HomeMy WebLinkAbout2007-146
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-146
being a by-law to authorize the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute a Subdivision/Consent
Agreement between the Municipality, Players Business Park Ltd., West
Diamond Properties Inc. and the Royal Bank of Canada
WHEREAS Council has approved the recommendations contained in Report #PSD-
088-07 at its meeting on June 25,2007; and,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. THAT the Mayor and the Municipal Clerk are authorized on behalf of the
Municipality of Clarington to execute a Subdivision/Consent Agreement between
the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and
the Royal Bank of Canada substantially in the form of the draft
Subdivision/Consent Agreement contained in Attachment 7 to Report #PSD-088-
07.
By-Law read a first time this
25th
day of
June
2007
By-Law read a second time this
25th
day of
June
2007
By-Law read a third time and finally passed this 25th day of
June
2007
Ji9h~
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,.'V'll . ~
unicipal Clerk
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SUBDIVISION/CONSENT AGREEMENT
THIS SUBDIVISION/CONSENT AGREEMENT made as of the 25th day of June,
2007.
BET WEE N:
PLAYERS BUSINESS PARK LTD. and
WEST DIAMOND PROPERTIES INC.
(hereinafter collectively called "Players/West Diamond")
OF THE FIRST PART
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
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ROYAL BANK OF CANADA
(hereinafter called the "Mortgagee")
OF THE THIRD PART
WHEREAS:
A. Players/West Diamond, 1613881 Ontario Inc. and the Municipality entered into
Principles of Understanding dated March 1, 2006 which are registered as Instrument No.
DR495847 in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land
Registry Office"). These were amended by the First Principles of Understanding Amendment
Agreement dated June 25, 2007 and registered in the Land Registry Office as Instrument No.
DR . The Principles of Understanding as so amended are referred to in this
Subdivision/Consent Agreement as the "Players/West Diamond Principles".
B. The lands to which this Subdivision/Consent Agreement applies are more particularly
described in Schedule "A" hereto ("Players/West Diamond Lands").
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C. Players/West Diamond represents and warrants that it is the registered owner in fee
simple of the Players/West Diamond Lands subject to a mortgage or charge registered in favour
of the Mortgagee as Instrument No. DR265437 ("Mortgage") in the Land Registry Office for the
Land Titles Division of Durham (No. 40) ("Land Registry Office"). The Mortgagee has agreed
to postpone its rights under the Mortgage to the right of the Municipality under the Players/West
Diamond Principles, the Stevens Road Extension Agreement and this Subdivision/Consent
Agreement.
D. On , 2007, the Regional Municipality of Durham's Land Division
Committee under File Numbers LD 124/2007, LD 125/2007, LD 126.2007, LD 127/2007, LD
128/2007, LD 129/2007, LD 130/2007 and LD 131/2007 gave its provisional consent
("Provisional Consent") under section 53 of the Planning Act, R.S.O. 1990, c.P.!3, as amended,
to among other consents to proposed transfers of portions of the Players/West Diamond Lands,
the transfer by Players/West Diamond of the portion of the Players/West Diamond Lands which
are more particularly described in Schedule "B" hereto as "Severed Lands-West Parcel" and
"Severed Lands-East Parcel". The Provisional Consent is subject to certain conditions including
the making of this Subdivision/Consent Agreement. A copy of the Provisional Consent is
contained in Schedule "c" hereto.
E. Following satisfaction of the conditions to the Provisional Consent and the issuance of a
certificate that the consent has been given pursuant to subsection 53(42) of the Planning Act,
Players/West Diamond intend to transfer the Severed Lands-West Parcel and the Severed Lands-
East Parcel for development thereon of large format retail stores on each of them in accordance
with the Municipality's Official Plan Amendment No. 44 and Zoning By-law Amendment 2006-
047.
F. A copy of the concept plan for development of the Players/West Diamond Lands is
contained in Schedule "c" of the Players/West Diamond Principles. It is referred to hereinafter
in this Subdivision/Consent Agreement as the "Concept Plan for Development". The Concept
Plan for Development was endorsed in principle by the Municipality's Council's Resolution #C-
113-06 passed at its special meeting on March 1, 2006. A copy of Resolution #C-113-06 is
contained in Schedule "D" of the Players/West Diamond Principles.
G. The Stevens Road Extension Agreement dated March 1, 2006 has been executed by the
Municipality, Halloway Holdings Limited, Players Business Park Ltd. and West Diamond
Properties Inc. A copy of it is contained in Schedule "H" of the Players/West Diamond
Principles.
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H. Players/West Diamond has agreed to transfer (1) Parts 18,25,26,27 and 45 on Reference
Plan 40R-24933 to the Municipality for the purpose of widening Green Road; (2) Part 4 on Plan
40R-24933 for the purpose of Boswell Drive north of Durham Highway 2; (3) Blocks 96 and 97
on Plan 40M-1904 for the purpose of Boswell Drive south of Regional Highway 2; and (4) Part 5
on Plan 40R-24933 for the purpose of establishing a 0.3 metre reserve on the westerly side of the
Boswell Drive right-of-way north of Regional Highway 2, all as provided below in this
Subdivision/Consent Agreement.
1. This Subdivision/Consent Agreement is made pursuant to subsection 53(12) of the
Planning Act, R.S.O. 1990, c.P.13, as amended.
J. The execution of this Subdivision/Consent Agreement by the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington is authorized by By-law 2007-146 passed by
the Municipality's Council at its meeting on June 25, 2007.
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the
other Parties as follows:
REclT ALS AND SCHEDULES
1.
(a)
Each of Recitals B, D to H and Schedules "A" to "K" are hereby incorporated into
the operative part of this Subdivision/Consent Agreement and each shall be
construed and given the same effect as covenants contained in this
Subdivision/Consent Agreement.
(b) In this Subdivision/Consent Agreement, unless otherwise provided the term
"Director" means the Municipality's Director of Engineering Services.
LANDS TO BE TRANSFERRED TO MUNICIPALITY FOR THE PORTION OF BOSWELL DRIVE.
INTERSECTION IMPROVEMENTS A 0.3 METRE RESERVE ON BOSWELL DRIVE AND THE
WIDENING OF GREEN ROAD
2. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall transfer or cause to be transferred to the Municipality for a
nominal consideration the lands more particularly described as Parts 4, 5, 18, 25, 26, 27
and 45 on Reference Plan 40R-24933 in fee simple free and clear of encumbrances and
restrictions, except that Players/West Diamond may reserve from Part 4 on Plan 40R-
24933 an easement or a right in the nature of an easement for access to and egress from
the Players/West Diamond Lands, and Durham Highway 2 which easement or right shall
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terminate automatically when the Municipality establishes the section of Boswell Drive
to be located on Part 4 on Plan 40R-24933 as a public highway pursuant to the Municipal
Act, 2001, as amended. On or prior to the execution of this Subdivision/Consent
Agreement by the Municipality, Players/West Diamond also shall transfer to the
Municipality for a nominal consideration Blocks 96 and 97 on registered Plan of
Subdivision 40M-1904 free and clear of encumbrances and restrictions. The transfers
shall be in a form satisfactory to the Municipality's Solicitor. They shall be registered on
title at the cost of Players/West Diamond including the payment of any Land Transfer
Tax and the payment to the Municipality of its reasonable legal costs.
DRAINAGE. EROSION CONTROL. GRADING. LANDSCAPING AND
SERVICING OF PLAYERS/WEST DIAMOND LANDS
3. Players/West Diamond at its cost shall undertake, complete and maintain the grading,
construction and installation of the services, works and landscaping required to be
implemented in accordance with the following plans and drawings as finally approved by
and on file with the Director and the Municipality's Director of Planning Services:
Drawing Title Drawing Dated Last Prepared By
No. Revision
Date
General Notes G-1 0 1 October February 16, Semas Associates
2006 2007
Overall Site Servicing SS-lOl October February 16, Semas Associates
Plan 2006 2007
Legends and S-l 0 1 January February 16, Semas Associates
Abbreviations 2004 2007
Easement: From Green S-106 November February 16, Semas Associates
Rd to 225 m west of 2006 2007
Green Rd
Easement: From 225 m S-107 November February 16, Semas Associates
west of Green rd to 2006 2007
Boswell Dr
Overall Sanitary G-102A October February 16, Semas Associates
Drainage Plan 2006 2007
Overall Storm Drainage G-102B October February 16, Semas Associates
Plan 2006 2007
Temporary Erosion & ERS-10l October February 16, Semas Associates
Sediment Control Plan 2006 2007
Site Grading Plan SG-l 0 1 October February 16, Semas Associates
2006 2007
Landscape Plan L-1 March 21, TerraPlan Landscape
2005 Architects
Landscape Plan L-2 March 21, TerraPlan Landscape
2005 Architects
BOSWELL DRIVE WORKS
4.
