HomeMy WebLinkAbout2006-211
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-211
Being a By-law to authorize the execution of a Servicing
Agreement between the Corporation of the Municipality of
Clarington and Miller Paving Limited regarding the Miller Waste
site on the west side of Hancock Road.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-50-06, including the
recommendation that the Corporation of the Municipality of Clarington enter into
a Servicing Agreement with Miller Paving Limited for the purpose of
implementing the recommendations outlined in Resolution C-341-06.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1 . The Mayor and Clerk are hereby authorized to execute a Servicing
Agreement between the Corporation of the Municipality of Clarington and
Miller Paving Limited.
BY-LAW read a first and second time this 16th day of October, 2006.
BY-LAW read a third time and finally passed this 16th day of October, 2006.
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John Mu ton, Mayor
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THIS AGREEMENT made in quintuplicate as of this 16th day of October, 2006
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- and -
MILLER PAVING LIMITED and
MILLER WASTE SYSTEMS,
a division of MILLER PAVING LIMITED
SERVICING AGREEMENT
Page ii
TABLE OF CONTENTS
ARTICLE 1 - INTERPRETATION AND SCHEDULES ...................,...............,.,..... 2
1.1 Definitions................................................................................................,.....2
1.2 Schedules..................................................................................................,...7
ARTICLE 2 - GENERAL .......................................................................................... 8
2.1 Recitals in Operative Part of Agreement...................................................... 8
2.2 Certification of Ownership....................,...................................................,.... 8
2.3 Not used ......................................................................................................, 8
2.4 Transfer of Easements................................................................................, 8
2.5 Transfer of Lands ......................................................................................... 9
2.6 Registration of Transfers............................................................................ 10
2.7 Not used .................................................................................................".. 10
2.8 Charge on Lands......................................................................................... 10
2.10 Renegotiation and Amendment of Agreement "'''''''''''''''''''''''''''''''''''''''' 10
2.11 Municipality to Act Promptly..............,.,.,.,.,.,.,.,................,.,.,.,.,.",.",.,.,.,.,., 12
2.12 Assignment of Agreement .......................................................................... 12
2.13 Not used ...................................................................................................... 12
2.14 Notification of Owner................................................................................... 12
2.15 Not used ............................................................................................,.....,...13
2.16 Successors.................................................................................................. 13
ARTICLE 3 - FINANCIAL ........................................................................................ 13
3,1 Payment of Taxes ......................................................................................,13
3.2 Payment of Local Improvement Charges................................................... 14
3.3 Payment of Drainage Charges .,.,.,.,..........,.,.,.,.,.,.,.,..............,.............,.....14
3.4 Not used ...,............,...................,.................................................,...............14
3.5 Not used ........................,.............................................,............................... 14
3.6 Performance Guarantee Required .............................................................14
3.7 Use of Performance Guarantee ................................................................. 15
3.8 Indemnification of Municipality.................................................................., 15
3.9 Insurance.,......,.,.,..............,.....,.,.,.,.,...,.,............,.,.,.,.,.,.,.,.................,........ 16
3.10 Maintenance Guarantee Required................,.,.,.,.,................,................... 16
3.11 Use of Maintenance Guarantee ................................................................. 17
3.12 Reduction and Release of Performance Guarantee ................................. 17
3.13 Reduction and Release of Maintenance Guarantee................................. 18
3.14 Payment of Municipality's Costs................................................................. 19
3.15 Unpaid Monies.,.,.,........................,.,.,.,.,.,.,.,.,............,.,.,.,.,.,.,.,...,.,.,.,.,.,.,., 19
3.16 Not used .............................................................,.............,........................., 19
ARTICLE 4 - Not Used...............................................,....................................,..... 19
ARTICLE 5 - PUBLIC WORKS ...................................................,.........................20
5.1 Municipality Works Required ................,.....................................................20
5.2 Not used ,..........,..........................................,......................................,...., ,.. 20
5.3 Owner's Engineer....,...,.,.,.,.,...,.,.,.,.,..................,.,.,.,.,.,.,.,.,...............,.....,., 20
5.4 Design of Works.......................................................................................... 21
5.5 Engineering Drawings .......................................,...,.......................,.........,...22
5.6 Not used ..,......................................,...................................................., ....... 23
5.7 Not used ,.........................................................,....................,...............,...... 23
5.8 Approval of Schedule of Works..................................,.............................., 23
5.9 Works Cost Estimates and Revised Works Cost Estimates...................., 23
5.10 Requirements for Authorization to Commence Works............,................. 24
5.11 Not used ........,............................................,......................................,.........26
5.12 Inspection and Stop Work ..........................................................,........,...... 26
5.13 Construction in Accordance with Engineering Drawings..............,............ 27
5.14 Sequence of Construction of Works ..,......................................................' 28
Page iii
5.15 Completion Time for Construction of Works,."."".""".".""""""""""""" 28
5.16 Additional Work"""..""""""""""""....".""""""""""""""........""""..""" 28
5.17 Incomplete or Faulty Works and Liens......"""""."".."".""""........."...."" 28
5.18 Acknowledgement Respecting Emergency etc. Repairs"""""................. 30
5.19 Damage to Existing Services""""""""""""""....."""""""""""""..."".... 31
5.20 Not used """."""""""....."""""""""""""""".""""""""""""""""""""", 31
5.21 Use of Works by Municipality ...........""".........""""""......".""""""."....... 31
5.22 Not used ""....."""...""""........""""""""."""""""....""""........"..""".."". 31
5.23 Requirements for Certificate of Completion""......"""..."""".................... 31
5.24 Requirements for Certificate of Acceptance ...""".........""""".................. 32
5.25 Ownership of Works by Municipality............"........"......."".............."""... 32
5.26 Requirements for Certificate of Release ."""".....""""".."""....""".."".... 33
5.27 Not used ".""......."""...""...."...."..".."""".".."....""""...."....,,,,..,,,,,,...,,,,, 33
5.28 Cost of Works Referred to in Schedule "G" ....".....""".....""""""""""...., 33
ARTICLE 6 - COMPLIANCE WITH REGULATIONS """""""...""",,"................ 34
ARTICLE 7 - ASSUMPTION OF OBLIGATIONS ....."...."""".."....."""......,,...... 34
ARTICLE 8 - COMMUNITY RELATIONS COMMlnEE""....."""."""""""""........ 35
ARTICLE 9 - ROYALTY .""""....""""".."".".."""""...."..."".."".."""""........"....,, 35
9.2 Truck Weigh Scale Ticket..""""..""...."""....""......"........"."""""".."""" 36
9.3 Daily Reports............,.,.,.,.,.,....................,.,.,.,.,..............,.,.,.,.,.,.,.,.,.,.",.,.,., 36
9.4 Truck Weigh Scales..."""""""...."""""..."".."""".."""...""....""..""""", 37
ARTICLE 10 - CONSERVATION EASEMENT......"""...."""""""..""""""....""..". 37
ARTICLE 11 TIME OF ESSENCE .............".."".""...""""...."""...............""""" 37
ARTICLE 12 - AUTHORITY OF MUNICIPALITY "".."""""...""""...................... 37
ARTICLE 13 - AUTHORITY TO UPDATE AND COMPLETE
AGREEMENT INCLUDING SCHEDULES """""......""""".....""""".......38
THIS AGREEMENT made in quintuplicate as of this 16th day of October, 2006
BET WEE N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter called the "MUNICIPALITY")
OF THE FIRST PART
- and-
MILLER PAVING LIMITED and
MILLER WASTE SYSTEMS,
a division of MILLER PAVING LIMITED
(hereinafter collectively called the "OWNER")
OF THE SECOND PART
WHEREAS:
A. The lands owned by the Miller Paving Limited which are affected by this
Agreement are described in Schedule "A" hereto, and are hereinafter called the "Lands";
B. Miller Paving Limited represents and warrants that it is the registered owner of the
Lands in fee simple absolute;
C. Miller Paving Limited has applied for the approval of the Municipality of Clarington,
of a Site Plan under Application Number SPA 2006-0033 subject to compliance with
certain conditions;
D. Miller Paving Limited represents and warrants that it will enter into an agreement
with the Municipality to satisfy its requirements, financial and otherwise in order to satisfy
certain conditions of approval by the Municipality related to Site Plan Application SPA
2006-0033;
E. Miller Waste Systems is a division of Miller Paving Limited. Miller Waste Systems
intends to operate on the Lands the organic material composting and wood waste
Page 2
processing facility and associated works more particularly described in its application for a
Provisional Certificate of Approval to the Ontario Ministry of the Environment dated July 5,
2005, a copy of which is contained in Schedule "T" hereto ("Compost Facility");
F. Miller Waste Systems has agreed with the Municipality that a Community Advisory
Committee should be established, and it will nominate representatives from it to the
Municipality's Council for appointment by Council to the Community Relations Committee.
The composition and terms of reference of the Community Relations Committee are
contained in Schedule "U" hereto;
G. Miller Waste Systems has agreed to pay the Municipality the royalty in the
amounts and on the occasions provided below in this Agreement;
H. Miller Paving Limited has agreed to transfer to the Municipality a conservation
easement, as described in Article 10 hereof; and
I. The execution of this Agreement by the Mayor and the Municipal Clerk is
authorized by By-law No. 2006-211, passed by the Municipality's Council at its meeting
on October 16, 2006.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and
the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money
of Canada now paid by each Party to the others (the receipt whereof by each Party is
hereby acknowledged), the Parties hereto covenant and agree to and with each other as
follows:
ARTICLE 1 -INTERPRETATION AND SCHEDULES
1.1 Definitions
(1) In this Agreement the term:
(a) "Appropriate Authority" means the Municipality, the Region, a Ministry of
the Crown in right of Ontario or other authority or agency considered to be
appropriate for the purpose by the Director of Engineering Services.
(b) "Authorization to Commence Works" has the meaning assigned to it in
paragraph 5.10 of this Agreement.
Page 3
(c) "Building Code Act" means the Building Code Act R.S.O.1990 c.B.13, as
it may be amended or replaced from time to time.
(d) "Certificate of Acceptance" has the meaning assigned to it in paragraph
5.24 of this Agreement.
(e) "Certificate of Completion" has the meaning assigned to it in paragraph
5.23 of this Agreement.
(f) "Certificate of Release" has the meaning assigned to it in paragraph 5.26
of this Agreement.
(g) "Commissioner" means the Commissioner of Planning of the Regional
Municipality of Durham.
(h) "Compost Facility" has the meaning assigned to it in Recital E of this
Agreement;
(i) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 c.
C.30 as it may be amended or replaced from time to time.
G) "Cost Sharing Report" means the "Cost Sharing Report" referred to in
Scheduled "G" of this Agreement.
(k) "Council" means the Council of The Corporation of the Municipality of
Clarington.
(I) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of
this Agreement.
(m) "Development Charge" has the same meaning as is assigned to the term
in the Development Charges Act R.S.O. 1990, c. D.9.
(n) "Development Charge By-law" means Municipality By-law 2005-108 as it
may be amended or replaced from time to time, and the term includes a
successor by-law to By-law No. 2005-108 which is passed under subsection
3( 1) of the Development Charges Act.
Page 4
(0) "Development Charges Act" means the Development Charges Act,
R.S.O. 1990 c.D.9, as it may be amended or replaced from time to time.
(p) "Director" means the Director of Engineering Services of the Municipality
of Clarington or his designated representative.
(q) "Director of Planning" means the Director of Planning Services of the
Municipality of Clarington or his designated representative.
(r) "Drainage Act" means the Drainage Act R.S.O.1990, c.D.17 as it may be
amended or replaced from time to time.
(s) "Engineering Drawings" has the meaning assigned to it in paragraph 5.5
of this Agreement.
(t) "Final Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(u) Not used
(v) Not used
(w) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of
this Agreement.
(x) "Grading and Drainage Plan" has the meaning assigned to it in paragraph
5.6 of this Agreement.
(y) "Initial Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(z) "Land Registry Office" has the meaning assigned to it in Schedule "A" of
this Agreement.
(aa) "Lands" has the meaning assigned to it in Recital A of this Agreement.
(bb) "Maintenance Guarantee" has the meaning assigned to it in paragraph
3.10(1) of this Agreement.
Page 5
(cc) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of
this Agreement.
(dd) "Minister" means the Minister of Municipal Affairs, Ontario.
(ee) "Municipality" means The Corporation of the Municipality of Clarington or
any official, designated by Council to administer the terms of this
Agreement.
(ff) "Occupational Health and Safety Act" means the Occupational Health
and Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from
time to time.
(gg) "Owner" means the Party of the Second Part to this Agreement, its
successors and assigns and when used to refer to a successor or assignee
of such Party, or to another person, an owner includes an individual, an
association, a partnership or a corporation.
(hh) "Owner's Engineer" means a consulting civil engineer experienced in
performing the duties set out in Schedule "I" of this Agreement who or
which is a partnership, association of persons or a corporation that holds a
certificate of authorization, in their or its own name to practice professional
civil engineering and is licensed to do so under the Professional Engineers
Act R.S.O. 1990 c. P.28 as it may be amended from time to time provided
that the Owner's Engineer shall not be the Owner, or an officer, director,
shareholder or employee of the Owner.
(ii) "Performance Guarantee" has the meaning assigned to it in paragraph
3.6 of this Agreement.
(jj) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may be
amended or replaced from time to time.
(kk) "Reapproved Engineering Drawings" has the meaning assigned to it in
paragraph 5.5 of this Agreement.
(II) "Reapproved Grading and Drainage Plan" has the meaning assigned to
it in paragraph 5.6 of this Agreement.
Page 6
(mm) "Region" means The Corporation of the Regional Municipality of Durham.
(nn) "Related Works" has the meaning assigned to it in Schedule "G" of this
Agreement.
(00) "Revised Works Cost Estimates" has the meaning assigned to it in
paragraph 5.9 of this Agreement.
(pp) "Road System" has the meaning assigned to it in Schedule "G" of this
Agreement.
(qq) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of
this Agreement.
(rr) "Security for the Maintenance Guarantee" has the meaning assigned to
it in paragraph 3.10(2) of this Agreement.
(ss) "Solicitor" means the Solicitor for the Municipality.
(tt) Not used
(uu) "Stormwater Management System" has the meaning assigned to it in
Schedule "G" of this Agreement.
(w) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of
this Agreement.
(ww) "Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. T.8 as it
may be amended or replaced from time to time.
(xx) "Treasurer" means the Director of Finance of the Municipality or her
designated representative.
(w) "Works" has the meaning assigned to it in paragraph 5.1 of this
Agreement.
(zz) "Workplace Safety and Insurance Act, 1997" means the Workplace
Safety and Insurance Act, 1997 S.o. 1997, c.16, Sch. A.
Page 7
(aaa) "Works Cost Estimates" has the meaning assigned to it in paragraph 5.9
of this Agreement.
(2) Whether or not it so provides explicitly, every provision of this Agreement by which
the Owner is required to undertake any action shall be deemed to include the
words "at the cost of the Owner".
