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HomeMy WebLinkAboutPD-305-87DN: 305-87 .,~,. µ~„~, w TOWN OF NEWCASTLE REPORT ~~I~: General Purpose and Administration Committee T ~~~ File #~~ ~,,. /,., Res. # By-Law # ~~~ Monday, December 7, 1987 T ~~ PD-305-87 FIDE #o lOM-797, 18T-85032 & 18T-84029 SU~CTa WHITECLIFFE SUBDIVISION DEVELOPMENT AGREEMENT REQUEST FOR REDUCTION OF LETTER OF CREDIT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-305-87 be received; and 2. THAT the request submitted by D.G. Biddle and Associates Limited, on behalf of Whitecliffe Development, for a reduction in the Letter of Credit from $2,375,237.20 to $1,132,769.57, in consideration of the works completed, be approved; and 3. THAT the Owner be so advised. BACKGROUND AND COMMENT: Within the Development Agreement between the Town of Newcastle and Betty Jo King and Archie Earl King, Paragraph 3.11 entitled "Requirements for Release of Performance Guarantee" lists the obligations to be completed prior to the releasse of any portion of a Performance Guarantee as provided. To that end, Staff would note that Subparagraph 4 states that the Town may, from time to time, reduce the amount of the value of the Performance Guarantee to reflect the progress of the ...2 J ~j~ REPORT NO.: PD-305-87 PAGE 2 ----®-------®----®®®_®------m®__-_®®®_®®-___®_®®®___®_-®_____-®__®-__®_®_-____ works required to an amount equal to the value of the uncompleted works plus 10~ of the value of the completed works on approval by the Director of a Progress Certificate prepared by the Owner's Engineer. Staff would note that in consideration of the above-noted terms, a request has been submitted by D.G. Biddle and Associates Limited on behalf of the Owners, for a reduction in the present Letter of Credit to reflect the works completed. Staff would advise that the Works Department, in commenting, acknowledged that the necessary works have been completed in accordance with the provisions of the Subdivision Agreement and Town practices to permit the reduction in the Letter of Credit as requested. As Committee is aware, Council, at their meeting of November 23, 1987 by resolution, required that any reductions in Letters of Credit within the Courtice Urban Area are to proceed only by resolution of Council. Accordingly and in consideration of the request submitted and confirmation that the works have been completed to Town standards, Staff would have no objections to the reduction as contained within the recommendations of said Report. LDT*TTE*jip *Attach. November 25, 1987 CC: D.G. Biddle & Associates Consulting Engineers 96 King Street East OSHAWA, Ontario L1G 1B6 Recommended for presentation to the Committee Lawrence ~ otseff Chief Ad n'strative Officer CC: Halminen Homes 30 Caristrap Street BOVJP9ANVILLE, Ontario L1C 3Y7