(a)
Schedules "D" to "I" inclusive apply in respect of the Boswell Drive Works and
the Security for the Maintenance Guarantee for the Boswell Drive Works. The
Boswell Drive Works are more particularly described in Schedule "D" hereto.
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(b) Players/West Diamond shall undertake, complete and maintain the Boswell Drive
Works at its cost in accordance with Schedule "E" hereto. On or before the
execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall deposit cash or an irrevocable unconditional letter of
credit with the Municipality in the amount shown in the "Boswell Drive Works
Cost Estimate" contained in Schedule "J" hereto as the performance guarantee
("Boswell Drive Works Performance Guarantee") required by Schedule "F"
hereto.
(c) No large format retail store shall be occupied for the purpose of conducting retail
sales on any portion of the Players/West Diamond Lands until the Director gives
Players/West Diamond notice that the construction and installation of the Boswell
Drive Works with the exception of the top course of asphalt and landscaping have
been completed to his satisfaction.
(d) None of the provisions of paragraph 4(c) shall be deemed to prohibit the
occupation of a large format retail store on any portion of the Players/West
Diamond Lands only for the purposes of stocking it with merchandise and the
training of staff.
DURHAM HIGHWAY 2 LANDSCAPING AND STREETSCAPING
5. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall pay to the Municipality the sum of Three Hundred and Five
Thousand ($305,000.00) Dollars for use by the Municipality in constructing and
installing landscaping and streetscaping works on Durham Highway 2 between Boswell
Drive and Green Road.
STEVENS ROAD EXTENSION
6.
(a)
Players/West Diamond agree with the Municipality that the Developer-Funded
section of the Stevens Road Extension as defined and provided for in the Stevens
Road Extension Agreement is a local service within the meaning of section 59 of
the Development Charges Act, 1997, S.O. 1997, c.27, as amended.
(b) Players/West Diamond acknowledge that the "Urban Profile Works" on the
"Developer-Funded Section" of the Stevens Road Extension as both terms are
described and defined in the Stevens Road Extension Agreement will be designed
and constructed on the aforesaid Developer-Funded Section. The Municipality
acknowledges that Players/West Diamond has deposited with the Municipality the
"Performance Guarantee" (as defined in the Stevens Road Extension Agreement)
to secure its obligation to pay for fifty (50%) per cent of the cost of the aforesaid
Urban Profile Works as is required by and in accordance with the Stevens Road
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Extension Agreement. The terms "Urban Profile Works" and "Developer-Funded
Section" have the same meaning as they have in the Stevens Road Extension
Agreement.
PRIVATE ROADS A. 81 AND 82
7.
(a)
Private Roads A, Bland B2 are shown on the Concept Plan for Development.
The lands which comprise Private Road A are more particularly described as Parts
8, 9, 11, 12, 13, 14, 29, 30, 32 and 33 on Plan 40R-24933 The lands which
comprise Private Road Blare more particularly described as Parts 2, 34 and 40
on Plan 40R-24933 _' The lands which comprise Private Road B2 are more
particularly described as Parts 20,23 and 38 on Plan 40R-24933.
(b) Players/West Diamond shall construct at its cost the "Private Roads A, Bland B2
Improvements" (as hereinafter defined) shown on the Concept Plan for
Development in accordance with the construction drawings, specifications, cross-
sections and streetscaping improvements including lighting all as contained in
Schedule "F" of the Players/West Diamond Principles of Understanding As
Amended ("Private Roads A, Bland B2 Improvements") in accordance with the
applicable Private Roads A, Bland B2 Improvements, Construction, Completion
Schedule contained in paragraph 7(f), to the satisfaction of the Director. The
parties agree that any of the aforementioned drawings, cross-sections and
specifications may be revised in an agreement between Players/West Diamond
and the Municipality made pursuant to section 41 of the Planning Act without
amendment being made to this Subdivision/Consent Agreement.
(c) Players/West Diamond at its cost will keep the Private Roads A, Bland B2
Improvements after they have been constructed in a proper state of repair and
maintain it in a reasonable and proper manner, provided that Players/West
Diamond's duty to do so shall terminate on the day on which the Municipality
exercises its option to purchase Private Roads A, Bland B2 in accordance with
paragraph 7(b) of the Players/West Diamond Principles, and provided further that
Players/West Diamond shall remain responsible for the cost of the rectification of
all deficiencies that have been identified prior to the day on which the aforesaid
option to purchase is exercised in a written notice given by the Director to
Players/West Diamond, pursuant to paragraph 7(e) of this Subdivision/Consent
Agreement. Paragraph 7(e) shall apply with all necessary changes to it being
assumed to have been made to give effect to this paragraph 7(c).
(d) Players/West Diamond hereby permits the Municipality, its employees,
contractors and agents to enter on and to inspect the state of repair and the
maintenance of the Private Roads A, Bl and B2 Improvements from time to time.
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(e) If any deficiency in the repair or maintenance of the Private Road A, B1 and B2
Improvements is identified by the Director, he shall forthwith give written notice
of the same to Players/West Diamond requiring the rectification of such
deficiency by a date specified in the written notice. If Players/West Diamond fail
to rectify the deficiency on or before the date specified in the written notice, the
Municipality, its employees, contractors and agents may enter on Private Roads
A, B I and B2, as the case may be, and cause the deficiency identified in the
aforesaid written notice to be rectified at the expense of Players/West Diamond.
Forthwith after rectifying the deficiency, the Director shall give written notice to
Players/West Diamond of the cost of rectifying it shall include an allowance of
thirty (30%) per cent to be paid to the Municipality for its overhead expenses.
Forthwith after being given written notice of the cost of rectifying the deficiency
as aforesaid, Players/West Diamond shall pay the amount in question as a debt
owed by Players/West Diamond to the Municipality.
(f) The Private Roads A, Bland B2 Improvements shall be constructed and
completed by Players/West Diamond in accordance with the applicable
Construction and Completion Schedule set out below:
Private Roads A. HI and H2 Improvements-Construction and Completion Schedule
Private Road" A" Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
8,11,30, and 33 Full pavement width, final Not Applicable
asphalt coat, full curbing,
and landscaping and
streetscaping all completed
in accordance with Principles
of Understanding in
conjunction with the
construction of a building on
Part 1 on Plan 40R-24933
9, 12,29, and 32 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding in connection
Understanding in with the construction of a
conjunction with the building on Parts 21,39 and
construction of a building on 44 on Plan 40R-24933
Part 1 on Plan 40R-24933
West Side of 13 and 14 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding as part of the
Understanding in construction of Building "e"
conjunction with the located within Part 1 0 of
construction of a building on Reference Plan 40R-24933
Part 1 on Plan 40R-24933
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East Side of 13 and 14 Full pavement width, final All landscaping and
asphalt coat, and full curbing streetscaping completed in
all completed in accordance accordance with Principles of
with Principles of Understanding as part of the
Understanding in construction of Building "E"
conjunction with the located within Part 15 of
construction of a building on Reference Plan 40R-24933
Part 1 on Plan 40R-24933
Private Road 81 Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
2, 34, and 40 Full pavement width, Not Applicable
final asphalt coat, full
curbing, and landscaping
and streetscaping all
completed in accordance
with Principles of
Understanding in
conjunction with the
construction of a building
on Part 1 on Plan 40R-
24933
Private Road 82 Improvements
Part Numbers on Phase 1 Works Final Construction Works
Reference Plan 40R-
24933
20, 23, and 38 Base asphalt and full aisle Full pavement width, final
width to a width of 9 asphalt coat, full curbing, and
metres in conjunction landscaping and streetscaping all
with the construction of a completed in accordance with
building on Part 1 on Plan Principles of Understanding in
40R-24933 conjunction with the
construction of a building on
Parts 21,39 and 44 on Plan
40R-24933
The Phase I Works which compnse part of the Private Roads A, Bland B2
Improvements, subject to the provisions of subparagraph 7(g), shall be completed before
any building located on the Players/West Diamond Lands is occupied for the purpose of
conducting retail sales therein.
