Green Infrastructure Partners Inc. (GIP) still doesn't own the old General Hospital site, but the company's now allowed to start drilling, boring, digging, excavating, dismantling and other demolition-related activities on the property.
Under an agreement approved by city council on Tuesday, the city will have no liability for anything that might go wrong while it still owns the derelict structure, unless the city has itself been negligent.
Councillors agreed unanimously to authorize Mayor Matthew Shoemaker to sign the six-page agreement at a special Zoom meeting that lasted three-and-a-half minutes.
No questions were asked and there was no discussion about the deal, which had previously been signed by John Pontarollo, GIP's chief operating officer.
As SooToday reported yesterday, the city is waiting for the property to be certified by the local registry office before the sale to GIP can close.
That could take weeks, but GIP has committed to tear down the old hospital as quickly as possible.
The company has committed to fast-track demolition of the former General starting 30 to 45 days after the sale closing date, with a demolition duration expected to be six to eight weeks.
Here are two key clauses from the agreement signed on Tuesday:
GIP as constructor and as an employer under the OHSA [Occupational Health and Safety Act] at the property agrees to indemnify and save the city, its elected officials, directors, employees and agents harmless from any liability, action, claim, prosecution or suit, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out of the performance of its obligations under this agreement, including any negligent act or omission on its behalf or by anyone for whom it is in law responsible, save and except where the liability, action, claim, loss, injury, damage, payment, cost, fine, recovery or expense, including assessable legal fees, arises out of the negligence of the city and its representatives, employees or agents.
More specifically, should the city incur any prosecution, suit, loss, damage, payment, cost, fine. fine surcharge, recovery or expense, including accessible legal fees pertaining to any allegation the city failed to comply with any OHSA laws, whether as owner, constructor, or employer under the OHSA, for work performed at the property after GIP commences work, and prior to completion of the agreement of purchase and sale, GIP agrees to fully indemnify the city and save the city harmless from such prosecution, suit, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees.
GIP must provide a site-specific safety program satisfactory to the city.
It must ensure no demolition occurs until all asbestos-containing materials are removed to the extent practicable.
The company must also obtain commercial general liability insurance of $10 million per occurrence, including coverage for firefighting expenses and elevator and hoist liability.
It's required to have a contractor's pollution liability policy not less than $5 million.
The company has been granted an exemption from the noise bylaw during demolition to permit work on a modified work schedule of 10 days on, four days off, with site work to be completed Monday to Friday 7 a.m. to 6 p.m., and Saturday and Sunday, 7 a.m. to 5 p.m.
Its demolition activities on the site may include crushing brick and shredding of materials.