HomeMy WebLinkAboutWD-19-95 THE CORPO IO OF THE MUNICIPALITY OF CLARINGTON
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Meeting: REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE D'�
File## P( • Q 71��� , `E,
Date: MAY 15, 1995 Res, #
Reporl#k: WD-19-95 File#: D.02.35.003
By-Law# _
Subject: REDESCO SUBDIVISION (BRIDLE COURT, COURTICE) , PLAN 10M-822,
COMPLETION OF ALL OUTSTANDING WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
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1 . THAT Report WD-19-95 be received;
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2. THAT the Director of Public Works be authorized FORTHWITH to issue a
'Final Notification Letter' to REDESCO INC. , 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 incurpe-d-by
The Corporation of the Municipality of Clarington in accordance with the
Subdivision Agreement; and
4. THAT REDESCO INC. be advised of Council's decision and be provided with
a copy of Report WD-19-95.
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REPORT
1 .0 ATTACHMENTS
No. 1 : Key Map
No. 2: Letter to Redesco dated August 29, 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 February 9, 1989, with REDESCO INC. to develop lands
by plan of subdivision, located in Courtice and described as Plan 10M-822
1001
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PAPER ECYIC LE
MH 6PRI-D-RECYCLED PAPER
REPORT NO. : WD-19-95 PAGE 2
(Attachment No. 1 ) . 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' .
3.0 REVIEW AND COMMENT
3.1 The 'Storm Sewer System' and 'Final Works' were completed and a Completion
Certificate was issued dated July 31 , 1990. Since that time, there have
been unreasonable delays in completing all of the outstanding
deficiencies, and there have been legal problems associated with title to
the storm sewer outfall easement.
3.2 In addition, the developer has defaulted in payment of outstanding
Municipal invoices. Accordingly, the Municipality has had to draw on the
developer's cash securities to pay the invoices. Also, claims totalling
approximately $5,500 have been received by the Municipality for the
streetlighting works and consulting engineering services.
3.3 The outstanding works include, but are not necessarily limited to: clear
title to the storm sewer outfall easement; minor surface work
rectifications; driveway approach corrections; payment of outstanding
invoices and any outstanding claims. Despite written communication
(Attachment No. 2) , the developer has not acted on these issues.
3.4 The securities held by the Municipality are in the form of cash in the
amount of $32,265.97 as of January 31 , 1995. The estimated cost of
completing all outstanding works is $21 ,000 (including contingencies,
engineering, outstanding invoices and claims and a management fee) , in
accordance with the provisions of Section 5.17 of the Subdivision
Agreement. However, this amount does not include obtaining clear title
to the outfall easement. This issue must be resolved to the satisfaction
of the Municipality's solicitor.
3.5 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
of the developer, there is no 'surety' to advise) .
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REPORT NO. : WD-19-95 PAGE 3
3.6 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,
�r
Walter Evans, P.Eng. W. H. Stockwell
Director of Public Works Chief Administrative Officer
NC*ph*ph
April 28, 1995
Attachments
pc: Redesco Inc.
73 Highland Drive
Shanty Bay, Ontario
LOL 2LO
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Fy _ ATTACHMENT N0, 1
KEY WD- 19-95
1 l i
M MUNICIPALITY OF
�ar'in ton
ONTARIO
August 29, 1994
Redesco Inc.
73 Highland Drive
Shanty Bay, Ontario
LOL 2LO
ATTENTION: Sophie M. Hofbauer,,, P. Eng.
Dear Madam:
RE: Bridle Court Subdivision, Plan IOM-822
Courtice
Further to your letter of July 20, 1994, we have reviewed the
subdivision file and have the following information:
1. The securities held by the Municipality are approximately
$32,873.30, as of June 30, 1994. Outstanding road maintenance
invoices 'were deducted from the original securities of
$36,142.89, in accordance with the terms of the subdivision
agreement. Any further invoices must be paid without delay.
2. We have been advised of claims from D.G. Biddle and Associates
Ltd. and Ron Robinson Limited. These claims must be resolved
and the Municipality fully released.
3. Clear title to the storm sewer easement has still not been
obtained. This is an issue that your company is familiar
with. It is a legal matter which must be resolved to the
satisfaction of the Municipality's solicitors. In addition,
all Municipal legal costs are to be borne by your company.
4. Until such time as the agreement is made i.n good standing, it
is our- position that no monies can be paid out by the
Municipality relating to the agreement. However, upon the
resolution of the outstanding issues, any contributions that
have been collected regarding storm sewer oversizing on Bridle
Court may be paid. The lands to the east have recently paid
storm sewer contributions for Bridle Court in the amount of
$18,719.07. There is an additional smaller parcel of
tributary land further to the east that would also contribute
to the storm sewers on Bridle Court, however, this would only
be payable upon development of those lands.
ATTACHMENT N0 . 2
WD- 19-95 . ./2
1005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET• BOWMANVILLE •ONTARIO• LiC 3A6• (905) 623-3379 • FAX 623-4169 RECYCLED PAPER
-2-
4. The works have recently been inspected and a deficiency list
is attached for your information. Please do not rectify any
of the deficiencies without prior consent from this office.
I trust this information will assist you in addressing all
outstanding issues relating to this subdivision. Should you
require further information or assistance, please contact the
undersigned.
Yours truly,
Norman A. Clark, -C.E.T.
Assistant Engineering Manager
NAC*lw
Enclosure
PC A.S. Cannella-,- Manager of Engineering
Larry Taylor, Manager, Development Review Branch/Planning
1006
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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 tifie specs-Cied for such completion, or if the said Work
is being improperly done, or if the Owner neglects or abandons the said Work, or
pay 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 compldancf 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
refected by the Director as defective or unsuitable, or if the Owner in any other
manner in the opintonlof the Director may default in performance under this
Agreement, then in any suet} 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 with in ten (IQ) 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 (3O%) percent of a contractor's charges to the Town
(including any charges for overhead and profit) or, if such work is undertaken Py
the Town, thirty (307.) 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 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 agencies
of 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.
5.19 DAMAGES OR RELOCATION OF EXISTING SERVICES OR NEIGHBOURING WELLS
(1) The Owner agrees to pay the cost of repairing any damage to any services
which, without limiting the generality of the foregoing, shall include road,
water, electrical, gas, telephone, cable television or sewer systems, and the
cost of relocating any existing services, caused by the development of the Lands
or the construction or installation of the Works on the Lands which are required
by this Agreement, provided all work is to be done to the satisfaction of the
Director and/or authorities responsible for such services. The Owner further
agrees to pay the cost of moving any of the Works constructed or installed under
this Agreement In driveways or so close thereto as in the opinion of the Director
will interfere with the use of the driveway.
L.R.: 22.10.88
ATTACHMENT N0 . 3
WD- 19-95
1007
MUNICIPALITY OF
arington
ONTARIO
May , 1995
Redesco Inc.
73 Highland Drive
Shanty Bay, Ontario
LOL 2LO
Dear Sirs:
RE: REDESCO SUBDIVISION, BRIDLE COURT, COURTICE
MUNICIPALITY OF CLARINGTON, PLAN IOM-822
- 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 Redesco 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 surface deficiencies such as curb, asphalt and street
tree repairs;
3. Completion of driveway apron paving as directed;
4. Resolution of all claims; 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 very truly,
Walter A. Evans P.Eng.
Director of Pubic Works
NC:ph
PC: Marie Marano, Treasurer
Patti Barrie, Clerk
A. S. Cannella, Manager of Engineering
ATTACHMENT NO . 4
WD- 19-95
COHPORA T ION OF Ttff MUNICIPALITY OF CLARINGTON
i0 i FMPERAN(',C STnFE f a f3C WMIANVILLE -ON LARIO • L it: 3A6 a (906) 623-3379 FAX 623-4169 frecvc.F is nxrn