HomeMy WebLinkAboutEGD-061-07
ClJJ!il}glon
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday December 3, 2007 Resolution #~ PA-Io {3-O7
Report#: EGD-061-07 File#: By-law#:~()07-0?~(p
Subject: SERVICING AGREEMENT, REGIONAL MUNICIPALITY OF DURHAM
AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Recommendations:
1. THAT Report EGD-061-07 be received;
2. THAT the Region of Durham Resolution be received;
3. THAT the Mayor and Clerk execute a servicing agreement with the Region of
Durham for the connection and installation of services to the Newcastle & District
Recreation Complex;
4. THAT the Municipality makes payment to the Region of Durham in the amount of
$99,693.01 and $107.80 as outlined in the said agreement and be drawn from
account 110-42-421-84244-7401, Newcastle & District Recreation Complex
Construction Account; and
5. THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the
Municipality, to execute the said agreement.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282
Report #EGO-061-o7
Respectfully by,
~y
Submitted by: A.S. Cannella
Director of Engineering Services
o.
Reviewed by: Franklin Wu
Chief Administrative Officer
J P. Caruana
rector of Community Services
ASC/BMB/jo
June 13, 2007
Pa~e 2
Report #EGD-061-07
PaQe 3
1.0 BACKGROUND
Through the purchase and severance of the Newcastle & District Recreation
Complex lands, the Municipality was advised that future development of the
parcel would be subject to Region of Durham frontages charges. The frontage
charges that apply are for the installation of existing watermains and sanitary
sewers that have been constructed in the past to service the property.
In order to connect to the existing Regional infrastructure on Rudell Road and
install the required services to property line, the Municipality must enter into a
servicing agreement with the Region of Durham in keeping with the Region's
standard practice. The Regional agreement is included as Attachment 2.
Through the agreement the Region has indicated that the Municipality make
payment for the frontage charges that apply.
2.0 CONCLUSION
The connection to existing services and the construction of proposed services is
an integral component to the operation of the Newcastle & District Recreation
Complex. Therefore it is recommended that the Municipality enter into the
responsibility agreement with the Region of Durham and make payment for the
frontage fees in keeping with Regional requirements for the proposed site.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Regional Servicing Agreement
Attachment 3 - By-law
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I DATE: November 23, 2007
REPORT EGD-061-07
ATTACHMENT NO.1
G:\Attachments\NewcastleRecServAgrmnt. mxd
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The Regional
Municipality
of Durham
Legal
Department
605 ROSSLAND RD. E
PO BOX 623
WI:iITBY ON L1 N 6A3
CANADA
905-668-7711
Fax: 905-668-4752
Brian J. Roy
Regional
Solicitor
"Serv;ce Excellence
'.y t)Uf Communities"
ATTACHMENT NO.:2
REPORT NO.: EGD-061-07
August20,2007
Mr. George Acorn
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Sir:
Re: Servicing agreement between The Corporation of the Municipality of
Clarington and Region of Durham - Newcastle Recreation Centre,
Clarington; Works File 2007-C-002; Legal File AGT-88-07
Enclosed is the servicing agreement in duplicate for execution. Please
return all executed copies of the document to the Region for execution and
eventual registration on title.
The following are the requirements of the Region pursuant to the
Agreement:
1.
Par. 9 - please insert the date for completion of all Regional
underground services;
2.
Par. 20 requires the payment of $99,693.01 by certified cheque for
engineering fees, legal fees and administration fee;
3.
Par21 requires the payment of $107.80 for the cost of registering
the agreement and other related costs;
4.
Par. 23 - outlines the Region's insurance requirements. Enclosed is A
a certificate of insurance for completion by your insurers. /7,,<J,o.,) c..t.-"'</J/
;;V c:z, --t ~c;",-r K-
Schedule "A" is a solicitor's certificate for completion by your .
solicitor.
5.
If you require any clarification orassistance, please do not hesitate to
contact me at 905-668-4113, Ext 2063.
Yours truly,
~'YY\c.~
Karen McCullough
Law Clerk
enc
cc: Development Approvals, ~rks Department
~ 00% Post ConSumer
ELECTRONIC REGISTRATION OF DOCUMENTS
1. Agreement to be returned to the Region in duplicate. Upon receipt by the
Region, the Region will electronically insert the following information based on the
information provided in the executed copy.
a) Signatures and dates
b) Schedule B - Certificate of title
c) Schedule - 40R-Plan numbers, if required
2. Easements, if required will be prepared electronically by the Region and
forwarded to your solicitor.
