report attachment - for city council february 15, 2000...

Report Attachment - for City Council February 15, 2000 meeting.

Schedule “A”

Schedule “A”

IDENTIFICATION OF CHARACTER DEFINING ELEMENTS

OF THE ROY GEROLAMY RESIDENCE

The purpose of this Schedule is to identify by written description and photographs, character defining elements of the building known as the Roy Gerolamy Residence located at 9823 – 91 Avenue. The 1913 residence shall not be altered or destroyed and shall be conserved in accordance with “General Guidelines for Rehabilitation” (Schedule “B”).

The character defining elements represented by this Arts and Crafts style residence include its square shape, asymmetrical massing, bell-cast roof and two-storey open front veranda. Its open porch is flanked by triple square-cut columns. The original multi-paned wood sash and storm windows and the upper bay window are important design features of the principle elevation. Its split-level exterior finish consists of wood siding on the lower level and wood shingles on the upper level.

The material and design of exterior features, doors and windows contribute to the overall character of this historic resource and contribute to the building’s overall character. Its solid appearance and pleasant composition of solid (wall) to void (windows) particularly on the north and west elevations also contribute to the building’s heritage character.

The building has a strong visual and functional relationship to its site, streetscape and immediate surroundings.

Location Plan

R

A

7

C

N

C

R

A

9

R

A

8

R

F

2

R

F

2

1

2

5

1

7

The Dwelling and Lands to be designated are shown below in the Real Property Report prepared by Canadian Engineering & Surveys Inc., dated May 17, 1999.

Photographs of the Roy Gerolamy Residence

Photo #1 - Northwest Elevation


Photo #2 - Northwest Elevation


Photo #3 - Northeast Elevation

Photo #4 – North Elevation (west half)


Photo #5 – South Elevation (east half)

Photo #6 – South Elevation (west half)

ROY GEROLAMY RESIDENCE – SCOPE OF WORK FOR THE REHABILITATION

The entire building will be rehabilitated in order to protect its integrity. The conservation of specific elements such as the front porch, foundation stabilization and central supporting beam in the basement will be implemented in Phase One.

The conservation of the most deteriorated existing historic wood windows and the installation of three storm windows will be implemented as part of the exterior rehabilitation, Phase Two.

Phase Three will include the conservation of the remaining exterior wood components, preparation and painting of the exterior.

The following description identifies the scope of work for specific aspects of the rehabilitation where financial incentives have been allocated and includes the phase in which the work is to be implemented. Any alterations to the Character Defining Elements of the Roy Gerolamy Residence as part of the rehabilitation work shall be undertaken in accordance with the “General Guidelines for Rehabilitation” which form part of this Schedule “B”.

PHASEDESCRIPTION OF REHABILITATION WORK

Phase 1

Front Porch and Foundation Stabilization: Stabilization and repairs to the existing foundation wall as specified in the Jocobsen Hage Engineering report dated June 18, 1999.

Determination of the requirement for selective repair and selective replacement of sections of the foundation to be in accordance with the Jocobsen Hage Engineering report dated June 18, 1999, the General Guidelines for Rehabilitation and accepted conservation practice.

Phase 2

Selective Wood Window Repair & Storm Windows: Repair original wood sash and storm windows as determined by wood window manufacturer and the General Manager (GM) of the Planning and Development Department (P&DD) or his/her designate, in accordance with the General Guidelines for Rehabilitation. Selectively replace, in kind, windows too deteriorated to repair and construct new wood storm windows (painted finish) to match original in all respects. Install weather stripping, caulk and seal as required throughout.

Phase 3

Conservation of exterior wood components, preparation and painting: Repair original wood siding and wood components as determined by contractor and the GM of the P&DD or his/her designate, in accordance with the General Guidelines for Rehabilitation.

Prepare all wood surfaces to be painted and paint with historically appropriate colours as required.

GENERAL GUIDELINES FOR REHABILITATION

The General Guidelines for Rehabilitation are intended to assist in applying accepted principles and practices to the conservation of historic resources. One of the most commonly used standards is the U.S. Secretary of the Interior’s Standards for Rehabilitation, of which these guidelines are derived. In a manner consistent with accepted practice, City Policy C-450 requires that the standards be used in conjunction with the guidelines to ensure that the basis for a clear and consistent interpretation of the guidelines is provided to assist owners of historic resources throughout the rehabilitation process. The following guidelines and the referenced standards shall apply to the Roy Gerolamy Residence (the “Municipal Historic Resource”) and any rehabilitation or maintenance work undertaken with respect to the Municipal Historic Resource at any time.