(g) Where paragraph 7(f) provides that Private Roads A, Bl and B2 Improvements
are to be undertaken in conjunction with the construction of a building, such
Private Roads A, Bland B2 Improvements shall be commenced and constructed
in accordance with the conditions of Site Plan Approval and the Site Plan
Agreement respecting such building, and shall be completed to the satisfaction of
the Director of Planning Services prior to the occupancy of such building, except
that any top course of asphalt and any landscaping shall be completed in
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accordance with the timing provided for in the applicable conditions of Site Plan
Approval and Site Plan Agreement. No such building shall be occupied for the
purpose of conducting retail sales therein until the Private Roads A, Bland B2
Improvements required to be completed prior to its occupancy pursuant to
paragraph 7(1) and this paragraph 7(g) have been completed to the satisfaction of
the Director.
(h) Players/West Diamond agree that they shall construct and maintain the Phase I
Works respecting Private Road B2 as set out in paragraph 7(1) to the satisfaction
of the Director in order to provide a temporary road to service the Severed Lands
until such time as a building permit is issued for a large format retail store to be
constructed on Parts 21, 39 and 44 on Plan 40R-24933 in accordance with the
Concept Plan for Development. Players/West Diamond shall commence the
reconstruction of Private Road B2 in order to complete the applicable Private
Road B2 Improvements set out as the Final Construction Works in paragraph 7(1)
in accordance with the conditions of Site Plan Approval and the Site Plan
Agreement for such large format retail store, and shall complete the same prior to
the occupation of the large format retail store on Parts 21, 39 and 44 on Plan 40R-
24933 for the purpose of conducting retail sales to members of the public, except
that the top course of asphalt and landscaping shall be completed in accordance
with the timing provided for in the applicable conditions of Site Plan Approval
and Site Plan Agreement. The Municipality acknowledges and agrees that Private
Road B2 may be closed to use for other than-construction access purposes during
the construction of a large format retail store on Parts 21, 39 and 44 on Plan 40R-
24933 and/or during the aforesaid reconstruction of Private Road B2.
INCORPORATION OF PLAYERSIWEST DIAMOND PRINCIPLES AND STEVENS ROAD EXTENSION
AGREEMENT
8. The Players/West Diamond Principles and the Stevens Road Extension Agreement are
incorporated by reference in their entirety in the operative part of this
Subdivision/Consent Agreement. Each of the Municipality and Players/West Diamond
covenants to observe and perform their respective obligations under the Players/West
Diamond Principles and the Stevens Road Extension Agreement, as each may be
amended, restated, modified, supplemented by them and/or assigned and assumed from
time to time. Notwithstanding the foregoing, the Players/West Diamond Principles, and
the Stevens Road Extension Agreement continue in force and effect and time continues to
be of their essence.
POSTPONEMENT OF MORTGAGE
9. The Mortgagee hereby postpones its rights under the Mortgage registered in the Land
Registry Office as Instrument No. DR265437 to the rights of the Municipality under the
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Players/West Diamond Principles, the Stevens Road Extension Agreement and this
Subdivision/Consent Agreement. The parties acknowledge that the Mortgagee has
executed this Subdivision Agreement only for the purpose of effecting the aforesaid
postponement.
SOLICITOR'S CERTIFICATE REQUIRED
10. On or prior to the execution of this Subdivision/Consent Agreement by the Municipality,
Players/West Diamond shall provide the Municipality with a letter signed by an Ontario
Solicitor and addressed to the Municipality certifying as to the title to the Players/West
Diamond Lands and setting out the names of all persons having an interest in them and
the nature of their interests.
NOTICE
11. 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 Players/West Diamond by this Subdivision/Consent
Agreement, such notice shall be transmitted by telefax, mailed by first class prepaid post
or delivered to:
Players/:
West Diamond
Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fischer
West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4Rl
Attention: Mr. Robert DeGasperis
OR,
Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
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 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
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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.
FORCE MAJEURE
12. In this Subdivision/Consent 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
Player/West Diamond, 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. Player/West Diamond or the Municipality, as
the case may be, shall notify the other parties to this Subdivision/Consent Agreement of
the commencement, duration and consequence (so far as the same is within the
knowledge of Player/West Diamond 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.
ACTING REASONABLY
13. All discretionary decisions by officials of the Municipality referred to in this
Subdivision/Consent Agreement shall be deemed to be qualified by the words "acting
reasonably" .
REIMBURSEMENT OF MUNICIPALITY'S COSTS
14. Players/West Diamond shall pay to the Municipality its reasonable legal costs and
disbursements incurred in preparing, settling and registering on titles the First Principles
of Understanding Amendment Agreement dated June 25, 2007, the Servicing Agreement
between the Municipality, Players/West Diamond, 1613881 Ontario Inc. and Royal Bank
of Canada dated June 25, 2007, this Subdivision/Consent Agreement, the Assumption
Agreement between the Municipality, Players/West Diamond, 1613881 and Royal Bank
of Canada .dated June 25, 2007, the Assumption Agreement between the Municipality,
Players/West Diamond, 1613881 Ontario Inc., and Royal Bank of Canada dated June 25,
2007, the Assumption Agreement between the Municipality, Players/West Diamond,
1613881 Ontario Inc., and 672003 Ontario Limited dated June 25, 2007, Conditions of
Site Plan Approval issued by the Municipality for any development(s) on the
Players/West Diamond Land and Site Plan Agreement(s) made as a condition of Site Plan
Approval( s).
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CHANGES IN NUMBER OR GENDER
15. This Subdivision/Consent Agreement shall be read with all changes of gender or number
required by the context in which the words or figures in question appear.
ENUREMENT
16. This Subdivision/Consent Agreement shall enure to the benefit of and be binding on the
parties hereto, and their respective successors and assigns.
STATUS STATEMENT
17. Within ten (10) days of receiving a written request from Players/West Diamond, the
Municipality shall provide a written statement either confirming that Players/West
Diamond is in good standing and not in default of any provisions of this
Subdivision/Consent Agreement, or setting out the manner and extent to which
Players/West Diamond is in default.
AUTHORITY OF MUNICIPALITY
18. Players/West Diamond acknowledges and agrees that the Municipality has authority to
enter into this Subdivision/Consent Agreement, that every provision hereof is authorized
by the law and fully enforceable by the parties, and that this Subdivision/Consent
Agreement is executed by the Municipality in reliance on the acknowledgement and
agreement of Players/West Diamond as aforesaid.
REGISTRATION OF SUBDIVISION/CONSENT AGREEMENT ON TITLE TO PLAYERS/WEST
DIAMOND LANDS
19. Players/West Diamond hereby consents to the registration of a Notice of this
Subdivision/Consent Agreement on the title to the Players/West Diamond Lands.
TIME OF THE ESSENCE
20. Time is of the essence of this Subdivision/Consent Agreement.
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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:
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) ROYAL BANK OF CANADA
10~~/1~,
) Name: W.8. COLLIER TItle:
) SENIOR ACCOUNT M/.\NAGER
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THE CORPORATION OF THE
MUNICIP ALITY OF CLARINGTON
unicipal Clerk
e have authority to bind the Corporation.
PLAYERS BUSINESS PARK LTD.
Nam : ,N/<.-(,/?rf ~,,"./2.~ Title:~~1
I1We have authority to bind the Corporation
WEST DIAMOND PROPERTIES INC.
Name: v1/-t...t.-o1i'1 /J41;v/C.ru- Title: ~~-vAtT(
I/We have authority to bind the Corporation
N . DEBBIE S
ame. SENIOR ACCOUNT MAdNAGFtrI
I1We have authorIty to bm the C
SCHEDULE "A"
THIS SCHEDULE IS SCHEDULE "A" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington enacted and passed the 25th day of June, 2007.