3. All documentation will be completed electronically and registered in the
following order:
a) Servicing agreement
b) Easement, jf required
.'
1:1 CERTIFICATE OF INSURANCE: SUBDIVISION/SERVICING
AGREEMENTS
PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS
FORM ONLY.
REGIONAL FORM MUST BE COMPLETED BY AGENT, BROKER OR INSURER.
MUNICIPALITY
OF DURHAM
Name ofInsured Address ofInsured
Legal description of land and locatioD and Operations of Jnsured for wbic:b Certificate is issurd:
GENERAL LIABILITY
INSURING COMPANY POLICY NUMBERS AMOUNT OF COVERAGE EFFECTIVE EXPIRY DATE
DATE
Policy # Full replacement cost of the DIMlY DIMlY
Works
General liabiltiy Min. $5.000.000 DIMlY DIMlY
Provisions of Amendments or Endorsements of Listed Policy(ies) NO EXCLUSION FOR BLASTING
Commercial General Liability is extended to include Personal Injury Liability, Contractual Liability, Non-Owned Automobile Liability,
Owner's and Contractor's Protective Coverage, Products-Completed Operations, Contingent Employer's Liability, Cross Liability
Clause and Severability of Interest Clause.
With respect to the Commercial General Liability, THE REGIONAL MUNICIPALITY OF DURHAM has been added as an Additional
Insured but only with respect to its interest in the operations of the named insured.
The Commercial General Liability Policy(ies) identified above shall protect each insured in the same manner and to the same extent as
though a separate policy has been issued to each, but nothing shall operate to increase the Limits of Liability as identified above
beyond the amount or amounts for which the Company would be liable if there had been only one Insured.
The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to The Regional
Municipality of Durham.
If cancelled or changed so as to reduce the coverage as outlined on this certificate, during the period of coverage as stated herein, thirty
(30) days. prior written notice by registered mail will be given by the Insurer(s) to:
The Regional Municipality of Durham
Attention: Risk Management Supervisor
Finance Department,
605 Rossland Road East
Whitby. Ontario UN 6A3
I certify that the insurance is in effect as stated in this certificate and that I have authorization to issue this certificate for and on behalf
of the insurer(s).
PLEASE COMPLETE
Date Insurance Broker name and address: Signature of Authorized representative or official
Telephone Number:
Fax Number: REPRESENTATIVElYU' U~ f\OUV C AU..
TABLE OF CONTENTS
INTERPRET A TION.......................................................................................................... 3
Definitions.........................................................................................................................................'..........................3
Schedules.....,.............................................................................................................................................................4
References..................................................................................................................................................................4
Extended Meanings ..................................................................................................................................................4
Owner's Expense ......................................................................................................................................................4
REGIONAL SERVICES ...................................................................................................4
Design and Installation......,.....................................................................................................................................4
Authorization to Commence Work .......................................................................................................................4
Additional Work............................................ .............................................................................................................5
Completion of the Works ......................................,................................................................................................. S
Maintenance of the Works ......................................................................................................................................5
"As Recorded" Drawings ........................................................................................................................................5
Emergency Repairs ..................................................................................................................................................5
Restoration of Roads ...............................................................................................................................................5
FINANCIAL MATTERS .................................................................................................... 6
Cost of the Works .....................................................................................................................................................6
Commutation of Rates and Charges.................................................................................................................... 6
Fees......................,...,...................................................................................................................................................6
Security,.......................................................................................................................................................................7
Insurance......................................,..........,........,."...,.,.................,......,...........,...........................................................8
Indemnification........,...,...,..............,..............................................,...........................................................................8
DEFAULT ........................................................................................................................8
Events of Default...,.......,...,..........,............... ......,..........,..,.............................,...,...,...,...............,..................,...........8
Remedies of Default ,...,............................................................................................................................................9
OTHER MA TTERS .......................................................................................................... 9
Notice of Agreement................................................................................................................................................9
Postponement............................................................................................................................................................9
Conveyances..............................................................................................................................................................9
Connection Approvals ...........................................................................................................................................1 0
Further Assurances ............,................................................................................................................................... 10
Notices.......,...............................................................................................................................................................]0
Successors and Assigns...........................................................................................................,........................... ] 0
Schedule A
Schedule B
Schedule C
Solicitor's Certificate
Lands and Easements to be Conveyed to the Region
Approved Engineering Drawings
Legal File AGT-88-07
Works File 2007-C-002
;J
SERVICING AGREEMENT
This Agreement dated August 20, 2007 is made
BE TW E E N:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(the "Owner")
- and-
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
RECITALS
WHEREAS:
(a) The Owner is the registered owner of the Lands;
(b) The Owner proposes to develop the Lands; and
(c) The development of the Lands will necessitate the construction of the Works.