1.Compatible Uses

Wherever possible, the uses proposed for a Municipal Historic Resource shall be compatible with the existing building such that only minimal changes are required to the building. The use of a Municipal Historic Resource for its original purpose is desirable.

2.Original Character

The original distinctive qualities and character of the Historic Resource shall not be destroyed. The removal or alteration of any historical materials or features shall be avoided whenever possible.

3.The Historic Period

The Municipal Historic Resource should be recognized as a product of its own time. Alterations which are not based on historical fact or which recreate an earlier or a later appearance shall be discouraged.

4.Witness to Change

Changes to the Municipal Historic Resource may have occurred over time. These alterations are evidence of the history and development of the building. This evolution may have acquired significance in its own right; alterations to the original building should be recognized and respected where indicated.

5.Style and Craftsmanship

Distinctive stylistic features and examples of skilled craftsmanship of the Historic Resource shall be preserved and treated sensitively.

6. Repair and Replacement

Deteriorated architectural features shall be repaired rather than replaced whenever possible. Where replacement is necessary, the new material should match the original as to material composition, colour, texture, design, etc. The repair or replacement of architectural features shall be based on a sound knowledge of the original characteristics of the feature. Such knowledge shall be based on historical or pictorial evidence and not upon conjecture.

7.Cleaning

In all cases, surface cleaning shall be undertaken with the gentlest means available. Sandblasting and other cleaning methods that damage historic buildings shall not be undertaken without thorough testing prior to use on a building. Sandblasting is NOT recommended on brick, stone or wood. In all instances, it should be ascertained that a building exterior is really in need of cleaning prior to undertaking the work.

8.Reversibility of Intervention

When the introduction of new elements or materials are necessary to stabilize or preserve the historic resource, alterations shall be undertaken such that the new materials, should they fail, may be removed at a later date without damage to the original fabric of the Historic Resource. Where this is not possible (i.e. use of epoxy or other permanent interventions) only those methods and materials which have been thoroughly tested and found satisfactory in situ, shall be used.

9.Recording

Prior to undertaking any alterations, particularly in cases where alterations may threaten the building fabric (underpinning, moving structures), the applicant shall provide a complete and accurate record of the architectural features of the Historic Resource. Measured drawings and photographs of details may prove invaluable if major features are damaged or lost during the subsequent repair work. Any historic resource which is the subject of an application to unsympathetically alter or demolish such resource shall be professionally recorded.

10.Original Construction Details

In some historic structures, poor construction details or inappropriate materials resulted in rapid deterioration of certain building elements. In these instances, accurate reconstruction of the original detail will inevitably result in the failure of the element; therefore, reconstruction should be undertaken in such a fashion as to duplicate the original appearance as closely as possible while using details based on sound construction practice.

11.Codes

At no time should the life and safety of occupants of a Municipal Historic Resource be deemed of lesser importance than the preservation of the original fabric of the Municipal Historic Resource. The required life and safety standards are those required by the current Alberta Building Code; however, notwithstanding these Code requirements, where the essential character of the structure is threatened by changes for Code reasons, every effort shall be made to achieve an equivalent safety standard by alternate means so as to minimize the impact on the historic fabric.

12.Rehabilitation

Prior to undertaking any rehabilitation work, the scope of work and a schedule of alterations should be prepared. This schedule should include phasing of alterations where necessary due to program or budget restrictions. The type and timing of both short and long term maintenance work shall also be included.

13.Signs

As a general rule signs should be limited to signs which were originally present on the building. In instances where new uses or interpretive functions dictate the use of additional signs, these new elements should be integrated into the general design of the project. The size, typeface, graphics, and materials should be chosen to suit the period of the Municipal Historic Resource wherever possible. Avoid installing new signs such that the repair, replacement or removal of the signs damages the original fabric of the structure.

14. Alterations and Additions to Historic Resources

Contemporary design for alterations and additions to existing historic resources shall not be discouraged when such alterations and additions do not diminish the overall historic character of the resource and such design is compatible with the size, scale, colour, material and character of the resource, neighbourhood or environment.

Summary of Rehabilitation Incentive

1. The City of Edmonton and Barrie Burden and Claudette Dorion (the “Owner”), of the Roy Gerolamy Residence, have agreed in the Rehabilitation Incentive Agreement that the granting of such incentive shall be in satisfaction of any claim for compensation, pursuant to Section 24 of the Historical Resources Act, R.S.A. 1980, c. H-8, as amended, for any loss in economic value of the building and land herein designated as a Municipal Historic Resource.

