HomeMy WebLinkAboutWD-21-95 THE XCOXX ?,IOF R ,KUNIXTykXTP TY OF CLARRXXGTON
Meeting: REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File#
Date: MAY 15, 1995 Res. #
Report#: WD-21 -95 File #: D.03.15.010
By-Law#
Subject: APPLEWOOD ESTATES (TAUNUS COURT, BOWMANVILLE), PLAN 1OM-793,
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-21 -95 be received;
2. THAT the Director of Public Works be authorized FORTHWITH to issue a
'Final Notification Letter' to Rossert Taunus Construction Ltd. , stating
a completion deadline of June 23, 1995, for all outstanding works;
3. THAT upon expiration of the aforementioned deadline, the Director of
Public Works be authorized to expend the developer's cash securities
presently held, pursuant to all obligations incurred or to be incurred by
The Corporation of the Municipality of Clarington in accordance with the
Subdivision Agreement; and
4. THAT Rossert Taunus Construction Ltd. be advised of Council's decision and
be provided with a copy of Report WD-21 -95.
REPORT
1 .0 ATTACHMENTS
No. 1 : Key Map
No. 2: Letter to Rossert Taunus September 28, 1992
No. 3: Copy of Pertinent Excerpts from the Subdivision Agreement
No. 4: Copy of proposed 'Final Notification Letter' to Developer
2.0 BACKGROUND
2.1 The former Corporation of the Town of Newcastle entered into a Subdivision
Agreement, registered August 18, 1987, with Rossert Taunus Construction
Ltd. to develop lands by plan of subdivision, located in Bowmanville and
1017
PAPER EcYIcLE j
THIS I$PRltflED CfJ RECYCLED PAPER
REPORT NO. : WD-21-95 PAGE 2
described as Plan 1OM-793 (Attachment No. 1 ) . The agreement required the
developer to construct a storm sewer system including the topsoiling and
sodding of all ditches, all roadworks including hot-mix paving,
streetlighting and street trees, hereinafter referred to as the 'Works' .
3.0 BACKGROUND
3.1 The Works were completed and a Completion Certificate was issued dated
December 30, 1991 . Since that time, there have been unreasonable delays
in completing the outstanding deficiencies. In addition, the developer
has defaulted in payment of outstanding Municipal invoices. The
Municipality has had to draw on the cash securities of the developer to
pay these invoices.
3.2 The outstanding works include, but are not necessarily limited to:
cleaning of culverts, minor ditch improvements, grading of granular
shoulders, installation of a 'No Exit' sign and reimbursement of invoices
paid. Despite written communication (Attachment No. 2) , the developer has
not acted on these issues.
3.3 The securities held by the Municipality are in the form of cash in the
amount of $2,811 .71 as of January 1 , 1995. The estimated cost of
completing all outstanding works is $3,000 (including contingencies and
engineering) in accordance with the provisions of Section 5.17 of the
Subdivision Agreement. There are insufficient funds to cover management
fees of approximately $600, nor to provide an Ontario Land Surveyor
certificate (estimated at $3,000) . This is due to the fact that the
Municipality has had to draw on the developer's securities in the amount
of approximately $5,500 to pay outstanding invoices. The incomplete items
are not considered essential to the finalization and maintenance of the
subdivision.
3.4 Under Section 5.17 of the Subdivision Agreement (Attachment No. 3) , 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 their surety (Attachment
No. 4) . (Since the Letter of Credit was converted to cash at the request
i
of 'the developer, there is no 'surety' to advise) .
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1018
REPORT NO. : WD-21-95 PAGE 3
3.5 In the event the developer does not complete all outstanding requirements
by June 23, 1995, the Municipality shall immediately proceed with the
completion of these works at the full expense of the developer.
Respectfully submitted, Reviewed by,
411,
Walter Evans, P.Eng. W. H. StockwellG'
Director of Public Works Chief Administrative Officer
NC*ph
May 3, 1995
Attachments
PC: Rossert Taunus Construction
R.R. #3
Bowmanville, Ontario
L1 C 3K3
Attention: Mr. M. Schuster
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C:\ATFACHS\SUBD\lOM793.DWG
RILI DRAWN BY: JM DATE; FEB, 1995
H, ATTACHMENT N0, 1
KEY MAP WD-21 -95
1020
;
ONTARIO
FEED FAX THIS END
SENT BY FAX (623-6251) AND REGULAR MAIL FAX
September 28, 1992 To: C'1�• t`I • Sc�"' ����
Dept.:�ssc=rk 1 o��.�v,5
Fax No.:
Rossert Taunus Construction No.of Pages: I
R. R. #3 From, cat-,q
Bowmanville, Ontario Date:
L1C 3K3 Company-7-Eo�.n
Fax No.: h q I
Attention: Mr. M. Schuster Comments:
Dear Sir: Post-it' lax pad 7903E
RE: APPI"OOD ESTATES (TAUNUS COURT) , BOWMANVILLE
PLAN IOM-793
Due to a lack of progress on the above-noted subdivision, we are
advising you to ensure all outstanding works relating to the above-
noted development are completed to the satisfaction of the Town of immediately.
mmediately.
The outstanding works include, but are not necessarily limited to,
all items detailed in a letter from D. G. Biddle and Associates,
dated January 13, 1992.
This office is prepared to proceed to Council, in accordance with
Section 5. 17 of the Subdivision Agreement, should immediate action
not be forthcoming in this regard.
Yours truly,
1J. 6z-
A.
tomA. S. Cannella, C.E.T.
Manager of Engineering
NC/ASC/hj
pc: Norm Clark, Construction Supervisor
Larry Tracey, D. G. Biddle and Associates
ATTACHMENT N0 . 2
WD-21 -95
CORPORATION OF THE TOWN OF NEWCASTLE
e0 TEMPERANCE STREET BOWMANVILLE • ONTARIO • LIC 3A6 • (416) 623.3379 FAX 623-4169 RECYUCOPN'CR
1 021
i
17
5.13 PROVISIONS FOR CONSTRUCTION AND INSTALLATION
All of the Works shall be constructed and installed in accordance with the
Engineering Drawings as approved by the Director. No variation from the
Engineering Drawings shall be permitted unless such variation is authorized in
writing by the Director. All construction on the said Lands shall be carried
out in accordance with the regulations for construction as set out in Schedule
"L" hereto.
5.14 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 AuthorizatJon 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 minoror 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 costof 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
L.R.: 22.6.87 ATTACHMENT N0 . 3
WD-21 -95
1022
MUNICIFIAL.I1Y OF
f-drington
ONTARIO
May , 1995
Rossert Taunus Construction
R.R. #3
Bowmanville, Ontario
L1 C 3K3
Attention: Mr. M. Schuster
Dear Sirs:
RE: Applewood Estates Subdivision, (Taunus Court), Bowmanville
Municipality of Clarington, Plan IOM-793
- FINAL NOTIFICATION LETTER
This letter will serve as notice, as stipulated under Section 5.17 of the
Subdivision Agreement between the former Corporation of the Town of Newcastle
and Rossert Taunus Construction Ltd. , 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 June 23, 1995, to complete all outstanding works
which included, but are not limited to:
1 . Cleaning of all culverts;
2. Ditch improvements;
3. Regrading of granular shoulders;
4. Installation of a 'No Exit' sign; and
5. Payment of all outstanding invoices.
All works are to be completed to the satisfaction of the Director of Public
Works and require the full time supervision of your consulting engineers, D. G.
Biddle and Associates Ltd.
Public Works' staff will review the status of these works with your consultant
on the June 23, 1995, deadline. Any works not completed to our satisfaction
will then be carried out by the Municipality, 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
NC:ph
pc: Marie Marano, Treasurer
Patti Barrie, Clerk
A. S. Cannella, Manager of Engineering
ATTACHMENT N0 . 4
WD-21 -95
1023
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 -1 EMPCRANGE STREET 9 BOWMANVILLE =ONTAnio • L1C 3A6 - 9 , FAX 623-4169
° 1lt905} 623337RECYCLED PARER