(3) Unless the context otherwise requires when used in this Agreement, the singular
includes the plural and the masculine includes the feminine.
1.2 Schedules
The following Schedules which are attached hereto, together with all provisions
therein, are hereby made a part of this Agreement as fully and for all purposes as would
be the case if they were set out in the text of this Agreement as covenants and
agreements:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
"Legal Description of the Lands"
Not Used
"Charges Against the Lands"
Not Used
"Easements to be Transferred"
"Lands to be Transferred"
"Works Required"
Not Used
"Duties of Owner's Engineer"
"Works Cost Estimates"
"Insurance Required"
"Regulations for Construction"
Not Used
Not Used
Not Used
Not Used
Not Used
"Engineering and Inspection Fees"
Not Used
"Application for Provisional Certificate of Approval"
"Community Relations Committee"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"
Schedule" J"
Schedule "K"
Schedule "L"
Schedule "M"
Schedule "N"
Schedule "0"
Schedule "P"
Schedule "Q"
Schedule "R"
Schedule "S"
Schedule 'T'
Schedule "U"
Page 8
ARTICLE 2 - GENERAL
2.1 Recitals in Operative Part of AQreement
The Owner represents and warrants to the Municipality that each of Recitals A to
G of this Agreement is correct.
2.2 Certification of Ownership
(1) On the execution of this Agreement, the Owner shall provide the Municipality with
a letter signed by an Ontario Solicitor and addressed to the Municipality certifying
as to the title of the said Lands and setting out the names of all persons having
interests in the said Lands and the nature of their interests. On the execution of
this Agreement, the Owner shall provide the Municipality with a letter signed by an
Ontario Solicitor and addressed to the Municipality certifying as to the title of any
land outside the limits of the said Lands, which is to be conveyed to the
Municipality or in which easements are to be transferred to the Municipality
pursuant to the terms of this Agreement.
2.3 Not used
2.4 Transfer of Easements
(1) On the execution of this Agreement the Owner, at its cost shall deliver to
the Municipality the executed transfers of easements which are set out in
Schedule T' and shall pay to the Municipality in cash or by certified
cheque the amount which is equal to any tax, fee or cost payable at the
time of or in respect of the registration of such transfers against the title to
the lands to which they apply. Such transfers shall be free and clear of all
encumbrances and restrictions, shall be made for a nominal
consideration, shall contain provisions satisfactory to the Municipality's
Solicitor, and shall be in registrable form. Prior to the passing of a by-law to
amend the Zoning By-law (By-law 84-63) to remove the H (Holding) symbol
from the portion of the Lands which comprise Phase II of the proposed
Compost Facility, the Parties hereto agree and authorize the Director of
Engineering SeNices to add easements to the list of easements to be
transferred pursuant to this paragraph 2,4(1) and to amend or to replace
Schedule "E" hereto to incorporate such additions.
Page 9
(2) If, subsequent to the, amendment of Zoning By-law to remove the H
(Holding) symbol from the portion of the Lands which comprise either
Phase I or Phase II of the proposed Compost Facility, in the opinion of the
Director of Engineering SeNices further easements in such lot(s) or
blocks(s) are required to be transferred to the Municipality for Municipality
purposes, or for drainage purposes, as the case may be, the Owner
agrees to transfer to the such further easement(s) forthwith after a written
request to do so is given to it by the aforesaid Director. If further easements
are required to be transferred to the Municipality, the provisions of
paragraph 2.4(1) shall apply with all necessary changes to it being
considered to have been made to give effect to the intent of this
paragraph 2.4(2),
(3) Without derogating from the other provisions of paragraphs 2.4 and 2.5
and Schedules "E" and 'T' of this Agreement on the execution of this
Agreement the Owner, at its expense, shall transfer to the Municipality
any land or easements considered necessary in the opinion of the
Director to accommodate the construction, installation and maintenance
of the Works. For greater certainty, the Parties agree that the provisions of
paragraphs 2.4 and 2.6 shall apply in respect of any such transfers of
easements with all necessary changes to being considered to have been
made to give effect to the intent of this paragraph 2,4(3). Each transfer of
land shall be in fee simple absolute, and free and clear of all
encumbrances and restrictions. It shall be prepared by the Owner in
registrable form and be satisfactory to the Municipality's Solicitor. At the
time of deiivery of each transfer of land to the Municipality, the Owner
shall pay to the Municipality in cash or by certified cheque an amount
equal to any tax, fee or charges payabie at the time of or in respect of
the registration of such transfer against title to the lands to which it applies.
2.5 Transfer of Lands
On the execution of this Agreement the Owner shall deliver to the
Municipality executed transfers of the lands set out in Schedule "F" hereto,
sufficient to vest in the Municipality title in fee simple absolute free and
clear of all encumbrances and restrictions, and shall pay to the
Municipality in cash or by certified cheque an amount of money which is
equal to any tax, fee, or cost payable at the time of or in respect of the
Page 10
registration of such transfers against the title to the lands to which they
apply. All transfers referred to in this paragraph 2.5 shall contain provisions
to the satisfaction of the Municipality's Solicitor, shall be made for a
nominal consideration, and shall be in registrable form. Where the
transfers are of lands required for road realignment or widening purposes,
they shall include the grant of a temporary licence by the Owner to the
Municipality to enter upon the abutting portions of the Lands and grade
them where considered necessary by the Director of Engineering Services,
acting reasonably.
2.6 Reeistration of Transfers
The transfers of easements and lands referred to in paragraphs 2.4 and 2.5
shall be prepared by the Owner, and delivered to the Municipality. They
shall be registered at the Owner's expense, when registration is
considered to be appropriate by the Director. The Owner shall prepare
and register against title at the Owner's expense any reference plan that
is necessary to describe the lands and easements to be transferred to the
Municipality by the Owner.
2.7 Not used
2.8 Charee on Lands
The Owner hereby charges all its interest in the Lands with the obligations set out
in this Agreement.
2.9 Reeistration of Aareement
The Owner hereby consents to the registration of this Agreement or a notice
thereof against the title to the Lands.
2.10 Reneaotiation and Amendment of Aareement
(1) Following the occurrence of any of the events set out below in this paragraph 2.10
(the "Renegotiation Events"), the Municipality may give written notice to the Owner
requiring that particular provisions of this Agreement specified in the notice shall be
renegotiated and, if necessary amended by the Parties. No later than the expiry of
the ten (10) day period following the date on which such notice is given, the Owner
Page 11
will cease and will require all persons with whom it has a contractual relationship to
cease constructing and installing the Works referred to in such written notice until
the specified provisions of this Agreement have been renegotiated and any
necessary amendment(s) made to this Agreement. The Renegotiation Events are
following construction or installation of any of the Works has not commenced
within two (2) years from the date of registration of the Site Plan Agreement which
made pursuant to site plan approval under SPA 2006-0033 against the title to the
Land. Forthwith after the giving of written notice as aforesaid requiring the
renegotiation of specified provision(s) of this Agreement, the Owner and the
Municipality will renegotiate the same in good faith and with expedition. In the
event that the renegotiation has been completed or has not resulted in agreement
by the Parties prior to the expiry of the twenty (20) day period following the date on
which the notice requiring the renegotiation is given as aforesaid, at any time
thereafter the Municipality may give the Owner written notice declaring this
Agreement to be terminated whereupon it shall terminate.
(2) On the termination of this Agreement by the Municipality declaring it to be
terminated in accordance with paragraph 2.10(1), none of the Parties hereto may
make any claim against the Municipality for damages for any loss or cost or make
any claim against the Municipality for compensation in respect of any of the Works,
whether located in whole or in part on land in which the Municipality has an
interest. Notwithstanding the foregoing, the Owner and the Municipality expressly
agree that the covenants and agreements contained in paragraphs 3.8,=3.14,=5.17,
5.19, 5.20 and 5.21 and Article 7 of this Agreement will survive the termination of
this Agreement pursuant to paragraph 2.10(1), and paragraphs 3.8, 3.14, 5.17,
5.19, 5.20 and 5.21 and Article 7 of this Agreement shall continue to bind the
Owner and may be enforced by the Municipality in the same manner and to the
same extent as if this Agreement had not been terminated.
(3) Without derogating from the provisions of paragraph 2.10(1) from time to time by
mutual agreement, the Parties hereto may amend the terms of this Agreement and
any of the Schedules, but an amendment shall only be effective if in writing and
executed under the seals and hands of the proper officers of each Party.
Page 12
2.11 Municipality to Act Promptlv
Wherever the Municipality, the Municipality's Solicitor, the Municipality's Director of
Finance or any Municipality Director is required to take action pursuant to this Agreement,
or is required to make a decision or render an opinion, or give confirmation or give
authorization, permission or approval shall be made promptly in all respects and the
Municipality and its officials shall act reasonably.
2.12 Assianment of Aareement
The Owner shall not assign this Agreement without prior written consent of the
Municipality. For greater certainty, any assignment which is made contrary to this
paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his
obligations under this Agreement.
2.13 Not used
2.14 Notification of Owner
(a) If any notice or other document is required to be or may be given by the
Municipality or by any official of the Municipality to the Owner or the Owner to the
Municipality under this Agreement, such notice shall be mailed by first class
prepaid post or delivered to:
The Owner: Miller Paving Limited and Miller Waste Systems
8050 Woodbine Avenue
Markham, Ontario L3R 2N8
Attention: Vice President
Fax: 905-475-6396
The Municipality: Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
Attention: Director of Engineering Services
Fax: 905-623-9282
or such other telefax number or address of which any party has notified the other
parties in writing. Any such notice telefaxed or mailed or delivered shall be deemed
good and sufficient notice under the terms of this Agreement and if telefaxed or
delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays
and statutory holidays) shall be deemed to have been received at the time of
Page 13
delivery or transmission and if mailed by pre-paid registered mail, it shall be
deemed to have been received on the third business day (excluding Saturdays,
Sundays and statutory holidays) following the mailing thereof. Notwithstanding the
foregoing, in the event that it may be reasonably anticipated that due to Force
Majeure any notice will not be received within the time limit set out above, then
such notice shall be sent by an alternate means of transportation which may
reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
(b) In this Agreement, the term "Force Majeure" means any delay for the duration of
the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of
military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear
and radiation activity or fallouts, rebellion or civil commotion, fire or explosion;
flood, wind, water, earthquake or other casualty, or an Act of God and any act,
omission or event whether of the kind herein enumerated or otherwise not within
the control of the Owner, none of which has been caused by the deliberate default
or act or omission by such party and none of which has been avoidable by the
exercise of reasonable effort or foresight by such party. The Owner~or the
Municipality, as the case may be, shall notify the other parties to this Agreement of
the commencement, duration and consequence (so far as the same is within the
knowledge of the Owner or the Municipality, as the case may be) of any Force
Majeure affecting the performance of any of its obligations hereunder within thirty
(30) days of gaining such knowledge.
2.15 Not used
2.16 Successors
This Agreement shall enure to the benefit of and be binding on the Parties hereto,
and their respective successors and assigns.
ARTICLE 3 - FINANCIAL
3.1 Payment of Taxes
Prior to the date of execution of this Agreement, the Owner shall pay all municipal
taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the
Owner shall pay any municipal taxes which may become due in respect of the whole or
Page 14
anyone or more portions of the Lands after the date of execution of this Agreement in
accordance with the law.
3.2 Payment of Locallmproyement CharQes
Prior to the date of execution of this Agreement, the Owner shall pay all charges
with respect to local improvements assessed against the said Lands as set out in
Schedule "C" hereto. Such charges shall include the Municipality's share of any local
improvements which serve the said Lands and shall include the commuted value of such
charges including charges falling due after the date of the execution of this Agreement.
3.3 Payment of Drainaae Charaes
Prior to the date of the execution of this Agreement, the Owner shall pay all
drainage charges assessed under the Drainage Act and the Tile Drainage Act against the
Lands, as set out in Schedule "C" hereto, including the commuted value of such charges
falling due after the date of execution of this Agreement.
3.4 Not used
3.5 Not used
3.6 Performance Guarantee Reauired
Prior to the date of issuance of any Authorization to Commence Work, the Owner
shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit
issued by a bank listed in Schedules "lor II" of the Bank Act, acceptable to the
Municipality's Director of Finance, and containing terms satisfactory to the Municipality's
Director of Finance. The deposit shall be in the amount determined by the Director to be
the amount required to secure to the Municipality the performance by the Owner of its
covenants contained in this Agreement to construct and install the Works and the
performance of the Owner's obligations under paragraph 5.13(2) as well as the
performance by the Owner of its covenants under paragraphs 3.1, 3.2 and 3.3. With
respect to the works and without limiting the generality of the foregoing, in making his
determination, the Director may have regard to the Works Cost Estimates or the "Revised
Works Cost Estimates" (both terms as hereafter defined) whichever is applicable, for the
construction and installation of the Works which either are the subject of an Authorization
to Commence Work or for the issuance of which an Authorization to Commence Works
application has been made by the Owner. If from time to time following the issuance of
Page 15
any Authorization to Commence Works the Director is of the opinion that the amount of
the Performance Guarantee should be increased in order to protect the Municipality's
interests under this Agreement, forthwith after the Director gives written notice to the
Owner requiring an increase in the amount of the Performance Guarantee, the Owner
shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit
in such amount issued by a bank listed in Schedule "I" or "II" of the Bank Act that is
acceptable to the Municipality's Director of Finance and containing terms satisfactory to
the Municipality's Director of Finance. (The cash deposit(s) or letter(s) of credit which is
(are) to be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of
this Agreement are called the "Performance Guarantee".) In the event that the Owner
does not increase the amount of the Performance Guarantee for a period of thirty (30)
days following the giving of written notice by the Director to the Owner requiring an
increase in the amount of the Performance Guarantee, (1) all Authorizations to
Commence Work that have been issued shall terminate, and (2) the Owner shall not
apply for or require the issuance of any permit for the construction of buildings or any part
of the Lands pursuant to the Building Code Act. Without derogating from the other
provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter
of credit with the Municipality's Director of Finance as the whole or part of the
Performance Guarantee or an increase thereof required by this Agreement, the
Municipality's Director of Finance, acting reasonably, may at any time draw on such letter
of credit and deposit the cash proceeds thereof in an account to the credit of Municipality
for disbursement in accordance with this Agreement.
3.7 Use of Performance Guarantee
From time to time the Municipality may appropriate the whole or anyone or more
portions of the Performance Guarantee up to an amount(s) determined by the Director,
which in aggregate shall not exceed the amount(s) which in the opinion of the Director are
required to remedy the Owner's breach(es) or default(s) of or under the provisions of this
Agreement. Forthwith after making each such appropriation, the Director shall give the
Owner written notice thereof and the Owner shall forthwith reinstate the Performance
Guarantee to the full amount(s) required by this Agreement.
