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HomeMy WebLinkAbout93-115 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93-115 Being a By-Law to authorize the issuance of a Certificate of Acceptance for the Final Works constructed on the lands in Plan 1OM-837 and to release the Maintenance Guarantee for them. WHEREAS the Director of Public Works has advised Council that the maintenance period for the Final Works constructed by Nor-arm Developments Inc. , pursuant to an agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837, will be completed on August 19, 1993 . WHEREAS paragraph 3. 12 of the aforesaid Subdivision Agreement provides that the Municipality is not required to release the Maintenance Guarantee for the Works, deposited with the Municipality, to the owner until the issuance of a Certificate of Acceptance and certain other works are satisfied. WHEREAS paragraph 5.24 of the aforesaid provides in part that in addition to any other requirements contained in it, no Certificate of Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Town Council has approved the written report of the Director that all such Works have been maintained to the approval of the Director for the period set out in paragraph 5.23 of this Agreement. NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT, conditional on the Director of Public Works filing a report with the Clerk on or after August 19, 1993, that he has inspected all of the works for which a Certificate of Completion was issued and that all such Works have been maintained to the approval of the Director, the Director of Public Works may issue a Certificate of Acceptance of the Works referred to in the Subdivision Agreement dated May 23, 1990, between the former Town of Newcastle and Nor-Arm Developments Inc. and Pinetree Development Corporation and 683794 Ontario Ltd. on lands in Plan 1OM-837 which are located on portions of the lands to which registered Plan 1OM-837 applies. 2. THAT when the requirements of paragraph 3. 12 of the Subdivision Agreement referred to in Paragraph 1 have been satisfied, the Treasurer shall be authorized to release the 2 - Maintenance Guarantee for the Works for which the Acceptance Certificate is issued to the person who the Treasurer determines to be entitled to receive the same. BY-LAW read a first and second time this 19th day of July, 1993. BY-LAW read a third and finally passed this 19th day of July, 1993. YOR CLERIC