2.The Rehabilitation Incentive

Provided that at all times the Owner has performed its obligations under the Rehabilitation Incentive Agreement and is not in default in any way under the Agreement, the City shall provide a rehabilitation incentive to the Owner in an amount not to exceed Fifteen Thousand Dollars ($15,000.00) (“the Rehabilitation Incentive”). The Rehabilitation Incentive shall be paid to the Owner by the City in the form of a series of instalments and shall be paid in accordance with Clause 6 of the Rehabilitation Incentive Agreement between the City and the Owner. A Notice of Completion will be issued after each Phase of the Rehabilitation Work, as defined in Schedule “B” of this Bylaw, is complete. The rehabilitation incentive payable for each Phase shall be as follows:

Phase 1

Porch, Foundation and Masonry

$8,000.00

Phase 2

Conservation of Doors and Windows

$3,500.00

Phase 3

Conservation of Exterior Woodwork

$3,500.00

TOTAL

$15,000.00

THIS REHABILITATION INCENTIVE AGREEMENT

Made this day of 1999.

BETWEEN:

BARRIE BURDEN and CLAUDETTE DORION.

(the “Owner”)

OF THE FIRST PART,

-and-

THE CITY OF EDMONTON

(the “City”)

OF THE SECOND PART.

WHEREAS:

1.The Owner is the registered owner of land described in Schedule “A” (“the Lands”), and the building located thereon (“Roy Gerolamy Residence”) shown on page 3 of Schedule “A” to proposed Bylaw 12223.

2. The building known as the Roy Gerolamy Residence represents a stable enclave of historic single family dwellings in Old Strathcona.

3. The Roy Gerolamy Residence is in need of rehabilitation to ensure its long term integrity and the Owner intends to rehabilitate the exterior of the building substantially in accordance with the proposed rehabilitation work described in the attached Schedule “B” (“Rehabilitation Work”).

4. The City, as part of its Historic Resource Management Program and in the public interest, wishes to facilitate the conservation of the historic Roy Gerolamy Residence.

5. The rehabilitation of the Roy Gerolamy Residence will increase the property tax revenue from the property.

6. The City proposes to legally protect the Roy Gerolamy Residence, constructed in 1913, and the Lands by designating the Roy Gerolamy Residence and Lands, as a Municipal Historic Resource pursuant to the provisions of the Historical Resources Act, R.S.A. 1980, c. H-8, as amended (“the Act”).

7. The Owner is prepared to have the Lands and the Roy Gerolamy Residence designated as a Municipal Historic Resource pursuant to the Act and has agreed to carry out the Rehabilitation Work on the understanding that a rehabilitation incentive will be paid to the Owner, in accordance with the terms of this Agreement, after the designating Bylaw, being proposed as Bylaw 12223, (“the Designating Bylaw”) is passed by City Council.

8. The City proposes to regulate any future development on the Lands in accordance with the General Guidelines for Rehabilitation, which form part of Schedule “B” of the Designating Bylaw (“the Guidelines”).

9. The City is prepared and shall only be obligated to pay the rehabilitation incentive if the Rehabilitation Work described in Schedule “B” of this Agreement is completed prior to September 30, 2002, or by such later date as the Owner and the General Manager of the Planning and Development Department (GM of the P&DD) might otherwise agree to in writing.

10. The Owner has agreed, as additional consideration for the rehabilitation incentive to be paid to the Owner by the City, to enter into a Maintenance Agreement attached as Schedule “C”.

11. At its meeting of October 19, 1999, in accordance with Section 22 of the Act, City Council resolved that the City Clerk be authorized to serve on the registered owner of the Lands and the Roy Gerolamy Residence, a Notice of Intention to Designate as a Municipal Historic Resource, the Lands and House (“the Notice of Intention to Designate”).

THEREFORE in consideration of the mutual covenants and other conditions contained herein, the parties hereto hereby covenant and agree as follows:

1. CONDITION PRECEDENT

1.1. This Agreement is conditional upon the passage of the Designating Bylaw by Edmonton City Council by February 23, 2000, or such later date as the parties may agree to in writing. In the event that the Designating Bylaw is not passed by February 23, 2000, and the parties have not agreed to extend the time for satisfaction of this condition precedent, this Agreement shall be of no force and effect.

2. OWNER’S WAIVER OF RIGHTS

2.1. The Owner acknowledges the sufficiency of the consideration it is entitled to receive under this Agreement and waives all rights to claim additional or alternative compensation for any cause, whether arising in common law, equity or by statute, because of the City’s designation of the of the Lands and the Roy Gerolamy Residence as a Municipal Historic Resource or the City’s issuance of the Notice of Intention to Designate.

2.2. In particular the Owner accepts, in satisfaction of any claim for compensation under the Act, a rehabilitation incentive, as provided for in this Agreement, and waives all rights to claim any additional amount in compensation and further waives all rights the Owner may have or have had to dispute the sufficiency of the Notice of Intention to Designate.