3.8 Indemnification of Municipality
(1) The Owner shall defend, indemnify and save the Municipality harmless from and
against all actions, claims, liabilities, losses, damages and expenses including
reasonable legal fees which arise by reason of or are caused in whole or in part by
the making and/or the implementation of this Agreement, or the design,
Page 16
construction and installation, supervision of construction and installation,
inspection, and/or maintenance of the Works by the Owner, its employees,
contractors, suppliers of services or materials, the Owner's Engineer, the Owner's
Engineer's employees, and the Owner's licensees.
(2) For greater certainty, the making of this Agreement is not intended to and shall not
have the effect of requiring the Municipality to do or refrain from doing any act or
making any recommendation necessary for the Owner to achieve approval of the
final Site Plan of the Lands and its registration against the title to the Lands.
3.9 Insurance
The Owner shall obtain and maintain the insurance and deposit the proof thereof
as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this
Agreement.
3.10 Maintenance Guarantee Reauired
(1) From the date of issuance of an Authorization to Commence Works until the date
of issuance of a Certificate of Acceptance of the Works or particular component(s)
of the Works, the Owner agrees with the Municipality to promptly correct, remedy,
repair or replace any portion or component of the Works in question that the
Director determines to be defective or deficient having regard to the provisions of
this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount
of the Maintenance Guarantee shall be determined in accordance with paragraph
3.12(1) of this Agreement. The Owner shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
(2) The Maintenance Guarantee expires on the date of issuance of the Certificate of
Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier
than the date of expiry of the relevant period of the Maintenance Guarantee for the
following Works as set out below:
(a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of the
period of two (2) years which commences on the date of issuance of the
Certificate of Completion for the Initial Works, and (2) the date of issuance
of a Certificate of Completion for the "Final Works" (as hereafter defined);
(b) "Final Works" (as hereafter defined): the date of expiry of the period of one
Page 1 7
(1) year that commences on the date on which the maintenance period for
the Initial Works specified in paragraph 3.1 O(2)(a) expires;
3.11 Use of Maintenance Guarantee
From time to time, the Municipality may appropriate the whole or any part of the
Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by
the Owner to the Municipality under this Agreement. The amount(s) of such appropriation
shall not exceed the amount(s) which in the opinion of the Director are required to remedy
the Owner's breach(es) or default(s) as determined by the Director of correcting or
remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof,
which is covered by the Maintenance Guarantee and is in question. Forthwith after the
Municipality makes any such appropriation, the Director shall give the Owner written
notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the
Security for the Maintenance Guarantee to the full amount required by this Agreement.
3.12 Reduction and Release of Performance Guarantee
(1) Prior to the release of the Performance Guarantee, in the discretion of the Director,
the amount of the Performance Guarantee may be reduced, from time to time, to
reflect the progress of completion of the Works and other facilities and
improvements which are required to be constructed and installed by the Owner
after taking into account any outstanding claims the satisfaction of which is
provided for in this Agreement. The maximum reduction that may be permitted to
be made by the Director is such that will leave on deposit with the Municipality's
Director of Finance as the Performance Guarantee an amount equal to the sum of
(1) the value of the uncompleted Works and the other facilities and improvements
as determined by the Director having regard for the Works Cost Estimates then in
force plus any amount determined by the Director but not to exceed twenty (20%)
percent of such value as a completion allowance payable to the Municipality in the
event of default by the Owner, and (2) as the Maintenance Guarantee fifteen
(15%) percent of the value of the completed Works, facilities and services, also
determined by the Director after considering the material, if any, submitted to the
Director by the Owner's Engineer in support of an application for reduction of the
Performance Guarantee in respect of the Works that have been completed by the
Owner as well as the contract documents, sub-contracts and supply contracts
pertaining to the Works and the provisions of the Construction Lien Act.
Page 1 8
(2) The Owner will not require the Municipality to release to the Owner any unused
portion of the Performance Guarantee until each of the following conditions is
satisfied:
(a) A Certificate of Completion has been issued for the Works for which the
Performance Guarantee was initially required to be deposited with the
Municipality.
(b) The Owner has deposited or has left on deposit with the Municipality the
Maintenance Guarantee applying to the Works for which the Performance
Guarantee initially was required to be deposited with the Municipality.
(c) The Director is satisfied that in respect of the construction and installation of
the Works for which such Performance Guarantee was initially required to
be deposited with the Municipality, there are no outstanding claims relating
to such Works.
(d) The Municipality is satisfied that there are no outstanding claims relating to
the Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
(e) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
3.13 Reduction and Release of Maintenance Guarantee
The Owner agrees that the Municipality shall not be required to release to the
Owner the Security for the Maintenance Guarantee until each of the following conditions
are satisfied:
(a) A Certificate of Acceptance has been issued for the Works for which such
Maintenance Guarantee is required under this Agreement.
(b) The Municipality is satisfied that there are no outstanding claims relating to
such Works which the Municipality is required or may be permitted to pay
either under the provisions of the Construction Lien Act or otherwise.
Page 19
(c) The Municipality is satisfied that the Owner is not in breach of any of its
covenants contained in this Agreement.
(d) The Director has received the as-constructed drawings for such Works from
the Owner as well as the computer disks, if any have been prepared by the
Owner's Engineer.
3.14 Payment of Municipalify's Costs
(1) The Owner shall reimburse the Municipality for all reasonable legal, planning,
engineering and other technical advice, and administrative expenses actually
incurred for the preparation and registration of this Agreement and the reasonable
cost of all legal services contemplated by the terms of this Agreement, which
include the review of the Performance Guarantee, the review of the Security for
the Maintenance Guarantee and the preparation of a Certificate(s) of Release,
provided that services have actually been performed for the Municipality.
(2) The Owner shall pay to the Municipality Engineering and Inspection fees in
accordance with the provisions of Schedule "R".
(3) After giving reasonable notice to the Municipality, the Owner may inspect, during
regular business hours, such accounts, invoices, time records and other
documents and calculations of charges for which the Municipality is requiring
reimbursement pursuant to paragraph 3.14(1).
3.15 Unpaid Monies
Except as otherwise provided in this Agreement, the due date of any money
payable under it, unless a different due date is specified in this Agreement, shall be thirty
(30) days after the date of the giving of the written invoice to the Owner. Interest shall be
calculated and be paid by the Owner to the Municipality on all sums of money of which
the Owner is in default at the same rate, and in the same manner, and at the same time
as is the case with Municipality taxes which are in arrears at the date on which the default
in question commences.
3.16 Not used
ARTICLE 4 Not Used
Page 20
ARTICLE 5 - PUBLIC WORKS
5.1 Municipality Works Required
The Owner at the Owner's expense shall construct and install the facilities,
services, works, improvements and landscaping more particularly described in Schedule
"G" hereto (collectively in this Agreement are called the "Works"). From the date of
issuance of the Authorization to Commence Works until the date of issuance of a
Certificate of Acceptance of them the Owner shall be fully responsible for the construction
and maintenance of the Works including the cost thereof in accordance with the
provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works
referred to in such Certificate shall be the responsibility of the Municipality.
5.2 Not used
5.3 Owner's Enqineer
(1) At all times until this Agreement is released, the Owner shall retain the Owner's
Engineer who shall perform the duties set out in Schedule "I". On the execution of
this Agreement and on each occasion on which a new Owner's Engineer is
retained by the Owner, forthwith after retaining the Owner's Engineer, the Owner
shall give the Director written notice of the name, address and telefax number of
the Owner's Engineer. No partnership, association of persons or corporation shall
be retained as the Owner's Engineer without the prior written approval of the
Director. All notices to be given to the Owner's Engineer are properly given if given
by personal service, by telephonic facsimile communication, or first class prepaid
post addressed to the Owner's Engineer at the address or telefax number provided
to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives
the Owner written notice requiring it to do so, the Owner shall give the Director
written notice advising him whether or not the approved Owner's Engineer
continues to be retained by the Owner.
(2) If at any time following the execution of this Agreement until the day on which a
Certificate(s) of Acceptance has been issued for all of the Works in accordance
with this Agreement, the Owner's Engineer resigns, abandons his office or is
terminated by the Owner, the Owner shall give the Director written notice of that
fact within three (3) days from the date of the resignation, abandonment or
termination, as the case may be. Until such time as the Owner retains and notifies
the Director of the name and address of a new Owner's Engineer who is qualified
Page 21
to be approved by the Director pursuant to this Agreement and who in fact is
approved by the Director, the Owner hereby authorizes the Director on the
Owner's behalf and the Owner's cost to appoint a new Owner's Engineer, provided
that (1) forthwith after appointing a new Owner's Engineer, the Director shall give
the Owner written notice of the name, address and telefax number of the Owner's
Engineer who is so appointed; (2) the Owner shall not act to terminate the new
Owner's Engineer except for cause, and then only with the prior written approval of
the Director; (3) the Director may appropriate from the Performance Guarantee
and the security for the Maintenance Guarantee amounts necessary to pay the
Owner's Engineer's reasonable fees and disbursements; and (4) the Director may
appoint as the new Owner's Engineer any partnership, association of persons or
corporation otherwise qualified under this Agreement who or which previously may
have resigned or abandoned the performance of the services as the Owner's
Engineer under this Agreement or who or which may previously have been
terminated by the Owner, whether or not for cause. The provisions of paragraph
5.3(1) apply when a new Owner's Engineer is appointed by the Director under this
paragraph 5.3(2) with all necessary changes thereto being considered to have
been made to give effect to this paragraph 5.3(2).
5.4 Desian of Works
(1) The Owner covenants and agrees that the design of all the Works shall conform
with all applicable legislation and the Municipality's Design Criteria and Standard
Detail Drawings as amended from time to time. In the event of any dispute as to
such requirements or their interpretation, the dispute shall be resolved by the
Director whose decision shall be final.
(2) The Owner shall provide and submit to the Director all necessary Engineering
Drawings and obtain all approvals for the construction and installation of the
Works, as required by this Agreement.
(3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules
"E" and "F" of this Agreement, on the execution of this Agreement, the Owner, at
its expense, shall transfer to the Municipality any land or easements considered
necessary in the opinion of the Director to accommodate the construction,
installation and maintenance of the Works. For greater certainty, the Parties agree
that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such
transfers of easements with all necessary changes being considered to have been
Page 22
made to give effect to the intent of this paragraph 5.4(3). Each transfer of land
shall be in fee simple absolute, and free and clear of all encumbrances and
restrictions.
It shall be prepared by the Owner in registerable form and be satisfactory to the
Municipality's Solicitor. At the time of delivery of each transfer of land to the
Municipality, the Owner shall pay to the Municipality in cash or by certified cheque
an amount equal to any tax, fee or charges payable at the time of or in respect of
the registration of such transfer against title to lands to which it applies.
5.5 EnQineerina DrawinQs
(1) Prior to the issuance of any Authorization to Commence Works, the Owner shall
obtain the written approval of the Director of the Original copy of all drawings of the
Works (the "Engineering Drawings"). If construction and installation of the Works
has not commenced within two (2) years from the date of approval of the
Engineering Drawings, the Engineering Drawings shall be resubmitted to the
Director for his reconsideration and approval after any revisions required by the
Director have been made to them (the "Reapproved Engineering Drawings"). From
and after the approval by the Director of the Reapproved Engineering Drawings,
they shall be deemed to be the Engineering Drawings for the purpose of this
Agreement, and thereafter all Works shall be constructed and installed in
accordance with them. The Owner hereby irrevocably assigns to the Municipality
without cost to the Municipality the right to use and to reproduce the Engineering
Drawings and all reports that relate in whole or in part to the Works which have
been prepared by or for the Owner in connection with the performance of the
Owner's obligations under this Agreement. The Owner acknowledges that
approval of the Engineering Drawings or reports by the Director shall not relieve
the Owner from its obligation to satisfy all requirements of or made pursuant to this
Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, the Owner shall
provide the Director without cost to the Municipality with the Owner's Engineers (1)
written acknowledgement that the Engineering Drawings and reports referred to in
paragraph 5.5(1) may be used and/or reproduced by the Municipality without cost
or prior approval or permission, (2) written permission for the Municipality's officers,
employees, agents, contractors and suppliers to use the specifications, data,
drawings, records and reports whether completed or in progress of completion in
satisfaction of the Owner's obligations under the provisions of Schedule "I" of this
Page 23
Agreement without cost or prior approval or permission, and (3) wrillen undertaking
to deliver to the Director the original copy of the Engineering Drawings forthwith
after being given written notice by the Director requiring the Owner's Engineer to
do so, whether or not the Owner's Engineer's fees and disbursements in respect of
any of them have been paid. Prior to each occasion on which a new Owner's
Engineer is retained by the Owner and approval of the Director is sought, the
Owner shall provide the Director with a similar written acknowledgement and
written permission of the new Owner's Engineer, provided that if the new Owner's
Engineer is to be retained by the Director on behalf of the Owner pursuant to
paragraph 5.3(2), the Director shall obtain from the prospective Owner's Engineer
the aforesaid written acknowledgement and permission. Forthwith after the
Director gives the Owner's Engineer written notice requiring them or it to do so,
copies of the Engineering Drawings, computer disks, specifications, data,
drawings, records and reports referred to in this paragraph 5.5(2) shall be provided
to the Director without cost to the Municipality.
5.6 Not used
5.7 Not used
5.8 Aooroval of Schedule of Works
Prior to the issuance of any Authorization to Commence Work, the Owner shall
obtain the wrillen approval of the Director of a draft schedule (the "Schedule of Works")
which sets out the time at which, and the sequence in which, the Owner proposes to
construct and install each of the Works, Utilities and Services which are required to be
constructed and installed by it in accordance with this Agreement. Notwithstanding the
foregoing provisions of this paragraph 5.8, in cases in which the constructed and
installation of the Works is to be staged in accordance with the Staging Plan, prior to the
date of issuance of the Authorization to Commence Works for each stage provided in the
Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of
Works for such stage, and thereafter shall proceed to construct and install the Works,
Utilities and Services in such stage in compliance with the approved Schedule of Works,
and any amendment(s) thereto which may be approved by the Director.
5.9 Works Cost Estimates and Revised Works Cost Estimates
(a) Prior to the issuance of any Authorization to Commence Works, the estimated cost
of construction and installation of the Works, (the "Works Cost Estimates"), shall
Page 24
be submitted by the Owner to the Director for his consideration and if appropriate
his approval. After approval, the Works Cost Estimate shall be entered for the
Owner and the Municipality by the Director in Schedule "J" hereto whereupon it
shall replace the content of Schedule "J" for all of the purposes of this Agreement.
(b) The Director of Engineering Services may from time to time give written notice to
the Owner of his revised Works Cost Estimates for the construction of the Works
("Revised Works Cost Estimates") together with an explanation for the Revised
Works Cost Estimates. The amount of the Performance Guarantee required to be
deposited by the Owner with the Municipality shall be deemed to be the amount of
the latest Revised Works Cost Estimates of which notice is given. Within ten (10)
days after the notice is given as aforesaid, the Owner shall deposit with the
Municipality an amount equal to one hundred (100%) per cent of the amount of the
increase in the Works Cost Estimates resulting from the Revised Works Cost
Estimates in question. The latest Revised Works Cost Estimates of which notice is
given to the Owner pursuant to this paragraph shall be deemed to be the Works
Cost Estimates for the purposes of this Agreement.
