Conditions: The City will retain an easement on all or part of the land described above, as determined by the City Solicitor and agreed between the parties, in favour of the City of Windsor for George Avenue Park, with the wording of said easement to be agreed as between the parties; and,

The Windsor Utilities Commission shall, as part of the restoration of the site, be responsible for the following elements, at its own expense and in consultation with the Executive Director of Parks and in accordance with the park redevelopment plan:

The Windsor Utilities Commission shall also pay to the City on closing the sum of $56,000 to fund the contingency allowance for the construction of the playground and associated elements as outlined in the parkland redevelopment budget. The City may utilize this contingency allowance consistent with its usual practice in such projects, acting reasonably. At the closing of the project, any unused funding in this contingency allowance shall be calculated and returned to the Windsor Utilities Commission, without interest, in recognition of the intent to utilize the fund for contingency purposes.

Transaction to be completed no later than May 1, 2016

Account: Parkland Acquisition Fund 151.

III. That all transactions BE COMPLETED electronically, for the properties where it is available, pursuant to By-Law 366-2003 and that the Chief Administrative Officer and the City Clerk BE AUTHORIZED to execute all documents necessary to complete the transactions, as required, and that the City Solicitor or designate BE AUTHORIZED to execute documents standard to a real estate transaction.

Carried.

Agenda Item: C5

Report Number: 18093

Clerk’s File: SR/11917

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