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01 - January 28, 2020 Terrace Lodge Redevelopment Steering Committee Agenda Package Terrace Lodge RedevelopmentSteering Committee Meeting Agenda Elgin County Administration Building rd 3Floor Administrative Services Boardroom January 28, 2020 1–4:30P.M. Agenda st 1Meeting Called to Order nd 2Approval of the Agenda rd 3.Approval of the Minutes thth 4Approval of the Fundraising Committee January8Minutes th 5Schedule th 6Existing Site Information th 7Construction Manager th 8Budget th 9Date of Next Meeting th 10Adjournment Terrace Lodge Redevelopment Steering Committee Meeting Agenda Date:28 January 2020 Time:1 pm Location:Elgin County HQ, 450 Sunset Drive St. Thomas – Admin Services Boardroom 3rd floor 1.0Review ofMinutes th 1.1Steering Committee November 26 meeting minutes attached 2.0Schedule 2.1Project Schedule – updated 22 January 2020 attached 2.2Site Plan Application – draft agreement received 20 January 2020 attached 2.3Building Permit Application – targeting 6 February 2020 nd 2.4MLTC Preliminary Plan Re-Submission – no comments as of Jan 22 3.0Existing Site Information 3.1Electrical Substation – 7 January 2020 meeting with Hydro One 3.2Catfish Creek Conservation Authority – Floodplain Mapping Updates issued by GMBP on 20 January, 2020, in response to CCCA request for clarification 4.0Construction Manager 4.1Class B Construction Budget – draft expected from D. Grant by 27 January 2020 5.0Budget 5.1Replacement Reserve – Core exterior upgrades to be discussed at Working Group meeting (date TBD) 6.0 Next Meetings 6.1Steering Committee Meeting 25 February 2020 1pm Elgin County HQ? 6.2Working Group Meeting TBD END TERRACE LODGE REDEVELOPMENT STEERINGCOMMITTEE Minutes of Meeting November 26, 2019 at 2:30 pm The Terrace Lodge Redevelopment Steering Committee meeting was held on Tuesday, November 26, 2019 in the Elgin County Administrative Boardroom. Committee Members Present: Bob Purcell Elgin County Councilor/Chairman Dave Mennill Elgin County Councilor Mary French Elgin County Councilor Tom Marks Elgin County Councilor Staff Members Present: Julie Gonyou Chief Administrative Officer Michele Harris Director of Homes and Senior Services Jim Bundschuh Director of Financial Services Cole Aicken Building Science Technologist Brian Lima Director of Engineering Services Consultants Present: Allan Taylor Project Manager Gail Kaufman Carlin Health & Senior Services Consultant David Heintz MMMC Architects Victoria Pilles MMMC Architects Regrets: Duncan McPhail Elgin County Warden Jim Carter Manager of Corporate Facilities Call to Order Chairman Purcell called meeting to order at 2:30 pm. Discussion 1. Review of Minutes nd 1.1. Steering Committee October 22Minutes Reviewed and accepted. 2. Schedule 2.1. Project Schedule Moving past Design Development and into Working Drawings. Construction on track to begin mid-July 2020. 2.2. MLTC Preliminary Plan Re-Submission (PPS) Comments received from MLTC and resubmission completed. Level of detail requested by MLTC approaches requirements for Working Drawings submission. th 2.3. SPA Submission Submitted October 25 and comments expected within 6 weeks (early December). 3. Existing Site Information 3.1. Electrical Substation Test results indicate that existing substation will only last about 5 years. Electrical Substation to be replaced at time of renovation, as the building would have to operate on a generator for 2+ months if the substation were tofaillater.Brian to determinesalvage value, if applicable, for old substation. 4. Construction Manager 4.1. Class C Construction Budget Update D. Grant estimate similar to MMMC estimate, including 10% escalation contingency. Four separate priced items (plus 4-pipe fan coil) to be reintroduced as budget allows. 4.2. Class B Construction Budget D. Grant to begin Class B estimate, with 100% Design Development documents provided by consultants. Class B estimate will be in progress by 11 December 2019 Steering Committee meeting. 5. Budget 5.1. Replacement Reserve Discussed during Working Group meeting. Budget priorities are as follows: 1. Keeping water out (leaking skylight) 2. Safety (concrete paving) 3. Improvements to front entrance 6. Authorities Having Jurisdiction (AHJ) 6.1. Meeting with Public Health Public Health has been updated on the project and phasing, as per the MLTCs recommendation, and has no concerns at this time. 7. Architectural 7.1. Recent Changes MMMC overview of changes, based on MLTC comments. 8. Structural, Mechanical, Electrical & Foodservice 8.1. 100% Design Development Slightly delayed, but still confident in construction start date. 8.2. Building Design Coordination Meeting 28 November 2019 9. Functional Program, Operational, Transitional Plans 9.1. Operational Plan Updates in progress, based on MLTC comments. To be resubmitted by the end of the week (29 November 2019). 