5.10 Reauirements for Authorization to Commence Works
(1) The Owner shall not commence the construction or installation of any of the Works
without the written permission of the Municipality, (the "Authorization to Commence
Works").The Owner shall only commence the construction and installation of those
Works permitted by the Authorization to Commence Works. In addition to
satisfying all the other requirements of this Agreement in respect thereof, an
Authorization to Commence Works shall be issued for any of the Works for which
the Authorization is sought until the following conditions have been satisfied:
(a) the final Site Plan of the Lands has been approved by the Municipality
pursuant to the Planning Act;
(b) the final Site Plan of the Lands has been registered against the title to the
Lands;
(c) Not used
(d) the Owner has paid to the Municipality any monies required by paragraphs
3.1, 3.2, 3.3 and 3.4 of this Agreement;
Page 25
(e) Not used
(f) the Owner has delivered to the Municipality transfers of the lands and paid
the required cash in accordance with paragraphs 2.5 and 2.6 of this
Agreement, and such transfers have been registered against the title to the
appropriate portions of the Lands;
(g) Not used
(h) the Owner has retained the Owner's Engineer in compliance with paragraph
5.3(1), has provided the name, telefax number and address of the Owner's
Engineer to the Director in writing, has provided the Director with the written
acknowledgement and permission of the Owner's Engineer as required by
paragraph 5.5(2), and has provided the Director with the Owner's
Engineer's written undertaking that they or it will comply with the provisions
of Schedule "I" of this Agreement;
(i) the Owner has been given the written approval of the Director of the
Engineering Drawings as required by paragraph 5.5 of this Agreement;
U) the Owner has received the written approval of the Director of the Schedule
of Works as required by paragraph 5.8 of this Agreement;
(k) Not used
(I) the Owner has deposited with the Municipality a Performance Guarantee
required by paragraph 3.6 and other provisions of this Agreement and has
made all cash payments to and deposited all letters of credit with the
Municipality as required by this Agreement;
(m) the Owner has deposited with the Municipality's Director of Finance all
policies of insurance or proof thereof required by and in accordance with
paragraph 3.9 and Schedule "K" of this Agreement;
(n) the Owner has paid all costs required to be paid to the Municipality by
paragraph 3.14 of this Agreement on or prior to the date of issuance of the
Authorization to Commence Works;
Page 26
(0) the Owner has deposited with the Director written approval of all relevant
approving agencies including the Ministry of the Environment, the Ministry
of Natural Resources, the Region and the Central Lake Ontario
Conservation Authority with respect to the Works;
(p) the Owner has deposited with the Director its written undertaking to provide
the Director without cost with a copy of the contract documents, names and
addresses of all contractors, sub-contractors and suppliers of services and
materials, and copies of all sub-contracts and supply contracts relating to
the construction and installation of the Works for which the application for
Authorization to Commence Works is made, forthwith after written notice is
given by the Director to the Owner to provide any or all of the aforesaid
material; and
(2) Notwithstanding the provIsions of paragraph 5.10(1), the Owner may
commence the construction and installation of the Works with the written
approval of the Director prior to the registration of the Site Plan referred to
in paragraph 5.10(1 )(b), provided that the requirements of clauses
5.10(1)(d), (g), (h), (i), 0), (k), (I), (m), (n), (0), (p), (q), (r), (s) and (t) have
been satisfied by the Owner and the lands and easements considered by
the Director to be necessary to accommodate the Works and all
components thereof have been transferred to the Municipality. In such a
case, however, a Certificate of Completion of the Works shall not be issued
by the Director until a site plan of the Lands has been registered against the
title to the Lands and all the other requirements of this Agreement
respecting the issuance of a Certificate of Completion have been satisfied.
Notwithstanding the approval of the Director under this paragraph 5.10(2),
the Owner agrees with the Municipality that the construction or installation
of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be
undertaken at the sole risk of the Owner and the Owner hereby waives any
right that he might otherwise have as a result of its construction and
installation of any of the Works.
5.11 Not used
5.12 Inspection and Stop Work
The Owner shall ensure that every contract that may be made by the Owner with
any contractor to construct or install any of the Works shall provide that employees or
Page 27
representatives of the Municipality may, at any time, inspect the work of such contractor
and shall require the contractor to comply with stop work orders given by the Director
pursuant to this paragraph 5.12. The Director may give the Owner a written order to stop
the construction or installation of any of the Works that is being undertaken by giving
written notice either to the Owner or to the Owner's Engineer to that effect if in the
Director's opinion either (1) the Works are not being undertaken such that a completed
construction and installation of all the Works satisfactory to the Municipality in accordance
with this Agreement will result, or (2) the Performance Guarantee and the security for the
Maintenance Guarantee required to be provided pursuant to this Agreement in respect of
the Works has not been deposited or is not maintained in good standing. The Owner
shall comply with the stop work order forthwith after it is given by the Director in
accordance with this paragraph 5.12 by requiring the Owner's contractor and sub-
contractors who are constructing and installing the Works or components thereof in
question and are referenced in the order to comply with it forthwith. A stop work order
may be given to the Owner by giving to its Owner's Engineer by personal service on the
Owner's Engineer or any representative of the Owner's Engineer, by prepaid first class
post addressed to the Owner's Engineer, or by telefax to the Owner's Engineer at the
address and telefax number referred to in paragraph 5.3(1) or 5.3(2), whichever is
applicable.
5.13 Construction in Accordance with Enaineerina Drawinas
(1) The Works shall be constructed and installed in accordance with the Engineering
Drawings as approved by the Director. No deviation from the Engineering
Drawings is permitted unless such deviation is authorized in writing by the Director
before it is undertaken. All construction and installation of the Works shall be
undertaken and carried out by the Owner or by the Owner's contractor, as the case
may be, in accordance with the regulations for construction set out in Schedule "L".
(2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud
and refuse until a Certificate of Acceptance of all Works contemplated in this
Agreement has been issued as provided for by this Agreement. If the Owner has
not performed its obligations under this paragraph 5.13(2), the Municipality may do
so and deduct the reasonable cost thereof from the Performance Guarantee. The
Owner shall restore the Performance Guarantee to the amount otherwise required
by this Agreement, forthwith after the Director gives the Owner written notice of the
amount of the deduction in question.
Page 28
5.14 Seauence of Construction of Works
Following the issuance of an Authorization to Commence Works, the Owner shall
proceed in good faith to construct and install all of the Works referred to in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefore set out in the Schedule of Works.
5.15 Comoletion Time for Construction of Works
Within two (2) years of the date of the issuance of an Authorization to Commence
Works, the Owner shall complete the construction and installation of all of the Works
authorized in such Authorization to Commence Works with the exception of the final coat
of asphalt which may be completed later if done so in accordance with the provisions of
the Schedule of Works.
5.16 Additional Work
Until the conclusion of Maintenance Guarantee Period referable thereto, if in the
opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
5.17 Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Agreement, if, in the opinion of
the Director, (1) the Owner is not constructing and installing or causing to be
constructed or installed any of the Works required by this Agreement so that it or
they will be completed within the time specified for such completion in the
Schedule of Works, or (2) the Works or any component(s) thereof are being
improperly constructed or installed, or (3) the Owner neglects or abandons the said
Works or any part of them before completion, or (4) unreasonable delay occurs in
the construction or installation of the Works, or (5) for any other reason the Works
are not being constructed or installed properly and promptly and in full compliance
with the provisions of this Agreement, or (6) the Owner neglects or refuses to
reconstruct or reinstall any of the Works or component(s) thereof which may be
rejected by the Director as being defective, deficient, or unsuitable, or (7) the
Owner otherwise defaults in performance of this Agreement, the Director may give
Page 29
the Owner notice in writing of his opinion respecting any such matter. Following
the later to occur of the expiry of ten (10) business days, excluding Saturdays and
Sundays and statutory holidays following the giving of such notice plus the expiry
of any additional period as may be specified in the notice given to the Owner by
the Director, the Municipality, at the cost and expense of the Owner, may engage a
contractor, supplier of services or materials and such workmen, and purchase
such services, supplies and/or services as in the opinion of the Director are
required for the completion of the construction and installation of the Works and all
components thereof and the performance of all covenants of the Owner relating to
the Works as provided by this Agreement. In cases of an emergency or urgency,
or in order to preserve the integrity of the Works or any component thereof as
determined by the Director in his absolute discretion, any deficiency(s) or defect(s)
in the Works, and any failure to complete the Works and all components thereof in
accordance with this Agreement may be corrected, remedied or completed by the
Municipality its contractors, suppliers and employees at the cost of the Owner
without prior notice to the Owner, provided that forthwith after the Municipality so
acts, the Director shall give written notice to the Owner of his determination as
aforesaid, describing the action taken by the Director, and the cost of correcting or
remedying the deficiency or default in question or the cost of completing the Works
and the components thereof, as the case may be. For the purposes of this
paragraph 5.17(1) the cost of any work which the Municipality undertakes under
this paragraph 5.17(1) shall be determined by the Director in his absolute
discretion. It is understood and agreed by the Parties that the costs for which the
Owner is responsible under this paragraph 5.17(1) shall include a management
fee payable to the Municipality either of thirty (30%) percent of the contractor's
charges to the Municipality (including any charges for overhead and profit) or, if
such work is undertaken by the Municipality, thirty (30%) percent of all costs
incurred by the Municipality to correct or remedy the deficiencies or defect or to
complete the Works and all components thereof as the case may be. The Owner
shall pay the Municipality an amount equal to the cost of all Works and
components thereof, and the cost of correcting or remedying all deficiencies and
defects referred to in this paragraph 5.17(1) which have been incurred by the
Municipality or are estimated in the Director's absolute discretion to be likely to be
incurred by the Municipality forthwith after the Director gives the Owner written
demand for payment of such cost. If the amount paid is based on the Director's
estimate as aforesaid, forthwith after actual costs are more than the estimated
costs, the Owner shall forthwith pay the Municipality an amount equal to the
difference between them. If the actual costs are less than the estimated costs, the
Municipality shall forthwith refund the difference between them to the Owner.
Page 30
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Municipality or is filed with the Municipality, or (2) the Municipality
receives written notice of a claim of an alleged beneficiary of a statutory trust under
the Construction Lien Act, such registration, filing or notice shall constitute a
default in performance by the Owner of this Agreement. In any such case, the
Director may notify the Owner in writing of such default. If the Owner fails to
discharge the lien or claim as the case may be within ten (10) business days,
excluding Saturdays, Sundays and statutory holidays, after the giving of such
notice plus any further period of time as may be specified in the notice, then the
Municipality in its absolute discretion either may (1) pay the full amount of the
claim and security for costs into a Court of competent jurisdiction in order to obtain
an order vacating such claim for lien, (2) discharge the claim in full by paying the
amount claimed or in part by paying a portion thereof or (3) draw the full amount of
the claim in cash from a letter of credit deposited with the Municipality as the
security for the Performance Guarantee and hold the cash in a deposit account of
the Municipality as the security for the Performance Guarantee in respect of the
claim in question. The Municipality may draw on and appropriate the whole or any
portion(s) of the Performance Guarantee and the Security for the Maintenance
Guarantee for the purpose of making payment under this paragraph 5.17(2). The
Owner shall indemnify the Municipality against the costs and expense incurred by
the Municipality in making payment pursuant to this paragraph 5.17(2) forthwith
after the Director gives the Owner written notice requiring him to do so. In the
event that the Municipality draws on and appropriates any portion of the
Performance Guarantee or the Security for the Maintenance Guarantee for any of
the aforesaid purposes, forthwith after the Director gives written notice to the
Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee
and/or the Security for the Maintenance Guarantee, as the case may be, to the full
amount(s) required under the provisions of this Agreement.
5.18 AcknowledQement RespectinQ EmerQencv etc. Repairs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correct,
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the
Lands or any portion of them nor any such action by the Director or any person
authorized to undertake the same by the Director shall be deemed to be an acceptance
of any of the Works by the Municipality, nor an assumption by the Municipality of any
Page 31
responsibility or liability in connection therewith, or a release by the Municipality of the
Owner from any of its obligations under this Agreement.
5.19 Damaae to Existina Services
Forthwith after written demand therefore is given by the Director to the Owner, the
Owner shall pay to or to the direction of the Municipality, the cost of repairing any damage
to any property or services of the Municipality, the Region, or any utility authority or
company or (the "Damaged Services") including without limiting the generality of the
foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer
systems, and the cost of relocating any Damaged Services, caused by or resulting from
the development of anyone (1) or more portions of the Lands, or the construction or
installation of any of the works provided that all such repairs and or relocation(s) are
completed to the satisfaction of the Director, the Region and the relevant utility authority
or company which owns or is responsible for the Works, property or services in question.
In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of
the Works constructed or installed pursuant to this Agreement which are located in
driveways or so close thereto as in the opinion of the Director will interfere with the use of
the driveway in question, forthwith after being given written notice by the Director requiring
the Owner to undertake such relocation.
5.20 Not used
5.21 Use of Works bv Municioalitv
The Owner acknowledges and agrees that any of the Works my be used by the
Municipality and such other person(s) who is (are) authorized by the Municipality for any
of the purposes for which the Works are designed, without interference by the Owner,
and without the payment of any fee or compensation to the Owner, and for such
purposes the Municipality and other person(s) authorized by the Municipality may enter
upon the portion(s) of the Lands on which the Works are located.
5.22 Not used
5.23 Reauirements for Certificate of Completion
The Owner acknowledges and agrees that the construction and installation of any
of the Works authorized in an Authorization to Commence Works shall not be deemed to
be completed for the purposes of this Agreement until the Director has provided the
Page 32
Owner with written certificate that such is the case (the "Certificate of Completion"). In
addition to satisfying the other requirements of this Agreement respecting its issuance, a
Certificate of Completion shall not be issued until such of the Works authorized by the
Authorization to Commence Works for which a Certificate of Completion is required,
have been inspected by the Director, and he is satisfied such Works have been
constructed and installed in accordance with the Engineering Drawings and has received
all certificates and confirmations from the Owner's Engineer as provided for in this
Agreement.
5.24 Reauirements for Certificate of Acceptance
The Owner acknowledges and agrees that none of the Works covered by a
Certificate of Completion shall be accepted, nor deemed to be accepted for the purpose
of this Agreement until the Director has provided the Owner with written certificate that the
Works in question have been accepted ("the Certificate of Acceptance"). If the
requirements of this Agreement respecting the issuance of a Certificate of Acceptance
any of the Works, except the Final Works, have been satisfied, and without limiting the
generality of the foregoing, if the Director is of the opinion that the Works in question have
been maintained in compliance with paragraph 3.10 and all deficiencies and defects in
such Works have been remedied and corrected by the Owner on behalf of the
Municipality, the Director shall provide the Owner with a Certificate of Acceptance of the
relevant Works. If the requirements of this Agreement respecting the issuance of a
Certificate of Acceptance of the Final Works have been satisfied, and without limiting the
generality of the foregoing, if the Director is of the opinion that the Works in question have
been maintained in accordance with paragraph 3.10 and all deficiencies and defects in
such Works have been remedied and corrected by the Owner, and the Director reports
his opinion that such Works should be accepted by the Municipality for the Municipal
Council, Council may approve the report of the Director. Following Council's approval of
this report as aforesaid the Director may provide the Owner with a Certificate of
Acceptance of the Final Works.
