Council Agenda Monday, May 28, 2012 - City of St. John's

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Page 7 outside the Development, shall indemnify and save harmless the City, from any and all losses, claims, damages, demands, actions, causes of actions, suits or costs which may be brought against or incurred by the City, its agents or employees, by any person or persons by reason of any act or omission of the Developer during the period from the commencement of any activity identified under this Agreement until Final Acceptance issued in respect of such activity. 29) The Developer agrees to the following arbitration process for conditions contained in the Agreement: (a) Where a difference arises between the parties bound by this Agreement, and where the difference arises out of the interpretation, application, administration or alleged violation of this Agreement, and including any questions as to whether a matter is arbitrable, one of the parties may notify the other party in writing of its desire to submit to arbitration the difference or allegation for arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving the notice; (b) The party to whom notice is given shall within five (5) days after receiving the notice, name the person whom it appoints to be an arbitrator and advise the party who gave the notice of the name of its appointee; (c) The two arbitrators named in accordance with its provisions shall within five (5) days after the appointment of the second of them, name a third arbitrator who shall be the Chairperson of the Arbitration Board; (d) Each party who is required to name a member of the Arbitration Board shall pay the remuneration and expenses of that member and the parties shall pay equally the remuneration and expenses of the Chairperson; (e) The decision of the arbitration board shall be given within fourteen (14) days following the appointment of the Chairperson. It is understood, however, that the Arbitration Board shall not be authorized to make any decision inconsistent with the stipulation of this Agreement, nor to delete, alter, or amend any part thereof; 7
Page 8 (f) (g) Notwithstanding Section 29(e), the decision of the Arbitration Board shall be binding upon the parties; The arbitration shall be conducted in accordance to the rules set out under the Arbitration Act, Chapter 8, R.S.N. 1990, c. A-14 as amended for the Province of Newfoundland. 30) Any notice, communications or requests to be given to either party shall be in writing and delivered by personal delivery addressed to such party at the following address: as to the City City of St. John's 10 New Gower Street P.O. Box 908 St. John's NL A1C 5M2 ATTENTION: Manager of Development, Department of Planning as to the Developer: Equity Capital Corporation 989 Torbay Road Torbay NL A1K 1A3 or at such address as either of the parties may from time to time advise the other in writing by notice. 31. This Agreement shall be binding upon and shall ensure to the benefit of the City and the Developer and their respective trustees, successors and assigns. 32. Words importing the singular number only shall include the plural and vice versa, words importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations. 8
Page 1 and 2: AGENDA REGULAR MEETING MAY 28 th ,
Page 3 and 4: 14. Adjournment - 2 - 1. Memo dated
Page 5 and 6: - 2 - 2012-05-22 SJMC2012-05-22/295
Page 7 and 8: - 4 - 2012-05-22 Public Hearing Dow
Page 9 and 10: - 6 - 2012-05-22 AG Proposed Buildi
Page 11 and 12: - 8 - 2012-05-22 4 VANGUARD CRT RN
Page 13 and 14: - 10 - 2012-05-22 CR CHNG OF OCC/RE
Page 15 and 16: - 12 - 2012-05-22 Councillor O’Le
Page 17 and 18: Date: May 24, 2012 To: Re: His Wors
Page 19 and 20: A public meeting was held on Thursd
Page 21 and 22: - 3 - 2012-05-17 • Reference was
Page 23 and 24: - 5 - 2012-05-17 • More thought s
Page 25 and 26: - 7 - 2012-05-17 • Mr. Walsh felt
Page 27 and 28: Dear Sir/Madam -City Clerk. Referen
Page 29 and 30: Page I of I Fw: Condos in Quidi Vid
Page 31 and 32: Re-zoning .. 5 story -- E-mail abo
Page 33 and 34: Page 2 of2 going to increase and im
Page 35 and 36: As a homeowner residing next to the
Page 37 and 38: May 17, 2012 City Clerk's Departmen
Page 39 and 40: Page 2 of2 development. Otherwise,
Page 41 and 42: from page 10, Section B). The prese
Page 43 and 44: Date: May 24, 2012 To: Re: Mayor an
Page 45 and 46: THIS AGREEMENT made at St. John's,
Page 47 and 48: Page 4 9) The Developer shall pay t
Page 49: Page 6 be deemed to be a condonatio
Page 53 and 54: Date: May 23, 2012 To: From: Re: Hi
Page 55 and 56: Permits List 2012/05/23 CLASS: COMM
Page 57 and 58: 140 CANADA DR EX SINGLE DETACHED DW
Page 68 and 69: Date: May 24, 2012 To: From: Re: Hi
Page 70: Date: May 24, 2012 To: From: Re: Hi
Page 77: Page 2 Date: May 2, 2012 To: From:

Council Agenda Monday, May 28, 2012 - City of St. John's

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