3. SCHEDULES

3.1. The following Schedules are attached to and form part of this Agreement:

Schedule “A” - The Lands

Schedule “B” – the Roy Gerolamy Residence - Rehabilitation Work

Schedule “C” - Maintenance Agreement

4. REHABILITATION WORK

4.1. The Owner shall, upon the passage of the Designating Bylaw, commence the work required to rehabilitate the Roy Gerolamy Residence, as set out in Schedule “B” (the “Rehabilitation Work”). The Rehabilitation Work shall be completed by the Owner by September 30, 2002, or by such later date as the Owner and the GM of the P&DD might otherwise agree to in writing. In undertaking the Rehabilitation Work the Owner shall follow the General Guidelines for Rehabilitation, which are part of Schedule “B” of the Designating Bylaw.

4.2. The Rehabilitation Work shall be done in Phases. The Phases shall be completed in an order acceptable to the GM of the P&DD. The Owner can do specific work within each Phase in any order, provided that at all times work is undertaken in such a manner as to preserve the integrity of the historic resource.

5. MAINTENANCE AGREEMENT

5.1. The Owner and the City shall enter into the Maintenance Agreement, attached as Schedule “C”, to provide for the ongoing maintenance of the Roy Gerolamy Residence.

5.2. Pursuant to Section 25(2) of the Act the City shall be entitled to have the Maintenance Agreement endorsed on the Certificate of Title for the Lands.

6. REHABILITATION INCENTIVE

6.1. Upon completion of each or all of the phases of the Rehabilitation Work or the completion of work required to remedy a deficiency identified by the GM of the P&DD pursuant to clause 6.2.2 hereof, the Owner shall provide the City with:

6.1.1. a letter, signed and stamped by a representative acceptable to the GM of the P&DD, certifying that the Phase of the Rehabilitation Work has been completed;

6.1.2. receipts for all materials, supplies, labour and services and relevant documentation specific to the Rehabilitation Work identified in Schedule “B”;

6.1.3. receipts or other documents acceptable to the GM of the P&DD indicating that all suppliers and contractors involved in performing that Phase of the Rehabilitation Work have been paid in full for their goods or services; and

6.1.4. evidence that the Owner received competitive bids or estimates before engaging any contractor or supplier.

6.2. Within fourteen (14) days of receiving the documents described in Clause 6.1, above, the City shall inspect the Roy Gerolamy Residence and either:

6.2.1. issue a Notice of Completion, indicating that the Phase of the Rehabilitation Work has been performed to the satisfaction of the G.M. Planning; or

6.2.2. provide the Owner with a description of the particulars in which the work performed with respect to the Phase is incomplete or deficient in the opinion of the GM of the P&DD (the “Deficiency List”).

6.3. If the GM of the P&DD issues a Deficiency List, the Owner may either remedy the deficiencies or submit the question of whether the work has been properly performed to an arbitrator in accordance with the provisions of this Agreement.

6.4. If the GM of the P&DD issues a Notice of Completion, and provided that the Owner is not in default of any of the obligations under this Agreement or the Maintenance Agreement, the City shall, within 30 days of issuing the Notice of Completion, pay the Owner a Rehabilitation Incentive equal to the lowest of:

6.4.1. the actual cost to the Owner of having the work for the particular Phase performed (the “Actual Cost”); or

6.4.2. the amount allocated for the Phase in Schedule “B” to this Agreement (the Allocated Amount”) plus any Surplus Funds as described in Clause 6.6 below.

6.5. In calculating the cost of performing the Rehabilitation Work, the Owner and the City shall include the cost of labour and materials for repairs associated with only the south, west and north elevations. Costs of the Rehabilitation Work shall not include costs related to the interruption of use of the Roy Gerolamy Residence or the Lands due to renovations, or the repair of any damage unintentionally caused to the Roy Gerolamy Residence while the Rehabilitation Work was underway.

6.6. If, after the completion of any Phase of the Rehabilitation Work, the City pays an amount, pursuant to Clause 6.4, above, that is less than the Allocated Amount for that Phase, the difference between the amount paid and the Allocated Amount for that Phase shall become part of the Surplus Funds and used in calculating the Rehabilitation Incentive payable for any remaining Phase of Rehabilitation Work as described in Clause 6.4, above.

6.7. After the Owner has completed the final Phase of the Rehabilitation Work and the City has paid a Rehabilitation Incentive to the Owner for that Phase, the Owner shall not be entitled to the payment of any further Rehabilitation Incentive and any Surplus Funds then in existence shall remain in the hands of the City. Under no circumstances shall the City be obliged to pay more than FIFTEEN THOUSAND DOLLARS ($15,000) for completion of all Phases of the Rehabilitation Work.