5.25 Ownership of Works bv Municipality
For greater certainty, the Owner acknowledges and agrees that the Municipality is
the Owner of all of the Works covered by a Certificate of Acceptance. The Owner shall
have no right or claim thereto, other than as an owner of land abutting a highway in which
such Works are installed.
Page 33
5.26 Reauirements for Certificate of Release
Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this
paragraph 5.26, and the Works located thereon have been constructed, installed and
accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide the
Owner with a written release (the "Certificate of Release") respecting the Lands, for which
a Site Plan has been registered. The Certificate of Release shall be in a form suitable for
registration or deposit in the proper Land Registry Office. In addition to the Owner
satisfying the other requirements of this Agreement respecting the issuance of a
Certificate of Release, the Certificate of Release shall not be issued until:
(a) a Certificate(s) of Acceptance has been issued for all the Works;
(b) a registered Ontario Land Surveyor, acceptable to the Director and retained
by the Owner at the Owner's expense has provided the Municipality with
written confirmation that at a date not earlier than the date of issuance of
the Certificate of Completion of the Final Works, he has found, placed or
replaced all standard iron bars shown on the registered final Site Plan of the
lands and has found, placed or replaced all survey monuments at all block
corners, the end of all curves, other than corner roundings, and all points of
change in direction or road(s) on such Plan; and
(c) Municipal Council has by resolution, acknowledged that the Owner has
satisfied all of the provisions of this Agreement.
From the date of its issuance, a Certificate of Release shall operate as a discharge of the
Owner in respect of the Lands or the portion thereof which are described therein of the
obligations of the Owner under this Agreement with the exception of (1) the Owner's
obligation respecting drainage as provided in this Agreement; and (2) Articles 8, 9, 11 and
12 of this Agreement.
5.27 Not used
5.28 Cost of Works Referred to in Schedule "G"
The Owner acknowledges and agrees that it will pay the total cost of the Works
referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of
any part of the total cost of the Works by reason of any of them being oversized to
Page 34
accommodate drainage or traffic from lands outside the limits of the Lands, whether from
or in respect of a development charge imposed by the Development Charge By-law, or in
any other manner, or for any other reason unless the Owner is a party to a Front-Ending
Agreement with the Municipality made under the Development Charges Act, 1997, with
respect to the Works, if such Agreement provides for benefiting owners other than the
Owner to make front-ending payments in respect of anyone or more portions of the
Works.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS
In exercising its rights and in performing its covenants under this Agreement, the
Owner shall comply with all regulations and laws of general application and all by-laws of
the Municipality and the Region. Without limiting the generality of the foregoing, at all
times the Owner shall comply and cause all contractors, sub-contractors and suppliers of
materials and services in connection with the construction, installation and maintenance
of the Works to comply with the provisions of the Occupational Health and Safety Act,
and the Workers' Compensation Act.
ARTICLE 7 - ASSUMPTION OF OBLIGATIONS
(1) The Owner covenants and agrees with the Municipality that it shall not
proceed with any sale, mortgage or charge or a lease for a term
including entitlement to renew of 21 years or more either of the whole or
anyone or more portions of the lands or any assignment or sublease of
such a leasable interest with an unexpired term including entitlement to
renew of 21 years or more of the whole or anyone or more portions of the
Lands, that each proposed transferee, mortgagee, chargee, lessee,
assignee or sub-lessee, as the case may be, has entered into an
agreement with the Municipality prior to and conditionai on the
transaction in question taking place, assuming each of the relevant
obligations and covenants ("Assumption Agreement") provided for in this
Agreement to the extent applicable to the Lands in respect of which such
interest is being acquired, save and except those obligations and
covenants that have been discharged by performance to the satisfaction
of the Municipality or are included In a Subdivision/Consent Agreement
made pursuant to section 51 or section 53 of the Planning Act registered
against the title to such lands which the Municipality's Solicitor, acting
reasonably, considers to be enforceable against successors in title to the
relevant portion of the Lands pursuant to the provisions of the Planning
Page 35
Act, Where a mortgage, charge, lease, assignment of lease or sublease of
a leasehold interest is given by way of security for financing then such
mortgagee, chargee, lessee, assignee or sub-lessee, thereunder shall not
be bound to assume such of the Owner's obligations and covenants
unless and until such mortgagee, chargee, lessee, assignee or sub-lessee
takes possession or control of the property pursuant to such security,
Where any of the obligations and covenants of the Owner have been
assumed unconditionally by a transferee, lessee, assignee or sub-lessee
(" Assuming Party"), as the case may be, who has acquired the title to all
or a portion of the Lands and entered into the aforesaid Assumption
Agreement with the Municipality, then the Owner, an Assuming Party or
an Assuming Party's successor in titie of that land, as the case may be,
shall be deemed to be released from its obligations and covenants
hereunder to the extent that such obligations and covenants have been
so assumed, Similarly, if an Assuming Party or a successor in title of an
Assuming Party proposes to enter into a transaction referred to in this
paragraph, an Assumption Agreement Is required to be made with the
Municipality prior to and conditional on the transaction in question taking
piace, In the latter case, the provisions of this paragraph shall apply with
all necessary changes being considered to have been made in order to
give effect to the intent of the penuitimate sentence of this paragraph.
(2) Not Used
(3) Not Used
ARTICLE 8 - COMMUNITY RELATIONS COMMITTEE
Miller Waste Systems will cooperate with the Municipality in the establishment and
operation of the Community Relations Committee in accordance with the composition and
terms of reference thereof contained in Schedule "U" hereto. The members of the
Committee shall be appointed by the Municipality's Director of Planning Services in
consultation with Miller Waste Systems.
ARTICLE 9 - ROYALTY
9.1 Miller Waste Systems shall pay a royalty to the Municipality in an amount
calculated at the rate of One ($1.00) Dollar per tonne of the weight of all non hazardous
Industrial, Commercial and Institutional Waste (collectively "Waste") delivered directly to
Page 36
the Compost Facility by Miller Paving Limited, Miller Waste Systems, any "Associated
Company" (as defined in the Canada Income Tax Act) of either of them or by another
person as shown on the Truck Weight Scale Tickets provided for below in this Article. The
payments shall be made to the Municipality on June 30 and December 31 of each year in
which the Compost Facility or any portion of it is in operation on the Lands.
9.2 Truck WeiQh Scale Ticket
With respect to each load of Waste delivered to the Compost Facility or any
portion thereof, Miller Waste Systems shall prepare and retain at a suitable office on the
Lands for inspection by the Director of Engineering Services or the Municipality's Auditor
individual written Truck Weigh Scale Tickets numbered serially which shall show:
With respect to each load of Waste delivered to the Compost Facility by Miller
Waste Systems by other persons than individual residents, Miller Waste Systems
shall prepare and retain at the Compost Facility for the term of this Agreement for
inspection by the Director of Engineering Services or by the Municipality's Auditor
individual written Truck Weigh Scale Tickets numbered serially which shall show:
(i) the date and time of the delivery,
(ii) vehicle identification,
(iii) account number and identify,
(iv) description of Waste, and
(v) net weight in tonnes of Waste.
9.3 Dailv Reports
In addition to the individual written Truck Weight Scale Tickets referred to in
paragraph 9.2, Miller Waste Systems shall prepare daily and retain at the Compost
Facility for the term of this Agreement a daily report of all transactions which shall
be numbered serially and shall show:
(i) the date and time of preparation,
(ii) the serial numbers of the Truck Weigh Scale Tickets which are
summerized,
(iii) the date, and vehicle in and out times shown on the Weigh Scale Tickets,
(iv) identification of vehicles delivering Waste,
(v) the net tonnes of Waste shown on the Truck Weigh Scale Tickets, and
(vi) the amount of the royalty, if any, payable to the Municipality with respect to
Industrial, Commercial and Institutional Waste.
Miller Waste Systems shall deliver copies of the daily reports to the Municipality
forthwith after the completion of each month.
Page 37
9.4 Truck WeiQh Scales
Miller Waste Systems shall comply at all times with the provisions of the Weights
and Measures Act, R.S.C. 1995, cW.6, as amended, in providing, installing, maintaining
and calibrating the truck weigh scales installed by Miller Waste Systems on the premises.
The truck weigh scales shall be approved under the Weights and Measures Act.
ARTICLE 10 - CONSERVATION EASEMENT
(1) On or before the execution of this Agreement by the Municipality, Miller Paving
Limited shall transfer to the Municipality for a nominal consideration a
Conservation Easement respecting the woodlot on the Lands in a form and with a
content that is satisfactory to the Municipality's Director of Planning Services.
(2) Miller Paving Limited has engaged Mr. David Puttock of Silv-Econ Ltd. and Gartner
Lee ("Consultants") to prepare a forest management plan ("Plan") for the woodlot
located on the Lands and has instructed them to proceed to complete their work
on it expeditiously. Miller Paving Limited will consult with the Municipality's Director
of Planning Services on the draft Plan prepared by the Consultants and will ensure
that the final Plan prepared by them incorporates the comments of the Director.
Forthwith after it is completed, the final Plan shall be given by Miller Paving Limited
to the Director of Planning Services. The parties hereby authorize the Director of
Planning Services to annex the Plan as finally approved by Miller Planning Limited
to the Conservation Easement.
ARTICLE 11 - TIME OF ESSENCE
Time is of the essence of this Agreement.
ARTICLE 12 - AUTHORITY OF MUNICIPALITY
The Owner acknowledges and agrees that the Municipality has authority to enter
into this Agreement and the Development Agreement between the Municipality and Miller
Paving Limited dated October 16, 2006 and registered on title to the Lands as Instrument
No. , that every provision hereof is authorized by the law and is fully
enforceable by the Parties, and that this Agreement is made by the Municipality in
reliance on the acknowledgement and agreement of the owner as aforesaid.
Page 38
ARTICLE 13 - AUTHORITY TO UPDATE AND COMPLETE AGREEMENT INCLUDING
SCHEDULES
On behalf of the Parties to this Agreement, the Director of Planning Services and
Director of Engineering Services are acting individually or collectively hereby authorized
from time to time to complete registration particulars of any instruments referred to either
in the text of this Agreement or in the Schedules hereto, and to update and complete any
one or more of the Schedules as further information becomes available to the
Municipality, provided that forthwith after each occasion on which he takes any of the
aforesaid actions, the Director of Planning Services and/or Director of Engineering
Services, as the case may be; gives written notice thereof to each of the Parties, with the
exception of the Municipality.
Page 39
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed
their corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND }
}
DELIVERED }
}
}
In the presence of: }
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTqN.
. ,
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-
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MILLER PAVING LIMITED
!~ ~L~
t\, \?, \ tt<j;~
(PRINT NAME)
. ~
,
rr~i~
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Name:
Title:
(PRINT NAME)
l!We have authority to bind the Corporation.
MILLER WASTE SYSTEMS
.0.
(PRINT NAME)
Name:
Title:
(PRINT NAME)
lNJe have authority to bind the Corporation.
Page 40
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
LEGAL DESCRIPTION OF LANDS
ALL AND SINGULAR that certain parcel and tract of land and premises situate,
lying and being in the Municipality of Clarington, in the Regional Municipality of Durham,
and more particularly described as Part Lot 27, Concession 1; Geographic Township of
Darlington; being:
P.I.N. 26603-0054 (part)
Parts 1, 2, 3, 4, 5, 7, 8, and 12, Plan 40R-24458; and
P.I.N. 26607-0062
Part 11, Plan 40R-24458
deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40)
("Land Registry Office").
Page 41
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
CHARGES AGAINST LANDS
(1 )
(2)
(3)
Municipal Taxes
Local Improvement Charges
Drainage Charges
to be paid upon execution of Agreement
to be paid upon execution of Agreement
to be paid upon execution of Agreement
Page 42
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
(1) On the execution of this Agreement. the Owner shall deliver to the
Municipality transfers of the following easements:
Part 12 on Plan 40R-24458 for the purpose of a temporary turning circle
(2) Without derogating from the other provisions of this Agreement. the Owner
shall transfer or cause to be transferred to the Municipality easements to
accommodate any work provided for in the approved Engineering
Drawings or the Reapproved Engineering Drawings in lands located
beyond the limits of the Lands as may be required by and to the
satisfaction of the Director by notice given in writing to the Owner. The
Director shall determine the duration and terms of any such easements.
The transfers shall be prepared by the Owner at its cost. shall be free and
clear of all encumbrances and restrictions, shall contain other provisions
satisfactory to the Municipality's Solicitor, shall be made for a nominal
consideration, and shall be in registrable form. Paragraphs 2,4 and 2.6
shall apply in respect of transfers with all necessary changes to them
being considered to have been made to give effect to the intent of this
paragraph (3).
(3) The Owner shall construct such turning circle in accordance with the
Municipality's Design Criteria and Standard Drawings. Such temporary
turning circle shall be held by the Municipality until the completion of the
extension of Hancock Street to the north of the northerly limit of the
temporary turning circie as it intersects with the unopened road
allowance between Lots 26 and 27, Concession 1. former Township of
Darlington now the Municipality of Clarington, and its dedication as a
public highway pursuant to the Municipal Act. 2001. At that time, the
Municipality shall rei ease the easement in Part 12 on Plan 40R-24458 to the
Owner of the Lands for a nominal consideration.
(4) The Owner shall transfer or cause to be transferred to the Municipality any
easements for the disposal of storm water from the said Lands which are
Page 43
required by the Director which are external to the said Lands at no
expense to the Municipality. The easements shall be transferred to the
Municipality forthwith after the Director gives the Owner written notice of
his requirements and the reasons therefore. Paragraphs 2.4 and 2.5 of this
Agreement shall apply with all necessary changes to them being
considered to have been made to give effect to the extent of these
provisions.
Page 44
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
LANDS TO BE TRANSFERRED TO MUNICIPALITY
(1) Transfer of Lands
The Owner shall deliver to the Municipality in a form satisfactory to the
Municipality, transfers in fee simple absolute the following lands:
- Part 1 on Plan 10R-3757 (the south part of the realigned road and east side
Hancock Rd. widening)
- Part 1 on Plan 40R-19278 (0.3 m reserve adjacent to Part 1 on the 1 OR-plan)
- Part 2 on Plan 40R-19278 (south end of the above two parts)
Page 45
SCHEDULE"G"
THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
WORKS REQUIRED
The Owner shall construct, install, supervise and maintain the following Works,
including all connections, alterations, adjustments and transitions required to suit existing
systems or lands in accordance with the Municipality's Design Criteria and Standard
Drawings, and the Engineering Drawings, all to the approval of the Director:
(1)(a) A storm sewer system for the removal of upstream storm water and storm water
originating within the said Lands, including storm sewer mains and connections,
manholes, catch-basins, open channels, storm outfalls and structures and any
other appurtenances and oversizing as may be required (the "Storm Sewer
System").
(b) The realignment of Hancock Road abutting the Lands including a road widening
which accommodates the servicing of the Lands, providing for all vehicular traffic
and access to the Lands, including the installation of a turning circle, and the
Works required within the road, including suitable subgrade, subbase and base
granular materials, subdrains, base and top stage curbs and gutters, base and
surface asphalt, traffic control and street name signs, boulevard topsoil and
sodding and street lighting (the "Road System").
(c) Related Works including grading and other miscellaneous Works shown on the
Engineering Drawings and Grading and Drainage Plan (the "Related Works").
PHASING OF THE WORKS
(1) INITIAL WORKS
- Storm Sewer System including all appurtenances;
realignment of Hancock Road abutting the Land including initial road widening
including subgrade, subbase and base granular materials, subdrains, base
Page 46
curbs, base asphalt, traffic control; grading (collectively called the "Initial
Works").
(2) FINAL WORKS
- final roadworks including top curbs and gutters, surface asphalt, boulevard
topsoil and sodding of the Road System; and
any remaining works not outlined in paragraph (2) of Schedule "G" (collectively
called the "Final Works").
Page 47
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
DUTIES OF OWNER'S ENGINEER
1. DESIGN WORKS AND PRIVATE WORKS
In addition to the other requirement of this Agreement, the Owner's Engineer shall
prepare all drawings, plans, studies, reports, estimates, calculations and documentation
for the consideration and approval of the Director, which include:
(a) the Engineering Drawings and other related Drawings;
(b) the Grading Plans, Drainage Plans, Master Drainage Plans, Erosion and
Sedimentation Control Plans, and other related Plans;
(c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater Management
Reports, Stormwater Implementation Reports and other related Reports;
(d) Schedules of Work;
(e) the Works Cost Estimates; and
(f) all documentation and verification to support Performance Guarantee and Security
for the Maintenance Guarantee reduction submissions.
The approval of the Director shall not absolve or release the Owner or the Owner's
Engineer of the responsibility and liability for any errors or omissions in the above
drawings, plans, reports, stages or documentation or from liability for any damage or loss
caused or resulting directly or indirectly by the Owner's Engineer.
2. REPRESENT OWNER AND OBTAIN MUNICIPALITY APPROVALS
The Owner's Engineer is hereby authorized by the Owner to act as the Owner's
representative in all matters pertaining to the design, construction and installation of the
works and the overall management of the development, and shall co-operate with the
Page 48
Municipality and the Director to protect the interests of the Municipality and the general
public in all matters relating to the design, construction and installation of the Works. In
addition, the Owner's Engineer shall work in accordance with all conditions of the
Agreement, including Section 5 and Schedules "G", "I", "J" and "L".
3. PROVIDE RESIDENT SUPERVISION
The Owner's Engineer shall provide fully qualified, experienced supervisory layout
and inspection staff, acceptable to the Director, to provide continuous inspection service
during all phases of the construction and installation of the Works and the private works.
Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible
for the following:
(a) To carry out or arrange for the carrying out by qualified personnel of field layout
including the provision of line and grade to the contractors and, where required,
restaking.
(b) To thoroughly inspect the construction, installation, and supply of materials to
ensure that all work is being performed in accordance with the Engineering
Drawings, the Municipality's Design Criteria and Standard Drawings and all
applicable law. The Owner's Engineer shall have the authority and responsibility to
immediately stop and/or reject any work, procedure, or material which in his
opinion does not comply with the Engineering Drawings, the Design Criteria and
Standard Drawings, and/or the applicable law.
(c) To carry out or arrange the carrying out by qualified personnel of all necessary
monitoring and field testing of procedures, equipment and materials installed or
proposed to be installed and, in conjunction with the geotechnical engineer, and
where appropriate, the structural engineer, provide certification to the Director that
all monitoring and test results meet the requirements of Schedule "L" of this
Agreement.
(d) To provide co-ordination and scheduling of the construction and installation of the
Works in accordance with the timing provisions contained in this Agreement and
the requirements of the Director.
(e) To investigate and immediately report to the Director any unusual circumstances,
potential problems, conflicts, errors, defective work or material which may arise
during the construction and installation of the Works.
Page 49
(f) To obtain field information during and upon completion of the construction and
installation of the Works required to modify the Engineering Drawings to produce
the as-constructed drawings of the Works.
4. MAINTAIN RECORDS
The Owner's Engineer shall maintain all records, data, reports, approvals and
orders pertaining to the construction and installation including all contract documents,
sub-contracts and supply contracts, payment certificates, payment records and receipts,
certificates of substantial performance, the names and addresses of all contractors, sub-
contracts and proof of service and publication thereof in accordance with the provisions of
applicable legislation and make all of the foregoing available for examination by the
Director as required by the Director without cost. If any change is made in the terms of a
contract, sub-contract or supply contract or in the name or address of a contractor, sub-
contractor and supplier from information that may not have been provided to the Director
by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's Engineer
immediately after becoming apprised of each change shall give the Director written notice
of it.
5. PROVIDE PROGRESS
The Owner's Engineer shall provide the Director with reports on the progress of the
construction and installation of the Works on a monthly basis, or at such other interval as
approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
The Owner's Engineer shall prepare and submit the as-constructed drawings of
the Works together with the computer disks, if any have been prepared, to the Director
provided that the as-constructed drawing shall be prepared to the satisfaction of the
Director.
Page 50
SCHEDULE "J"
THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
WORKS COST ESTIMATES
ESTIMATED UNIT TOTAL
ITEM DESCRIPTION UNIT QUANTITY PRICE COST
1.0 EXCAVATION,SEDIMENT AND EROSION CONTROL
1.1 Stripping topsoil(Road Allowance) m3 3500.00 $3.00 $ 10,500.00
1.2 Rough Grading and excavation m3 1000.00 $3.00 $ 3,000.00
1.3 Imported Fill(Road Allowance) m3 10500.00 $ 4.00 $ 42,000.00
1,4 Snow fence & enviro fence I.m. 315.00 $15.00 $ 4,725.00
1.5 Clear crushed stone (mud mat) each 1.00 $ 2,000.00 $ 2,000.00
1.6 Catch basin filtration controi each 8.00 $ 50.00 $ 400.00
Sub Total $ 62,625.00
2.0 STORM SEWERS
2.1 450mm DIA. CL 65D concrete pipe I.m. 247.00 $ 190.00 $ 46,930.00
2.2 1200mm DIA. precast concrete manhole v.m. 5.90 $ 1,450.00 $ 8,555.00
2.3 Single catch basins each 6.00 $ 1,300.00 $ 7,800.00
2,4 Double catch basins each 2.00 $ 2,100.00 $ 4,200.00
250mm DIA. DR 35 PVC catch basin
2.5 connection I.m. 33.00 $ 120.00 $ 3,960.00
300mm DIA. DR 35 PVC catch basin
2.6 connection I.m. 18.00 $ 135.00 $ 2,430.00
2.7 Concrete endwall complete with grate I.s. 1.00 $ 4,500.00 $ 4,500.00
2.8 1000mm DIA. x 2.8 CSP culvert I.m. 65,40 $ 365.00 $ 23,871.00
2.9 Television inspection I.m. 247.00 $ 4.00 $ 988.00
Sub Total $ 103,234.00
3.0 OUTFALL CHANNEL
3.1 Excavation and grading m3 680.00 $ 8.00 $ 5,440.00
3.2 150mm rip rap with terrafix 270R filter clothe m2 80.00 $ 25.00 $ 2,000.00
(depth 300mm)
3.3 1 OOmm topsoil m2 1650.00 $ 3.00 $ 4,950.00
3,4 Sod m2 550.00 $ 3.00 $ 1,650.00
3.5 Hydro seed m2 1100.00 $2.00 $ 2,200.00
3.6 Snow fence with enviro fence I.m. 50.00 $15.00 $ 750.00
3.7 Rock check dams each 2.00 $ 350.00 $ 700.00
Sub Total $ 17,690.00
4.0 ROADS AND MISCELLANEOUS STAGE 1
4.1 Fine grading m2 9825.00 $0.75 $ 7,368.75
4.2 Granular '8' base course m3 2120.00 $ 29.00 $ 61,480.00
Page 51
4.3 Granular 'A' base course m3 619.00 $ 42.00 $ 25,998.00
4.4 HL8 binder asphalt (80mm) m2 4060.00 $12.50 $ 50,750.00
4.5 Concrete curb and guller I.m. 800.00 $ 48.00 $ 38,400.00
4.6 100mm perforated underdrain I.m. 800.00 $12.00 $ 9,600.00
4.7 Supply PVC ducts I.m. 60.00 $8.00 $ 480.00
4.8 Utility duct crossings each 1.00 $ 750.00 $ 750.00
4.9 Street Signs each 1.00 $ 350.00 $ 350.00
Sub Total $195,176.75
5.0 STAGE II ROADS
5.1 HL3 Surface Asphalt (40mm) l. 510.00 $ 78.00 $ 39,780.00
5.2 Clean Catchbasin I.m. 8.00 $ 100.00 $ 800.00
5.3 Clean Manhole each 3.00 $ 100.00 $ 300.00
5.4 Clean & Flush Sewers I.m. 247.00 $ 6.00 $ 1,482.00
5.5 Adjust manholes to grade each 3.00 $ 300.00 $ 900.00
Adjust catch basins to grade include
5.6 concrete infiil each 8.00 $ 400.00 $ 3,200.00
Sub Total $ 46,462.00
6.0 STREET LIGHTS each 6.00 $ 1,950.00 $ 11,700.00
Sub Total $11,700.00
7.1 BOULEVARDS AND DRIVEWAYS
7.2 Fine grade boulevards m2 4500.00 $1.00 $ 4,500.00
7.3 T opsoii and sod bou levards m2 4500.00 $ 6.00 $ 27,000.00
Sub Total $ 31,500.00
8.0 BOULEVARD TREES (FUTURE) each 17.00 $ 325.00 $ 5,525.00
Sub Total $ 5,525.00
SUMMARY
1.0 EXCAVATION,SEDIMENT & EROSiON $ 62,625.00
2.0 STORM SEWERS $ 103,234.00
3.0 OUTFALL CHANNEL $ 17,690.00
4.0 ROADS AND MISCELLANEOUS STAGE 1 $195,176.75
5.0 STAGE 2 ROADS $ 46,462.00
6.0 STREETliGHTS $ 11,700.00
7.0 BOULEVARDS AND DRIVEWAYS $ 31,500.00
8.0 BOULEVARD TREES $ 5.525.00
Sub Total $ 473,912.75
5% Contingencies $ 23,695.64
Sub T otai $ 497,608.39
10% Engineering $ 49,760.84
Sub Total $ 547,369.23
6% GST $ 32,842.15
TOTAL COST ESTIMATE SO 580.211.38
Page 52
ADJUSTMENTS
The Performance Guarantee for the Works shall be based on the preliminary
Works Cost Estimates which have been submitted to the Director by the Owner's
Engineer and approved by the Director. When the Engineering Drawings and the
Landscaping Plan have been approved by the appropriate Director as is required by this
Agreement, a revised Works Cost Estimates for the construction and installation of Works
shall be prepared by the Owner's Engineer and submitted to the Director for approval.
The revised Works Cost Estimates shall be used as a basis to adjust the Performance
Guarantee, in the event of an increase or decrease in the Works Cost Estimate.
Page 53
SCHEDULE "K"
THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REQUIRED
The Owner shall obtain and maintain insurance of the character commonly
referred to as public liability and property damage with an insurance company approved
by the Municipality's Director of Finance and licensed in Ontario to underwrite such
insurance and containing terms and conditions which are acceptable to the Municipality's
Director of Finance. Such policy or policies of insurance shall indemnify the Municipality
against all damage or claims for damage for:
(a) any loss or damage that shall or may happen to any of the Works or any of the
Utilities or to any part or parts thereof respectively;
(b) any loss or damage that shall or may happen to any of the materials or any of the
equipment or any other things used to construct or install any of the Works or any
of the Utilities or any part or parts thereof respectively;
(c) any injury to any person or persons including workmen employed on the said
Lands and the public;
(d) any loss or damage that shall or may result from the storage, use or handling of
explosives;
(e) any loss or damage that shall or may result from the drainage of surface waters on
or from the said Lands;
(f) any loss or damage that shall or may result from the disposal of effluent from any
sewage disposal works; and
(g) any loss or damage that shall or may happen to any public road or to any property
of the Municipality or to the property of any other person either directly or indirectly
Page 54
by reason of the Owner undertaking the development of the said Lands together
with any or all of the Works, Utilities and Services pertaining thereto.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of the Owner
and the Municipality and shall provide the following minimum coverages for five million
($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or
series of accidents or occurrences.
The issuance of such policy or policies of insurance or the acceptance of it or them
by the Municipality shall not be construed to relieve the Owner from responsibility for
other or larger claims for which it may be held responsible.
3. EXEMPTION OF COVERAGE PROHIBITED
The policy or policies of insurance shall contain no coverage exemptions or
limitations for:
(a) any shoring, underpinning, raising or demolition of any building or structure
(b) any pile driving or caisson work;
(c) any collapse or subsidence of any building, structure or land from any cause; or
(d) any storage, handling or use of explosives in cases in which the Owner is required
to obtain the Director's permission to carry out a blasting operation under Schedule
"L" of this Agreement.
4. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day which
the first Authorization to Commence Works is issued and shall terminate no earlier than
the last day on which all Certificates of Acceptance have been issued for each of the
Works for all the Works contemplated by this Agreement.
Page 55
SCHEDULE "L"
THIS SCHEDULE IS SCHEDULE "L" to the Agreement which has been
authorized and approved by By-law No.2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
REGULATIONS FOR CONSTRUCTION
1. GENERAL
All work pursuant to and associated with this Agreement shall be carried out in
strict conformity with all approved Engineering Drawings, the Municipality's Design
Criteria, Standard Drawings and Specifications or any revision thereof and all applicable
legislation, in addition to any requirements set out in this Agreement.
2. SAFETY
The Owner shall ensure that all construction pursuant to and associated with this
Agreement is carried out in conformance with the Occupational Health and Safety Act,
and other applicable legislation.
3. PERMITS AND APPROVALS
The Owner shall ensure that any and all permits and approvals required to install
or construct or prepare to install or construct any of the Works pursuant to or associated
with any part of this Agreement have in fact been obtained and are valid and in good
standing.
4. REQUIREMENTS FOR BLASTING
Prior to commencing any blasting, the Owner shall obtain from the Director,
permission to carry out the blasting operation.
