HomeMy WebLinkAboutENG 04-26
Report to
Executive Committee
Report Number: ENG 04-26
Date: April 7, 2026
From: Richard Holborn
Director, Engineering Services
Subject:
Park Construction Agreement with Mattamy (Seaton) Limited
for Dave Ryan Community Park
File: A-1440
Recommendation:
1. That the City of Pickering enter into a Park Construction Agreement with Mattamy (Seaton)
Limited to facilitate the design and construction of Dave Ryan Community Park;
2. That the Mayor and City Clerk are hereby authorized to execute the Park Construction
Agreement between the City of Pickering and Mattamy (Seaton) Limited in substantially the
same form as attached to this report, subject to revisions acceptable to the Director,
Engineering Services and the Director, Corporate Services & City Solicitor;
3. That Council authorize the Director, Finance & Treasurer to finance the gross project cost
of $6,606,255.00 (HST included) and net project cost of $5,949,137.00 (net HST) as
outlined in the Park Construction Agreement and approved in the 2020 and 2023 Capital
Budgets as follows:
a. the sum of $3,661,100.00 available budget, funded from the Development Charges
Parks & Recreation Reserve Fund be increased to $5,800,409.00 and funded from the
same source;
b. the sum of $93,900.00 available budget, funded from the Seaton Landowner Group FIA
Reserve Fund be increased to $148,728.00 and be funded from the same source; and
4. That the appropriate officials of the City of Pickering be authorized to take the actions
necessary to implement the recommendations in this report.
1. Executive Summary:
The purpose of this report is to obtain Council’s approval to enter into a Park Construction
Agreement with Mattamy (Seaton) Limited, to facilitate the design and construction of Dave
Ryan Community Park, which is located at the southeast corner of Alexander Knox Road and
Mulberry Lane. The park will include a full-size lit soccer pitch, a lit ball diamond, one lit tennis
ENG 04-26 April 7, 2026
Page 2
court, four lit dedicated pickleball courts, a large junior and senior playground, a splashpad, a
half-court basketball, a comfort station, and on-site parking.
The subject site is currently under the ownership of Infrastructure Ontario but is in the process
of being transferred to City of Pickering ownership as required in the Seaton Community
Master Parks Agreement. Mattamy (Seaton) Limited, who have developed the lands to the
south of the park through Plan 40M - 2734, would like to enter into a Park Construction
Agreement, to facilitate the construction of the park. They have retained the design
consultants, obtained bids from reputable contractors and have negotiated a fair and
reasonable market price for the construction of all the park features.
The costs for the base construction work will be funded by the Seaton Landowner Group as
their obligation in the Seaton Community Master Parks Agreement. The costs to develop the
park are to be funded by the City of Pickering. Mattamy (Seaton) Limited have agreed to pay
for the construction of the splash pad area, valued at approximately $250,000 as their
contribution to the project for the community. The City’s share of the design and construction
costs of the park, including a construction contingency is $5,843,327.00 (HST excluded). This
amount will be carried as the maximum amount for City reimbursement to Mattamy (Seaton)
Limited in the Park Construction Agreement. Funds were approved in the 2020 Parks Capital
Budget for the construction of this park, and additional funds were approved in the 2023 Parks
Capital Budget to top up this amount to cover the estimated construction cost of $3,755,000.
With the delay in construction start, construction costs have increased substantially. The
current estimated net project cost, including design, construction, contract administration, a
10% contingency, and building permit fees is $5,949,137.00 (net HST) or $6,606,255.00 (HST
included).
2. Relationship to the Pickering Strategic Plan:
The recommendations in this report respond to the Pickering Strategic Plan Priority of
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Advance Innovation &
Responsible Planning to Support a Connected, Well-Serviced Community.
