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HomeMy WebLinkAbout2008-140 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008 140 Being a By-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Baysong Developments Inc. for the purpose of pregrading a future development site in the Northglen West Neighbourhood. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-032-08, including the recommendation that the Corporation of the Municipality of Clarington enter into an Amending Agreement of Understanding for the purpose of pregrading a future development site in the Northglen West Neighbourhood. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1 . The Mayor and Clerk are authorized to execute an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and Baysong Developments Inc. BY-LAW read a first and second time this 14th day of July, 2008. BY-LAW read a third time and finally passed this 14thth day of July, 2008. ------ '/ y, Mayor' . ~ - -"- 'D8RUG05 Pll '1'06'10 This AMENDING AGREEMENT OF UNDERSTANDING made as of the 1 day of l\"1"!;''{ 2008. BET WEE N: Baysong Developments Inc. (hereinafter called the "Owner") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS: A, The Owner is the owner of the lands more particularly described in Schedule "A" hereto ("Lands"); B. The Owner has applied to the Municipality for final approval of subdivision plans for the Lands, and such approval has not been granted as yet; C. The Owner has requested that the Municipality's Director of Planning Services and Director of Engineering Services ("Director") approve a tree preservation plan respecting trees ("Protected Trees") now located on the Lands. The tree preservation plan was prepared by Niblett Environmental Associates Inc., dated April 2007. The Director of Engineering Services has given his approval in principle to the Tree Preservation Plan. The Owner wishes to pregrade on the Lands which will not affect Protected Trees; D. The Owner has requested that the Municipality permit it to pregrade Lands prior to approval being granted of Plans of Subdivision, pursuant to the Planning Act, and the approval and registration on title of a final plan of subdivision to implement draft Plans of Subdivision S-C-2007 -0004. E. At its meeting on July 14, 2008, Council approved the Owner's request set out in Recital D; F. Also, at its meeting on July 14, 2008, Council passed By-law 2008-140 to authorize the execution of this Amending Agreement of Understanding by the Mayor and Municipal Clerk on behalf of the Municipality; - 2- NOW THEREFORE THIS AMENDING AGREEMENT OF UNDERSTANDING WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of $2.00 of lawful money of Canada now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1.0 Definitions (1) In this Amending Agreement of Understanding the term: (a) "Damaged Services" has the meaning assigned to it in paragraph 6.1 of this Amending Agreement of Understanding. (b) "Director" has the meaning assigned to it in Recital C of this Amending Agreement of Understanding. (c) "Lands" has the meaning assigned to it in Schedule "A" of this Amending Agreement of Understanding. (d) "Occupational Health and Safety Act" means the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 as it may be amended or replaced from time to time. (e) "Performance Guarantee" has the meaning assigned to it in paragraph 7.1 of this Amending Agreement of Understanding. (f) "Permitted Work" has the meaning assigned to it in paragraph 3.1 of this Amending Agreement of Understanding. (g) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended. (h) "Protected Trees" has the meaning assigned to it in Recital C of this Amending Agreement of Understanding. (I) "Tree Preservation Plan" has the meaning assigned to it in Recital C of this Amending Agreement of Understanding. Ul "Unprotected Trees" has the meaning assigned to it in Recital C of this Amending Agreement of Understanding. (k) "Workplace Safety and Insurance Act, 1997" means the Workplace Safety Insurance Act, 1997 as it may be amended or replaced from time to time. - 3- 2.0 Schedules 2.1 The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Amending Agreement of Understanding as fully and for all purposes as would be the case if they were set out in the text of this Amending Agreement of Understanding as covenants and agreements of or by the Party or Parties referred to therein: Schedule "A" - Schedule "8" - Schedule "C" - Schedule "0" - Schedule "E" - Schedule "F" - "Legal Description of the Lands" "Regulations for Construction" "Erosion and Sedimentation Control" "Insurance Required" "Permitted Work Cost Estimate" "Duties of Owner's Engineer" 3.0 Permitted Work 3.1 Conditional on compliance with this Amending Agreement of Understanding, the Municipality agrees to permit the Owner to undertake and complete stripping and stockpiling of topsoil, cutting and filling, and pregrading consistent with the engineering grading plans prepared by Sernas Associates ("Permitted Work") preparatory to the future development of the Lands for residential purposes prior to the registration on title to the Lands of a final plan of subdivision to implement the draft Plan of Subdivision and a Subdivision Agreement. 