Description of the PlaverslW est Diamond Lands
The lands and premIses more particularly described as compnsmg Part of Lot 17,
Concession 1, Part of Lot 17, Concession 2 and Part of the Road Allowance between
Concessions 1 and 2 (closed by Instrument No. DNP2377, Geographic Township of Darlington,
Municipality of Clarington, the Regional Municipality of Durham, now shown as Parts 1 to 48,
inclusive, on a plan of survey of record deposited as Instrument No. 40R-24933 in the Land
Registry Office for the Land Titles Division of Durham (No. 40).
SCHEDULE "B"
THIS SCHEDULE IS SCHEDULE "B" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington, enacted and passed the 25th day of June, 2007.
Severed Lands-West Parcel
The lands and premises more particularly described as Parts 1,2,3,7,8, 11,30,31,33,
34,35,36,40,41 and 43 on Plan 40R-24933 registered in the Land Registry Office for the Land
Titles Division of Durham (No. 40).
Severed Lands-East Parcel
The lands and premises more particularly described as Parts 9, 12, 17, 19,20,21,22,23,
24, 28, 29, 32, 37, 38, 39, 43, 44, 46, 47 and 48 on Plan 40R-34933 registered in the Land
Registry Office for the Land Titles Division of Durham (No. 40).
SCHEDULE "C"
THIS SCHEDULE IS SCHEDULE "C" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington, enacted and passed the 25th day of June, 2007.
Provisional Consent of the
Reeion of Durham Land Division Committee
(Insert Provisional Consent)
SCHEDULE "D"
THIS SCHEDULE IS SCHEDULE "D" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington, enacted and passed the 25th day of June, 2007.
Description of
Boswell Drive Works
The Boswell Drive Works are shown on the following drawings as finally approved by
and on file with the Municipality's Director of Engineering Services:
Drawing Title Drawing Dated Last Revision Prepared By
No. Date
General Notes G-I0l October February 16, Semas Associates
2006 2007
Overall Site Servicing SS-lOl October February 16, Semas Associates
Plan 2006 2007
Legends and S-1 0 1 January February 16, Semas Associates
Abbreviations 2004 2007
Boswell Drive: From P-I0l October February 16, Semas Associates
ST A 0+932.066 to ST A 2006 2007
1 +035.000
Boswell Drive: From P-I02 October February 16, Semas Associates
STA 1+0.35.000 to STA 2006 2007
1 +21 0.000
Boswell Drive: From P-I03 October February 16, Semas Associates
STA 1+210.00 to STA 2006 2007
1+366.219
Boswell Drive Pavement PM-lOl August February 16, Semas Associates
Marking Plan 2003 2007
Landscape Plan L-l March 21, June 15,2007 TerraPlan Landscape
2005 Architects Inc.
For clarity, the Boswell Drive Works do not include a sidewalk on the westerly side of the
Boswell Drive right-of-way.
Schedule "E"
Page 1
SCHEDULE "E"
THIS SCHEDULE IS SCHEDULE "E" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
BOSWELL DRIVE WORKS
1. Works Required
(1) Players/West Diamond at its expense shall construct, install, supervIse and
maintain the Boswell Drive 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:
(a) A storm sewer system for the removal of upstream storm water and storm
water originating within the Players/West Diamond Lands, including
storm sewer mains and connections, manholes, service connections, catch-
basins and rear yard catch-basins and leads, open channels, storm outfalls
and structures and any other appurtenances and oversizing as may be
required (the "Storm Sewer System").
(b) A stormwater management system consistent with the "Master Drainage
Plan", complete with overland flow routes, detention and retention
facilities, quality control devices, outlets, erosion and sedimentation
control measures and any other necessary facilities as required (the
"Stormwater Management System").
(c) A road system on the lands described as Part 4 on Plan 40R-24933 and
Blocks 96 and 97 on Registered Plan of Subdivision 40M-1904 which
accommodates the servicing of the Players/West Diamond Lands,
providing for all vehicular and pedestrian traffic, including the removal or
installation of turning circles, and the Works required within the road,
including suitable sub grade, subbase and base granular materials,
sub drains, base and top stage curbs and gutters, base and surface asphalt,
traffic control and street name signs and sidewalks and all streetscape
components including street trees, boulevard topsoil and sodding, street
lighting, gravel driveway aprons, and where sidewalks exist, gravel
driveway aprons with paved surfaces between curb and sidewalk (the
"Road System").
Schedule "E"
Page 2
(d) The above works shall include all urban roadwork components including
sidewalks, curbs, granular material and asphalt pavement, and any
necessary storm and sanitary sewer mains, watermains, connections, street
lighting, street trees, utilities, including oversizing of works and any
temporary or permanent works, transitions, tapers and connections,
fencing, signage, topsoil and sodding and restoration, and any other
related works deemed necessary by the Director. Such works shall be
consistent with the Boswell Drive Works Drawings referred to in Schedule
"D", including any revisions as finally approved by and on file with the
Director.
(e) A street lighting system which provides illumination of roads and
walkways to serve the said Lands including all connections, energy and
maintenance costs, appurtenant apparatus and equipment, in the locations
as approved by the Director (the "Street Lighting System").
(f) Related Works including grading, landscaping, fencing, noise attenuation
measures, walkways (including lighting) and other miscellaneous Works
shown on the Engineering Drawings and Grading and Drainage Plan (the
"Related Works").
PHASING OF THE WORKS
The Works shall be divided into the following stages, unless approved by the
Director:
1.(2) INITIAL WORKS
Storm Sewer System including all appurtenances;
initial roadworks including sub grade, subbase and base granular materials,
subdrains, base curbs, base asphalt, traffic control and street name signs of
the Road System; and
grading (collectively called the "Initial Works").
1.(3) STORMWATER MANAGEMENT SYSTEM
1.(4) STREET LIGHTING SYSTEM
Schedule "E"
Page 3
1.(5) FINAL WORKS
final roadworks including top curbs and gutters, surface asphalt,
sidewalks, street trees, boulevard topsoil and sodding and driveway aprons
of the Road System; and
landscaping works, walkways and any remaining works not outlined in
paragraphs 1.(2), 1.(3) and 1.(4) above.
1.(6) From the date of issuance of an "Authorization to Commence Works" (as
hereafter defined) until the date of issuance of a "Certificate of Acceptance" (also
as hereafter defined) of them Players/West Diamond shall be fully responsible for
the construction and maintenance of the Boswell Drive Works including the cost
thereof in accordance with the provisions of this Subdivision/Consent Agreement.
After the issuance of a Certificate of Acceptance, the Works referred to in such
Certificate shall be the responsibility of the Municipality. Players/West Diamond
shall apply for an Authorization to Commence Works no later than the day on
which an application is made for the issuance of a building permit to construct a
large format retail store on the Players/West Diamond Lands.
2. Players/West Diamond's En2:ineer
At all times until this Subdivision/Consent Agreement is released, Players/West
Diamond shall retain Players/West Diamond's Engineer who shall perform the duties set
out in Schedule "H" to this Subdivision/Consent Agreement. On the execution of this
Subdivision/Consent Agreement and on each occasion on which a new Players/West
Diamond's Engineer is retained, forthwith after retaining Players/West Diamond's
Engineer, Players/West Diamond shall give the Director written notice of the name,
address and telefax number of Players/West Diamond's Engineer. No partnership,
association of persons or corporation shall be retained as Players/West Diamond's
Engineer without the prior written approval of the Director. All notices to be given to
Players/West Diamond's Engineer are properly given if given by personal service, by
telephonic facsimile communication, or first class prepaid post addressed to Players/West
Diamond's Engineer at the address or telefax number provided to the Director pursuant to
this paragraph. Forthwith after the Director gives Players/West Diamond written notice
requiring it to do so, Players/West Diamond shall give the Director written notice
advising him whether or not the approved Players/West Diamond's Engineer continues to
be retained by Players/West Diamond.
Schedule "E"
Page 4
3. Desien of Boswell Drive Works
(1) Players/West Diamond covenants and agrees that the design of the Boswell Drive
Works shall conform with all applicable legislation and the Municipality's Design
Criteria and Standard Detail Drawings. 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) Players/West Diamond shall provide and submit to the Director all necessary
Engineering Drawings for the Boswell Drive Works. Players/West Diamond shall
obtain all approvals for the construction and installation of the Boswell Drive
Works as required by this Subdivision/Consent Agreement.