3. Financial Implications:
1. Park Construction Agreement Amount
Park Construction Agreement
Total Cost (Consulting, Construction & Contingency) $5,843,327.00
HST (13%) 759,633.00
Gross Construction Cost 6,602,960.00
HST Rebate (11.24%) (656,790.00)
Net Construction Cost $5,946,170.00
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Page 3
2. Estimated Project Cost Summary
Park Construction Costs $4,775,404.00
Construction contingency 467,500.00
Consulting Costs 600,423.00
Building Permit Fee 2,916.00
Total Project Cost 5,846,243.00
HST (13%) 760,012.00
Gross Construction Cost 6,606,255.00
HST Rebate (11.24%) (657,118.00)
Net Construction Cost $5,949,137.00
3. Approved Source of Funds Available
Expense Code Source of Funds Budget Required
C10320.2023 Development Charges – Parks &
Recreation Reserve Fund
$3,661,100.00 $5,800,409.00
C10320.2023
Seaton Landowner Group FIA
Reserve Fund
$93,900.00 $148,728.00
Total $3,755,000.00 $5,949,137.00
Net Project Cost Under (Over) Approved Funds ($2,194,137.00)
4. Discussion:
The purpose of this report is to obtain Council’s approval to enter into a Park Construction
Agreement with Mattamy (Seaton) Limited, to facilitate the design and construction of Dave
Ryan Community Park. This park, which is approximately 4.726 ha (11.678 ac) in area, is
located at the southeast corner of Alexander Knox Road and Mulberry Lane. The park is being
named after Dave Ryan who served on Pickering Council for 28 consecutive years (Resolution
#977/22). He was a City Councillor from 1994 to 2003 and the Mayor of the City of Pickering
from 2003 to 2022. The park will include a full-size lit soccer pitch, a lit ball diamond, one lit
tennis court, four lit dedicated pickleball courts, a large junior and senior playground, a
splashpad, a half-court basketball, a comfort station, and on-site parking.
The subject site is currently under the ownership of Infrastructure Ontario but is in the process
of being transferred to City of Pickering ownership as required in the Seaton Community
Master Parks Agreement. Mattamy (Seaton) Limited, who have developed the lands to the
south of the park through Plan 40M - 2734, have a servicing agreement with Infrastructure
Ontario, permitting them to undertake site alterations on the subject property in advance of the
land being transferred to the City. Mattamy (Seaton) Limited have retained Landscape
Architectural and Engineering consultants to design the park features in consultation with City
staff.
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Mattamy (Seaton) Limited invited seven reputable landscape contractors to provide a bid for
the park construction with four bidders responding. Lomco Limited, Landscape Contractors
from Whitchurch-Stouffville are Mattamy (Seaton) Limited’s lowest bid. Lomco previously
constructed Creekside Park in Duffin Heights and Rick Johnson Memorial Park in Seaton.
Their pricing is fair and reasonable, consistent with current market rates. The costs for the
base construction work such as site grading, topsoil spreading and sodding will be funded by
the Seaton Landowner Group as their obligation in the Seaton Community Master Parks
Agreement. The costs above base costs to develop the park are to be funded by the City of
Pickering.
The City’s share of the design and construction costs of the park, including a construction
contingency is $5,843,327.00 (HST excluded). This amount will be carried as the maximum
amount for the City reimbursement to Mattamy (Seaton) Limited in the Park Construction
Agreement. An amount of $2,916.00 has been carried in the estimated project cost for building
permit application fees for a gazebo and a four-season comfort station. Mattamy (Seaton)
Limited have agreed to pay for the construction of the splash pad area, valued at
approximately $250,000 as their contribution to the project for the community.
Funds were approved in the 2020 Parks Capital Budget for the construction of this park, and
additional funds were approved in the 2023 Parks Capital Budget to top up this amount to
cover the estimated construction cost of $3,755,000. With the delay in construction start,
construction costs have increased substantially. The current estimated net project cost,
including design, construction, contract administration, a construction contingency, and
building permit fees is $5,949,137.00 (net HST) or $6,606,255.00 (HST included).
Attachments:
1. Draft Park Construction Agreement
2. Location Map
Prepared By: Arnold Mostert, Manager, Landscape & Parks Development
Approved/Endorsed By: Richard Holborn, Director, Engineering Services
Approved/Endorsed By: Stan Karwowski, Director, Finance & Treasurer
Approved/Endorsed By: Paul Bigioni, Director, Corporate Services & City Solicitor
AM:am
Recommended for the consideration of Pickering City Council By:
Marisa Carpino, M.A.
ENG 04-26 April 7, 2026
Page 5
Chief Administrative Officer
This Agreement made April ____, 2026
B e t w e e n:
Mattamy (Seaton) Limited (the “Developer”)
and
The Corporation of the City of Pickering (the “City”)
Whereas certain lands located in the City of Pickering, Regional Municipality of Durham described as Part Lot 20, Concession 4, being Part 4, 40R-24146 (the “Lands”) will be conveyed from His Majesty the King in right of Ontario to the City (the “Conveyance”) for community park purposes upon which the City intends to construct a community park (the “Park”); and
Whereas the Developer and the City are parties to the Seaton Community Master Parks Agreement dated May 1, 2017 (the “MPA”). Pursuant to the MPA, a public park is required adjacent to the intersection of Alexander Knox Road and Mulberry Lane, Pickering; and
Whereas, the Developer agrees to complete construction of the said park and install all applicable services and appurtenances within sixteen (16) months from the date of authorization to commence works, as more particularly set out in this Agreement.