3.2 The Owner shall not undertake any work on the Lands other than Permitted Work until the earlier of (1) the Director giving written notice to the Owner that the Permitted Work has been completed to the Director's satisfaction, (2) the date of registration of a final plan of subdivision on the title to the Lands to implement draft Plan of Subdivision, and (3) the date of registration of a Subdivision Agreement between the Owner and the Municipality respecting the Lands to implement a condition of approval of draft Plan of Subdivision. 3.3 At all times while undertaking and completing the Permitted Work, the Owner shall ensure that the Tree Preservation Plan is complied with and that Protected Trees are not cut, removed or damage in any way while the Permitted Work is undertaken and completed. 3.4 In exercising its rights and in performing its covenants under this Amending Agreement, the Owner shall comply with regulations and laws of general application and all by-laws of the Municipality and the Region. Without limiting the generality of the foregoing, at all times the Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and services in connection with the undertaking and completing of the Permitted Work to comply -4- with the provisions of the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997 and with the Regulations for Construction contained in Schedule "8" hereto. 3.5 The Owner shall at all times comply with the Erosion and Sedimentation Control Plan referred to in Schedule "C" hereto and comply with the provisions of Schedule "D" respecting insurance required. 3.6 The Owner shall not commence the construction and installation of any improvement including without limitation, underground services and roadworks until a final plan of subdivision to implement draft Plan of Subdivision and a Subdivision Agreement between the Owner and the Municipality are registered on the title to the Lands. 3.7 With respect to the Permitted Work referred to in paragraphs 3.1 and 3.2, the Owner shall comply with each of the following conditions before commencing the Permitted Work: (a) the Owner shall have deposited with the Municipality the "Performance Guarantee" (as hereafter defined) required by paragraph 7.1 of this Amending Agreement of Understanding; (b) the Owner shall have deposited with the Municipality's Director of Financerrreasurer the policy of insurance or proof thereof required by paragraph 7.5 of this Amending Agreement of Understanding; and (c) the Owner shall have deposited with the Director written approval of the Central Lake Ontario Conservation Authority with respect to the Permitted Work, as provided in Schedule "C" hereto. 4.0 Inspection and Stop Work 4.1 The Owner shall ensure that every contract made by the Owner with any contractor to construct or install any of the Permitted Work shall provide that employees or representatives of the Municipality may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders given by the Director. The Director may give the Owner a written order to stop the construction or installation of the Permitted Work by giving written notice to the Owner or to the Owner's Engineer to that effect if (1) in the Director's opinion the Permitted Work is not being undertaken and completed in accordance with this Amending Agreement of Understanding, or (2) the Performance Guarantee has not been deposited or is not maintained in good standing. The Owner shall comply with a stop work order forthwith after it is given by the Director and shall require its contractor to comply with the stop work order after forthwith. -5- 5.0 If Permitted Work Incomplete 5.1 Without derogating from the other provisions of this Amending Agreement, if, in the opinion of the Director: (1) the Permitted Work or any component(s) thereof is being improperly undertaken, or (2) the Owner neglects or abandons the Permitted Work or any part of it before completion, or (3) unreasonable delay occurs in the completion of the Permitted Work, or (4) for any other reason the Permitted Work is not being installed or completed properly and promptly and in full compliance with the provisions of this Amending Agreement, or (5) the Owner refuses or neglects to install trees to replace Protected Trees that in the opinion of the Director have been removed or damaged contrary to the provisions of this Amending Agreement of Understanding, or (6) the Owner otherwise defaults in performance of this Amending Agreement, the Director may give the Owner notice in writing of his opinion respecting any such matter. Following the later to occur of the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory holidays following the giving of such notice plus the expiry of any additional period as may be specified in the notice given to the Owner by the Director, the Municipality, at the cost and expense of the Owner, may engage a contractor, a supplier of supplies, services, trees, seeds or vegetation, and workmen, and purchase such supplies, services, trees, seeds and vegetation as in the opinion