NOW THEREFORE the Owner, the Region and the Encumbrancer agree as follows:
INTERPRETATION
Definitions
1. In this Agreement and in the recitals above,
(a) "Agreement" means this servicing agreement;
(b) "Completion Acceptance Leiter" means the letter described in Section
11;
(c) "Final Acceptance Letter" means the letter described in Section 12;
(d) "Lands" means the lands legally described as Part of Lot 31, Concession
1, designated as Part 1, Plan DR302420 save and except Part 1, Plan
40R-24713, in the Municipality of Clarington, in the Regional Municipality
of Durham;
(e) "Letter of Credit" means the letter of credit described in Section 20;
(I) "Region" means The Regional Municipality of Durham acting as a body
corporate and, where the context requires, includes all employees,
officers, servants and agents of The Regional Municipality of Durham; and
(g) "Works" means all of the sanitary sewers and appurtenances, sanitary
sewer connections, watermains and appurtenances, water service
connections, Regional storm sewers and appurtenances, Regional storm
sewer connections, and Regional road work to be installed as shown on
the engineering drawings listed in Schedule C and includes the removal of
any existing services as noted on such drawings.
Page 4
Schedules
2. The following Schedules are attached to and form part of this Agreement:
Schedule A Solicitor's Certificate
Schedule B Lands and Easements to be Conveyed to the Region
Schedule C Approved Engineering Drawings
References
3. References in this Agreement to Sections and Schedules are to Sections and
Schedules in this Agreement.
Extended Meanings
4. This Agreement shall be read with all changes in gender or number as the
context may require.
Owner's Expense
5. Every provision of this Agreement by which the Owner is obligated in any way
shall be deemed to include the words "at the expense of the Owner" unless the
context otherwise requires.
REGIONAL SERVICES
Design and Installation
6. (1) In this Section, "plans" means the plans, profiles, contours, surveys and
other engineering reports, materials, drawings, data and investigations required
to complete the design and installation of the Works.
(2) The Owner shall be responsibie for the preparation of all plans and the
installation of all Works. The plans shall be prepared and the installation of the
Works shall be undertaken in accordance with all applicable federal, provincial
and municipai laws, by-laws, rules, regulations, standards and other
governmental requirements and Region design guidelines. Where no materials
are specified in the Region's design guidelines, the materials shall be approved
by the Region prior to the installation of the Works.
(3) At the request of the Region, the Owner shall make all necessary changes
or deletions to the plans and the scope of the Works shall be adjusted
accordingly.
Authorization to Commence Work
7. The Owner shall not commence the installation of the Works without written
permission from the Region. Such permission shall not be given until,
(a) all monies, securities and insurance policies required by this Agreement
have been delivered to the Region;
(b) this Agreement has been registered against title to the Lands;
(c) the lands and easements set out in Schedule B have been conveyed to
the Region; and
(d) the Owner has obtained all necessary approvals for the installation of the
Works.
Page 5
Additional Work
8. If at any time prior to completing the installation of the Works the Region is of the
opinion that additional Regional services are necessary to service the Lands or
that existing Regional services need to be removed from the Lands, the Owner
shall install or remove such services at the request of the Region.
Completion of the Works
9. The completion dates for the installation of the Works shall be as follows:
(a) All regional underground services on or before
(b)
Base course asphalt on Regional roads on or before
nla
(c) Surface course asphalt and sodding on Regional roads on or before
nla
10. If the Owner fails to complete the installation of the Works by such dates, the
Owner shall pay to the Region, as predetermined liquidated damages, the sum of
one hundred dollars ($100.00) per day beyond the completion date for every
hundred thousand dollars worth of uncompleted work unless the Owner has been
prevented from so doing by reason of strike, lock-out, material shortages, or
natural calamities beyond the reasonable control of the Owner.
11. After the Works have been installed to the satisfaction of the Region, the Region
shall issue a letter (the "Completion Acceptance Letter") confirming completion of
the Works and the commencement date for the maintenance period referred to in
Section 12.
