HomeMy WebLinkAboutWD-33-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File ff T IT)C 5
Date: JULY It 1993 Res. #
By-Law# 41-
Report#: WD-33-93 File#: __B�- l-Q�. 008 & B.01.09 . 004
93- 115
Subject: NOR-ARM DEVELOPMENTS,
ROYAL PINES COURT AND PINETREE COURT SUBDIVISIONS
PLANS 1OM-837 AND 1OM-838
CERTIFICATE OF ACCEPTANCE - FINAL WORKS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-33-93 be received; and
2 . THAT the proposed By-laws attached to Report WD-33-93 be
forwarded to Council for approval.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Correspondence from Nor-arm Developments Inc.
dated July 12, 1993
No. 3: Copy of Sections -3,12 and 5 . 24 of the
Subdivision Agreement
No. 4: Proposed By-law for Plan 1OM-837
No. 5: Proposed By-law for Plan 1OM-838
2.0 BACKGROUND
2 . 1 The former Corporation of the Town of Newcastle entered into
two (2) subdivision agreements with Nor-Arm Developments Inc .
dated May 23, 1990, and July 16, 1990, to develop lands by
plans of subdivision, located in Bowmanville, and described as
Plans 1OM-837 and 1OM-838 respectively (Attachment No. 1) - The
agreements required the developer to construct all roadworks
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REPORT NO. : WD-33-93 PAGE 2
including hot-mix paving, curb and gutter, sidewalks,
boulevard sodding and street trees, a storm drainage system
and street lights, hereinafter referred to as the 'Works ' .
2 .2 Subsequent amending agreements were executed for both
subdivisions on June 14, 1993, providing for the separation of
the Works into four (4) stages with modified maintenance
periods:
a) Initial Works (2 years) ;
b) Stormwater Management System (2 years) ;
c) Streetlighting System (2 years) ; and
d) Final Works ( 1 year)
Furthermore, the amended agreements which reflect recent
changes to the Municipality's core agreement require that the
issuance of an 'Acceptance Certificate' for the Final Works be
subject to Council's approval.
2 . 3 Correspondence has been received from the developer noting
that the maintenance periods for the Final Works will expire
during Council's summer recess (August 5, 1993, for Plan 1OM-
838 and August 19, 1993, for Plan 1OM-837) . They have
requested that the Director of Works be pre-authorized by
Council to issue 'Certificates of Acceptance' for both
projects upon expiry of the one-year final maintenance periods
and completion of any rectifications, to the satisfaction of
the Director (Attachment No. 2) .
2 .4 Section 5 .24 of the agreement deals with the requirements for
the issuing of a 'Certificate of Acceptance' and Section 3. 12
deals with the requirements for the release of the maintenance
guarantee (Attachment No. 3) . These two items can be achieved
by the passing of the two (2) By-laws attached to this report
(Attachments Nos . 4 and 5) .
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REPORT NO. : WD-33-93 PAGE 3
2 .5 Subsequent to the Director of Public Works issuing the
Certificate of Acceptance for the Final Works, Public Works
will report back to Council in September of this year
recommending the formal assumption of the roads within the
Plans of Subdivision.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng. , Lawrence E. Kot f ,
Director of Public Works Chief Administr ti e Officer
ASC*NC*PH
July 14, 1993
Attachments
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' �' KEY MAP WD-33-93
Nor-Arm Tower, 1280 Finch Avenue wost
Suite 710, Downsviaw, Ontario M3J 31t8
NOR-ARM DEVELOPMENTS INC, Tolaphone, (416) 667-0166 Fax: (416) 667-8627
Julyt 12, 1993
THi CORPORATION OF THE TOWN OF NEWCASTLE
40 'Temperance Street
Bowmsnville, Ontario
L1 C: 3A$
Atte-ntlon: Madam Mayor Hamm and Members of Council
Deer Sir/Madam:
RE: PiNETREE DEVELOPMENT
REGISTERED PLAN 1OM-838
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Subsequent to working with the Town and with your cooperation, an amending agreement
for the Pinetree Subdivision (R.P. 10M-838) was executed, The amending agreement revised
the maintenance periods and re-categorized certain servicing works, Ala a result of the
am0ndment, the Pinetree subdivision will be ready for final acceptance on August 5th, 1993.
It was brought to our attention on July 8, 1993 that in the Town of Newcas-:le, Public Works
do not have the authority to Initiate release of construction security upon completion of a
subdivision to their satisfaction. Construction security Is not released until the subdivision
is formally accepted and a by-law is passed.
We understand that Council will soon be taking their summer recess during the month of
August.
The aforementioned factors have Created a unique problem. We are new preparing the
subdivision for acceptance in the first week of August; yet as It stands, w3 will not receive
our security back until possibly the middle of September. The Town hasr already drawn on
the Initial letter of credit and now are essentially holding $134,973.10 in cash. Without
Council granting an exception we will be penalized and have to wait because we
coincidentally finished a subdivision in the early summer. j
We were more than willing to formally present our situation to Council but were not Informed
of Public Works restraints until the day after the last day to table a deputation before Council.
We also understand that the last GPA and Council meeting for the summer may be
Combined and therefore, if this situation is to be resolved before recess, time Is of the
essence, especially if Council requests a report,
ATTACHMENT N0. 2
i 048 WD-33-93
- Page 2 -
We respectfully request your assistance in passing a motion for one of the following:
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1) Authorize staff to assume the subdivision once all deficient work is •:;ompleted to the
staff satisfaction.
2) Alternatively authorizing the staff to reduce the Letter of Credit and/or cash held by
the Town of Newcastle once the deficient work is completed,
If a staff report is necessary for this motion, we ask for your assistance In addressing the
above requests at today's council meeting, If a staff report is not necessary, we would ask
it to be addressed at next week's meeting.
We would truly appreciate it if you could contact the undersigned at (416) 667-0166 and let
us know which way to best resolve this situation.
Yours very truly,
ege-ArmoyarS; P,Eng.
Vice-President, Operations
cc: A,S, Cannella, Manager of Engineering
Larry Kotseff, Chief Administrative Officer-
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3.12 REQUIREMENTS FOR RELEASE OF MAINTENANCE GUARANTEE
The Owner agrees that the Town shall not be obliged to release to the Owner the
unused portion of any Maintenance Guarantee until:
(1) a Certificate of Acceptance has been issued for the Works for which
such Maintenance Guarantee was required; and
(2) the '_'own is satisfied that,in respect of the maintenance of all of
the Works for which such Maintenance Guarantee was required, there
are no outstanding claims relating to such Works; and
(3) the town has received the as-built drawings for such Works.
5.24 REQUIREMENTS FOR CERTIFICATE OF ACCEPTANCE
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 "Certificate of Acceptance" . In addition to any other requirements
contained herein, no Certificate of Acceptance shall be issued until all of the
Works covered by such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the Director that all such
Works have been maintained to the approval of the Director for the period set out
in paragraph 5.23 of this Agreement.
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ATTACHMENT N0. 3
WD-33-93
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan 1OM-837 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated May 23, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and 683794 Ontario Ltd. on
lands in Plan 1OM-837, will be completed on August 19, 1993.
WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance ' Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the Works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
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1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 19, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated May 23,
1990, between the former Town of Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
683794 Ontario Ltd. on lands in Plan 1OM-837 which are located
on portions of the lands to which registered Plan 1OM-837
applies.
2. THAT when the requirements of paragraph 3.12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
ATTACHMENT NO. 4
WD-33-93
- 2 -
Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time this 26th day of July, 1993.
BY-LAW read a third and finally passed this 26th day of July, 1993.
MAYOR
CLERK
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan 1OM-838 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated July 16, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and Canadian Imperial Bank of
Commerce on lands in Plan 1OM-838, will be completed on August 5,
1993.
WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the Works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 5, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated July 16,
1990, between the former Town of Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
Canadian Imperial Bank of Commerce on lands in Plan 1OM-838 j
which are located on portions of the lands to which registered
Plan 1OM-838 applies.
2. THAT when the requirements of paragraph 3.12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
ATTACHMENT NO. 5
WD-33-93
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Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time this 36th day of July, 1993.
BY-LAW read a third and finally passed this 26th day of July, 1993.
MAYOR
CLERK
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