of the Director are required either for the completion of the Permitted Work, for the replacement of Protected Trees, or for the restoration of the Lands by planting grass and vegetation on it to the satisfaction of the Director. The cost of the purchases and work undertaken by the Municipality under this paragraph 5.1 shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the Owner is responsible under this paragraph 5.1 (1) shall include a management fee payable to the Municipality either of thirty percent (30%) of the contractor's charges to the Municipality (including any charges for overhead and profit) or, if such purchases or work is undertaken by the Municipality, thirty percent (30%) of all costs incurred by the Municipality. The Owner shall pay the Municipality an amount equal to the cost of all purchases and work undertaken by the Municipality under this paragraph 5.1 or as estimated in the Director's absolute discretion to be likely to be incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are known the Director shall give the Owner written notice thereof. If the actual costs are more than the estimated costs, the Owner shall forthwith pay the Municipality an amount equal to the difference between them. If the actual costs are less than the estimated costs, the Municipality shall forthwith refund the difference between them to the Owner. 6.0 DamaQed to ExistinQ Services - 6 - 6.1 Forthwith after written demand therefore is given by the Director to the Owner, the Owner shall pay to or to the direction of the Municipality, the cost of repairing any damage to any property or services of the Municipality, the Region, Hydro One, Veridian or any utility authority or company (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 the Permitted Work, 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 works, property or services in question. 7.0 Performance Guarantee and Insurance 7.1 Prior to the commencement of the Permitted Work, the Owner shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedule "I" of the Bank Act, acceptable to the Municipality's Director of Finance/Treasurer, and containing terms satisfactory to the Municipality's Director of Finance/Treasurer. The deposit shall be in the total amount of the Permitted Work Cost Estimate set out in Schedule "E" hereto of $320,000.00 determined by the Director to be the amount required to secure to the Municipality the performance by the Owner of its covenants contained in this Amending Agreement of Understanding. If from time to time following the date of making of this Amending Agreement of Understanding, the Director is of the opinion that the amount of the Performance Guarantee should be increased in order to protect the Municipality's interests under this Amending Agreement, forthwith after the Director gives written notice to the Owner requiring an increase in the amount of the Performance Guarantee, the Owner shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a bank listed in Schedule "I" of the Bank Act that is acceptabie to the Municipality's Director of Finance/Treasurer and contains terms satisfactory to the Municipality's Director of Finance/Treasurer. (The cash deposit(s) or letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph is called the "Performance Guarantee"). In the event that the Owner does not increase the amount of the Performance Guarantee, the permission given by the Municipality to the Owner to undertake the Permitted Work shall terminate. 7.2 From time to time the Municipality may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount(s) which in the opinion of the Director is required to remedy the Owner's breach(es) or default(s) of or under the provisions of this Amending Agreement. Forthwith after making each such appropriation, the Director shall give the Owner written notice thereof and the Owner shall forthwith reinstate the Performance Guarantee to the full amount -7- required by this Amending Agreement. If the whole or any portion of the Performance Guarantee is appropriated by the Municipality as aforesaid and is not fully expended by the Municipality, the Owner agrees with the Municipality that the Owner 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 the Owner, to the bank which issued the letter of credit for deposit as the Performance Guarantee, as directed by the Owner or the bank, as the case may be. 7.3 Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be ccnstructed and installed by the Owner. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Director of Finance/Treasurer as the Performance Guarantee as amount equal to the sum of the value of the uncompleted portion of the Permitted Work having regard for the Permitted Work Cost Estimate then in force plus any amount determined by the Director but not to exceed twenty percent (20%) of such value as a ccmpletion allowance payable to the Municipality, after considering the material, if any, submitted to the Director by the Owner's Engineer in support of an application for reduction of the Performance Guarantee in respect of the Permitted Work that has been completed by the Owner. 