Maintenance of the Works
12. The Owner shall maintain the Works for a minimum period of two (2) years. At
the conclusion of the maintenance period, the Region shall re-inspect the Works
and, if acceptable, the Region shall issue a letter (the "Final Acceptance Lette~')
confirming such acceptance and the termination of the maintenance period.
Upon the issuance of the Final Acceptance Letter, the Region shall assume
ownership of, and all operation and maintenance responsibilities for, the Works.
"As Recorded" Drawings
13. Prior to the issuance of the Final Acceptance Letter, the Owner shall submit to
the Region, complete in accordance with Regional standards, "as recorded"
drawings for the Works.
Emergency Repairs
14. The Region may enter upon the Lands at any time for the purpose of making
emergency repairs to any of the Works. In such situation the Region shall not be
deemed to have accepted any of the Works or assumed any liability in
connection with the Works.
Restoration of Roads
15. The Owner shall be responsible for the clean-up and repair of all Regional and
local roads, including boulevards, which become dirty or damaged as a result of
the installation of the Works. Within 48 hours of verbal notification to the Owner
by the Region, the Owner shall undertake such works as are necessary to clean-
up or repair the roads.
Page 6
FINANCIAL MATTERS
Cost of the Works
16. The Owner shall be responsible for the full cost of the Works. The estimated
cost of the Works is as follows:
(a) Sanitary Pumping Station upgrades
(b) Sanitary sewers and appurtenances
(c) Sanitary sewer connections
(d) Watermains and appurtenances
(e) Water service connections
(f) Regional storm sewers and appurtenances
(g) Regional storm sewer connections
(h) Regional roads
$ 89.000.00
nla
9.600.00
nla
9.300.00
nla
nla
nla
TOTAL
$107900.00
Commutation of Rates and Charges
17. Prior to the execution of this Agreement by the Region. the Owner shall commute
and pay all local improvement charges. sewer rates and water works rates
imposed against the Lands.
Fees
18. (1) In this Section.
(a) "Engineering Fee" means all costs and expenses incurred by the
Region in reviewing, examining and inspecting the design and
installation of the Works;
(b) "Local Connections" means all water connections, sanitary sewer
connections and Regional storm sewer connections related to the Lands
previously installed or paid for by the Region:
(c) "Local Services" means all watermains and appurtenances, sanitary
sewers and appurtenances, Regional storm sewers appurtenances, and
Regional road work related to the Lands previously installed or paid for
by the Region: and
(d) "MOE Credit" means any payments made by the Owner for processing
a Ministry of the Environment certificate for sanitary sewers, watermains
andlor Regional storm sewers.
(2) The Engineering Fee is calculated by applying the applicable formula in
the following chart to the total cost of the Works:
Total Cost of the Works
Less than $100,000
$100,001-$200,000
$200,001-$500,000
$500,001-$1,000,000
$1,000,001-$2,000,000
$2 000 001-$4 000 000
Enaineerino.Fee
3% (minimum $250.00)
$3,000 on first $100,000 & 2.5% on next $100,000
$5,460 on first $200,000 & 2.25% on next $300,000
$12,120 on first $500,000 & 2.0% on next $500.000
$21,820 on first $1,000,000 & 1.50% on next $1,000,000
$36 520 on first $2 000 000 & 1.20% on next $2 000 000
(3) The Engineering Fee only includes periodic inspection. If the Region is
required to provide full-time on-site inspection services for the installation of the
Works, then the Owner shall reimburse the Region for all costs and expenses
incurred by the Region for such services. All such costs and expenses shall be in
addition to the Engineering Fee.
Page 7
(4) Prior to execution of this Agreement by the Region, the Owner shall pay to
the Region by certified cheque the sum of $99.693.01 calculated as follows:
(a) Engineering Fee
(b) MOE Credit
(c) Local Services
(i) Regional roads and storm sewers
(ii) Watermains
(iii) Sanitary sewers
(d) Local Connections
(i) Regional storm sewer connection
(ii) Water service connection
(iii) Sanitary sewer connection
(e) legal fees for the preparation and
processing of this Agreement
(f) financial administration fee
$ 3.046.51
( nil )
nil
42.516.90
52.779.60
nil
nil
nil
1.000.00
350.00
TOTAL
$ 99 693.01
19. The Owner shall reimburse the Region for the cost of registering this Agreement
and all related documents against title to the Lands.
Security
20. The Owner shall file with the Region a letter of credit (the "Letter of Credit") in the
amount of $ nil (100 % of the estimated cost of the Works) In order to
guarantee the due performance of all of the Owner's obligations under this
Agreement with respect to the installation of the Works. The Letter of Credit shall
be in a form satisfactory to the Region's Treasurer.
