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HomeMy WebLinkAboutWD-11-93 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 15, 1993 Res. # Report#:--WD---1 1---9-3— File#: -B--DZ-11-0 0 2 By-Law# Subject: NEWCASTLE MEADOWS SUBDIVISION, PLAN 1OM-835, COMPLETION OF ALL OUTSTANDING WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-11-93 be received; 2 . THAT the Director of Public Works be authorized FORTHWITH to issue a 'Final Notification Letter' to Newcastle Meadows Inc . , and their surety, stating a completion deadline of April 30, 1993, for all outstanding works; 3 . THAT upon expiration of the aforementioned deadline, the developer's Letter of Credit be drawn down, in the full amount; 4 . THAT the Director be authorized to expend said monies pursuant to all obligations incurred or to be incurred by the Corporation of the Town of Newcastle in accordance with the Subdivision Agreement between Newcastle Meadows Inc . , and the Corporation of the Town of Newcastle; and 5 . THAT Newcastle Meadows Inc. and the Royal Bank of Canada, National Trust Company and Marianne Zakarow be advised of Council 's decision and be provided with a copy of Report WD-11-93 . /2 REPORT NO. : WD-11-93 PAGE 2 REPORT 1.0 ATTACHMENTS No. l: Key Map No. 2 : Copy of Pertinent Excerpt from the Subdivision Agreement No. 3: Copy of 'Final Notification Letter' to Developer 2.0 BACKGROUND 2 . 1 The Corporation of the Town of Newcastle entered into a Subdivision Agreement, registered April 25, 1990, with Newcastle Meadows Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 1OM-835 (Attachment No. l) . The agreement required the developer to construct a storm sewer system and all roadworks, including hot-mix paving, curbs, sidewalks, topsoil and sodding of boulevards, paving of driveway entrances, street lighting and street trees, hereinafter referred to as the 'Works ' . 2 .2 The initial works were completed by the developer in the spring of 1990 and some surface works were completed in the i summer of 1991. Since that time, there has been no progress in completing the remaining works. Despite several notices from the Town of Newcastle to complete the construction of a retaining wall adjacent to existing lands, no action has been forthcoming in this regard. In addition, there are minor maintenance issues that are not being addressed by the developer or his consulting engineers. i 2 . 3 The outstanding works include, but are not necessarily limited to: construction of a dry stone retaining wall approximately 70 metres long; construction of the primary access roadway; storm sewer repairs; base asphalt repairs; concrete curbs; concrete sidewalks; surface asphalt paving; driveway approach paving and street trees. . . . /3 l 0U � I REPORT NO. : WD-11-93 PAGE 3 2 .4 The consulting engineers for this project have advised the Town that due to lack of payment, they will no longer act on behalf of the developer or carry out work on the project. 2 .5 There is presently a Letter of Credit from the developer, valued at $677,810.48, in favour of the Corporation of the Town of Newcastle. The estimated costs of completing all outstanding works (including contingencies, and engineering) in accordance with the provisions of Section 5 . 17 of the Subdivision Agreement, are approximately $670,000. 2 .6 Under Section 5 . 17 of the Subdivision Agreement (Attachment No.2) , the Director of Public Works has the authority to order the work completed at the expense of the developer, subject to the approval of Council and upon written 'Notice' being given to the developer and his surety (refer to Attachment No. 3) . 2 . 7 In the event the developer does not complete all outstanding requirements by April 30, 1993, the Town will proceed with these works at the full expense of the developer. In order to protect the Town's interests and ensure there are no delays in accessing the developer's funds, it is recommended that the Letter of Credit be drawn down for its full value immediately following the above-noted deadline. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. TKeff, Director of Public Works Chief Adminiive Officer NC*WAE*hj March 1, 1993 Attachment . . . /4 10 03 REPORT NO. : WD-11-93 PAGE 4 pc: Newcastle Meadows Inc . The Royal Bank of Canada National Trust Company Marianne Zakarow 004 0 Q 0 c� LLJ PRIMARY ACCESS ROAD LONGWORTH AVENUE NEWCASTLE W w w MEAD 0 WS / 0 X835 J R�SG�N� G w m m =, CLAYTON CRESCENT CLAYTON CRESCENT SHORVIEW MEADOWVIEW BOULEVARD CO o y J J t 9 G BE EET T r � C: ATfACHS SUED\10M835 DRAWN BY: JIB DATE: NOV, 1992 ❑ o i©�L IATTACHMENT NO, 1 0051 KEY MAP WD-11-93 i 5.1.1 SEQUENCE OF CONSTRUCTION AND INSTALLATION The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. 5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION The Owner shall, within two (2) years of the date of the issuance of an Authorization to Commence Works, complete the construction and installation of all of the Works authorized in such Authorization to commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional facilities and perform such additional work as the town may request from time to time. 5.17 INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then ..in any such case the director on the authority of the council of the town may notify the Owner and his surety in writing of such default or neglect and within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30%) percent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) percent of all charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a default in performance under this agreement, then in any such case 'the Director may notify the Owner and his surety in writing of such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws pa y upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Director reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS The Owner agrees that, at any time and from time to time, employees or agents or the town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. ATTACHMENT NO. 2 ( ` �� WD-11-93 ll THE TOWN OF Q1�C�S��Q ONTARIO Newcastle Meadows Inc. 4300 Steeles Avenue West Unit 17 Woodbridge, ON L4L 4C2 Attn: Mr. J. Nissan RE: NEWCASTLE MEADOWS SUBDIVISION, TOWN OF NEWCASTLE, PLAN 10M-835 --FINAL NOTIFICATION LETTER-- This letter will serve as notice, as stipulated under Section 5. 17 of the Subdivision Agreement between the Corporation of the Town of Newcastle and Newcastle Meadows Inc. , that, in the opinion of the Director of Public Works, you have defaulted in performance under the conditions of the agreement. Due to a lack of progress on the above-noted subdivision, you are hereby notified that you have until April 30, 1993, to complete all outstanding works, which include but are not limited to: 1. Completion of the dry stone retaining wall; 2 . Rectification of any storm sewer deficiencies; 2 . Completion of base asphalt repairs; 3 . Completion of all curbs, sidewalks and driveway aprons; 4 . Completion of all boulevards, including sod and street trees; 5 . Completion of all surface asphalt; and 7 . Completion of the Primary Access road. All works are to be completed to the satisfaction of the Town of Newcastle and require the full time supervision of your consulting engineers, G. M. Sernas and Associates Ltd. I ATTAC jj ���� HMENT N0. 3 E� 'J WD-11-93 (,'0RPnRAT10tJ nP THE TOWN nF NFwrrAgTl F . . .2 . . .2 Public Works ' staff will review the status of these works with your consultant just prior to the April 30, 1993, deadline. Any works not completed to our satisfaction will then be carried out by the Town, at your full expense, in accordance with the terms and conditions of the Subdivision Agreement. Yours truly, W. A. Evans, P. Eng. Director of Public Works NAC/WAE/hj pc: Marie Marano, Treasurer Patti Barrie, Clerk A. S. Cannella, Manager of Engineering The Royal Bank of Canada National Trust Company Marianne Zakarow i ADDRESSES FOR REPORT WD-11-93 Royal Bank of Canada Royal Bank Plaza 200 Bay Street Toronto, Ontario M5J 2J5 National Trust 21 King Street East Toronto, Ontario M5C 1B3 Newcastle Meadows Inc. 436 Sheppard Avenue East Willowdale, Ontario M2N 3B7 Attention: Mr. J. Nissan Marianne Zakarow 282 Liberty Street North Bowmanville, Ontario L1C 2N1 I