7.4 The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued by the Director for the Permitted Work. (b) Any restoration of trees and stabilization work on the Lands required by the Director has been completed to the Director's satisfaction as expressed in a notice in writing given by the Director to the Owner. (c) The Director is satisfied that in respect of the Permitted Work there are no outstanding claims relating to it. (d) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Amending Agreement. - 8 - 7.5 The Owner shall obtain and maintain and deposit the proof thereof as required by Schedule "c" in accordance with Schedule "D" of this Amending Agreement of Understanding. 7.6 The Municipality and the Owner acknowledge and agree that Permitted Work to be performed by the Owner under this Amending Agreement will also form part of the "Works" to be completed by the Owner under the Subdivision Agreement to be entered into between the Owner and the Municipality in respect of draft Plan of Subdivision (the "Subdivision Agreement") and that the letter of credit to be deposited under this Amending Agreement to secure performance by the Owner of the Permitted Work (the "Letter of Credit") will also secure performance by the Owner of such items forming part of the Works under the Subdivision Agreement. In accordance with the forming, as long as the Letter of Credit remains posted with the Municipality under this Amending Agreement, notwithstanding the terms of the Subdivision Agreement, the Municipality shall not require that the Owner also secure the performance of the Permitted Work as part of the Works under the Subdivision Agreement and, in connection therewith, in the event that at the time any letters of credit are to be posted under the Subdivision Agreement, the Letter of Credit posted under this Amending Agreement remains on hand with the Municipality, such letters of credit to be posted under the Subdivision Agreement shall be reduced by the amounts then outstanding and secured by the Letter of Credit to be posted under this Amending Agreement, the understanding being that the security posted under this Amending Agreement shall not be nor shall it form a duplication of any of the security to be posted under the Subdivision Agreement. 8.0 Pavment of Municipality's Costs 8.1 The Owner shall reimburse the Municipality for all reasonable legal, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Amending Agreement of Understanding and the reasonable cost of all legal services contemplated by the terms of this Amending Agreement of Understanding, which include the review of the Performance Guarantee, provided that services have actually been performed for the Municipality. The Owner shall also pay to the Municipality the Engineering and Administration fees set out in the Permitted Work Costs Estimate contained in Schedule "F" hereto. - 9 - 9.0 Indemnification of Municipalitv 9.1 The Owner shall defend, indemnify and save the Municipality harmless from and against all actions, ciaims, 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 Amending Agreement of Understanding, or the design, construction and installation, removal of trees from the Lands or damage to Protected Trees, and the supervision of the undertaking and completion of the Permitted Work by the Owner, its employees, contractors, suppliers of services or materials, the Owner's Engineer, the Owner's Engineer's employees, and the Owner's licensees. 10.0 Owner's EnQineer 10.1 The Owner has appointed Sernas Associates as the Owner's Engineer under this Amending Agreement of Understanding. The Owner shall cause the Owner's Engineer to perform the duties set out in Schedule "F" hereto. 11.0 Successors 11.1 This Amending Agreement shall enure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. 12.0 Notice 12.1 If any notice or other document is required to be or may be given by the Municipality or by any official of the Municipality to the Owner by this Amending Agreement of Understanding, such notice shall be transmitted by telefax, maiied by first class prepaid post or delivered to: The Owner: Baysong Developments Inc. 30 Wertheim Court, Suite 9 Richmond Hill, Ontario L4B 1 B9 Attention: Mr. Wayne Hancock, P.Eng. Facsimile: 905-881-1026 The Municipality: The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Attention: Director of Engineering Services Facsimile: 905-623-9282 or such other address of which the Owner has notified the Municipality in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Amending Agreement of Understanding and shall be effective from the date which it is so mailed or delivered. 13.0 Time of Essence - 10- 13.1 Time is of the essence of this Amending Agreement of Understanding. 