10. Next Meetings 10.1. Steering Committee Meeting 11 December 2019 2pm Elgin County HQ 10.2. Steering Committee Meeting 28 January 2019 (last Tuesday of month) 10.3. Steering Committee Meeting 25 February 2019 (last Tuesday of month) 10.4. Working Group Meeting 26 November 2019 10.5. Working Group Meeting January (TBD) Adjournment Moved by ?? Seconded by ?? - Carried Meeting: Terrace Lodge Redevelopment Fundraising Committee Date: January 8, 2020 Time: 3:00 p.m. Location:Terrace Lodge Long Term Care Home, Chapel Attendees: Dominique Giguère, Township of Malahide Fiona Roberts, Municipality of Central Elgin Pete Barbour, Town of Aylmer Kay Haines, Terrace Lodge Auxiliary Muriel Carrel, Community Member Ruth Anne Perrin, Community Member Staff: Michele Harris, Director of Homes and Seniors Services Lisa Penner, Administrator Tanya Noble, Manager of Program and Therapy Services Megan Shannon, Legislative Services Coordinator Regrets: Susan Chilcott, Municipality of Bayham MINUTES 1.Call to Order th The Terrace Lodge Redevelopment Fundraising Committee met this 8day of January, 2020 at Terrace Lodge, in the Chapel. The meeting was called to order at 3:04 p.m. 2.Review of Agenda The Chair deferred Donations/Legacy Giving to the February 12, 2020 meeting (as consented to by the Chair). The Chair added the discussion of the budget under Other Business (as consented to by the Chair). Moved by: Fiona Roberts Seconded by: Ruth Anne Perrin Resolved that the agenda be approved as amended. -Motion Carried. The Committee discussed recruiting additional representatives for the Committee. The Chair recommended reviewing the Terms of Reference before making a final decision. The Committee discussed recruiting additional representatives from each municipality via social media. The Chair directed staff to create a draft letter outlining the Terms of Reference for potential representatives. The letter will then be sent to each Municipal Council in Elgin County. 3.Adoption of Minutes – November 21, 2019 Moved by: Kay Haines Seconded by: Ruth Ann Perrin Resolved that the minutes from the meeting held on November 21, 2019 be approved. -Motion Carried. 4.Review of Priority Items and Estimated Costs – Fundraising Spreadsheet – Goal The Committee reviewed the Fundraising spreadsheet containing various value added organized by priority with estimated costs (spreadsheet attached). The Committee discussed the idea of having local businesses and service groups contribute to the redevelopment items needed for each phase. The Chair directed staff to look into this approach. The Chair discussed how we should manage fundraising for each redevelopment item on a case- by-case basis. Michele advised that some redevelopment items were priced higher than others to incorporate inflationary costs (i.e. many items not required until phase 3). Michele also discussed whether or not the Community Pool Change Room should be considered an item on the Fundraising spreadsheet to improve accessibility and increase the number of change rooms. Michele advised that the Community Pool is currently being used by members of the community (swimming lessons, aqua fit, stroke program), but there was discussion regarding potential future resident use. The Chair suggested that the item could be fundraised separate to the redevelopment fundraising project, but simultaneously. The Committee recognized the value of the Terrace Lodge pool and supported this recommendation. The Committee discussed the target goal for fundraising, and recommended adjusting it to seven hundred and fifty thousand dollars ($750,000) to support additional items that are identified and added to the list during the project. The Chair discussed the range of items on the Fundraising spreadsheet and how some could be donated by members of the community. The Chair directed staff to add a column to the spreadsheet for any items that have significant, long term operational cost implications, such as software license subscriptions. Action Items 1.Chair Giguère to work with Julie Gonyou and Megan to create a draft letter outlining the Terms of Reference for additional representatives to join the Committee. 2.Tanya and Lisa to add a column to the spreadsheet for any items that have significant long- term operational costs implications. 5.Project Plan The Chair presented a draft project plan to the Committee (project plan attached). The Committee reviewed the tasks to be completed on a monthly basis prior to launching the campaign in July 2020.; minor adjustments were made. The Committee discussed having either local businesses or students from local secondary and post-secondary institutions to design the logo. The Committee also discussed the option of writing an RFP. The Chair advised that these options will be considered later on. 6.Other Business i. Budget The Chair presented the draft budget to the Committee (budget attached). The Committee discussed various options for planning fundraising campaigns and whether the Committee wished to establish an operating budget in support of the campaign. The Committee agreed that there should be an operating budget to fund professional services such as graphic design, fundraising advice, printing, advertising, promotional events. The Committee also discussed whether the campaign should include credit card donations and an online presence, recognizing that this will involve fees. The Committee agreed to recommend to the Steering Committee that the Terrace Lodge fundraising be supported with an overall operating budget worth approximately 3% of the campaign goal, including campaign expenses and credit card fees. The Chair discussed presenting this proposal to the Terrace Lodge Redevelopment Steering Committee at the next meeting. 7.Prospective Donors The Committee discussed prospective donors and whether or not fundraising outside the County borders should be considered – statistics regarding current residents of Terrace Lodge place of residence pre-admission supports this need. The Chair has drafted a template prospective donor spreadsheet and will circulate to the Committee. The Committee will brainstorm prospective donors and create their own list to share at the February 12, 2020 meeting. Megan Shannon will compile individual lists into one spreadsheet. 