4. Eneineerine Drawines
(1) Prior to the issuance of any Authorization to Commence Works, Players/West
Diamond shall obtain the written approval of the Director of the original copy of
all drawings of the Boswell Drive Works (the "Engineering Drawings"). If
construction and installation of the Boswell Drive 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 Subdivision/Consent Agreement,
and thereafter all Boswell Drive Works shall be constructed and installed in
accordance with them. Players/West Diamond 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 Boswell
Drive Works which have been prepared by or for Players/West Diamond in
connection with the performance of Players/West Diamond's obligations under
this Subdivision/Consent Agreement. Players/West Diamond acknowledges that
approval of the Engineering Drawings or reports by the Director shall not relieve
Players/West Diamond from its obligation to satisfy all requirements of or made
pursuant to this Subdivision/Consent Agreement.
(2) Prior to the issuance of any Authorization to Commence Works, Players/West
Diamond shall provide the Director without cost to the Municipality Players/West
Diamond's Engineer's (1) written acknowledgement that the Engineering
Drawings 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 supplier to use the specifications,
Schedule "E"
Page 5
data, drawings, records and reports whether completed or in progress of
completion in satisfaction of Players/West Diamond's obligations under the
provisions of this Subdivision/Consent Agreement without cost or prior approval
or permission, and (3) written undertaking to deliver to the Director the original
copy of the Engineering Drawings forthwith after being given written notice by
the Director requiring Players/West Diamond's Engineer to do so, whether or not
Players/West Diamond's Engineer's fees and disbursements in respect of any of
them have been paid. Prior to each occasion on which a new Players/West
Diamond's Engineer is retained by Players/West Diamond and approval of the
Director is sought, Players/West Diamond shall provide the Director with a
similar written acknowledgement and written permission of the new Players/West
Diamond's Engineer, provided that if the new Players/West Diamond's Engineer
is to be retained by the Director on behalf of Players/West Diamond, the Director
shall obtain from the prospective Players/West Diamond's Engineer the aforesaid
written acknowledgement and permission. Forthwith after the Director gives
Players/West Diamond'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 shall be provided to the
Director without cost to the Municipality.
5. Staeine of Construction of Works
Not used
6. Approval of Schedule of Works
Prior to the issuance of any Authorization to Commence Works respecting any of
the Boswell Drive Works, Players/West Diamond shall obtain the written approval of the
Director of a draft schedule (the "Schedule of Works") which sets out the time at which,
and the sequence in which, Players/West Diamond proposes to construct and install the
Boswell Drive Works.
7. Approval of Boswell Drive Works Cost Estimates
The Municipality acknowledges that the Director has approved the "Boswell
Drive Works Cost Estimates" contained in Schedule "I".
8. ReQuirements for Authorization to Commence Works
Players/West Diamond shall not commence the construction or installation of any
of the Boswell Drive Works without the written permission of the Municipality (the
"Authorization to Commence Works"). Players/West Diamond shall only commence the
Schedule "E"
Page 6
..
construction and installation of those Boswell Drive Works permitted by the
Authorization to Commence Works.
9. Inspection and Stop Work
Players/West Diamond shall ensure that every contract that may be made by
Players/West Diamond with any contractor to construct or install any of the Boswell
Drive Works shall provide that employees or representatives of the Municipality may, at
any time, inspect the Boswell Drive Works undertaken by such contractor and shall
require the contractor to comply with stop work orders given by the Director pursuant to
this paragraph 9. The Director may give Players/West Diamond a written order to stop
the construction or installation of any of the Boswell Drive Works that is being
undertaken by giving written notice either to Players/West Diamond or to Players/West
Diamond's Engineer to that effect if in the Director's opinion either (1) the Boswell
Drive Works are not being undertaking such that a completed construction and
installation of all the Boswell Drive Works satisfactory to the Municipality in accordance
with this Subdivision/Consent Agreement will result, or (2) the Performance Guarantee
and the Security for the Maintenance Guarantee required to be provided pursuant to this
Subdivision/Consent Agreement in respect of the Boswell Drive Works has not been
deposited or is not maintained in good standing. Players/West Diamond shall comply
with the stop work order forthwith after it is given by the Director in accordance with this
paragraph 9 by requiring Players/West Diamond's contractor and sub-contractors who are
constructing and installing the Boswell Drive 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 Players/West Diamond by giving to Players/West Diamond's Engineer by
personal service on Players/West Diamond's Engineer or any representative of
Players/West Diamond's Engineer, by prepaid first class post addressed to Players/West
Diamond's Engineer, or by telefax to Players/West Diamond's Engineer at the address
and telefax number referred to in paragraph 2 of this Schedule.
10. Construction in Accordance with Em!ineerinl! Drawinl!s
The Boswell Drive 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 Boswell Drive
Works shall be undertaken and carried out by Players/West Diamond or by Players/West
Diamond's contractor, as the case may be, in accordance with the regulations for
construction set out in Schedule "H" to this Subdivision/Consent Agreement.
Schedule "E"
Page 7
11. Sequence of Construction of Works
Following the issuance of an Authorization to Commence Works, Players/West
Diamond shall proceed in good faith to construct and install all of the Boswell Drive
Works referred to in the Authorization to Commence Works continuously and m
accordance with the timing and sequence therefore set out in the Schedule of Works.
12. Completion Time for Construction of Works
Within twelve (12) months of the date of the issuance of an Authorization to
Commence Works, Players/West Diamond shall complete the construction and
installation of the Boswell Drive Works authorized in such Authorization to Commence
Works.
13. Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in
the opinion of the Director, any incidental work is required to provide for the adequate
operation, functioning and maintenance of any of the Boswell Drive Works, Players/West
Diamond, 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
Players/West Diamond.
14. Incomplete or Faulty Works and Liens
(1) Without derogating from the other provisions of this Subdivision/Consent
Agreement, if, in the opinion of the Director, (1 ) Players/West Diamond is not
constructing and installing or causing to be constructed or installed any of the
Boswell Drive Works required by this Subdivision/Consent Agreement so that it
or they will be completed within the time specified for such completion in the
Schedule of Works, or (2) the Boswell Drive Works or any component(s) thereof
are being improperly constructed or installed, or (3) Players/West Diamond
neglects or abandons the said Boswell Drive Works or any part of them before
completion, or (4) unreasonable delay occurs in the construction or installation of
the Boswell Drive Works, or (5) for any other reason the Boswell Drive Works
are not being constructed or installed properly and promptly and in full
compliance with the provisions of this Subdivision/Consent Agreement, or (6)
Players/West Diamond neglects or refuses to reconstruct or reinstall any of the
Boswell Drive Works or component(s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) Players/West Diamond
otherwise defaults in performance of this Subdivision/Consent Agreement, the
Director may give Players/West Diamond notice in writing of his opinion
Schedule "E"
Page 8
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 Players/West Diamond by the Director, the
Municipality, at the cost and expense of Players/West Diamond, 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 Boswell Drive Works
and all components thereof and the performance of all covenants of Players/West
Diamond relating to the Boswell Drive Works as provided by this
Subdivision/Consent Agreement. In cases of emergency or urgency, or in order to
preserve the integrity of the Boswell Drive Works or any component thereof as
determined by the Director in his absolute discretion, any deficiency(s) or
defect(s) in the Boswell Drive Works, and any failure to complete the Boswell
Drive Works and all components thereof in accordance with this
Subdivision/Consent Agreement may be corrected, remedied or completed by the
Municipality, its contractors, suppliers and employees at the cost of Players/West
Diamond without prior notice to Players/West Diamond, provided that forthwith
after the Municipality so acts, the Director shall give written notice to
Players/West Diamond 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 Boswell Drive Works and the
components thereof, as the case may be. For the purposes of this paragraph 14(1)
the cost of any work which the Municipality undertakes under this paragraph
14(1) shall be determined by the Director in his absolute discretion. It is
understood and agreed by the Parties that the costs for which P1ayers/West
Diamond is responsible under this paragraph 14(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 Boswell Drive Works and all components thereof as the case may
be. Players/West Diamond shall pay the Municipality an amount equal to the cost
of all Boswell Drive Works and components thereof, and the cost of correcting or
remedying all deficiencies and defects referred to in this paragraph 14(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 Players/West Diamond 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 known the Director shall give Players/West Diamond written
notice thereof. If the actual costs are more than the estimated costs, Players/West
Schedule "E"
Page 9
Diamond 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 Players/West
Diamond.