5. REMOVAL OF TOPSOIL
The Owner shall not remove any topsoil from the said Lands except for
construction purpose and such topsoil must remain within the limits of the said Lands.
Page 56
6. DUMPING OF FILL OR DEBRIS
Except as may be permitted in a Provisional Certificate of Approval issued under
the Environmental Protection Act in response to the Application contained in Schedule "T"
to this Agreement, the Owner agrees to neither dump, nor permit to be dumped, any fill or
debris, on nor to remove, or permit to be removed any fill from any lands to be dedicated
to the Municipality other than the roads within the limits of the said Lands, without the
written consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
Except as may be permitted in a Provisional Certificate of Approval issued under
the Environmental Protection Act in response to the Application contained in Schedule "T"
to this Agreement, the Owner shall remove and dispose of all construction garbage and
debris from the said Lands in an orderly and sanitary fashion in a dump site off the said
Lands and approved by the Director. The Municipality shall not be responsible for the
removal or disposal of garbage and debris. The Owner shall deliver a copy of this
provision to each and every builder obtaining a building permit for any part of the said
Lands and to ensure that no burning of construction garbage or debris is permitted on the
said Lands. Without derogating from the foregoing provisions of this paragraph, if the
Owner fails to remove construction garbage or debris from the Lands for a period of three
(3) consecutive days following the giving of written notice by the Director to the Owner
requiring it to do so, the Director may cause the construction garbage or debris to be
removed to and disposed of in the aforesaid dumping site at the expense of the Owner.
Forthwith after the Director gives written notice to the Owner requiring it to pay for the
costs incurred in removing and disposing of the construction garbage or debris, the
Owner shall pay the Municipality the amount of money for it is invoiced.
8. QUALITATIVE AND QUANTITATIVE TESTS.
(1) The Owner's Engineer shall arrange for and monitor all testing or procedures,
equipment and materials, by a qualified geotechnical engineer and where
applicable, a qualified structural engineer, who shall ensure conformance with the
Engineering Drawings, and with the Municipality's Design Criteria and Standard
Drawings, or in cases where criteria have not been specified by the Municipality,
with the Ontario Provincial Standards for Roads and Municipal Services.
Page 57
Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in
conjunction with the geotechnical engineer and where applicable structural
engineer, shall issue a certificate in a form acceptable to the Director, confirming,
based on the location, frequency and type of tests and monitoring and the results
of such tests or monitoring, that he is satisfied with the materials testing methods
used and that the results conform to the requirements of paragraph 8(1) of this
Schedule "L",
(3) The Owner agrees that the Director may, at his sole discretion, employ a
geotechnical engineer to carry out independent qualitative or quantitative tests on
behalf of the Municipality, for any portion of the Works, procedures, equipment or
materials installed or constructed or to be installed or constructed and that the
costs of such testing shall be paid by the Owner.
9. TELEVISED INSPECTION OF STORM SEWER
The Owner agrees to televise and record, to the satisfaction of the Director, and for
Municipality use, all of the storm sewers and all catchbasin leads and, subsequent to any
rectifications or additional work, to re-televise and record to the satisfaction of the
Director, any storm sewer and catchbasin lead, and that all associated costs shall be paid
by the Owner.
10. WINTER CONSTRUCTION
In addition to the materials testing criteria for cold weather construction, any pipe
bedding, trench backfill or road building material found to contain frozen material shall be
deemed unacceptable and shall be removed immediately.
The Owner shall not commence placement of base asphalt paving later than
December 1 st and shall not commence placement of surface asphalt paving later than
November 15th, unless approved otherwise by the Director.
Should the Director be of the opinion that any of the Works are not being
constructed using effective cold-weather precautions he may, in his absolute discretion,
revoke any Authorization to Commence Works and suspend construction by issuing a
stop work order to be in effect until the Director give the Owner written notice of the
termination of the stop work order.
Page 58
11. WEED AND RAT CONTROL
After the commencement of construction the Owner shall institute upon the Lands
a program of weed and rat control to the satisfaction of the Director.
Page 59
SCHEDULE "R"
THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been
authorized and approved by By-law No. 2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
ENGINEERING AND INSPECTION FEES
Estimated Cost of Works
Fees
Up to $100,000.00
4% to a maximum of $4,000.00
$100,000.00 to $500,000.00
$4,000.00 or 3.5% of the estimated cost
of services - whichever is greater
$500,000.00 to $1 ,000,000.00
$17,500.00 or 3% of the estimated cost
of services - whichever is greater
$1,000,000.00 to $2,000,000.00
$30,000.00 or 2.50% of the estimated
cost of services - whichever is greater
$2,000,000.00 to $3,000,000.00
$50,000.00 or 2.25% of the estimated
cost of services - whichever is greater
$3,000,000.00 to $4,000,000.00
$67,500.00 or 2% of the estimated cost
of services - whichever is greater
For the purposes of calculating the Engineering and Inspection Fees as
contemplated by this Schedule, the estimated costs of Works shall include the Cost
Estimates as specified in Schedule "J" hereto. The parties agree that the engineering and
inspection fees paid by the Owner to the Municipality shall be Eighteen Thousand and
Twenty-Five ($18,025.00) Dollars plus Goods and Services Tax. The payment of the
Engineering and Inspection fees to the Municipality are subject to the Goods and
Services Tax, and therefore an additional six (6%) percent must be added to the fees
calculated using this Schedule and paid by the Owner to the Municipality.
The Engineering and Inspection Fees are to be paid to the Municipality prior to
issuance of the Authorization to Commence Works.
Page 60
SCHEDULE "T"
THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been
authorized and approved by By-law No. 2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
Application for Provisional Certificate of Approval
Environmental Protection Act (EP A)
Provisional Certificate of Approval
For a Waste Disposal Facility,
Clarington Compost Facility
Prepared for
Miller Waste Systems
July, 2005
Reference: GLL 23-922
Distribution:
4 Miller Waste Systems
2 Gartner Lee Limited
~ Gartner Lee
~ Gartner Lee Limited
July 5, 2005
Mr. James O'Mara
Director
Environmental Assessment and Approvals Branch
Ministry of the Environment
2 St. Clair Avenue West, Floor 12 A
Toronto, ON M4V IL5
Dear Mr. O'Mara:
Re: GLL 23-922 - Application for Certificate of Approval- Oarington Compost Facility
On behalf of Miller Waste Systems, we are pleased to submit the enclosed application for
provisional Certificate of Approval for the proposed Clarington Compost Facility located at
municipal address 1848 Baseline Road, Clarington. Documentation supporting the application is
provided, including an operations plan, details of pre-submission consultations and public
notification and a summary ofthe proposal for posting on the Electronic Bill of Rights registry.
This facility will be operated by Miller Waste Systems to serve the waste diversion needs of
municipal, industrial, commercial and institutional clients. The site is designed to receive up to
4,200 tonnes/week of organic material, including curing compost, leaf and yard material, wood
waste and selected industrial organics. On an annual basis the facility will receive and process up
to 70,00 tonnes of organic material and wood.
This facility will enhance the diversion infrastructure in Durham Region and assist the Region in
achieving its waste diversion goals in an environmentally sound manner. In particular, the
facility complements Miller Waste's EBARA facility in Pickering that will process the Region's
household organics. It will also provide a modem facility to manage the Region's leaf and yard
material and that of industrial clients and provide an efficient wood recycling alternative to a
range of clients.
Copies of this application have been forwarded to the Ministry of the Environment York-Durham
District Office, Clerk of the Regional Municipality of Durham, and Town Clerk for the Town of
Clarington.
30n fown Cl.ntl'~ Bo,de'JarcJ, Suitp'~(lO. Mar~ham. Ont.:omo UR ')/6 tE:l (J(h.477.8400 iax gO~j.4n.l-fS6
www.gartnerlee.com
~
Page 2
Ministry of the Environment
July 5, 2005
Should you have any questions regarding this application
Mr. Mike Kopansky, Miller Waste Systems at 905.475.6397.
please contact the undersigned or
Yours very truly,
GARTNER LEE LIMITED
"
(
( --":J~(~
Catherine L. Dowling, RE.S., M.A.
Senior Environmental Economist
l
CLD:mm
Attach.
cc: Dave Fumerton, Area Supervisor, MOE York/Durham District Office
Mike Kopansky, Miller Waste Systems
Vaughn Bullough, Miller Waste Systems
Patricia Madill, Regional Clerk Durham Region
Peter Watson, Manager of Waste Management Durham Region Works Department
Clerk, P.L Barrie -Municipality ofClarington
17rW~J<J22)
~ Ontario
Application for a Provisional Certificate of Approval
for a Waste Disposal Site
Ministry of the Environment
Ce farmul-lire est disponible en fran';ilis
$
Initiills
Reference Number
For Office Use ani
P<lymunl
Generallnfonnation and Instructions
General:
Information requested in this form is collected under the authority of the Em-ironmental Protection Act, RS.O. 1990 (EPA) and the Envimnmt:ntal B)II of Rights, C. 28, Sl<ltules of
Onl.ario, 1993, (EBR) and will be used to evaluate applications for approval of waste disposal sites under Section 27, EPA.
Instructions:
1. Applicants are responsible for ensuring that they complete the most recent application form. When completing this form, please refer to the following guid.mee
material: the ~Gujde for Applying for Certificate of Approval of Waste Disposal Sites, Section 27, 30, 31 and 32, EPA: (referred to as the Guide) and .Guide - Application
Cost for Waste Management, S. 27, EPA_~. Application forms and supporting documentation are available from the Environmental Assessmenl and Approvals Branch loll
frl.-'-e aI1-800-461-6290 (locally at 416-314-8001), from your local District Office of the Ministry of the Environment, and in the "Publicalions" section of the Ministry 01 the
Environment website at htto:/lwww.ene.aov.on.caienvision:qpjindex.hlm#disDosal
2. Questions r~arding completion and submission of this application should be directed 10 the Environmental Assessment and Approvals Braflch, 2 51. Clair Avenue West,
Floor 12A, Toronto, Ontario, M4V 1lS, telephone number 1-800-461-6290 or (416) 314-8001, or 10 your local District Office oflhe Ministry of the Environment.
3. A complete application consists of:
1) a completed and signed application form;
2) all required supporting information identified in this form, the guidance material, and
3) a certified cheque, money Of'der or credit card payment, in Canadian funds, made payable to the Ontado Minister of Finance for the applicable application fee.
This form must be completed with respect to all requirements identified in the guidance material in order for it to be considered an application fOf approval.
INCOMPLETE APPLICATIONS WIU BE RETURNED TO THE APPLICANT. The Ministry may require additional information during the technical review of any
application accepted as complete.
4. The original application, along with the supporting information and the application fee, must be sent to:
The Minisb"y of the Environment,
Director, Environmental Assessment and Approvals Branch,
2 St. Clair Avenue West, Floor 12A, Toronto, Ontario, M4V 1L5
A copy of the application and the supporting information must be sent to the local Ministry District Office which has jurisdiction over the area where the facilities are located.
5. Information contained in this application is not considered confidential and will be made available to the public upon request. Information submitted as supporting
information may be claimed as confidential but will be subject to the Freedom of InfoTmation and Protection of Privacy Act (FOIPPA) and EBR. If you do not claim
confidentiality at the time of submitting the information, the Ministry may make the information available 10 the public without further notice to you.
6. If the applicant submits with the application a copy of their Master Business licence (MBl) obtained from the Ministry of Consumer Business Services, the shaded sections
within this form do not need to be completed (provided the information required appears on the face of the MBl). For addilional information on the MBl please refer to the
uidance material.
1. Ilcant Infonnatlon Owner of workslfacili
Appficant Name{legai t'lame'oflncrlViduator~ as evldlNlced bf.'1egaJ doctJmenM Business Identification Numbe~
Miller Waste Systems '
euslne~ NamEf.(lheriam6uncier which the,ntity.!fdperati"goitr8dingitdi~frQtiltJ!e AppIici;rd:NiNnB -~ refen'ed to$$ tradeiiame)
Applicant Type:
181 Corporation
o Individual
o PalInersblp
o SoleProprIetor
o
o
o
o
fedetai qovern~t
Mun_ Government
:...:\..'.'....:>.:.::'::....:..'...... -."
~-""";l
other r-J:
Activity ClassifICation Code/Standard Industrial Classification
Code (if unlalown pJailSff complete Business Activity 08scnption)
NAICS - 562111
Business Activity Description (a narrative description of the business endeavour. this may include products sold, services provided or machinery/equipment used, etc.)
Organic Material Composting and Wood Waste Processing Facility
_.__._~~.~._.._.- -
2. A IIcant Ph sicai Address - Com lete A C and D or 8, C and 0
A. CivK: Address- Street information (appIi9s to4tl addt'esa UJar.DaS cJvic numbeMg and shet inlotmatlon incllides stnfflt numbe1. name, type and dirediooJ
8050 Woodbine Avenue, Markham, ON
B_ Survey Address (used for a rural Jocalion specmed for a subdivided township, an unsubdivided township or unsurveyed territory)
Lot and Cone.: used to indicate location >Mlhin a subdIvided Part and Referance: used to Indica!e Iocallon within an unsubdivided township or unsUlveyed territory, and
townshIp and consists of a lot number and a concession number consists of a part and a reference plan number indicating the location within that plan. Attach copy of the plan
lot Cone. Part Reference Plan
Unit Identifl6r (lden/ifles type of undo
such as swfe & numbar)
C. Municipalil)'lUnorganized Township
CounlylDistricl
Province/State
Country
Canada
Postal Corle
~3R 2N8
Markham I
D TfJlephone Number (Including area code & extension)
905-475-6397
ON
Fax Number (Including area code)
905-475-6396
E-mail Address
I DerekC@:lmillerQroup,ca
'''I:I(IL'')~lr."", J d.l
I'IIL41"I,
3. Applicant Mailing Address: Complete A and C or Band C
l A CiVic Address. Street infonnation (includes street number, name, type snd direction)
I
,
I
I
~ Same as Applicant Physical Address
Unit tdeotirtElr (identifies type of unit. ~uch~;-
SUitfl & numbliK)
8. Delivery Designator:
o Rural Route 0 . Suburban Service
o Mobile Route
o General Delivery
Delivery identifier (a numb6r i$nrffylnr; a Rurltl ROllr",.
Suburban S8Mce or Mobde Rou!a deJively modtJ)
c. Municipality
Postal Station
ProvinceJ$tate
Country
Postal Code
4. Site Information - (location where activitY;lWOrk~a 'P!J....ed for is to take lace - not a
Site Name MOE District Office
ClarinQton Compost Facility York / Durham
Site Address - Street information lapplies to an address Ihal has civic numbering ami street 0 Same as Applicant Physical Address
informalion - inCludes slmal number. name. type imd direction)
181 No
Unit Identifier (Jdentifies type cfumt.<uch ,IS
suite & number)
1848 Baseline Road
Survey Address (used for a rum/location specified for a subdivided township. an unsubdivided township or unsurveyed territory;
lot and Cone.: used to indicate location within a subdivided
township and consists of a lot number and a cDflcession number
Lot Cone.
