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HomeMy WebLinkAbout93-139 f. t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93-139 Being a By-Law to authorize the Municipality of Clarington to Accept a Proposal of the Royal Bank of Canada with Respect to the Trulls Delbert Subdivision WHEREAS at a meeting held on July 19, 1993, the Council of the Municipality of Clarington endorsed resolution #GPA-479-93 authorizing the Director of Public Works and the Treasurer to expend the monies received from the presentation of the letters of credit to satisfy the Owner's obligations in respect of the completion of the construction and maintenance of the Phase 1 and Phase 2 works in accordance with the Phase 1 and Phase 2 Subdivision Agreements; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to endorse a copy of a letter dated August 31, 1993 from the Royal Bank of Canada with respect to the Trulls Delbert Subdivision Phase 1 (Plan 40M-1684) and Phase 2 (Plan 40M-1685) and completion of all outstanding works. 2. THAT the letter attached hereto as Schedule "A" forms part of this By-law. By-law read a first and second time this 13th day of September 1993. By-law read a third time and finally passed this 13th day of September 1993. ayor Deputy Clerk i .•� ;. • R(*AL BANK R.W.Lawrence Royal Ban f Canada Senior Account Manager Regional Corporate Centre Real Estate 40 King Street West, 8th Floor Oshawa, Ontario L1 H 1 A4 Transit 08556 (416)436-6883 Fax: (416) 436-7347 August 31, 1993 i SEP 0 - _ Walter Evans Director of Public Works Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Evans: Re: Trulls Delbert Subdivision Phase I (Plan 40M-1684) and Phase II (Plan 40M-16851 and completion of all outstanding works Royal Bank is a secured lender to the developers of the above-referenced subdivisions and as mortgagee of the subdivision lands has executed the subdivision agreements with the Municipality of Clarington affecting these lands to postpone the Bank's security to the subdivision agreement. Our Bank has also delivered to the Municipality letters of credit as security for the obligations of the developers pursuant to the subdivision agreements and in particular the completion of the Works (as defined in the subdivision agreements) . You have advised that the Municipality had given final notification to the developers to complete the outstanding Works by August 13, 1993 and the developers have failed to complete those Works by that date. Tenders had been received by the Municipality for the completion of the Works except for the construction of the detention pond and the Director of Public Works is now in a position to recommend to the Municipal Council the acceptance of one of the submitted tenders. We have advised by the Director that prior to being able to make such recommendation to the Municipal Council the Director must be in a position to advise the Municipal Council that the amount of the proposed construction contract price had been received by the Municipality pursuant to a draw upon the letters of credit or that satisfactory arrangements have been proposed by the Royal Bank for the timely of payment of progress draws all in accordance with the terms of the construction contract to be entered into by the Municipality for the completion of the Works. Royal Bank proposes and undertakes to the Municipality as follows: -. 1. Upon presentation of appropriate invoices, the Royal Bank will pay all rl"onable legal, consulting and administrative costs incurred or to be incurred by the Municipality as a result of the default of the developers in completing the Works as required by the subdivision agreements. In consideration of this undertaking and agreement the Municipality agrees not to charge a management fee as provided for in the subdivision agreement. . . . /2 Walter Evans Director of Public Works August 31, 1993 Page 2 2. To pay all progress payments required by the construction contract to be entered into by the Municipality for the completion of the Works (except for the water quality work) forthwith after presentation to the Royal Bank of a true copy of appropriate certification of completed work made by the consulting engineers to the construction contract. 3. If the Municipality elects to enter into a construction contract for the completion of the detention pond then the Royal Bank shall pay the progress draws required by the construction contract to be entered into by the Municipality for the completion of the water quality work forthwith after presentation to the Royal Bank of a true copy of appropriate certification of completed work made by the consulting engineers to the construction contract. 4. The foregoing undertaking to make payments are limited to a total maximum sum of $548,651.54. The proposal and undertaking given in this letter shall not derogate from any rights which the Municipality may have to draw upon the letters of credit in accordance with the provisions of the subdivision agreements. We acknowledge that the Municipality shall continue to retain the letters of credit as security for the performance of the obligations of the developers pursuant to the subdivision agreements and that the letters of credit will not be reduced or returned except after application by the developers or the Bank for reduction or return of the letters of credit in accordance with the Municipality's usual procedure. If the Municipality does not accept this letter or if the Municipality accepts this letter and subsequently for any reason draws under the letter of credit the Bank shall have no further liability hereunder and this undertaking agreement shall be null and void. Yours truly, ROYAL BANK OF CANADA E-. ilea p Robert W. Lawrence /lm Diane Harare, Mayor Acknowledged and accepted: MUNICIPALITY OF CLARINGTON Marie P. Kni t, D ut Clerk cc: Nicholas T. Macos, Shibley Righton, Barristers & Solicitors Tony Cannella, Department of Public Works Allan McGale, Senior Manager, Royal Bank of Canada, Special Loans Group Paul Avis, Garvey, Ferris, Barristers & Solicitors