8.Next Meeting Date Wednesday, February 12, 2020 at 3:00 p.m. at the Terrace Lodge Chapel. Calendar invitations to be sent. 9.Adjournment Moved by: Fiona Roberts Seconded by: Kay Haines Resolved that the meeting adjourn at 4:35 p.m. to meet again on February 12, 2020 at 3:00 p.m. -Motion Carried. Michele Harris,Domingue Giguère, Director of Homes and Seniors Services. Chair. ЋЋWğƓǒğƩǤЋЉЋЉΛ ƦķğƷĻķΜ TheCountyofElginTerraceLodgeAddition&PhasedRenovation,Aylmer ŷĻCĻĬЍͲЋЉЊВ{ƷĻĻƩźƓŭ/ƚƒƒźƷƷĻĻƒĻĻƷźƓŭƭĻƌĻĭƷĻķĭƚƓƭƷƩǒĭƷźƚƓƒğƓğŭĻƒĻƓƷΛ/aΜwĻŭǒƌğƩķĻƌźǝĻƩǤ ƒĻƷŷƚķ͵ŷĻǒƦķğƷĻķwĻŭǒƌğƩ/aķĻƌźǝĻƩǤƦƩƚƆĻĭƷƭĭŷĻķǒƌĻŅƚƌƌƚǞƭ͵ \[ĻŭĻƓķʹDƩĻĻƓўĭƚƒƦƌĻƷĻķƚƓƭĭŷĻķǒƌĻΉ—ĻƌƌƚǞўğƷƩźƭƉƚŅķĻƌğǤΉwĻķўķĻƌğǤƚƓĭƩźƷźĭğƌƦğƷŷ Construction Management Regular Delivery ActivityDurationCalendar Dates Schematic Design4 months April to July2019 CM RFP Issued on Bids & Tender 24 April 2019 y 2019 CM RFP Advertise Public Tender 1 Ma CM Proponent Optional Site Tour 3 May 2019 CM submissions 3weeks 16 May 2019 2 weeks y 2019 Evaluate CM submissions End Ma Council award CM 11 June 2019 Submit site plan application End June 2019 25 Oct 2019 y Plan submit y July 2019 12 August 2019 MOH PreliminarEarl Design Development3 ½ months Mid-August to 22 November 2019 MMMC Class D Const Cost Estimate 3weeks End July 2019 MMMC Class D Const Cost Savings22 October 2019 y Plan approval 5 month y August 2019 January 2020 MOH PreliminarEarl Siteplan approval complete 3 months End Sept 2019 20 January 2020 CM Class C Const Cost Estimate 6weeks 1 November 2019 y 2020 Construction Documents 4 months November 2019 to Februar CM Class B Const Cost Estimate 3weeks 25 Nov 2019 to Early-January 2020 MOH Working Drawing submit End January 2020 Early Feb 2020 Building Permit applicationEnd January 2020 Early Feb 2020 g Drawing approval y 2020 Early Mar 2020 MOH Workin1 month End Februar Subtrade Bid Packages issued by CM Early March 2020 CM Class A Const Cost Estimate 2 weeks Mid-March 2020 ges close to CM April 2020 Subtrade Bid Packa5 weeks Mid- Review Bids & Recommendation 3 weeks Early-May 2020 Council approval of all Subtrade Bids End May 2020 Submit FEC and all Bids to MOH End May 2020 Conditional LOI to early Trades Early June 2020 MOH approval to award Bids 1 month End June 2020 CM mobilizes to site 2 weeks Mid-July 2020 plete or Partial Fdn Permit issued y 2020 ComMid-Jul Fdn & Civil construction starts End-July 2020 Phase 1 Addition complete 16 months End November 2021 FF&E/Stock/Train/Pre-Occ/Move/Clear 1 month End December 2021 Phase 2 North Reno complete8 months End August 2022 FF&E/Stock/Train/Pre-Occ/Move/Clear 1 month End September 2022 Next Municipal Election October 2022 pletey2023 Phase 3 South Reno com8 months End Ma FF&E/Stock/Train/Pre-Occ/Move/Clear 1 month End June 2023 SITE PLAN AGREEMENT THE CORPORATION OF THE COUNTY OF ELGIN AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Part Lot 13 & 14, Concession 7 THIS AGREEMENT made this day of , 2020. B E T W E E N: THE CORPORATION OF THE COUNTY OF ELGIN Hereinafter called the OF THE FIRST PART - AND- THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Hereinafter called the OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Township of Malahide, in the attached hereto (and hereafter referred to as the ); AND WHEREAS the Official Plan of the Township of Malahide in effect, designates the entirety of the Township as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Plan); AND WHEREAS the Township, as a condition of development of the lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Township as follows: 1.The Owner agrees that no building permit will be available until the Plan has been approved by the Township, and further agrees that work will not commence prior to the issuance of the building permit. 2.The following Schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: EXHIBIT A - SITE PLAN EXHIBIT B - SITE SERVICING PLAN EXHIBIT C - CERTIFICATE OF COMPLIANCE 3.Schedule A hereto describes the lands affected by this Agreement. 4. Exhibit A - Site Plan, shows: a) the location and height of all buildings and structures to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d) walkways and all other means of pedestrian access; e) the location and provision of fences, trees and all ground cover or facilities for landscaping the lands and protecting the adjoining lands and shows the lighting including flood lighting, of the land or any building or structure thereon; f) the location and provision for the collection and storage of garbage and other waste material 5. The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. Exhibit B - Site Servicing Plan shows: a) lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Township); b) location of utilities within the road allowance and site connections to these utilities; c) building finished floor elevations; d) other information as required by the Township 7. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 8. The Owner further agrees that: a) final grades and elevations will be established to the satisfaction of the Township. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Township. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. f) garbage disposal facilities will be an enclosed type located as shown on the Site Plan designed in a manner satisfactory to the Township. g) unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Township and have permanent bumper curbing along all parking areas that abut the property limits. h) kpiled and maintained in a manner which allows for the maintenance of weeds; and the Township may municipal taxes or from the Letter of Credit deposited as performance security. i) stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Township. j) the electrical servicing of the property shall be subject to the approval of Hydro One. k) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Township, in addition to any other remedy, may go in and do same at expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. l) the Township may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. m) nothing in this Agreement constitutes waiver of the owners duty to comply with any by-law of the Township or any other law. 9. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 10. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the appropriate Conservation Authority and the Ministry of the Environment. 11. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the s Fire Chief. 12. The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Township at the expense of the Owner, within thirty (30) days notice. 13. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Township, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 14. The Owner shall landscape and maintain plants and ground cover acceptable to the Township, on those lands so indicated on the Site Plan. 15. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Township, a letter addressed to the Township, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 16. The Township, through its servants, officers and agents, including its Chief Building Official, Fire Chief, and Township Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 17. In the event of any servant, officer or agent of the Township, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 18. In the event of any servant, officer or agent of the Township, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Township of Malahide, as hereinafter provided. 19. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Township, as to the state of maintenance, such Owner shall appear before the Council of the Township of Malahide, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 20. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Township to apply to the Courts for a restraining order. 21. In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Township of Malahide determines is correct, under Section 17, the Council of the Township of Malahide, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) weeks notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Township, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 22. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described n Exhibit A and B, it shall make application to the Council of the Township of Malahide, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990, hereinbefore referred to. 23. The Owner agrees to pay to the Township all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 24. CAPITAL CHARGES The following capital charges are to be paid at the time that this Agreement is signed. 25. SITE PLAN REVIEW FEE The Owner shall pay to the Township, in cash or by certified cheque, an amount of One Thousand, Six Hundred ($2,000.00) Dollars Deposit, per application, for Site Plan Review. As set out in -Law 05-62 being a By-Law for the purpose of establishing user fees & rates. 26. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Township with a Liability Insurance policy in the amount of $ 5,000,000.00 per occurrence, and in a form satisfactory to the Township, indemnifying the Township from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Township. 27. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before _____________________. It will be the Owners responsibility to require, in writing, an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Township with a Letter of Credit, equal to _______________ The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, curbs and gutters and drains, plus all site specific components as defined by the Site Plan, Exhibit A, and the Site Servicing Plan, Exhibit B, which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Township. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Township at any time or in part, from time to time, upon written notice from the Township, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 28. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Township with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 29. In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Township may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 30. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Township to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 31. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Township, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Township by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 32. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Township and in accordance with the standards determined by the Township and in default thereof, and without limiting other remedies available to the Township, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 33.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Township shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 34. A Certification of Compliance attached hereto as Exhibit , shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. CORPORATION OF THE COUNTY OF ELGIN WARDEN ________________________________ C.A.O CORPORATION OF THE TOWNSHIP OF MALAHIDE MAYOR CAO/CLERK CORPORATION OF THE TOWNSHIP OF MALAHIDE CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. ____________. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Signature: Name of Owner: Address: Phone Number: