HomeMy WebLinkAboutWD-20-95 THE COI O X IPA Y O ,,,C&INGTON
XX
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File
Date: MAY 15, 1995 Res. #
Ry-Law# --
Report#:_WD-24_45- File #: D.04 .32-002
Subject: TOWNLINE ESTATES SUBDIVISION (COURTICE) , PLAN 10M-808,
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-20-95 be received;
2. THAT the Director of Public Works be authorized FORTHWITH to
issue a 'Final Notification Letter' to 591415 ONTARIO INC. and
their surety, stating a completion deadline of June 23, 1995,
for all outstanding works;
I
3. THAT upon expiration of the aforementioned deadline, the
Director of Public Works be authorized to draw on the
developer's securities in the full amount and expend said
monies pursuant to all obligations incurred or to be incurred j
by The Corporation of the Municipality of Clarington in
accordance with the Subdivision Agreement; and
4 . THAT 591415 ONTARIO INC. and their surety be advised of
Council's decision and be provided with a copy of Report WD-
20-95. j
i
1009
RECYCLED
- PAPE,
R RECYC E
-6 PRERED M REGYCIED PAPER j
REPORT NO. : WD-20-95 PAGE 2
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Letter Regarding Completion of Outstanding Works
dated September 30, 1994
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 May 20, 1988, with 591415
ONTARIO INC. to develop lands by plan of subdivision, located
in Courtice and described as Plan 1OM-808 (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 REVIEW AND COMMENT
3. 1 The Works were completed as of July 3, 1991, however a
Completion Certificate was not issued due to the lack of
obtaining a storm sewer outfall easement. Since that time,
there has been no progress in obtaining the easement and
unreasonable delays continue regarding the completion of the
outstanding deficiencies.
3.2 In addition, two (2) claims totalling approximately $6,000
have been received by the Municipality for ditch grading works
and consulting engineering services.
1010
REPORT NO. : WD-20-95 PAGE 3
3.3 The developer has made recent contact with the Municipality
regarding completion of the Works. However, rather than
correcting the deficiencies and resolving the easement and
claims issues, they have requested the Municipality to correct
all deficiencies and resolve all outstanding issues, with the
developer paying all related invoices. This request was
denied since there are no provisions in the subdivision
•agreement for such an informal arrangement, and a precedent
would be set (Attachment No. 2) .
3.4 The outstanding Works include, but are not necessarily limited
to: clear title acquisition of the storm sewer outfall
easement; ditch regrading and repairs; sign repairs;
streetlighting repairs; and payment of any outstanding claims
and invoices.
3 .5 The securities held by the Municipality are in the form of a
letter of credit in the amount of $65,012 .04 as of January 24,
1995. The estimated cost of completing all outstanding works
is $53,000 (including contingencies, engineering, management
fees, outstanding invoices and claims) in accordance with the
provisions of Section 5. 17 of the Subdivision Agreement. This
amount includes an estimated $10,000 to resolve the
outstanding issues relating to the acquisition of clear title
to the outfall easement, to the satisfaction of the
Municipality's solicitor.
3.6 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 ) .
I
1011
REPORT NO. : WD-20-95 PAGE 4
3.7 In the event the developer does not complete all outstanding
requirements by June 23, 1995, the Municipality shall
immediately draw on their securities for the full amount and
proceed with the completion of these works at the full expense
of the developer.
Respectfully submitted, Reviewed by,
Walter Evans, P.Eng. W. H. Stockwell
Director of Public Works Chief Administrative Officer
NC*ph
May 3, 1995
Attachments
pc: Canadian Imperial Bank of Commerce
International Banking Centre
Commerce Court
Toronto, Ontario
M5L 1H1
Attention: Manager of Letters of Credit
591415 Ontario Inc.
P.O. Box 880
Willowdale, Ontario
M2K 2R1
I
i
1012
i
T 32
CON /V
LOT 31
CON IV
LORD DUNCAO
COURT II
0
cc
Q
(
I
PEBBLESTONE R AD
TO XYL1
W
ESTATE
IOH-000
R Gio al R a 4 — aun on R
(
P I cdd
C;\ATTACHS\SUED\10M80B.DWG
fil-
DRAWN BY: JM DATE; FEB. 1995
No N Rad ATTACHMENT N0, 1
�j KEY MAP WD-20-95
101
OiMUNICIPALITY OF
arington
ONTARIO
September 30, 1994
591415 Ontario Ltd.
P.O. Box 880
Willowdale, Ontario
M2K 2R1
ATTENTION: MS. L. STANEK
Dear Ms Stanek:
RE: TOWNLINE ESTATES SUBDIVISION, PLAN 1OM--808
Further to our conversation, please be advised that we have
considered your request for the Municipality to complete the
subdivision deficiencies and invoice you upon completion. As
discussed, this will confirm that we are not in a position to carry
out the rectifications on your behalf.
Please arrange for the completion of -the works as soon as possible
through your consulting engineers. They can work with our staff to
ensure all rectifications are carried out to the satisfaction of
the Municipality.
I am enclosing the two outstanding invoices discussed and would
appreciate payment as soon as possible. I am also enclosing a copy
of a letter of claim from Duntri Construction. This claim must be
resolved prior to the release of any securities by the
Municipality.
Should you require further assistance or information, please
contact the undersigned.
Yours truly,
Norman A. Clark, C.E.T.
Assistant to the Manager of Engineering
NAC*lw
Encls. ATTACHMENT N0 . 2
WD-20-95
1014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET• BOWMANVILLE•ONTARIO•LIC 3A6•(905)623-3379• FAX 623-4169 OECYCLEO/APER
- 19 -
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
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 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
(308) 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 (308)
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
L.R., 22.2.88 ATTACHMENT N0 . 3
WD-20-95
i
1015
MUNICIPALITY OF
armg 0"
ONTARIO
May , 1995
591415 Ontario Inc.
P.O. Box 880
Willowdale, Ontario
M2K 2R1
Dear Sirs:
RE: TOWNLINE ESTATES SUBDIVISION, COURTICE
MUNICIPALITY OF CLARINGTON, PLAN IOM-808
- 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 591415 ONTARIO 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 June 23, 1995, to complete all outstanding works
which include, but are not limited to:
1 . Clear title to all storm sewer easements;
2. Rectification of road and ditch deficiencies;
3. Rectification of street signs and street lighting deficiencies;
4. Resolution of all claims; and
5. Payment of any 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 very truly,
Walter A. Evans, P.Eng.
Director of Public Works
NC:ph
PC: Marie Marano, Treasurer
Patti Barrie, Clerk
A. S. Cannella, Manager of Engineering
Attention: Manager of Letters of Credit ATTACHMENT N0 . 4
Canadian Imperial Bank of Commerce WD-20-95
International Banking Centre
Commerce Court
Toronto, Ontario, M5L 1Hi
10, 16
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 1 EFA PEfAANGE STREET - 130'04MANVILI E -ON(AHIO . E1 C 3A6 - (906) 623-3379 = FAX 623-4969 ne,c vci_tn oa Pen