(2) In the event (1) a claim for a lien in respect of the Boswell Drive Works or any
component thereof is registered against the title to any land vested in 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 Players/West Diamond of this
Subdivision/Consent Agreement. In any such case, the Director may notify
Players/West Diamond in writing of such default. If Players/West Diamond fails
to discharge the lien or the claim as the case may be within ten (I 0) 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 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 Boswell Drive Performance Guarantee and hold the cash in a
deposit account of the Municipality as the security for the Boswell Drive
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 14(2). Players/West Diamond shall
indemnify the Municipality against the costs and expense incurred by the
Municipality in making a payment pursuant to this paragraph 14(2) forthwith after
the Director gives Players/West Diamond written notice requiring him to do so. In
the event that the Municipality draws on and appropriate any portion of the
Boswell Drive Performance Guarantee or the Security for the Maintenance
Guarantee for any of the aforesaid purposes, forthwith after the Director gives
written notice to Players/West Diamond requiring it to do so, Players/West
Diamond shall reinstate the Boswell Drive 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 Subdivision/Consent Agreement.
Schedule "E"
Page 10
15. Acknowled2:ement Respectin2: Emer2:encv. etc. Repairs
Players/West Diamond acknowledges that if in cases of emergency or urgency or
in order to protect the integrity of the Boswell Drive Works or any component thereof,
the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Boswell
Drive Works, neither on entry on the Boswell Drive Works 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 Boswell Drive Works by the
Municipality, nor an assumption by the Municipality of any responsibility or liability in
connection therewith, or a release by the Municipality of Players/West Diamond from
any of its obligations under this Subdivision/Consent Agreement.
16. Dama2:e to Existin2: Services
Forthwith after written demand therefore is given by the Director to Players/West
Diamond, Players/W est Diamond 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,
Hydro One 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 construction or installation of any of the
Boswell Drive Works, provided that all such repairs and or relocation(s) are completed to
the satisfaction of the Director, the Region and Hydro One or the relevant utility authority
or company which owns or is responsible for the Boswell Drive Works, property or
services in question.
17. Use of Boswell Drive Works bv Municipalitv
The parties hereto acknowledge and agree that any of the Boswell Drive Works
once constructed may 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 Boswell Drive
Works are designed, without interference by Players/West Diamond, and without the
payment of any fee or compensation to Players/West Diamond, and for such purposes the
Municipality and other person(s) authorized by the Municipality may enter upon the
portion of Players/West Diamond Lands on which any of the Boswell Drive Works are
located. The parties hereto also acknowledge and agree that the Boswell Drive Works
may be used by Players/West Diamond for construction access to any portion of the
Players/West Diamond Lands.
. .
Schedule "E"
Page 11
18. ReQuirements for Certificate of Completion
Players/West Diamond acknowledges and agrees that the construction and
installation of any of the Boswell Drive Works authorized in an Authorization to
Commence Works shall not be deemed to be completed for the purposes of this
Subdivision/Consent Agreement until the Director has provided Players/West Diamond
with written certificate that such is the case (the "Certificate of Completion"). In addition
to satisfying the other requirements of this Subdivision/Consent Agreement respecting its
issuance, a Certificate of Completion shall not be issued until such of the Boswell Drive
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
Boswell Drive Works have been constructed and installed in accordance with the
Engineering Drawings and has received all certificates and confirmations from
Players/West Diamond's Engineer as provided for in this Subdivision/Consent
Agreement.
19. ReQuirements for Certificate of Acceptance
Players/West Diamond acknowledges and agrees that the none of the Boswell
Drive Works covered by a Certificate of Completion shall be accepted, nor deemed to be
accepted for the purpose of this Subdivision/Consent Agreement until the Director has
provided Players/West Diamond with written certificate that the Boswell Drive Works in
question have been accepted (the "Certificate of Acceptance"). If the Director is of the
opinion that the Boswell Drive Works in question have been properly maintained and all
deficiencies and defects in such Boswell Drive Works have been remedied and corrected
by Players/West Diamond on behalf of the Municipality, the Director shall provide
Players/West Diamond with a Certificate of Acceptance of the relevant Boswell Drive
Works.
20. Ownership of Boswell Drive Works bv Municipality
For greater certainty, Players/West Diamond acknowledges and agrees that the
Municipality is the owner of all of the Boswell Drive Works covered by a Certificate of
Acceptance. Players/West Diamond shall have no right or claim thereto, other than as
specifically agreed to between Players/West Diamond and the Municipality in writing.
21. Property Damal!e Guarantee
Prior to the issuance of an Authorization to Commence Works by the Director for
the construction and installation of the Boswell Drive Works, Players/West Diamond
shall deposit Five Thousand ($5,000.00) Dollars with the Municipality which may be
drawn upon by the Municipality to indemnify itself against any cost that the Municipality
Schedule "E"
Page 12
Incurs in repairing damage caused by Players/West Diamond to any property of the
Municipality in constructing and installing any of the Boswell Drive Works. The deposit
or so much of it as is not drawn upon for the aforesaid purpose shall be repaid by the
Municipality to Players/West Diamond without interest when the Security for the
Maintenance Guarantee of the Boswell Drive Works is repaid by the Municipality to
Players/West Diamond.
Schedule "F "
Page I
SCHEDULE "F"
THIS SCHEDULE IS SCHEDULE "F" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
BOSWELL DRIVE WORKS
PERFORMANCE GUARANTEE
1. Boswell Drive Works Performance Guarantee Required
(a) On or prior to the execution of this Subdivision/Consent Agreement by the
Municipality, Players/West Diamond shall deposit with the Municipality,
cash or an irrevocable and unconditional letter of credit issued by a bank
listed in Schedule "I" or "II" of the Bank Act, acceptable to the
Municipality's Director of Finance/Treasurer, and in a form and
containing terms and conditions satisfactory to the Municipality's Director
of Finance/Treasurer ("Boswell Drive Works Performance Guarantee").
The Boswell Drive Works Performance Guarantee shall be in the amount
determined by the Director to be the amount required to secure to the
Municipality the performance by Players/West Diamond of its covenants
contained in this Subdivision/Consent Agreement to construct and install
the Boswell Drive Works.
(b) Without limiting the generality of the foregoing, III making his
determination, the Director shall have regard for the "Boswell Drive
Works Cost Estimate" or the "Revised Boswell Drive Works Cost
Estimate" (both terms as hereafter defined) whichever is applicable, for
the construction and installation of the Boswell Drive Works which either
application has been made by Players/West Diamond to the Director for
the issuance of an Authorization to Commence Works or an Authorization
to Commence Works has been issued by the Director.
(c) If from time to time following the issuance of any Authorization to
Commence Works the Director is of the opinion that the amount of the
Boswell Drive Works Performance Guarantee should be increased in order
to protect the Municipality's interests under this Subdivision/Consent
Agreement, the Director shall consider and, acting reasonably, approve a
Boswell Drive Revised Works Cost Estimate which on his approval shall
be deemed to be the Boswell Drive Works Cost Estimate for the purposes
of this Subdivision/Consent Agreement. Forthwith after the Director
approves a Boswell Drive Revised Works Cost Estimate, he shall give to
Players/West Diamond written notice of his decision and a copy of the
Schedule "F "
Page 2
Boswell Drive Revised Works Cost Estimate. Players/West Diamond
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" of the Bank Act that is acceptable to the Municipality's
Director of Finance/Treasurer and which contains terms satisfactory to the
Municipality's Director of Finance/Treasurer.
(d) In the event that Players/West Diamond does not increase the amount of
the Boswell Drive Works Performance Guarantee for a period of thirty
(30) days following the giving of written notice by the Director to
Players/West Diamond requiring an increase in the amount of the Boswell
Drive Works Performance Guarantee, any Authorization to Commence
Work that has been issued shall terminate.