Part and Reference: used to indicate location within an unsubdivided township or unsurveyed territory, and
consists of a part and a reference plan number indicating the location within that plan. Attach copy of the plan
Part Reference Plan
27
1
Non Address Information (includes any addiUonaf information to clarify applicants' physical location)
North of Baseline Road West of Hancock Road
Map Datum
Zone
Accuracy Estimate
Municipality/Unorganized Township
ClarinQton Compost Facility
County/District
Durham Region
UTM Easting
UTM Northing
Postal Code
Adjacent land Use
~ Industrial
o Agricultural
o Commercial
o Recreational
o
o
Residential
Oll1er(specify), Environmental Protection
Is the Sita located in an area of development control as defined by the Niagara Escarpment Planning & Development Act (NEPDA)?
o Yes (If yes, attach copy of NEPOA pennit for proposed activitylwork)
181 No
Is the Site located on the Oak Ridges Moraine ConsetVation Area as defined by the Oak Ridges Moraine Conservation Plan (ORMCP, a regUlation made under the Oak Ridges
Moraine Conservation Act (ORMCA)?
o Yes (if yes, please attach proof of Municipal planning approval for the proposed activitylwork)
181 No
Is the Applicant the operating authority?
181 Ye,
ONo
Is the Applicant the owner of the land (site)?
181 Yes
o No
If No, attach the operating authority name, address and phone number
If No, attach the owner's name, address and consent for the installation and operation of the facilities
5. Pro eel Technical Information Contact - Com lete A, B, D and E or A, C, D, and E
A. Name Company
Catherine Dowling
B. Civic Address - Street information (incilJdisstreet'~liimber, /lame. type and direction)
o Same as Applicant Name
Gartner Lee Limited
o Same as Applicant Physical Address
Unit Identifier (identifies type of unit.sllch a~
!';uite& nlJmbprl
300 Town Centre Boulevard
C. Delivery Designator:
o Rural Route
o Suburban SelVice
o Mobile Route
o General Delivery
I Suite 300
Delivery Identifier {.. number iJentifying 'l Rural ROllle,
SUburban Se{1,-lGe ()r MotiJ€ R()[lt.. delivery mode)
O. Municipality
Postal Station
ProvinceJState
Country
Postal Code
Markham
ON
Canada
L3R 5Z6
E. Tr<lephone Number /includmg awa code & extension)
Fax Number (induding area codo)
905-477-8400 ext. 287
905-477-1456
E-mail Address
I cdowlinQ@gartnerlee.com
1(,111 j i/1I4) 1'.It.", ~ "r4
6'~~:;i:;;':':~~~::~"-_~P~A~~d~e~~ e"IT.,t Certm:~e 01 APPW~J:~'e~1 cerur'coI~ol Appw," No:e, __~~J~'~:~"O-:'~~_-=~-
Pr~ject Description Summary (If EBR is applicable, this summary wIll be used in the EBR posting notice) .
Outdoor Window leaf and yard material composting, curing of compo~tmateri~'-!9_m in-vesse~ comE~s!'~g_
faCility, composting of sele(~.QC&I~rg,in'ics wlt~ leaf and yard m~~!i~~nd wood waste proces~ing.____
-P~Ject~me (ProiectidentJfierto---;eus;d-a-;;;fe(~ce in co;;spondence)
Clarington Compost~~.cilitv... __. _....__.._.._____
---~ Project Schedule
Estimated dale for start of construction/installation (yyyy:mmldd) Estimaled date for start of operation (yyyylmrnldd)
November 2005 _____ m__~ I June 200~_
7. Facilitv Descrintion finformation on the nature of business or activity at this site) ~-~~i~~~~r~~ego" -------~
Present Land Use I Present Official Plan Designation
Agriculture .- General Agriculture
Maximum daily amounts of waste which may be recei....ed at the site (attach a description of each, including theIr source)
Waste Tonnes Cubic: MetreS .....
Liquid Industrial
-
Non+hazardous Solid Domestic,
Commercial, Institutional or Industrial -.--
Hazardous
Other Org. 4,200 tonnes/week
Waste Class Names I Waste Class Codes
Days and Hours of Operation Population Served
7 am - 7 pm, 7 days/week
Names of all municipalities to be served by this site Total Area of Site (hectares)
All Ontario 24.3 ha
Type of Facility/Operation (complete air appropriat& sections):
D Landtia D Transfer ~ Processing D Incinerator D Other (describe)"
.a/iiffllS.. "'*""-' ,
Area to be Land tilled (hectams) I Maximum estimated site land filling capacity (CUbic metres) I Estimated Date of Closure (y/mld)
Control Types I MOIlitoring
Trans "'"
Maximum StOf"age Capacity tonnes litres cubic metres
L 2,000 I I
Maximum Residual WaSte for Final Disposal I tonnesfday litresJday cubic melres/day
199 I I --
List aU disposal sites and site certificate numbers" for final disposal
Approved disposal facilities for mixed waste and contaminated wood waste
.,. I. cIlenitor S
Maximum Storage Capacity tonnes Iitres cubic melres
-- I I ._~
Maximum Feed Rate J__~ List alt disposal sites -and site certiftcate numbers for final disposal of residue
tonnes/day cubic metres/day
.~ ----_._--_.._._...--~_._.._._---~---_..~ ---_.~------
8Lj~~hU.e.~h~~~:::n~a~:~~:valSJ pemlits applied for"relaifidio thiS-p"rOject or r-eceived in relation 10 thjSPrOIedU.".' Cieiihe EnViron...m..- ntalP rotecbonAc~1 (diSCharges to -ai-'-'-.W^8s:]e
management, ete) and the Ontano Water Resources Act (water and sewage worils).
On!ario Water Resource~ A~ (concurr,:,~t withPh~~e 2 of storm\iVater:.manaJlemel"l!pl~.r1_imJJ.lem_~t,lti9_r1>'_ _~__u~_
_-_:~- _==_~ -~--==~=_=-n=_:===~~~=_ -_~~~~_ _.m~~~~~__=~-=~.____~____-_--==-= =_ . ~___ _ = j
~':. PublicC~.!!sultationJ~~~ificati~!I____~__~__~____~_________,~"_ ____~_ __.____ _ .________. _ ~___
~:.m~.tl~I.:. ~Pu.bli.e e.on. ,"ual'OninOltiCOho.n. (so eh as po. fiCo hea nogs, noMeaMn of F'''''.Na''ons. eleJ ",'aled to t.he p.WJeCI Ih,' h'.'. been comPle.ted '" ". 'nthe.p,". ce'. '-0'be,n9.' .1'
Pre-submission consultation with York Durham Office of MOE
pu.6TIc _lv1eetmg regardfrig Reglomii Officia[PlanAmencfmeiif,TocaTofficial Pian Amendmentand - re~zomng------ ...
~~:~:~ O\iV~~=otifi~!~n __ ===~~~=--==-_-=u=~_~=--=_~-=___==-~____.=_ =:_-- -=:~=-~'-=--==~=~J
161 J 111iD~J f'a~'" J ,,(.1
1_0_~__Envir~nmental!t-.!!!!!.f~i9hts~!9ulre~~ts _ __ __ __ _ _ ___ __ _0_ __
[IS IhlS a proposal for a r If "Yes . IS It exec ted fr~~Tf IllS excepted from publIC pdnlupahon pro~lde reason
Ples'_rlbed Instrument POD
ond" EBRo pob'" part",pal,on? Eqo"alenl Pobl" Part<lpallon Enwonmen"'" 'n,ige",oan' '<mendmoc' ,n RhG'oMO
_ ~_~~ _ D__N~ J 0 ~~~__~ ~ _O___E~!~~~_ _______~___E~_~T_~b~~~l~~CI~I(.)~____~___ _ --
_1~_~_ E~~~~~nta!.AssessmentAct (EM) Require~_en~_________________ __.. ______.___.._____
! 181 The wortl.s are nol sub;ect to E,AA for the reason specified below
I Residual waste to disposal less than 199 tonnes/day
t D--'~he wo~~ are pmreed",_ in a''';;'a~ce w"";'" En;imnm~ntal A'~...menl P;~ce" APP''';.;,-N'';''-~~~'~~d~~io':~ d -~ -- - -- - - _=C_- - -~
L____ __-=- __ --:-:.-=::=-...=----===-==-...=-=----==-:=--:=:=.:-::=-:=-=-~..::----
Drainage Study
Supporting Information Checklist - This is a list of all supporting information to this application and IS subject to the F01PPA and EBR
SuPPOftinatnionnation - ----r- Attached -. _.~_.._.- R......nce--d_. ~----~-.=~~~~--L-C~~.~_dISC~OS8d--
_ General _ __ _______
~ ::: ~ ~~----~-------- _ _d
-- ------- ---------
o (e, 181 No
- ---------- ------ ----- -- - -- ---
181 (e' 0 No
- ---~-~----------_._- ---~ ----
o (e, 0 No
DYe, Qg No
181 Ye, 0 No
Technical
181 Yes 0 No
181 (es 0 No
181 (e, 0 No
181 Ye, 0 No
181 Ye, 0 No
181 Ye, 0 No
,
1
,
-i~ ~:~-8 ~:j
--- .u_ - - D-~;s 0 No -;
_ ~ -;-0-,--=-0 -NO i
~D Ye, 0 No I
---~ ~ :::-8 :;-1
---- --- 1
- _d -- T~y~~-TJNO-i
---- 181 Ye, tJNO-'
--- ----------
181 Ye, 0 N,,_
_~__~___ __181 Ye, 0 N~
DYe, 181 No
-----_-_~~=:= __-=-181 ~..~.:'o_
12.
--
Proof of Legal Name of Applicant
Copy of NEPDA Permit
Copy of Municipal Planning Approval iORMCA)
---
Name, Address 8lld Phone Number of the Operating Authority
Name~Xddressand OOnsenlOt'-ianCiisiteawner foe the
installation/construction 8lld onoo.ralion of the workslfacili'"
Verification of EBR PubUc Participation Exception
Proof of Public ConsulationINotification
1-----
Site Plan/Location Map
Hydrogeok>cial Assessment Report
Design and Operations Report
Financial Assurance
f- ---------
Other Attached InformatiOO
13. Payment Infonnatlon
I Amount Enolo,'" $ 5,000
Method of Payment
(8) Certified Cheque 0
--------.------. -- ----------1
Please attach camp/lilted "Costs for EPA s_27 Applications - Supplement to Application for Approval (PISS 4186) !
Credit Card In'ormation fif paying by VISA, MasterCard or American Express}.
Name an Card (please print) Credit Card Number
I
Expuy Date (mlYl
L__~
---OJ
I
,
I
I
I
I
I
---- --- --~J'
-- -----~--~--
Maney Order
o
VISA
o
MasterC8l"d
o
American Express
~---
Cardholder Signature
Date (y/mld)
~
"NOTE: credit cafd accepted for payments UNDER $10,000.00 only
14. Statement of Applicant
I. the unctemgnld hereby declare that, to the be8tof my knOWledge. the I1formation contained henm and the Inf<JrnlatkJn submitted in support ofthla applicalion 15 complete and
acctI"ate In every way anctthal.the Project Technicallnfol'lllllUon Contad Identified ~ aecliOfI5 oflhis form is.euthariZecI to ad on my behall' for the purpoH aI obtaining approval
under SectIon 'l1-oftne EPA for the waste c1l$posaI site ldenUIied herein.
Name (please print) Title
,~a"'~~-------:x~';'.::u- S~ i~6;--n-- -
__ ~..d,A ~ ------- -p-- - ---- --if--~ _l - ~----
//
----1
,
I
I
_J
,
I
_I
1'-i-,(IL-l.-f;I''''-','-lA4
Page 61
SCHEDULE "U"
THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been
authorized and approved by By-law No. 2006-211 of The Corporation of the Municipality
of Clarington, enacted and passed the 16th day of October, 2006.
Terms of Reference
Miller Compost Facility
Community Relations Committee
1. BACKGROUND
In June 2006, Miller Waste Systems--iflG, ("Miller Waste") at the request of the Municipality
of Clarington, agreed to carry on an ongoing dialogue with residents, other business
operations and affected agencies that have an interest or are in proximity to the compost
facility operated by Miller Waste at Hancock and Baseline Roads.
2. PURPOSE
The purpose of the Community Relations Committee is to build a relationship and create
an opportunity for open dialogue between the community and the Miller Waste compost
facility operation.
3. MANDATE
The Committee will share information and discuss various issues of concern to local
residents and businesses related to the composting operation. The discussions will focus
on finding viable solutions to problems which recognize the rights of Miller Waste
Systems, residents and other businesses as legitimate land uses. The types of issues
anticipated to be discussed by the Committee include, but are not limited to, any impacts
from the compost operation upon neighbouring properties which may include noise, dust,
odours and site operations. In addition, Miller Waste will keep the Community Relations
Committee apprised of the ongoing management of the woodlot.
The Committee may review but cannot comment on, on behalf of the Municipality,
applications made by Miller Waste related to the operation of the compost facility,
including but not limited to, applications made pursuant to the Planning Act, the Lakes
and Rivers Improvement Act, the Conservation Authorities Act, the Fisheries Act, and the
Environmental Protection Act.
4. MEMBERSHIP & STRUCTURE
The Community Relations Committee shall generally be comprised of the following
membership:
· two resident representatives from the local area
· two business representatives from the local area
· three representatives from Miller Waste
· one representative from the Municipality of Clarington Planning Services
Department
· one representative from the Municipality of Clarington Engineering Services
Department
· one representative from Central Lake Ontario Conservation.
Page 62
Committee members representing local residential and business communities shall be
selected by the Director of Planning Services, in consultation with Miller Waste. The
Committee, at its discretion, may augment its membership from time to time by including
other agencies and/or individuals.
The Committee shall be co-chaired by one member from Miller Waste and one member
from the local area.
The Committee, at its discretion, may rotate its membership from time to time. The
Committee shall inform the Municipal Clerk of any new members.
Members of the Committee shall serve on a volunteer basis and shall receive no
monetary compensation for their participation.
5. ADMINISTRATION
Meetings shall be held no less than four times a year for the first two years of operation.
After the first two years, the schedule of meetings and the need for the Commillee to
meet shall be reviewed by the Committee members on an annual basis.
Minutes of meetings shall be recorded. Miller Waste Systems shall be responsible for
administrative matters related to the Committee, including scheduling meetings and
recording and distributing the minutes of meetings. Meetings shall be held at the
Clarington Municipal Administrative Centre in Bowmanville. The responsibilities imposed
upon Miller Waste will not extend to oblige Miller Waste to pay any expenses incurred by
the Commillee.
6. REPORTING TO COUNCIL
The Minutes of meetings shall be distributed to Committee members. The Co-chairs shall
appear before Council to inform them of the Commillee's progress on an annual basis.