Now therefore this Agreement witnesseth that in consideration of the covenants and premises
contained herein and other good and valuable consideration, the parties hereto covenant and agree with each other as follows:
1.Status of this Agreement
(1)This Agreement is entered into and executed by the Developer for the purpose ofhaving the City act in reliance on the covenants by the Developer contained herein andthe Developer hereby waives any right or claim which it now has or may hereinafteracquire which is inconsistent with the terms of this Agreement.
(2)Time shall be of the essence of this Agreement.
2.Interpretation
(1)Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as
"he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewithshall be construed accordingly.
(2)Wherever in this Agreement the word “Director” is used, it shall mean the City’s
Director, Engineering Services.
3.Notice
(1)Any notice required in writing in this Agreement shall be delivered to the following
address:
to the Developer at:Address: 6696 Financial Dr., Mississauga, ON L5N 7J6Attention: Andrew Scott - Email: andrew.scott@mattamycorp.com
and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7Attention: City Clerk, Email: clerks@pickering.ca
(2)Notice shall be sufficiently given if delivered in person, sent by registered mail orelectronic means using the electronic method set forth above.
(3)Each notice shall be sent during normal business hours, on a business day and shall be
deemed to have been received as follows:
Attachment 1 to Report ENG 04-26
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(a) delivered in person – on the day it was delivered; (b) sent by registered mail – on the third business day after it was mailed (excluding
each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or (c) delivered by electronic means – at the time of such delivery. (4) The Developer may change its address for notice by giving notice to the Director in the
manner provided above. 4. Binding Parties This Agreement shall be enforceable jointly and severally by and against the Parties hereto,
their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of this Agreement. 5. Developer’s General Undertaking
The Developer shall complete the construction of the Park and the installations of services in a good workmanlike manner for the City, to the satisfaction of the City, and shall complete, perform or make payment for such other matters as may be provided for herein.
6. Construction and Installation of Works (1) The Developer shall obtain all required approvals and shall construct or install to City standards and shall provide to the City, complete in every detail, the following works and services (the “Works”) as shown on plans and drawings submitted by the
Developer’s Consultants to the City and approved by the Director, Engineering Services in accordance with the City’s specifications for such Works: Plan No. Plan Title
(1) C001 General Notes (2) C101 General Servicing Plan (3) C201 Grading Plan (4) C501 Pavement Marking & Signage Plan (5) C601 Stormwater Management (Plan View & Sections)
(6) C602 Stormwater Management (Details) (7) C901 Erosion and Sediment Control Plan (8) C902 Erosion and Sediment Control Plan (Notes and Details) (9) C1001 Details (1 of 3) (10) C1002 Details (2 of 3)
(11) C1003 Details (3 of 3) (12) L1.0 Layout Plan (13) L1.1 Grading Plan (14) L1.2 Subsurface Drainage Plan (15) L1.3 Planting Plan
(16) D1 to D16 Details (17) E1.0 Electrical Plan (18) E2.0 Electrical Plan & Details (19) E3.0 Electrical Details
(20) 1 to 8 Musco: Project Illumination Summary and Equipment Layout
(21) A1.00 Cover Sheet (22) A1.01 Drawing Index & OBC Data Matrix (23) A2.00 Construction Plan (24) A2.01 Construction Plan at Window Level
(25) A3.00 Reflected Ceiling Plan
(26) A3.01 Roof Plan (27) A4.00 Exterior Elevation 1 (28) A4.01 Exterior Elevation 2 (29) A5.00 Building Sections 1
(30) A5.01 Building Sections 2
(31) A5.02 Wall Sections & Details (32) A5.03 Construction Details (33) A6.00 Universal Washroom Details (34) A6.01 Men’s Washroom Details
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(35) A6.02 Women’s Washroom Details (36) A6.03 Barrier Free Standard Details
(37) A7.00 Schedules & Details (38) A8.00 Exterior/Interior Finish Board (39) SP1 Specifications 1 (40) SP2 Specifications 2 (41) S1 Structural Specifications
(42) S2 Structural Specifications (43) S3 Structural Specifications (44) S4 Foundation Plan and Details (45) S5 Roof Framing Plan and Details (46) S6 Typical Structural Details
(47) M1 HVAC Plan and Details (48) M2 Plumbing Plan and Details (49) M3 Mechanical Specifications (50) E1 Lighting Plan and Details (51) E2 Power Plan and Details
(52) E3 Panel Schedule and Details (53) E4 Electrical Specifications (2) Prior to commencing construction of the Works, the Developer agrees to obtain
approval of the City for the following: (a) the hiring of a qualified project Landscape Architect. The Landscape Architect shall manage the project from start to finish and ensure a consistent level of services and to maintain quality control;
(b) the conceptual park design, construction drawings and cost estimate; (c) the schedule of completion of work; and (d) the tender documents, the list of bidders and the contractor and bid selected. (3) The Developer agrees that the Developer’s Landscape Architect shall perform
construction inspection, as necessary and contract administration. Regular site meetings shall be arranged by the Developer’s Landscape Architect with City staff to ensure the construction is in conformance with City standards. All change orders shall be approved in writing by the City.