(e) The Director shall gIve Players/West Diamond written notice that the
Boswell Drive Works have been completed. No later than the expiry of the
ten (10) day period following the date on which this written notice is given
to Players/West Diamond of the as-constructed costs of the Boswell Drive
Works. If the as-constructed costs of these Boswell Drive Works as
determined by the Director ("As-Constructed Costs") exceeds the then
current Boswell Drive Work Cost Estimate, forthwith after written
demand is given to it by the Director, Players/West Diamond shall pay to
the Municipality any amount by which such As-Constructed Costs
exceeds the then current Boswell Drive Works Cost Estimate of the As-
Constructed Costs of the Boswell Drive Works.
2. Use of Boswell Drive Works Performance Guarantee
(a) From time to time the Municipality may appropriate the whole or anyone
or more portions of the Boswell Drive Works 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 is required to
remedy Players/West Diamond's breach(es) or default(s) of or under the
provisions of the Subdivision/Consent Agreement. Forthwith after making
each such appropriation, the Director shall give Players/West Diamond
written notice thereof and Players/West Diamond shall forthwith reinstate
the Boswell Drive Works Performance Guarantee to the full amount
required by this Subdivision/Consent Agreement.
(b) If the whole or any portion of the Boswell Drive Works Performance
Guarantee is appropriated by the Municipality as aforesaid and is not fully
expended by the Municipality, Players/West Diamond agrees with the
Schedule "F "
Page 3
Municipality that Players/West Diamond will not require the Municipality
to pay interest on any portion of it for the period in which it is held by the
Municipality and deposited by the Municipality in an interest bearing
account in the name of the Municipality, in the event that an amount equal
to the appropriate or any part of it is paid by the Municipality either to
Players/West Diamond, to the bank which issued the letter of credit for
deposit as the Boswell Drive Works Performance Guarantee, as directed
by Players/West Diamond or the bank, as the case may be.
3. Indemnification of Municipalitv
Players/West Diamond 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 Subdivision/Consent Agreement, or the
design, construction and installation, supervision of construction and installation,
inspection, and/or maintenance of the Boswell Drive Works by Players/West Diamond,
its employees, contractors, suppliers of services or materials, Players/West Diamond's
Engineer, Players/West Diamond's Engineer's employees, and Players/West Diamond's
licensees.
4. Insurance
Players/West Diamond shall obtain and maintain insurance and deposit the proof
thereof as required by and in accordance with Schedule "I" of this Subdivision/Consent
Agreement.
5. Maintenance Guarantee Reauired
(1) From the date of issuance of an Authorization to Commence the Boswell Drive
Works until the date of issuance of a Certificate of Acceptance of the Boswell
Drive Works or particular component(s) of the Boswell Drive Works,
Players/West Diamond agrees with the Municipality to promptly correct, remedy,
repair or replace any portion or component of the Boswell Drive Works in
question that the Director determines to be defective or deficient having regard to
the provisions of this Subdivision/Consent Agreement at Players/West Diamond's
cost (the "Maintenance Guarantee"). The amount of the required Maintenance
Guarantee shall be determined in accordance with paragraph 5(1) of this
Schedule. Players/West Diamond shall be given written notice of any such
deficiency or defect by the Director forthwith after he identifies the same.
Players/West Diamond shall deposit or leave on deposit with the Municipality,
cash or an irrevocable and unconditional letter of credit by a bank listed in
Schedule "I" of the Bank Act acceptable to the Municipality's Director of
Schedule "F "
Page 4
Finance/Treasurer and containing terms satisfactory to the Municipality's Director
of Finance/Treasurer, as security for the Maintenance Guarantee (the "Security
for the Maintenance Guarantee").
(2) The Maintenance Guarantee expIres on the later to occur of (1) the date of
issuance of the Certificate of Acceptance of the Boswell Drive Works, and (2) the
day which commences on the date of the issuance of the Certificate of
Completion of the Boswell Drive Works and is two (2) years following the date of
its commencement.
6. 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 Players/West Diamond fails to pay any cost(s)
payable by Players/West Diamond to the Municipality under this Subdivision/Consent
Agreement. The amount(s) of such appropriation shall not exceed the amount(s) which in
the opinion of the Director are required to remedy Players/West Diamond's breach( es) or
defau1t(s) as determined by the Director of correcting or remedying a deficiency(s) or
defect(s) in the Boswell Drive 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 Players/West
Diamond written notice thereof. Forthwith, after the giving of such notices, Players/West
Diamond shall restore the Security for the Maintenance Guarantee to the full amount
required by this Subdivision/Consent Agreement.
7. Reduction and Release of Boswell Drive Works
Performance Guarantee
(a) Prior to the release of the Boswell Drive Works Performance Guarantee,
in the discretion of the Director, the amount of the Boswell Drive Works
Performance Guarantee may be reduced, from time to time, to reflect the
progress of completion of the Boswell Drive Works and other facilities
and improvements which are required to be constructed and installed by
Players/West Diamond after taking into account any outstanding claims
the satisfaction of which is provided for in this Subdivision/Consent
Agreement. The maximum reduction that may be permitted to be made by
the Director is such that will leave on deposit with the Municipality as the
Boswell Drive Works Performance Guarantee is the amount equal to the
sum of (1) the value of the uncompleted Boswell Drive Works as
determined by the Director having regard for the Boswell Drive Works
Cost Estimate 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, and (2) as the Maintenance
Schedule "F "
Page 5
Guarantee fifteen (15%) percent of the value of the completed Boswell
Drive Works, also determined by the Director after considering the
material, if any, submitted to the Director by Players/West Diamond's
Engineer in support of an application for reduction of the Boswell Drive
Works Performance Guarantee in respect of the Boswell Drive Works that
have been completed by Players/West Diamond as well as the contract
documents, sub-contracts and supply contracts pertaining to the Boswell
Drive Works and the provisions of the Construction Lien Act.
(b) Players/West Diamond will not reqUIre the Municipality to release to
Players/West Diamond any unused portion of the Boswell Drive Works
Performance Guarantee until each of the following conditions is satisfied:
(i) A Certificate of Completion has been issued for the Boswell Drive
Works for which the Boswell Drive Works Performance Guarantee
was initially required to be deposited with the Municipality.
(ii) Players/West Diamond has deposited or has left on deposit with
the Municipality the Maintenance Guarantee applying to the
Boswell Drive Works for which the Boswell Drive Works
Performance Guarantee initially was required to be deposited with
the Municipality.
(iii) The Director is satisfied that in respect of the construction and
installation of the Boswell Drive Works for which such Boswell
Drive Works Performance Guarantee was initially required to be
deposited with the Municipality, there are no outstanding claims
relating to the Boswell Drive Works.
(iv) The Municipality is satisfied that there are no outstanding claims
relating to the Boswell Drive Works which the Municipality is
required or may be permitted to pay either under the provisions of
the Construction Lien Act or otherwise.
(v) The Municipality is satisfied that Players/West Diamond is not in
breach of any of its covenants contained III this
Subdivision/Consent Agreement.
Schedule "F "
Page 6
8. Reduction and Release of Maintenance Guarantee
Players/West Diamond will not reqUIre the Municipality to release to
Players/West Diamond the Security for the Maintenance Guarantee until each of the
following conditions is satisfied:
(a) A Certificate of Acceptance has been issued for the Boswell Drive Works
for which such Maintenance Guarantee is required under this
Subdivision/Consent Agreement.
(b) The Municipality is satisfied that there are not outstanding claims relating
to such Boswell Drive Works which the Municipality is required or may
be permitted to pay either under the provisions of the Construction Lien
Act or otherwise.
(c) The Municipality is satisfied that Players/West Diamond is not in breach
of any of its covenants contained in this Subdivision/Consent Agreement.
(d) The Director has received the as-constructed drawings for such Boswell
Drive Works from Players/West Diamond as well as the computer disks, if
any, have been prepared by Players/West Diamond's Engineer.
9. Unpaid Monies
Except as otherwise provided in this Subdivision/Consent Agreement, the due
date of any money payable under it, unless a different due date is specified in this
Subdivision/Consent Agreement, shall be thirty (30) days after the date of the giving of
the written invoice to Players/West Diamond. Interest shall be calculated and be paid by
Players/West Diamond to the Municipality on all sums of money of which Players/West
Diamond 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.
Schedule "G"
Page I
SCHEDULE "G"
THIS SCHEDULE IS SCHEDULE "G" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
DUTIES OF PLA YERS/WEST DIAMOND'S ENGINEER
1. RESPONSIBILITY FOR DESIGN ETC.
In addition to the other requirements of this Subdivision/Consent Agreement,
Players/West Diamond's Engineer shall prepare all drawings, plans, studies,
reports, estimates, calculations and documentation for the consideration and
approval of the Director. The approval of the Director shall not absolve or release
Players/West Diamond or Players/West Diamond'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 Players/West Diamond's Engineer.
2. REPRESENT PLA YERS/WEST DIAMOND AND OBTAIN
MUNICIPALITY APPROVALS
Players/West Diamond's Engineer is hereby authorized by Players/West Diamond
to act as Players/West Diamond's representative in all matters pertaining to the
design, construction and installation of the Boswell Drive Works and the overall
management of the development, and shall co-operate with the 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 Boswell
Drive Works.
3. PROVIDE RESIDENT SUPERVISION
Players/West Diamond'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 Boswell Drive Works. Without limiting the generality of the foregoing,
Players/West Diamond's Engineer shall be responsible for the following:
(a) To carry out or arrange for the carrying out by qualified personnel offield
layout including the provision of line and grade to the contractors and,
where required, restaking.
Schedule "G"
Page 2
(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 applicable plans of survey, as the case may be, and all
applicable law. Players/West Diamond'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 Municipality's Design Criteria and Standard Drawings, the
applicable plans of survey and/or the applicable law.
(c) To provide co-ordination and scheduling of the construction and
installation of the Boswell Drive Works in accordance with the timing
provisions contained in this Subdivision/Consent Agreement and the
requirements of the Director.
(d) 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
Boswell Drive Works.
(e) To obtain field information during and upon completion of the
construction and installation of the Boswell Drive Works required to
modify the Engineering Drawings to produce the as-constructed drawings
ofthe Boswell Drive Works.
4. MAINTAIN RECORDS
Players/West Diamond'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-contractors and suppliers of materials and
services, certificates of completion of 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 Players/West Diamond or Players/West Diamond's Engineer pursuant
to this Subdivision/Consent Agreement, Players/West Diamond's Engineer
, .
Schedule "G"
Page 3
immediately after becoming apprised of each change shall give the Director
written notice of it.
PROVIDE PROGRESS REPORTS
5.
Players/West Diamond's Engineer shall provide the Director with reports on the
progress of the construction and installation of the Boswell Drive Works on a
monthly basis, or at such other interval as approved by the Director.
6. PREPARE AS-CONSTRUCTED DRAWINGS
Players/West Diamond's Engineer shall prepare and submit the as-constructed
drawings of the Boswell Drive Works together with the computer disks, if any
have been prepared, to the Director provided that the as-constructed drawings
shall be prepared to the satisfaction of the Director.
Schedule "H"
Page 1
SCHEDULE"H"
THIS SCHEDULE IS SCHEDULE "H" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
REGULATIONS FOR CONSTRUCTION
1. RESPONSIBILITY FOR DESIGN
All work pursuant to and associated with this Subdivision/Consent Agreement
shall be carried out in strict conformity with all approved Engineering Drawings,
the Municipality's Design Criteria, Standard Drawings and Specifications or any
revisions thereof and all applicable legislation, in addition to any requirements set
out in this Subdivision/Consent Agreement.
2. SAFETY
Players/West Diamond shall ensure that all construction pursuant to and
associated with this Subdivision/Consent Agreement is carried out in
conformance with the Occupational Health and Safety Act, and other applicable
legislation.
3. PERMITS AND APPROVALS
Players/West Diamond shall ensure that any and all permits and approvals
required to install or construct or prepare to install or construct any of the Boswell
Drive Works pursuant to or associated with any part of this Subdivision/Consent
Agreement have in fact obtained and are valid and in good standing.
4. REQUIREMENTS FOR BLASTING
Not Used.
5. REMOVAL OF TOPSOIL
Not Used.
.'
Schedule "H"
Page 2
6.
DUMPING OF FILL OR DEBRIS
Players/West Diamond 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 part of the
Players/West Diamond Lands to be dedicated to the Municipality other than the
roads within the limits of the Players/West Diamond Lands, without the written
consent of the Director.
7. DISPOSAL OF CONSTRUCTION GARBAGE
Players/West Diamond shall remove and dispose of all construction garbage and
debris from the Players/West Diamond Lands in an orderly and sanitary fashion in
a dump site off the Players/West Diamond Lands and approved by the Director.
The Municipality shall not be responsible for the removal or disposal of garbage
and debris. Without derogating from the foregoing provisions of this paragraph, if
Players/West Diamond fails to remove construction garbage or debris from the
Property for a period of three (3) consecutive days following the giving of written
notice by the Director to Players/West Diamond 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 Players/West Diamond. Forthwith
after the Director gives written notice to Players/West Diamond requiring it to pay
for the costs incurred in removing and disposing of the construction garbage or
debris, Players/West Diamond shall pay the Municipality the amount of money
for it is invoiced.
8. QUALITATIVE AND QUANTITATIVE TESTS
Not used.
9. WEED AND RAT CONTROL
After the commencement of construction Players/West Diamond shall institute upon the
Players/West Diamond Lands a program of weed and rat control to the satisfaction of the
Director .
v
Schedule "I"
Page 1
4
SCHEDULE "I"
THIS SCHEDULE IS SCHEDULE "I" to the Subdivision/Consent Agreement
which has been authorized and approved by By-law No. 2007-146 of The Corporation of
the Municipality of Clarington, enacted and passed the 25th day of June, 2007.
INSURANCE REQUIRED
1. TYPES OF COVERAGE REQUIRED
Players/West Diamond 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/Treasurer and licensed in Ontario to
underwrite such insurance and containing terms and conditions which are acceptable to
the Municipality's Director of Finance/Treasurer. 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
part or parts thereof respectively;
(c) Any injury to any person or persons including workmen employed on the
Players/West Diamond Lands (unless covered by Workers Safety & Insurance
Board) and the public;
(d) Any loss or damage that shall or may result from the drainage of surface water on
or from the Players/West Diamond Lands;
(e) Any loss or damage that shall or may result from the disposal of effluent from any
sewage disposal works; and
(f) Any loss or damage that shall or may happen to any public road or to any other
property of the Municipality or to the property of any other person either directly
or indirectly by reason of the Players/West Diamond undertaking any or all of the
Works.
2. AMOUNTS OF COVERAGE REQUIRED
Policy or policies of insurance shall be issued jointly in the names of
Players/West Diamond and the Municipality and shall provide the following minimum
coverages for five million ($5,000,000) dollars for all damage arising out of one (1)
accident or occurrence or series of accidents or occurrences.
"
. ...
Schedule "I"
Page 2
.
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 Players/West Diamond from
responsibility for other or larger claims for which it may be held responsible.
3. TERM OF INSURANCE
The term of the required insurance shall commence no later than the day on 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 of the Works contemplated by this Subdivision/Consent Agreement.
SCHEDULE" J"
THIS SCHEDULE IS SCHEDULE "J" to the Subdivision/Consent Agreement which
has been authorized and approved by By-law No. 2007-146 of The Corporation of the
Municipality of Clarington, enacted and passed the 25th day of June, 2007.
Boswell Drive Works Cost Estimate
Item Type of Service Estimated
Value
1 Grading R. O. W. $ 10,493.70
2 Siltation Control 32,100.00
3 Storm Sewers 85,609.34
4 Roadworks (Base Works) 283,776.30
5 Roadworks (Surface Works) 70,026.27
6 Topsoil and Sod Boulevards 29,731.60
7 Landscaping Trees 25,830.00
8 Streetlights 160,850.00
SUB-TOTAL $ 698,417.20
5% CONTINGENCY 34,920.86
SUB- TOTAL $ 733,338.06
10% ENGINEERING 73,333.81
SUB-TOTAL $ 806,671.87
6% GST 48,400.31
TOTAL ESTIMATED COST OF SERVICES $ 855,072.18
TOTAL PERFORMANCE GUARANTEE REQUIRED $ 855,072.18