14.0 Authoritv to Make Amendina Aareement 14.1 The Owner acknowledges and agrees that the Municipality has authority to enter into this Amending Agreement of Understanding, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Amending Agreement of Understanding is made by the Municipality in reliance on the acknowledgement and Amending Agreement of the Owner as aforesaid. IN WITNESS WHEREOF the Parties hereto have hereunto have 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: 41-) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON - -- (".;uNC ft1Au~/ Name: Title: &S/~ - 11 - SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Amending Agreement which has been authorized and approved by By-law No, 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of July, 2008, LEGAL DESCRIPTION OF LANDS Those lands and premises being more particularly described as: Phase 1 (including future school block), Part of Lots 13 and 14, Concession 3, Former Township of Bowmanville, now in the Municipality of Clarington, Regional Municipality of Durham, lands as shown on Plan 88239L-ERS-101. - 12- SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Amending Agreement which has been authorized and approved by By-law No. 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of July, 2008. REGULATIONS FOR CONSTRUCTION 1. GENERAL All work pursuant to and associated with this Amending Agreement shall be carried out in strict conformity with all approved Engineering Drawings, the Tree Preservation Plan and all applicable legislation, in addition to the provisions of this Amending Agreement of Understanding. 2. SAFETY The Owner shall ensure that all construction, installation and tree removal pursuant to and associated with this Amending Agreement is carried out in conformance with the Occupational Health and Safety Act, and other applicable legislation. 3. PERMITS AND APPROVALS The Owner shall ensure that any and all permits and approvals required to install or construct or prepare to install or construct any of the Permitted Work pursuant to or associated with any part of this Amending Agreement have in fact obtained and are valid and in good standing. 4. DISPOSAL OR CONSTRUCTION GARBAGE The Owner shall remove and dispose of all garbage, cut trees and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. If the Owner fails to remove construction, cut trees or debris from the Lands for a period of three (3) consecutive days following the giving of written notice by the Director to the Owner requiring it to do so, the Director may cause the garbage, cut trees or debris to be removed to and disposed of at a dumping site approved by the Director at the expense of the Owner. Forthwith after the Director gives written notice to the Owner requiring it to pay for the costs incurred in removing and disposing of the garbage, cut trees or debris, the Owner shall pay the Municipality the amount of money for it is invoiced. 5. MAINTENANCE. CLOSING AND USE OF EXTERNAL ROADS The Owner, at all times during the life of this Amending Agreement of Understanding, ensure that during any construction on the said Lands, all public highways abutting the - 13- said lands and all public highways used for access to the said lands, shall be maintained in a condition at least equal to their condition on the date as of which this Amending Agreement is made, and in all cases to the satisfaction of the Director. At all times, the Owner shall maintain all such highways free of dust and mud which originate from the lands. If, in the opinion of the Director, a highway has been damaged as a result of the construction, installation of the Permitted Work as a result of any action or default by any person other than the Municipality, its agents, employees or contractors, forthwith after the Director gives the Owner written notice of his opinion, the Owner, at the Owner's expense, shall repair such road to the condition which is at least equal to its condition immediately prior to the date of such damage, to the satisfaction of the Director. No highway outside the limits of the said lands shall be closed without the prior written approval of the authority having jurisdiction over such highway. The Owner agrees not to use or occupy any untravelled portion of any road allowance without the prior written approvai of the authority having jurisdiction over such road allowance. 6. WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the lands a program of weed and rat controi to the satisfaction of the Director. - 14- SCHEDULE "C" THIS SCHEDULE IS SCHEDULE "C" to the Amending Agreement which has been authorized and approved by By-law No. 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of July, 2008. EROSION AND SEDIMENTATION CONTROL The Owner shall submit the following reports to the Municipality and the Central Lake Ontario Conservation Authority, prior to undertaking the Permitted Work, for review and approval: (a) the means whereby erosion and sedimentation and their effects will be minimized on-site during and after construction, in accordance with the provincial "Guidelines on Erosion and Sediment Control for Urban Construction sites" and the Technical Guidelines - Erosion and Sediment Control, February 1989, published by the Ministry of Natural Resources; and (b) an erosion and sediment control plan for the development site be prepared and stamped by a registered professional engineer. The plan must outline all actions to be taken to prevent an increase in the concentration of suspended solids in any water body as a result of on-site or other related works. Any increase of suspended solids or sediment loading may be a violation of the Canada Fisheries Act. If warranted, charges may be applied under this Act to the proponent and their agents. - 15 - SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "0" to the Amending Agreement which has been authorized and approved by By-law No. 