(4) If at any time prior to the acceptance of the Works, the Director is of the opinion that additional works are necessary to provide adequately any of the public services required by the project, the Developer shall construct, install or perform such additional works at the request of the Director.
7. Termination of Agreement The parties acknowledge and agree that this Agreement is conditional upon completion of the Conveyance on terms and conditions satisfactory to the City, in its sole discretion. In the event the City determines that the Conveyance will not proceed, the City shall provide written notice
to the Developer and this Agreement shall be terminated and neither party shall have any further obligations to the other hereunder. 8. Right to Enter
If it is necessary for the Developer to enter onto abutting/adjacent lands to complete any portion of the Works, the Developer must obtain a letter from the abutting/adjacent landowner, which authorizes the Developer, its officers, employees, agents and the City to enter onto their property to complete and inspect such Works. A copy of the written authorization shall be
provided to the Director, Engineering Services prior to the initiation of such Works.
9. Reliance by the City on this Agreement This Agreement is entered into and executed by the Developer for the purpose of having the
City act in reliance on the covenants by the Developer contained herein and the Developer
hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement.
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10. Authorization to Commence Work
The Developer shall not commence the construction or installation of any of the Works, without the written Authorization to Commence Work of the Director, which Authorization shall not be issued until all approvals for the Works have been obtained and,
(a) two copies of this Agreement executed by the Developer have been provided to the City;
(b) all insurance requirements, as noted in this Agreement, have been delivered to the City to the satisfaction of the City’s Treasurer and the Director, Engineering Services; (c) a Construction Management Plan has been submitted addressing such matters, among
other things, as sediment controls, road cleaning, access during construction, mud and
dust control during all phases of development, building material and soil storage areas, parking areas for construction workers during the servicing stage, topsoil stockpile location, working hours according to City By-laws and compliances with the City Noise By-law to the satisfaction of the Director, Engineering Services; and
(c) all approvals and permits have been obtained by the Developer from the appropriate
agencies, and from every adjacent owner whose lands must be entered upon in order to carry out such Works, to the satisfaction of the Director, Engineering Services. 11. Developer Consultants
(1) The Developer shall retain a Professional Engineer and Landscape Architect as the Consultants of the Developer (the “Consultants”) to carry out all the necessary engineering and landscape design and inspections and to supervise the Works required to be done pursuant to this Agreement.
(2) Such Consultants, or any successors thereto, shall continue to be retained until the Works required to be done are completed and formally accepted by the City. (3) The Developer may change Consultants at any time or times during the undertaking of such Works, so long as the Developer has Consultants retained at all times.
12. Guarantee of Works, Workmanship and Materials (1) The Developer shall guarantee all Works, workmanship and materials employed or
used in the construction, installation or completion of the Works, services and other requirements under this Agreement for a minimum period of two years (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the City.
(2) Despite any other provisions of this Agreement, the responsibilities of the Developer during the maintenance period shall include the maintenance of the Works, including the rectification of any unsatisfactorily installed Works. (3) Prior to the end of the maintenance period, the Consultants shall submit to the City, "as
built" construction drawings for the Works completed as per City standards, together with the Consultants’ certificates that those drawings accurately depict the Works as constructed. (4) Prior to the end of the maintenance period, the City will re-inspect the Works and if,
(a) the Works are acceptable; and (b) the Developer has performed all of its obligations under the terms of this Agreement to the satisfaction of the City,
the City will issue to the Developer a Final Acceptance Certificate at which time the City will assume ownership of the Works and the operation and maintenance thereof, and the maintenance period will then end.