6.8. In the event of a disagreement as to any amounts payable by the City to the Owner under Clause 6.4 above, the dispute shall be submitted to arbitration in accordance with the provisions of this Agreement.

6.9. If the GM of the P&DD considers that any aspect of the work in the Phase is deficient, the Owner may either remedy the deficiencies or submit the question of whether the work has been properly performed to an arbitrator in accordance with the provisions of this Agreement. Should the Owner choose to remedy the deficiency, the GM of the P&DD or designate shall re-inspect the Roy Gerolamy Residence within 14 days of being notified by the Owner that any identified deficiencies have been corrected.

7. DISPUTE RESOLUTION

7.1. In the event of a dispute arising between the City and the Owner as to the proper interpretation or effect of any of the terms or conditions of this Agreement, such dispute shall be resolved in accordance with the following procedure:

7.1.1. The party requesting that the matter in dispute be resolved in accordance with the provisions of this Clause 7 (the "Disputing Party") shall notify the other party (the "Defending Party") in writing of the details of the nature and extent of the dispute (the "Arbitration Notice").

7.1.2. Within seven (7) days of the receipt of the Arbitration Notice, the Defending Party shall, by written notice, advise the Disputing Party that it disputes all matters referred to in the Arbitration Notice except those for which the Defending Party admits responsibility and proposes to take remedial action.

7.1.3. The terms of reference for arbitration shall be those areas of dispute referred to in the Arbitration Notice with respect to which the Defending Party has not admitted or proposes to take remedial action.

7.1.4. The City and the Owner shall within Ten (10) days after the date of receipt by the Disputing Party of the Defending Party's notice, appoint an arbitrator who shall be acceptable to both parties (the "Arbitrator"). In the event that the parties shall fail to appoint the Arbitrator, then either party may, on written notice to the other, apply to the President of the Alberta Arbitration and Mediation Society to name the Arbitrator.

7.1.5. Not later than Twenty (20) days after the appointment of the Arbitrator, the Arbitrator shall make his written decision, and shall give it to the parties immediately.

7.1.6. Unless the Arbitrator orders otherwise, the City and the Owner shall equally bear the costs of the arbitration.

7.1.7. The decision of the Arbitrator is final and binding on the parties and there shall be no appeal of the decision to the courts.

7.1.8. Except as modified by this Agreement, the provisions of the Arbitration Act S.A. 1991 Ch. A-43.1, as amended, shall apply.

8. NOTICE

8.1. Any notice given pursuant to the terms of this Agreement shall be sufficiently given:

8.1.1. in case of notice to the City, if such notice is sent by prepaid registered mail, or personally delivered, in an envelope addressed to:

General Manager, Planning and Development Department

2nd Floor, Metro Net Tower

10250 - 101 Street NW

Edmonton, AB T5J 3P4

and also to:

Corporate Services Department, Law Branch

9th Floor Chancery Hall

#3 Sir Winston Churchill Square

Edmonton, AB T5J 2C3

8.1.2. in case of notice to the Owner, if such notice is sent by prepaid registered mail, or personally delivered, in an envelope addressed to:

Barrie Burden and Claudette Dorion

9823 – 91 Avenue

Edmonton, AB T6E 2T5

8.2. Notice given as aforesaid, if posted, other than during an actual or threatened postal disruption, shall conclusively be deemed to have been given on the fifth business day following the date on which the notice is mailed. Any notice personally delivered or sent by telecopier or other form of facsimile transmission shall be deemed to have been given on the date of actual delivery.

8.3. Either party may, at any time, give notice in writing to the other of any change of address of the party giving such notice and, from and after giving of such notice, the address therein specified shall be deemed to be the address of the party for the giving of notice hereunder.

8.4. The word “notice” in this Clause shall be deemed to include any requests, applications, information, statements or other writing required or permitted to be given by the City to the Owner or by the Owner to the City.

9. GENERAL PROVISIONS

9.1. Notwithstanding the passage of the Designating Bylaw pursuant to the Act and the registration of same against title to the Lands, the Owner shall have the right from time to time and any time to redevelop the Lands in accordance with the provisions of the Land Use Bylaw which is applicable to the Lands, from time to time PROVIDED THAT the redevelopment does not in any way endanger the historic integrity of the Roy Gerolamy Residence or physically damage or impair its heritage character. Any redevelopment shall be consistent, in the opinion of the GM of the P&DD, with the intent of the Designating Bylaw and the General Guidelines for Rehabilitation, which form part of that Bylaw.

9.2. The issue of signage to be placed on the Lands or on the exterior of the Roy Gerolamy Residence shall be in accordance with the General Guidelines for Rehabilitation and any other future amendment of the City of Edmonton Land Use Bylaw, Bylaw 5996, or a successor Bylaw, applicable to the Lands.

9.3. Whenever in the Agreement an approval or decision is required of the GM of the P&DD such person shall, in considering such decision or approval, at all times act reasonably.

9.4. Each of the parties hereto shall execute and deliver to the other all such further assurances and documents which may reasonably be deemed necessary by the solicitors for either of them to give full force and effect to the Agreement. The Agreement is not intended to nullify, replace, circumvent, extend or modify any existing statutes, bylaws or permit conditions which govern development or construction within the City.

9.5. Notwithstanding that any portion of this Agreement may be found to be unenforceable, the remaining portions of this Agreement shall be given full force and effect.

9.6. Whenever the singular, neuter or masculine is used throughout this Agreement the same shall be construed as meaning the plural or feminine or body corporate, where the context or parties hereto require.

9.7. Notwithstanding any other provisions of this Agreement, the Owner shall forthwith upon execution of the Agreement use reasonable efforts to have the Designating Bylaw placed as a registration prior to any security interest on the title to the lands. The City shall not be obligated to pay any portion of the Rehabilitation Incentive until the City is satisfied, in its sole discretion, as to the registration of the Designating Bylaw against the title to the lands.

9.8. No amendments to this Agreement are valid unless they are in writing and signed by both parties to this Agreement.

9.9. Time is of the essence in this Agreement.

9.10. Everything herein contained shall inure to the benefit of and be binding upon the parties hereto, their administrators, successors and assigns respectively.

IN WITNESS WHEREOF the parties have signed this Agreement on the day and year first above written.

A P P R O V E DTHE CITY OF EDMONTON

as represented by the General Manager of the Planning and Development Department

As to Form_____________________________

City Solicitor

As to Content____________________________________________________________

Head of Department

BARRIE BURDEN

Witness_____________________________________Per:____________________________

CLAUDETTE DORION

Witness_____________________________________Per:____________________________

THIS IS SCHEDULE “A” TO THE REHABILITATION INCENTIVE AGREEMENT DATED THE _____, DAY OF ___________________, 2000, MADE BETWEEN BARRIE BURDEN and CLAUDETTE DORION AND THE CITY OF EDMONTON

LANDS OWNED BY THE OWNER

Certificate of Title No. 972 108 900

Plan I21, Block 125, Lot 17

Excepting thereout: all mines and minerals.

THIS IS SCHEDULE “B” TO THE REHABILITATION INCENTIVE AGREEMENT DATED THE _____, DAY OF ___________________, 2000, MADE BETWEEN BARRIE BURDEN and CLAUDETTE DORION AND THE CITY OF EDMONTON

ROY GEROLAMY RESIDENCE – THE REHABILITATION WORK

PHASE

DESCRIPTION OF THE REHABILITATION WORK

ALLOCATED

AMOUNT

Phase 1

Front Porch and Foundation Stabilization: Stabilization and repairs to the existing foundation wall as specified in the Jocobsen Hage Engineering report dated June 18, 1999.

Determination of the requirement for selective repair and selective replacement of sections of the foundation to be in accordance with the Jocobsen Hage Engineering report dated June 18, 1999, the General Guidelines for Rehabilitation and accepted conservation practice.

$8,000

Phase 2

Selective Wood Window Repair & Storm Windows: Repair original wood sash and storm windows as determined by wood window manufacturer and the General Manager (GM) of the Planning and Development Department (P&DD) or his/her designate, in accordance with the General Guidelines for Rehabilitation. Selectively replace, in kind, windows too deteriorated to repair and construct new wood storm windows (painted finish) to match original in all respects. Install weather stripping, caulk and seal as required throughout.

$3,500

Phase 3

Conservation of exterior wood components, preparation and painting: Repair original wood siding and wood components as determined by contractor and the GM of the P&DD or his/her designate, in accordance with the General Guidelines for Rehabilitation.

Prepare all wood surfaces to be painted and paint with historically appropriate colours as required.

$3,500

TOTAL

$15,000

THIS IS SCHEDULE “C” TO THE REHABILITATION INCENTIVE AGREEMENT DATED THE _____, DAY OF ___________________, 2000, MADE BETWEEN BARRIE BURDEN and CLAUDETTE DORION AND THE CITY OF EDMONTON

______________________________________________________________________________

MAINTENANCE AGREEMENT

THIS MAINTENANCE AGREEMENT made this day of , 2000.

