Webb & Knapp (Canada) Limited et al. v. City of Edmonton

The Company will at its sole cost and expense within 120 days after execution of this agreement cause to be prepared a plan and plan material for the Civic Centre area of Edmonton as the said area is shown enclosed by a green line on the attached map which is hereby made Appendix A to this agreement at a cost estimated by the Company to be $100,000.

(1) The plan will include objective proposals for a balanced development of the civic centre that blends municipal, community and commercial elements along lines consistent with the general approach approved by City Council on May 13, 1961 and adopted in principle when Civic Centre Study Progress Report No. 1 dated May 31, 1961 was approved by Council.

(2) The plan will include a timed program with a sequence in which certain developments on any land made available to the Company as provided for in Section 7 of this agreement are to take place and the Company will indicate what it will contract to do within the timed program and when it will undertake the work. It is agreed that this timed program will contemplate alternatives and will necessarily have some flexibility.

(1) The plan above referred to will be evolved by the Company by means of planning, architectural and engineering services utilizing the services of I.M. Pei and Associates, Architects and Planners of Montreal and New York, who will utilize the services of a local Edmonton firm, and Company personnel and consultants will consult to the extent

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deemed appropriate by the City Commissioners with the City and its staff and the consultants presently employed by the City to develop the City centre plans.

(4) City Council may refuse to adopt the plan whether in its original form as presented or as modified after one or more discussions of the plan have been undertaken by City Council.

When the plan and its supporting plan material have been presented by the Company to City Council and if the Council has reached a decision that Council will not adopt the plan then the plan and the plan material will from the time of such decision automatically become the property of the City.

(1) If City Council votes to adopt the plan as put forward by the Company then the City will promptly initiate a Development Scheme under the powers in Sections 73 to 79 of the Town and Rural Planning Act or other applicable legislation with the object of carrying out the plan and if such plan is legally initiated the parties will abide by its terms unless by mutual consent the terms are varied.