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13. Failure to Complete / Improper Performance
(1) If, in the opinion of the Director, the Developer is not constructing or installing the Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or
executed carelessly or in bad faith, or has neglected or refused to renew or again perform Works rejected by the Director as defective or unsuitable, or has in any other manner, in the opinion of the Director, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify the Developer and his surety in writing of the default or neglect and if the notification be without effect for seven days,
then the Director shall have full authority to make any payment or do anything, including but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, at the cost and expense of the Developer or his surety, or both.
(2) In cases of emergency, in the opinion of the Director, such Director may act without prior notice but the Developer and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director, whose decision shall be final, and may be charged to the Developer, together with a 25 per cent
engineering and administration fee, by drawing upon the letter of credit filed with the City pursuant to this Agreement. 14. City Contribution to Construction of the Works
Notwithstanding anything else contained here, the City shall pay the Developer all of the Developer’s reasonable costs in the amount of $5,843,327.00 (excluding HST) for the design, contract administration, construction and installation of the Works within 30 days of receiving the Developer’s invoice provided that:
(a) construction of the Works is complete to the satisfaction of the Director; (b) the Developer has submitted a statutory declaration and progress payment certificate certifying that all invoices have been paid and that no liens exist and all contractors and subcontractors have verified receipt of payment; (c) the City is satisfied, acting reasonably, that all warranties on the Works will be
honoured; and (d) safe vehicular and pedestrian access, in the opinion of the Director, Engineering Services, has been provided to the park prior to the City taking over the maintenance responsibility for the park.
15. Use of Works Pending Completion/Emergency Repairs (1) Any of the Works may be used by the City, or by such other person or agency as may be authorized by the Director, Engineering Services, for the purposes for which the Works are designed, and such use shall not be deemed an acceptance of any of the
Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its obligations under this Agreement. (2) The City may make emergency repairs at any time to any of the Works and may for this
purpose enter the Lands at any time; such repair or entry shall not be deemed an
acceptance of any of the Works by the City, nor an assumption by the City of any liability in connection therewith, nor a release of the Developer from any of its obligations under this Agreement.
16. Road Maintenance and Repair/Snow Plowing
The Developer shall, (a) maintain all City roads outside the Lands, including boulevards and sidewalks, in a mud
and dust free condition and free of obstructions, where the source or cause of the mud,
dust or obstruction is an operation or operations related in any way to the Works; and
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(b) repair all City roads outside the Lands, including boulevards and sidewalks, where damage has occurred as a result of an operation or operations related in any way to the
Works, to the sole discretion and satisfaction of the Director, Engineering Services. In the event it is determined by the Director, Engineering Services that works are required to be done to satisfy the conditions above, the Developer shall compete such works within 24 hours of being
notified, in writing. 17. Occupational Health and Safety
(1) The Developer certifies that it is aware of its duties and obligations under the
Occupational Health and Safety Act, or any successor thereto, and all Regulations thereunder (herein called the “Act”), and shall ensure that its employees, contractors, subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act; and
(b) have sufficient knowledge and training to perform all Works and services
required pursuant to this Agreement safely and in compliance with the Act. (2) In the performance of all Works and services required pursuant to this Agreement, the Developers shall,
(a) act safely and comply in all respects with the Act; and (b) ensure that its employees, contractors, subcontractors and their employees act safely and comply in all respects with the Act.
(3) The Developer shall rectify any unsafe act or practice and any non-compliance with the
Act immediately upon being notified by any person of the existence of such act, practice or non-compliance. (4) The Developer shall permit representatives of the City on the site where any Works or services required pursuant to this Agreement are being performed at any time or times
for the purpose of inspection to determine compliance with this section. (5) No act or omission by the City or any representative of the City (including the entering into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Developer, its employees, contractors, subcontractors and their
employees under the Act. (6) In addition to the Developer’s general indemnification of the City, above, the Developer shall indemnify and save harmless the City,
(a) from any loss, inconvenience, damage or cost to the City which may result from the City or any of its employees, contractors, subcontractors and their employees failing to act safely or to comply in all respects with the Act in the performance of any Works or service required pursuant to this Agreement; and
(b) against any action or claim, or costs related thereto, brought against the City by any person arising out of any unsafe act or practice or any non-compliance with the Act by the Developer or any of its employees, contractors, subcontractors and their employees in the performance of any Works or service required
pursuant to this Agreement.
