. In addition, Mount Joy Creek (a tributary of Rouge River) is located approximately 200 m east of the Phase Two Property. Based on the Topographic Map, precipitation run-off is expected to flow to the southeast. Six (6) monitoring wells were installed at selected borehole locations during the field investigation for this Phase Two. The monitoring wells were installed within the glacial till deposit. Based on the groundwater records, the groundwater flow direction appears to be to the southeast. The shallow groundwater contours and interpreted groundwater flow direction are shown on Drawing No. 5. Based on the groundwater records of March 27, 2015, the horizontal hydraulic gradient for the investigated aquifer within the silty sand to silty clay till at the Phase Two Property is between and m/m (average m/m) Approximate Depth to Bedrock Bedrock was not encountered at the Phase Two Property during the field investigation within the maximum drilling depth of 6.1 mbgs. SEL notes that the depths are referenced from the construction excavation floor currently present at the Phase Two Property. According to the Ontario Geological Survey Bedrock Cross Section Viewer, the depth to bedrock is approximately 73 mbgs in the vicinity of the Phase Two Property Approximate Depth to Water Table Based on the groundwater records for this investigation, depth to the water table at the Phase Two Property ranges from 0.17 mbgs to 1.76 mbgs. SEL notes that the depths are referenced

39 Phase Two Conceptual Site Model Reference No E Markham Road Page 5 of 7 City of Markham from the construction excavation floor currently present at the Phase Two Property. The geodetic groundwater elevation range at the Phase Two Property is masl to masl Section 41 or 43.1 of the Regulation The Phase Two Property is not within/adjacent/part of an area of natural significance and the analytical testing indicated the ph of the tested soil samples is between 5 and 9. Therefore, Section 41 of the regulation (Site Condition Standards, Environmental Sensitive Areas) does not apply to the Phase Two Property. The property is not a shallow soil property, as the bedrock was not encountered within 2 m below the ground surface. A water body is not located on or within 30 m of the Phase Two Property. Therefore, Section 43.1 of the Regulation (Site Condition Standards, Shallow Soil Property or Water Body) does not apply to the Phase Two Property Soils Placed On, In or Under the Phase Two Property SEL conducted test pit activities of the shallow soils at the Phase Two Property. Fill material was encountered in one (1) of the five (5) test pits which was located at the southeast portion of the Phase Two Property. Backfilled soil containing topsoil and organic matter was observed to be present to 0.6 mbgs. The soil was subsequently removed to facilitate construction excavation activities prior to the Phase Two drilling activities. During the drilling investigation in this Phase Two, fill material was not encountered at the borehole locations Proposed Building and Other Structures A residential development is being proposed for the Phase Two Property. It is anticipated that the new development will be provided with municipal services meeting urban standards.

40 Phase Two Conceptual Site Model Reference No E Markham Road Page 6 of 7 City of Markham Contamination In or Under the Phase Two Property Based on the findings of the Phase One, contaminants of potential concern in the soil and groundwater with respect to the identified APECs at the Phase Two Property were assessed during the Phase Two ESA. Based on the information obtained from the Phase One and Phase Two, the Table 3 Standards has been selected for assessing the soil and groundwater condition at the Phase Two Property Area Where Contaminants are Present A review of the analytical test results of soil and groundwater at the test locations indicates the tested parameters meet the Table 3 Standards. Consequently, there are no contaminants identified at the Phase Two Property at a concentration above the applicable Table 3 Standards during the Phase Two ESA Distribution of Contaminants No contaminants are identified at the Phase Two Property at a concentration above applicable site condition standards Contaminant Medium No contaminants are identified at the Phase Two Property at a concentration above applicable site condition standards Reasons for Discharge No contaminants are identified at the Phase Two Property at a concentration above applicable site condition standards.

41 Phase Two Conceptual Site Model Reference No E Markham Road Page 7 of 7 City of Markham Migration of Contaminants No contaminants are identified at the Phase Two Property at a concentration above applicable site condition standards Potential Exposure Pathways and Receptors Since no contaminants are found at the Phase Two Property at a concentration above the applicable site condition standard, no potential exposure pathways and receptors are identified.

42 Herbert Calbert Anderson Commercial Commercial #*! ³ Approximate Boundary of Phase Two Property Approximate Boundary of Phase One Study Area Water Well Location from EcoLog Water Well Location from MOECC Well Help Desk Assumed Groundwater Flow Direction Watercourse Water Body Bur Oak Vacant #*! GO Transit Parking Lot Sunburst Principal Highway Local Road Railway Potentially Contaminating Activities (PCAs) Kentland Residential 30!!!! 28! #*!! 10 #* 30 #*!! Vacant #*! #*! Commercial Mount Joy Creek Commercial Autobody Shops Gasoline and Associated Products Storage in Fixed Tanks Importation of Fill Material of Unknown Quality Area of Potential Environmental Concern (APEC) APEC1 APEC2! C:GIS2012/jobs/1107-E077 Everett Prebble!! #* #*!! #*! Residential HIGHWAY 48 Title: Phase Two Conceptual Site Model Project: Proposed Residential Development 9582 Markham Road City of Markham Reference No E077 Date: April 22, 2015 Scale: Source: York Interactive Maps, First Base Solutions Inc. C 2013 Orthophotography Edward Jeffreys Drawing No. 1 Metres Source:Water Body, Ontario Ministry of Natural Resources C Queen's Printer for Ontario Source:Water Course, Ontario Ministry of Natural Resources C Queen's Printer for Ontario

43

44 ³ MW B' Approximate Boundary of Phase Two Property MW MW 102 Principal Highway Borehole and Monitoring Well Location Cross-Section Direction MW 105 MW 104 MW A' Project: Soil Engineers Ltd. Title: Cross-Section Key Plan Proposed Residential Development 9582 Markham Road City of Markham Reference No E Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Date: April 16, 2015 Scale: Drawing No. 3 Metres

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