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of Juiy, 2008. INSURANCE REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipality's Director of Finance/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 injury to any person or persons inciuding workmen employed on the Lands and the public; (b) any loss or damage that shall or may result from the drainage of surface water on or from the said Lands; and (c) 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 Owner undertaking the development of the said Lands together with any or all of the Works, Utilities and Services pertaining thereto. 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the following minimum coverages for $5,000,000.00 for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility for other or larger claims for which it may be held responsible. - 16- 3. TERMS OF INSURANCE The term of the required insurance shall commence no later than the day on which this Amending Agreement of Understanding is made and shall terminate no earlier than the last day on which a Certificate of Completion of the Permitted Works has been issued by the Director. - 17 - SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Amending Agreement which has been authorized and approved by By-law No. 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of July, 2008. PERMITTED WORK COST ESTIMATE DESCRIPTION ORIGINAL AMOUNTS 1. Clearing/Grubbing/Erosion Protection $78,710 2. Pre-grading Restoration 174,733 Sub-Total $253,443 10% Contingency 25,344 Sub-Total $278,787 10% Engineering and Administration 27,880 Sub-Total $306,667 5% GST 15,333 TOTAL $322,000 Required Letter of Credit or Cash Deposit - 18 - SCHEDULE "F" THIS SCHEDULE IS SCHEDULE "F" to the Amending Agreement which has been authorized and approved by By-law No. 2008-140 of The Corporation of the Municipality of Clarington, enacted and passed the 14th day of July, 2008. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirements of this Amending Agreement, the Owner's Engineer shall prepare all drawings, plans, studies, reports, estimates, calculations and documentation for the consideration and approval of the Director, which include: (a) the Engineering Drawings and other related Drawings respecting the Permitted Works; (b) the Grading Plans, Drainage Plans, Erosion and Sedimentation Control Plan, Tree Preservation Plan, and other related Plans; (c) the Permitted Work Costs Estimate; and (d) all documentation and verification to support Performance Guarantee reduction submissions. The approval of the Director shall not absolve or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, reports, stages or documentation or from liability for any damage or loss caused or resulting directly or indirectly by the Owner's Engineer. 2. REPRESENT OWNER AND OST AIN MUNICIPALITY APPROVALS The Owner's Engineer is hereby authorized by the Owner to act as the Owner's representative in all matters pertaining to the design, construction and installation of the Permitted Work, 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 Permitted Work. 3. PROVIDE RESIDENT SUPERVISION - 19 - The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection service during all phases of the construction and installation of the Permitted Work. Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible for the following: (a) To carry out or arrange for the carrying out by qualified personnel of field layout including the provision of line and grade to the contractors and, where required, restaking. (b) To thoroughly inspect the construction, installation, and supply of materials to ensure that all Permitted Work is being performed in accordance with the Engineering Drawings, the Tree Preservation Plan and all applicable law. The Owner's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material which in his opinion does not comply with the Engineering Drawings, the Municipality's Design Criteria and Standard Drawings, and/or the applicable law. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records, data, reports, approvals and orders pertaining to the construction and installation including all contract documents, sub- contracts and supply contracts, payment certificates, payment records and receipts, certificates of substantial performance, the names and addresses of all contractors, sub- 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 the Owner or the Owner's Engineer pursuant to this Amending Agreement, the Owner's Engineer immediately after becoming apprised of each change shall give the Director written notice of it. 5. PROVIDE PROGRESS REPORTS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation of the Permitted Work on a monthly basis, or at such other interval as approved by the Director.