18. Pay Assurance (1) In this section,
(a) “Prime Contract” means a direct contract with the Developer for the construction of any of the Works; and (b) “Prime Contractor” means the party contracting with the Developer under a Prime Contract.
(2) The City shall not process a payment in favour of the Prime Contractor unless the amount claimed is at least twenty-five thousand dollars ($25,000.00).
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(3) The City shall be entitled to reimbursement of its administrative costs which shall be deducted from each payment processed in favour of the Prime Contractor in the amount
of either $3,000.00 or 2% of each payment processed, whichever is greater. (4) The Developer shall not make any claims against the City and hereby releases and agrees to indemnify the City of and from any claims arising as a result of any action taken under this section.
(5) The procedure set out in this section shall have no application in cases where the installation of the Works is done prior to execution of this Agreement. (6) The Developer shall make explicit reference to these pay assurance provisions in any
Prime Contract. (7) The City shall have no obligation to pay the Prime Contractor except in accordance with this section.
(8) The disputed payment under the Prime Contract shall be submitted to arbitration pursuant to the Arbitration Act, S.O. 1991, c.17, as amended. (9) The City shall pay monies out of escrow in accordance with the final award under the Arbitration Act, S.O. 1991, c.17, as amended.
19. Payment of Liens and Other Claims (1) The Developer shall discharge all claims for lien and vacate all certificates of action filed with the City or registered on title to any City-owned lands within thirty days of being
requested to do so by the City. (2) At the end of the Maintenance Period, as extended during any rectification period, the Developer shall file with the City a Statutory Declaration stating that,
(a) all materials have been supplied and all services and Works have been completed with respect to the construction and installation of Works and other services; (b) all accounts for work or service performed and materials placed or furnished
upon or in respect of the construction and installation of Works and other services have been fully paid and satisfied and no person is entitled to claim a lien or to demand payment under the Construction Act against the City or any City-owned land;
(c) there are no judgments or executions filed against the Owner; (d) nothing is owed by the Developer or claimed against it for unemployment insurance deductions, income tax deductions, or by way of contribution or assessment under the Workplace Safety and Insurance Act, 1997;
(e) the Developer has not made any assignment for the benefit of creditors, nor has any receiving order been made against it under the Bankruptcy and Insolvency Act, nor has any petition for such an order been served upon the Developer; and
(f) at least 60 days have passed since the completion of the construction, installation, and last rectification of the Works and services. 20. Payment of Interest on Overdue Amounts Payable
The Developer shall pay interest at the rate of fifteen percent (15%) per year to the City on all sums of money payable hereunder which are not paid on the due dates calculated from such due dates.
21. Insurance Requirements (1) Before commencing any of the Works provided for herein, the Developer shall supply the City with a certificate of insurance verifying that a liability insurance policy is in place in a form satisfactory to the City, naming the City as an additional insured and
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indemnifying the City from any loss arising from claims for damages, injury or otherwise in connection with the Works done by or on behalf of the Developer on the Lands.
(2) The policy shall, (a) name the City of Pickering as an additional insured; (b) set the minimum limit at $5,000,000.00 all inclusive for property damage and
personal liability; (c) indicate “per occurrence”; (d) refer to “products and completed operations” only; if the policy contains an “aggregate amount”; (e) contain a clause including blasting, if blasting is to occur; and
(f) remain in full force and effect until the Final Acceptance Certificate has been issued by the City. (3) The policy premium shall be paid initially for a period of one year and the policy shall be renewed for further one-year periods until the Final Acceptance Certificate has been
issued by the City. (4) The Developer acknowledges that, the City may, at its discretion, draw upon the Developer’s Letter of Credit to pay for:
(a) the Developer’s policy premium to keep adequate insurance in place until such time as the City has issued the Final Acceptance Certificate; and (b) the City’s administration fee of $250.00, plus HST, per renewal, if at any time, prior to the Final Acceptance Certificate being issued by the City, the
insurance policy referred to above is cancelled. (5) The provision of the insurance policy required by this section shall not relieve the Developer from liability for claims not covered by the policy or which exceed its limits, if any, for which the Developer may be held responsible.
