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Home My WebLink AboutWD-26-87 /. (T TOWN OF NEWCASTLE ' 'J� '/J1 :'"A'� REPORT File # / �• Res. # ( " By-Law # MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 16, 1987. REPORT #: WD-26-87 FILE #: SUB.JECT: RILLS OF LIBERTY NORTH - PLAN 1OM-749 SYDEL COURT AND GARY COURT RECOMMENDATIONS: I I, I It is respectfully recommended: 1 . That Report WD-26-87 be received; and, 2. That the placing of the Rills of Liberty North, Plan 1OM-749, Sydel Court and Gary Court, on maintenance, be approved. . .. .2 µot Page 2 Report No. WD-26-87 REPORT: Section #46 (attached) of the subdivision agreement for the Rills of Liberty North requires that Council approve the placing of the services and road works constructed as Sydel Court and Gary Court of Plan 10M-749, on maintenance. An inspection of the works was completed in January, 1987, and there were no apparent deficiencies noted that would delay the works from being placed on maintenance. It is, therefore, recommended that the placing of the final phase of the Rills of Liberty North on maintenance be approved. Respectfully submitted, Recommended for presentation to the Committee, 52f��-3z�z Gordon J. Ough, P. Eng. , Lawrence otseff, Director of Public Works. Chief Ad/dtrative Officer . GJO:jco March 6, 1987. ws Kea IE CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623.3379 February 18th, 1987. East Woodbridge Developments Ltd., 100 Strada Drive, Unit 1, Woodbridge, Ontario. L4L 4L5. Attention: Maurice Stevans, P.Eng. Dear Sir: RE: RILLS OF LIBERTY NORTH - PLAN M-749 SYDEL COURT & GARY CT. In accordance with the subdivision agreement for the above noted development, an inspection of the works has been completed and there were no apparent deficiencies noted that would delay the works from being placed on Maintenance. Subject to the provision of Section 46 of the subdivision agreement (i .e. Report to Council for Approval of the above mentioned) a two year maintenance period in accordance with Section 47 commencing February 2nd, 1987 would be appropriate. Any deficiencies noted by our inspector have been recorded and a copy of same will be issued to your inspector. This deficiency list will be updated to reflect further deficiences recognized during the maintenance period. If you have any questions regarding the above, please contact the undersigned. Yours truly, 4V , ��/Z S. Cannella, C.E.T. , Engineering Supervisor. ASC:mev cc: J. Hamadi REQUIREMENTS FOR CERTIFICATE OF COMPLETION 46. The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed for the pruposes of this Agreement until the Director has provided the Owner with written onf any a."Certificate of In addition to to any q shall be issued until: (1) Such of the Works authorized by the' Authorization to Commence Works, for which a Certificate of Completion is required, have been inspected by the Director, and the Municipal Council has approved the written report of the Director that such lled in accordance with the latest version of Works have been constructed and insta the Engineering Drawings approved by the Director; and (2) the Municipality is satisfied that, in respect of the construction and installation of all of the Works authorized by such Authorization to Commence Works, there are no outstanding claims relating to such Works. PERIOD OF REQUIRED MAINTENANCE OF WORKS 47. The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. I (1) all of the roads:which are required to. be constructed under. this;Agreement, which will provide access to such building, have had the application of the base halt, to' written approval of the Director; and course of asp ted and (2) all of the storm drainage system required to be construc pnrovaeofto service such building has been constructed and installed to the written app the Director, and -the building has been connected thereto; and (3) all of the Utilities, save telephone, required to be constructed and installed and connected to the building have been so constructed, installed and connected to the written approval of the authorities having jurisdiction over such Utilities; and (4) the building has been connected to and is serviced by a water supply and sewage disposal system- to the written approval of the Durham Health Unit; and (5) the Owner"'s Engineer has provided the Director with written confirmation that the lot or block, where such building is located, conforms Director the Grading respecanto Drain- age Plan, or has received the written approval variance to the Grading and Drainage Plan. OCCUPANCY PERMIT x , 44. Prior to the issuance of the first building permit the Owner agrees to lodge with the Municipality an irrevocable letter of credit issued does chartered Canadian not bank in the amount of $10,000.00 to guarantee that occupancy res- pect of any lot or block before the issuance of an Occupancy Permit for such lot or block. In the event that.occupancy occurs in respect of any lot or block before the issuance of an Occupancy Permit contrary to paragraph 43, the sum of $2,000.00 shall be immediately forfeited to the Municipality for each such lot or block and upon ll immediately restore the letter of credit to the•full amount forfeiture the Owner sha of $10,000.00 so that the amount of security deposit on hand with the Municipality is always equal to $10,000.00. The letter of credit shall be released to the Owner at in Agreement or atesuchtearliersdate for occpancy beumutually agreed ainewritinghbytthespartiess such time as MAINTENANCE OF ROADS AFTER ACCEPTANCE 45. (1) Notwithstanding any other requirement in this Agreement to maintain the Works, if any building on the said Lands is occupied, the Owner shall maintain all of the roads, which are required to be constructed and which provide access to such building, until a Certificate of Acceptance has been issued for such road. The Owner shall: (a) maintain the roads at all times in a well drained, dust and udtfree condition, fit for all normal vehicular traffic, to the approval Director, and (b) during the course of installation of the Works and Utilities provide and maintain safe and adequate access to all occupied buildings. (2) The Municipality agrees to snowplow and sand paved subdivision roadways. Unti the roadways are vested in the Municipality the Owner shall pay fifty (50%) percent of the actual cost of snowplowing and sanding such roadways. (3) The provision of any work or service by the Municipality under paragraph 34 or subparagraph (2) of this paragraph shall not in any way constitute approval or assumption of the road and the road shall not be deemed to have been assumed until a Certificate of Acceptance has been issued. REQUIREMENTS FOR CERTIFICATE OF COMPLETION 46. The Owner agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to be completed ntil the Director has provided the Owner with for the pruposes of this Agreement u written confirmation thereof, referred to herein as a."Certificate of Completion." ts contained herein, no Certificate of Completion In addition to any other requiremen shall be issued until: (1) Such of the Works authorized by the' Authorization to Commence Works, for which a Certificate of Completion is required, have been inspected by the Director, ed the written report of the Director that such and the Municipal Council has approv Works have been constructed and installed in accordance with the latest version of .. _..., ......A 7_ ri c ni r—t-nr; And - 13 (2) in respect of the construction and the Municipality is satisfied that, installation of Works relatingAto}tsuchaWoorks. PERIOD OF REQUIRED MAINTENANCE OF WORKS 47. The Owner shall from the date of the issuance of a Certificate of Completion maintain all of the Works covered by such Certificate of Completion for a period of two (2) years. MAINTENANCE GUARANTEE REQUIRED_ 48. In order-.to guarantee that all defects in the Works, which become apparent after the issuance of a Certificate of completion such theWorks, issuancewill ofe properly repaired or replaced, the Owner shall, p rior to the Certificate of Completion for such Works, lodge with the Municipality a Main- tenance Guarantee in the form of cash or an irrevocable letter of credit from a chartered Canadian Bank, and in an amount equal to ten percent (10%) of the estimated cost of the Works as set out in Schedule "J" hereto. The form of the Maintenance Guarantee shall be subject to the approval of the Municipal Solicitor, and the Municipal Treasurer, and shall guarantee the Works for two (2) years from the date of completion. USE OF MAINTENANCE GUARANTEE 49. The owner agrees that the Municipality may at any y time, by Maintenance resolution of of any Municipal Council; authorize the use of all or any b the Owner to the Guarantee if the ,Owner fails to pay any costs, payable Y Municipality under this Agreement, by the due date of the invoice for such costs, REQUIREMENTS FOR RELEASE OF PERFORMANCE GUARANTEE to the Owneretheg unused hportion ofi any aPerformance nGuarantee i release until: (1) a Certificate of Completion has been issued for the Works for which such Performance Guarantee was required; and (2) the Owner has deposited with the Municipality the Maintenance Guarantee applying to those Works for which such Performance Guarantee was required; and (3) the Municipality is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was required, there are no outstanding claims relating to such Works. REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE 51. The Owner agrees that any of the Works covered by a Certificate of Completion shall not be accepted, nor deemed to be accepted, for the purpose of this Agreement, until the Director has provided the Owner with written , confirmation thereof, referred to herein as a "Certificater fAcceptanCe" In addition to any other requirements contained herein, no Acceptance shall be issued until all of the Works covered by such Certificate of Completion have been inspected by the Director and the Municipal Council has approved the written report of fthe-Director that all such Woutsinap g ph . ___ .. i f rha Director for the period