21. The Letter of Credit shall be reduced to 25% of its original amount provided the
Completion Acceptance Letter has been issued and the Owner has filed with the
Region a statutory declaration stating that,
(a) all services and materials with respect to the installation of the Works have
been supplied and no amounts are owing to any person in relation to such
materials or services;
(b) no person has given notice of a claim for lien under the Construction Uen
Act, R.S.O. 1990, c.30 against the Lands or any part thereof, and no
person is entitled to make such a claim;
(c) there are no judgments or executions filed against the Owner;
(d) nothing is owing by the Owner or claimed against it for unemployment
insurance deductions, income tax deductions or premiums under the
Workplace Safety and Insurance Act, 1997, S.O. 1997. c. 16, Sch. A;
(e) the Owner has not made any assignment for the benefit of creditors, no
receiving order has been made against it under the Bankruptcy and
Insolvency Act, R.S.C. 1985, c. B-3 and no petition for such an order been
served upon the Owner; and
(f) forty-five (45) days have passed since the completion of the installation of
the Works.
22. The Region shall release the Letter of Credit following the issuance of the Final
Acceptance Letter.
Page 8
Insurance
23. (1) The Owner shall obtain and maintain policies of insurance with the
following types of coverage and associated limits:
(a) Property Policy to insure the Works in an amount equal to the full
replacement cost of the Works, without deduction for depreciation;
(b) General liability coverage to a limit of $5,000,000;
(2) Any insurance obtained under this Section shall name the Region as
additional insured so that it is protected from claims by third parties, is protected
from claims by insurers, and, in the case of insurance insuring against major
perils, is able to receive the proceeds for the purposes of correcting any
deficiencies arising as a result of any perils insured against which are not being
rectified by the Owner.
(3) No policy of insurance shall contain a clause for exclusion for blasting.
(4) All insurance policies shall specify that they shall not be cancelled or
changed to reduce the coverage unless the insurance company has given thirty
(30) days prior wrilten notice to the Region.
(5) Certificates of insurance selting out the essential terms and conditions of
the insurance shall be provided to the Region prior to the Region executing this
Agreement and shall be continued until the Final Acceptance Leiter has been
issued. The certificate of insurance shall be in a form satisfactory to the Region's
Treasurer.
(6) The issuance of any policy of insurance shall not be construed as relieving
the Owner from responsibility from other or larger claims, if any, for which the
Owner may be held responsible.
Indemnification
24. Until the Final Acceptance Leiter has been issued, the Owner shall indemnify and
save harmless the Region from all losses, damages, costs, expenses, claims,
demands and actions of every nature and kind whatsoever including death or
injury (collectively referred to as "losses") arising directly or indirectly from the
design, installation, maintenance or operation of the Works or any other
obligation of the Owner under this Agreement, whether or not such losses are
incurred by reason of negligence on the part of the Owner and whether such
losses are sustained by the Region, the Owner or their employees, workmen,
servants, agents or councillors or any other person or corporation.
DEFAULT
Events of Default
25. The Owner shall be in defau~ under this Agreement if,
(a) the Owner fails to install or maintain any part of the Works as required by
this Agreement or falls to carry out any other obligation under this
Agreement; or
(b) the Region receives legal notice, or otherwise finds, that the Owner has
ceased to carry on business, whether such cessation of business is
voluntary or involuntary.
Page 9
Remedies of Default
26. If the Owner is in default and such default has continued for a period of seven (7)
days (or such ionger period as may be reasonably required in the circumstances
to cure the default) after receipt of notice from the Region setting out the
particulars of the default, the Region may enter upon the Lands and do all such
matters and things as are required to remedy the default, including the repair or
reconstruction of faulty work and the replacement of substandard materials.
Nothing in this Section shall require the Region to give notice in any situation
deemed by the Region to be an emergency.
27. Actual costs incurred by the Region in carrying out any remedial work plus twenty
five (25%) percent of such costs as a charge for overhead (to be construed as a
liquidated amount, not as a penalty) shall be paid by the Owner to the Region.
28. The Region may draw upon the Letter of Credit to satisfy any costs associated
with remedying any default.
29. Failure by the Region to exercise any of its rights, powers or remedies under this
Agreement or any delay in doing so shall not constitute a waiver of those rights,
powers or remedies. The single or partiai exercise of a right, power or remedy
shall not prevent its subsequent exercise or the exercise of any other right, power
or remedy.
