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Home My WebLink AboutWD-91-82 r REPORT #4 l i L L= f r✓ CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987.5039 REPORT TO THE COUNCIL MEETING OF NOVEMBER 1, 1982. WD-91 -82. SUBJECT: DARLINGTON INDUSTRIAL SUBDIVISION MAINTENANCE AND MAINTENANCE GUARANTEE. RECOMMENDATION: It is respectfully recommended: 1 . That Coutf-i-1--g ALe---Umed -a-te- ins-t-r�u-c,-t.i.an-_a_n.d.._..di..re-1c-� as----tom thB-.-.0 n de-r to f a tre e`i n nth the Dar l i n g ton Industrial Subdivision; and, 2. That the Town pursue, with the Developer, the matter of completion of the final construction, as provided for in the Agreement between Darlington Industrials Limited and the Town of Newcastle; and, 3. That, failing Item 2, the Town draw on the Letters of Credit provided by Darlington Industrials Limited and Marilyn Carswell , to complete the necessary works and, further, assess any costs not covered by the Letters of Credit against the taxes for the Developer's holdings. BACKGROUND: In 1978, the Town entered into an Agreement with Darlington Industrials Limited and Marilyn Carswell for the development of an industrial subdivision in Lots 27 & 28, Broken Front Concession, former Township of Darlington. Among the provisions of the Agreement were the WD-90-82 - 2 - stipulations that the Developer would construct certain works which would, upon completion satisfactory to the Town, be accepted by a Certificate of Completion; after a two-year maintenance period (during which time the Town would hold a Performance Guarantee provided by the Developers) , and the completion of all works within the development to a satisfactory standard and condition, a Certificate of Release would be issued and the Performance Guarantee would be returned to the Developer. For some reason, which is not evident from a research of the files, a Certificate of Completion was issued in May of 1979, although all of the works had not been completed to the satisfaction of the Town. A Performance Guarantee of $25,000 was held by the Town but, again for some unknown reason, this was reduced to $10,000. A Certificate of Release was never issued after the two-year maintenance period. Works yet to be completed include: a final lift of asphalt on the roads, ditching, boulevard sodding and landscaping, final engineering drawings, etc. REPORT: Since 1979, various industries have purchased lots in the subdivision and are presently conducting business there and paying Municipal taxes. As the subdivision has not yet been accepted by the Town, there has been no maintenance provided by the Town, nor, in fact, by the Developer; the result is that the subdivision is in a somewhat unkempt condition. One qualification of the above is that the Town has provided winter maintenance, and has billed the Developer for same; however, the Town has never been reimbursed in respect of these operations. In any event, the companies who have located in the development are unhappy with the physical appearance of the area and are now requesting the Town to perform maintenance to rectify the situation. I As this matter is governed by the original Agreement between the Developers and the Town, Staff do not feel at liberty to perform the works requested. Council , as the executor of the Agreement on behalf of the Town is, however, in a position to both rectify the situation and pursue the completion of the Agreement, according to the Town 's i WD-90-82 - 3 - requirements. This may be achieved as follows: 1 . The Town could perform the necessary works, and keep a separate account of the costs involved. 2• The Town will correspond with the Developers advising of the works required and indicate that if they (the Developers) fail to complete same that the Town will draw on the Letters of Credit and take other legal actions to ensure satisfactory completion of the works. 3. Failing a reaction to the above by the Developers, the Town will draw the Letters of Credit, budget for the necessary works, complete them in 1983 and assess the associated costs against the lands held by the Developers as part of their tax bill . 4. Failing payment of these costs through taxes, the Town will sieze the lands to recover the costs involved. 5. The Town will assume the Municipal services in the development. The above procedure has been discussed with the Town's Solicitor, who concurs that this is the course of action to follow. To resolve both the immediate and long term issues related to this matter, it is recommended that the foregoing be initiated without delay. Respectfully submitted, R.G. Dupuis, P. Eng.. , Director of Public Works. i October 27, 1982. I RGD:vh j r Public Works Committee - 4 - August 7, 1979 Resolution --&W-182-79 Plover! by Con. Holliday, soconied by Con. Prout Access THAT the matter of ncc esn to Orono Arena he tabled to until such time as Princess ald/aar Rowe Street Orono are considered for Improvements, and Peport 195 Arena be received for information. "CARRIED'' Resolution Md-183-79 Moved by Con. Holliday, seconded by Con. Prout Parking VAT the recommendation in Report 181 be endorsed Signs and the letter from the Region of Durham rr.lative on to Parking Signs on Regional Road be received for i0glonral information and the subject matter not end"rsod Roads by the Town of Newcasti - and further, that thi,,; Municipality notify the Region that, In our opinion, do installation and maintenance costs for parking signs can ltegion,al roads entering an urban area, should be the reNponsibi. lit.y of the "unicip.allty to which the by-law is applicable. "CARR) ED" �t>lutinn ll14-184--79 Ttem 9, Report to Council of August 13, 1979. Moved by Con. Holliday, seconded by Mayor Rickard 'ADOPTED' THAT the recommendation In Report 182 be endorsed and laarlin�;toaa Darlington industrial Subdivision be placed on the Industrial maintenance program, for fa two yeiar period from May 31 , Suhdivisic,n 1979, and that .a Certificate of Completion be Issued, as per the Terms of the Subdivision Agreement . "C:ARRI ED" Resolution_UW-1135-79 Moved by Con. Holliday, seconder( by (,on. PCOUt Road 7'IVT the recommendation, as amended, in 'Report LB5 be lmprovvment s endorsed and Mr. and Mrs;. Atkinnon he notified of the Lot ) Town Policy, as set out in Resolution #W-398--7 1 ;and, further Concession 7 that authorization be granted to the Applicant to improve former the subject toad allowance, at the appellant' a expenNU, NrI int ion betwcrn Lots 2 and 3, Concession / , former Dar I I"gt"11 to :a r,tandard ac:ceptnh [v to that Ton , I "CAhR i rl)" Nca. 1 F37 `.9 TOWN OF �iEF7CAS'TLE PURL IC�WORKS DEPARTMTsN'd' Director's Report to Public Works Committee. Item: Maintenance Program. Date: July 23, 1979. Subject: Darlington Industrial Subdivision. 41e Background: On ,July 26, 1978, the Town 'of Ncv. castle entered into a Develop- ment Agreement with Darlington Industrials Limited for the construction of an Industrial Subdivision in the south-west gVadrant. of McKiUght's Road and Baseline Road. At the present time they Subdivider 1118 completed the required Works and has requested that the Subdivision be issued with a Certificate of Completion and be placed on the Maintenance Program, as per the Terms of the Subdivision Agreement. Recommendation: THAT Darlington Industrial Subdivisio~l be placed on the main- tenance program, for a two -year period from May 31, 1979, and that a Certificate of Completion be :issued, as per the Terms Of the Subdivision Agreement, i I i