22. Developer’s General Indemnity Until the Director, Engineering Services has issued the Final Acceptance Certificate for the Works, the Developer shall indemnify the City 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 failure to construct the Works pursuant to this Agreement or the Developer’s failure to comply in all respects with all other requirements under this Agreement, whether or not such losses are incurred by reason of negligence or on the part of the Developer and whether such losses are sustained by the
City, the Developer, or their employees, workmen, servants, agents or any other person or corporation. 23. Utility / Services
The Developer agrees that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Developer.
24. Other Approvals
Notwithstanding anything else contained in this Agreement, it is the responsibility of the Developer to obtain all permits and approvals from the Region of Durham, Toronto and Region Conservation Authority, Ministry of Natural Resources and Forestry, Ministry of the
Environment, Conservation and Parks and/or any other agency or utility company, as
necessary, respecting the Works. The Developer shall provide the City with a copy of all required permits and approvals.
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25. General Provisions
(1) The recitals at the head of this Agreement are true and accurate and form a part hereof.
(2) The parties hereto may only amend this Agreement by further agreement in writing executed by all parties hereto.
(3) All references to currency in this agreement shall be references to Canadian dollars.
(4) Words importing gender include all genders.
(5) The captions and headings contained herein are for reference only and in no way affect
this Agreement or its interpretation.
(6) In the event that any date specified or any date contemplated in this Agreement shall fall upon a day other than a business day, then such date shall be deemed to be the next following business day.
(7) This Agreement shall be construed and enforced in accordance with the laws of the
Province of Ontario and the laws of Canada applicable thereto and shall be treated in all respects as an Ontario contract.
(8) The Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs, successors and permitted assigns.
(9) The Developer shall execute such further assurances as may be reasonably necessary
to give effect to this Agreement.
(10) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed accordingly.
(11) Any reference made in this Agreement to a Director, it shall include the Director or
his/her designate.
(12) Schedule A attached hereto shall form part of this Agreement.
26. Binding Parties
This Agreement shall be enforceable by and against the parties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the
Developer contained herein shall run with the Lands for the benefit of the City and the land or interests in land owned by the City upon the registration of the plan.
27. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Agreement will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties.
10
In witness whereof the Developer and the City have duly executed this Agreement as of the date first written above.
Mattamy (Seaton) Limited
__________________________________________
Name: Title: __________________________________________
Name:
Title: I/We have the authority to bind the Corporation.
The Corporation of the City of Pickering
__________________________________________
Kevin Ashe, Mayor __________________________________________
Susan Cassel, City Clerk
D0222
11
Schedule A
Certificate of Insurance
This is to certify that the insured is insured with the Insurance Company set out herein.
Name of Insured: Mattamy (Seaton) Limited
Insured Location(s): Part Lot 20,
Concession 4, being Part 4, 40R-24146
City File No.: D02/22
Insurance Company (Name and Address)
Type of Insurance
Policy
Number
Effective
Date
(yy/mm/dd)
Expiry Date
(yy/mm/dd)
Limits of Liability/Per Occurrence
Bodily Injury/Property
Damage - Inclusive
Commercial General Liability
General Aggregate $
Products – Comp/Op Aggregate
$
Excess Liability Umbrella
Each Occurrence $
Aggregate $
Environmental
Each Occurrence
$
Aggregate
$
Professional
Each Occurrence $ Aggregate $
Note: If insurance is placed in primary and excess layers, file separate certificates for each. Commercial General Liability - Including Personal Injury, 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. The Corporation of the City of Pickering has been added as an additional insured under the Commercial General Liability Policy, but only with respect to its interest in the operations of the named insured. This is to certify that the Policy of Insurance as described above has been issued by the undersigned to the insured named above and is in force at this time. In the event that blasting or the use of explosives becomes
necessary, the City will be provided with an amended Policy. Thirty (30) days prior written Notice, by registered mail, will be given by the insurer(s) to the City of Pickering if
this Policy is cancelled or if any material change occurs that would, for any reason, affect this Certificate or the City of Pickering as outlined in the coverage specified herein. Notice will be given to: The Corporation of the City of Pickering, Attention: Legal Services, Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7. This certificate is executed and issued to the City of Pickering the day and date written below:
Date Name of Insurance Company (not broker)
Name and Address of Insurance Broker Phone No.: Email Address:
Authorized Representative or Official By:________________________________________ Name:
Attachment 2 to Report ENG 04-26