BETWEEN:


(“the City”)

- and -

BARRIE BURDEN and CLAUDETTE DORION

(“the Owner”)

WHEREAS:

A. The Owner is the registered owner of lands within the City of Edmonton legally described in Schedule “A” (“the Lands”) and the building located on the Lands (“the Roy Gerolamy Residence”).

B. The Municipal Council of the City of Edmonton (“the City Council”) did on _____________, 2000, pursuant to the Historical Resources Act, R.S.A. 1980, c. H-8, as amended (“the Act”), give third reading to and duly passed Bylaw 12223 being a Bylaw to Designate the Roy Gerolamy Residence and the Lands located at 9823 – 91 Avenue as a Municipal Historic Resource. (“the Designating Bylaw”)

C. The Owner and the City have entered into an Agreement dated __________________ (“the Rehabilitation Incentive Agreement”) which Agreement deals with the amount of Rehabilitation Incentive to be paid to the Owner by the City to encourage the designation and rehabilitation of the Roy Gerolamy Residence as a Municipal Historic Resource and in satisfaction of any claim for compensation the Owner might have under the Act.

D. Pursuant to Section 25 of the Act, the Owner and the City have also agreed to enter into this Agreement related to the conservation and ongoing maintenance of the exterior physical fabric of the Roy Gerolamy Residence.

E. In accordance with Section 25 of the Act this Agreement shall be registered on the title of the Lands and this Agreement may be enforced by the City against the Owner or its successors in title of the Lands, whether the obligations herein are positive or negative in nature, notwithstanding that the City may not have an interest in the Lands.

In consideration of the mutual and other covenants hereinafter contained, the parties hereto covenant and agree as follows:

1. INSPECTIONS

1.1. Each year after the issuance of the Notice of Completion for Phase 1 of the Rehabilitation Work, pursuant to Clause 6.2 of the Rehabilitation Incentive Agreement, the Owner agrees, on 14 days written notice from the City, to allow a designate of the City to undertake an inspection of the building fabric. Costs of this annual inspection shall be borne by the City.

1.2. The City shall notify the Owner in writing within 14 days of the inspection if there are deficiencies.

1.3. The City and Owner shall agree to a remedy schedule to address any deficiencies arising from the inspection. If the General Manager (GM) of the Planning and Development Department (P&DD) considers that any aspect of the remedial work is deficient, the Owner may either remedy the deficiencies or submit the question of whether the work has been properly performed to an arbitrator in accordance with the provisions of this Agreement. Should the Owner choose to remedy the deficiency, the GM of the P&DD or designate shall re-inspect the Roy Gerolamy Residence within 14 days of being notified by the Owner that any identified deficiencies have been corrected.

1.4. All costs associated with maintenance/repair work shall be borne by the Owner. Any such maintenance/repair work shall be undertaken in a manner consistent with the General Guidelines for Rehabilitation, which is part of Schedule “B” to the Designating Bylaw.

2. NOTICE

2.1. Any notice to be given pursuant to the terms of this Agreement shall be sufficiently given.

2.1.1. In case of notice to the City, if such notice is sent by prepaid registered mail, or personally delivered, in an envelope addressed to:

General Manager

Planning and Development Department

2nd Floor, Metro Net Tower

10250 - 101 Street N.W.

Edmonton, AB T5J 3P4

and also to:


9th Floor, Chancery Hall

Sir Winston Churchill Square

Edmonton, AB T5J 2C3

2.1.2. In case of notice to the Owner, if such notice is sent by prepaid registered mail, or personally delivered, in an envelope addressed to:

Barrie Burden and Claudette Dorion

9823 – 91 Avenue

Edmonton, AB T6E 2T5

2.2. Notice given as aforesaid, if posted in Alberta, other than during a postal disruption, shall conclusively be deemed to have been given on the fifth business day following the date on which such notice is mailed. Notice during a postal disruption shall be personally delivered. Any notice personally delivered shall be deemed to have been given on the date of actual delivery.

2.3. Either party may, at any time, give notice in writing to the other of any change in address of the party giving such notice and, from and after the giving of such notice, the address therein specified shall be deemed to be the address of the said party for the giving of notice hereunder.

2.4. The word "notice" in this Clause 2 shall be deemed to include any requests, applications, information, statements or other writing required or permitted to be given by either party to the other.

3. INDEMNITY

3.1. The Owner shall indemnify and save harmless the City, its servants, agents and employees, from and against any and all claims, losses, demands, payments, actions, suits, judgements, damages and expenses of every nature and kind brought or claimed against the City, its servants and agents, by any party whatsoever, which may arise directly, indirectly or incidentally, in tort and in contract, or either, out of the performance or non‑performance by the Owner of its obligations under this Agreement, except any such claims which are caused by the wilful misconduct or negligence of the City, its officers or employees.