OTHER MATTERS
Notice of Agreement
30. This Agreement shall be registered against title to the Lands and shall be
enforceable against the Owner and all subsequent owners of the Lands.
31. The Owner shall give to every purchaser of any part of the Lands actual notice of
the existence and the terms of this Agreement and include such notice in any
offer to purchase or other similar document dealing with the Lands.
32. At the request of the Owner, the Region shall release this Agreement from title to
the Lands provided the Final Acceptance Letter has been issued and the Owner
has paid to the Region the Region's fee and registration expenses for such
release.
Postponement
33. All rights and interests which the Encumbrancer has in the Lands are hereby
postponed to this Agreement and any easement given pursuant to this
Agreement.
Conveyances
34. (1) The Owner shall conveyor ensure that the necessary party conveys to the
Region on the signing of this Agreement the lands and interests in land set out in
Schedule B. Any such conveyances shall be in a form acceptable to the
Regional Solicitor.
(2) The Owner shall convey to the Region, when so required by the Region, a
sanitary sewer easement from the south limit of the lands to the northeast limit of
the Lands. The width and location of the easement shall be determined by the
Region at such time as an environmental assessment for a future sanitary trunk
sewer to be located on the Lands has been completed.
Page 10
Connection Approvals
35. Prior to making connection to the sanitary sewers and watermains being installed
under the terms of this Agreement, the Owner shall obtain connection approvals
from the Region. The Region shall not issue a connection approval until the
Completion Acceptance Letter has been issued.
Further Assurances
36. The Owner shall execute such further assurances of the rights hereby granted as
deemed necessary by the Region.
Notices
37. (1) Any notice to the Owner under Section 26 shall be in writing and shall be
delivered to the following address:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3AB
Attention:
Fax No.
Mr. George Acorn, Facilities Manager
905-623-5506
(2) Notice shall be sufficiently given if,
(a) delivered in person;
(b) sent by registered mail; or
(c) sent by facsimile transmission during normal business hours on a
business day.
(3) Each notice sent shall be deemed to have been received,
(a) on the day it was delivered;
(b) on the third business day after it was mailed (excluding each
business day during which there existed any generai interruption of
postal services due to strike, lockout or other cause); or
(c) on the same day that rt was sent by facsimile transmission or on the
first business day thereafter if the day on which it was sent by
facsimile transmission was not a business day.
(4) The Owner may change its address for notice by giving notice to the
Region's Clerk in the manner provided in this Section.
Successors and Assigns
38. This Agreement shall enure to the benefit of and shall be binding upon the
parties hereto and their respective heirs, executors, administrators, successors
and assigns.
Page 11
IN WITNESS WHEREOF the parties have executed this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
2007/ /
Name:
Title:
2007/ /
Name:
Title:
l!We have authority to bind the Corporation
THE REGIONAL MUNICIPALITY OF DURHAM
2007/ /
Roger Anderson, Regional Chair
2007/ /
P.M. Madill, Regional Clerk
Page 12
SCHEDULE A
SOLICITOR'S CERTIFICATE
TO: THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
I, , a Solicitor duly qualified to practise law in the Province
of Ontario, do hereby certify that the Owner is the owner in fee simple of the Lands and
that there are no mortgages or other encumbrances upon the Lands or any part thereof
save and except the following:
NiL
This Certificate is given by me to the Region for the purpose of having the Region
act in reliance on it in executing the Servicing Agreement dated August 17, 2007 and for
certifying title to the Lands.
DATED at
, Ontario, this _ day of
,2007.
Soiicitor
Page 14
SCHEDULE C
APPROVED ENGINEERING DRAWINGS
Drawing No. SS-1, Project No.1 0-06603, Newcastle Community Centre, Site Servicing
Plan, by Marshall Macklin Monaghan. approved by the Region of Durham August 14,
2007.
Copies of the approved engineering drawings are available for viewing at Works
Department of The Regional Municipality of Durham
ATTACHMENT NO,:3
REPORT NO,: EGO-061-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-XXX
Being a By-law to authorize the execution of a Serving
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
connection and installation of Regional services on Rudell
Road.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-061-07, including the
recommendation that the Corporation of the Municipality of Clarington enter into
a Servicing Agreement with The Regional Municipality of Durham for the
connection and installation of services on Rudell Road,
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
The Regional Municipality of Durham.
BY-LAW read a first and second time this lOt" day of December, 2007.
BY-LAW read a third time and finally passed this lOt" day of December, 2007.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk