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TOWN OF NEWCASTLE
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REPORT File #
-:� Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: JANUARY 23, 1989
REPORT #: WD-25-89 FILE #:
SOg,JECT: CERTIFICATES OF COMPLETION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT report WD-25-89 be received; and
2. THAT the Director of Public Works be authorized to issue a 'Certificate
of Completion' with the corresponding dates for each of the developments
listed on Attachment No.l.
REPORT
1.0 ATTACHMENTS
NO.l: List of developments and corresponding dates for the
'Certificate of Completion'
NO.2: Location of Burketon Hills, Plans 10M,753, 1OM-765 and 1OM-770
NO.3: Location of:
a) Schleiss & Holland Subdivision Plan 1OM-757, 1OM-759
b) Blackcreek Subdivision Plan 1OM-756
c) Gatehouse Holdings Subdivision Plan 1OM-764 and 10M-773
d) King Subdivision Plan 1OM-762
e) Roth Subdivision Plan 1OM-766
N0.4: Location of Cean Investments Subdivision Plan 1OM-761
No.5: Location of Van Andel and Gust Subdivision Plan 1OM-755
. . .2
Page 2
WD-2.5-89
2.0 BACKGROUND
2.1 The current Town of Newcastle standard subdivision agreement has evolved
since 1983 with a number of amendments designed to meet the needs of
the Town and the Developers while streamlining the administrative
process.
2.2 Prior to 1985, Section 5.22 of the agreement required the Director of
Public Works to report to Council on each phase of construction for each
development and obtain Council approval to issue a 'Certificate of
Completion' . In particular, section 5.22 read as follows:
"The Owner agrees that the construction and installation of any
portion of the Works authorized in an Authorization to Commence
Works shall not be deemed to be completed for the purposes of this
Agreement until the Director has provided the Owner with written
confirmation thereof, referred to herein as a "Certificate of
Completion". In addition to any other requirements contained
herein, no Certificate of Completion shall be issued until;
(1) Such of the 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 Town Council has approved the
written report of the Director that such Works have been
constructed and installed in accordance with the latest version of
the Engineering Drawings approved by the Director; and
(2) The Town 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."
. . .3
Page 3
WD-25-89
2.3 The purpose of the 'Certificate of Completion' was to confirm in writing
to the developer that he has constructed all the Works required by
the agreement. In addition, the date of the 'Certificate of Completion'
would be the date for which the works could be placed on maintenance
and monitored for the duration of time specified in the agreement.
2.4 In 1985 there was a major review of the agreement in order to streamline
the process and one of the amendments was Section 5.22, 'Requirements for
Certificate of Completion' . The only revision to clause 5.22 from the
pre-1985 version is that Council's acknowledgement is not required for the
Director of Public Works to issue the 'Certificate of Completion' .
Section 5.22 now reads:
"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 purposes
of this Agreement until the Director has provided the Owner
with written confirmation thereof, referred to herein as a
"Certificate of Completion". In addition to any other
requirements contained herein, no Certificate of Completion
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 he is
satisfied such Works have been constructed and installed in
accordance with the latest version of the Engineering
Drawings approved by the Director; and
(2) The Town 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."
. . . 4
Page 4
WD-25-89
2.5 There are a number of subdivisions constructed that are covered
by the pre-1985 agreements where Council's approval was required
to permit the Director of Public Works to issue a 'Certificate of
Completion' .
2.6 Because of the workload created by the numerous registered plans of
subdivision, (64) , the reports to Council to obtain Council's approval
to issue the "Certificate of Completion" did not get done.
2.7 These dates have been reviewed with the developer's consultants and
their concurrence has been obtained.
2.8 All of the necessary inspections have been completed and the integrity
and the provisons of the subdivision agreement have not in anyway been
compromised.
3.0 RECOMMENDATION
3.1 In order to formally satisfy the provisions of the agreement it is
recommended that the Director of Public Works be authorized to issue
the 'Certificate of Completion' and the corresponding date for each
of the subdivisons listed on Attachment No.l.
Respectfully submitted, Recommended for presentation
to the Committee,
1
Walter A. Evans, P. Eng., Lawrence E� tseff,
Director of Public Works. Chief Admini native Officer.
ells
January 10, 1989
i
LIST OF DEVELOPMENTS AND CORRESPONDING DATES
FOR
'CERTIFICATE OF COMPLETION'
DEVELOPMENTS CERTIFICATE OF COMPLETION
I
Burketon Hills Subdivision October 31, 1987
Plan 1OM-753, 1OM-765 and 1OM-770
Schleiss & Holland Subdivision November 4, 1986
Plan 1OM-757 and 1OM-759
Blackcreek Subdivision December 1, 1986
Plan 1OM-756
Gatehouse Holdings Subdivision January 25, 1988
Plan 1OM-764 and 1OM-773
King Subdivision December 1, 1986
Plan 1OM-762
Roth Subdivision September 9, 1988
Plan 1OM-766
Cean Investments Subdivision September 30, 1987
Plan 1OM-761
Van Andel and Gust Subdivision September 30, 1987
Plan 1OM-755
ATTACHIMENT N0,1
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