3.2. The City shall indemnify and save harmless the Owner, its servants, agents and employees, from and against any and all claims, losses, demands, payments, actions, suits, judgements, damages and expenses of every nature and kind brought or claimed against the Owner, its servants and agents, by any party whatsoever, which may arise directly, indirectly or incidentally, in tort and in contract, or either, out of the performance or non‑performance by the City of its obligations under this Agreement, except any such claims which are caused by the wilful misconduct or negligence of the Owner, its officers or employees.

4. GENERAL

4.1. Time shall be of the essence of this Agreement, and of every part hereof. Any time limit specified in this Agreement may be extended with the consent in writing of the parties but no such extension of time shall operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit.

4.2. Whenever the singular or neuter or masculine is used in this Agreement, it shall be construed as meaning the plural or feminine or body corporate, where the context so requires hereof.

4.3. The parties covenant and agree to do such things, to issue such instructions and to execute such further documents, Agreements and assurances as may be necessary or advisable from time to time in order to carry out the terms and conditions of this Agreement in accordance with their true intent.

4.4. Whenever any thing or matter is to be done to the approval of, satisfactory to, acceptable to or is subject to similar determination to or by the City, or the employees or officers of the City, including the GM of the P&DD, such parties shall act reasonably and in a timely manner.

4.5. This Agreement shall not nullify, replace, circumvent, extend or modify any existing statutes, bylaws, or permit conditions, which govern development or construction within the City.

4.6. No condonation, forgiveness, waiver or forbearance by any party of any non‑observance or non‑performance by any other party of any of the provisions hereunder will operate as a waiver or forbearance against the first such party in respect of any such provision or any subsequent non‑observance or non‑performance by any party of any of the provisions hereunder.

4.7. In the event that one or more Clauses of this Agreement are declared invalid or unenforceable by a Court of competent jurisdiction, the parties agree that such Clause or Clauses shall be severable from the remainder of this Agreement, and that the other provisions herein shall continue in full force and effect.

4.8. The Owner covenants and agrees that it shall obtain the same covenants as are herein contained, including this covenant, from any person to whom it may, in any way, convey the fee simple estate of the Lands, or any part thereof.

4.9. This Agreement shall not be modified or amended except by an instrument in writing signed by the parties hereto.

4.10. The validity and interpretation of this Agreement, and of each Clause and part hereof, shall be governed by the laws of the Province of Alberta.

4.11. Notwithstanding Clause 1.1 hereof, the City shall by itself, its servants and agents be permitted, at all reasonable times, after having given at least seven (7) days prior written notice to the Owner, to enter onto the Lands and observe the exterior appearance and condition of the physical fabric of the Roy Gerolamy Residence.

4.12. The covenants set out in this Agreement shall run with the Lands and shall enure to the benefit of and be binding upon the parties and their respective executors, administrators, successors and assigns and all references to "the Owner" shall, where the context so admits or allows, include the occupiers for the time being of the Lands.

4.13. In the event that the fabric of the Roy Gerolamy Residence is destroyed through natural or other disaster this Agreement shall be of no further force and affect and the City shall discharge this Agreement and Caveat relating thereto registered against the Lands.

4.14. Pursuant to Section 25(2) of the Act the City shall be entitled to have this Agreement endorsed on the Certificate(s) of Title for the Lands. The City agrees that it shall, at the request of the Owner, postpone any Caveat it might register pursuant to this Clause to mortgage or other project financing.

The Owner and the City have executed this Maintenance Agreement on the ____ day of _________________, 2000.

APPROVED:


as represented by the General Manager of the Planning and Development Department

As To Form: __________________________


As To Content: ________________________

_____________________________

Head of Department

BARRIE BURDEN

Witness: ______________________________

Per:__________________________

CLAUDETTE DORION

Witness: ______________________________

Per:__________________________

THIS IS SCHEDULE “A” TO THE MAINTENANCE AGREEMENT DATED THE _____, DAY OF ___________________, 2000 MADE BETWEEN BARRIE BURDEN and CLAUDETTE DORION AND THE CITY OF EDMONTON

LANDS OWNED BY THE OWNER

Certificate of Title No. 972 108 900

Plan I21, Block 125, Lot 17

Excepting thereout: all mines and minerals.

LOCATION OF THE ROY GEROLAMY RESIDENCE

9823 – 91 Avenue

Plan I21 Block 125 Lot 17

Site Location: ShadedPLANNING AND DEVELOPMENT DEPARTMENT

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report attachment - for city council february 15, 2000...

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