HomeMy WebLinkAboutWD-22-01
'\I ~
.
~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting:
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #J)lf t(&/I1-jfr;
MAY 7, 2001 Res. # 0111-:303-0/
Date:
Report No.: WD-22-01
File No.: D.06.25.001
By-Law #
Subject:
WESTLAKE SUBDIVISION, SOLINA
PLAN 40M-1897
COMPLETION OF ALL OUTSTANDING WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Report WD-22-01 be received;
2. THAT the Director of Public Works be authorized to issue a 'Final Notification Letter' to
821010 Ontario Limited, and their surety (The Bank of Nova Scotia), stating a completion
deadline ofJune 30, 2001, 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 Municipality of Clarington in accordance with
the Subdivision Agreement between 821010 Ontario Limited and the Corporation of the
Municipality ofClarington; and
5. THAT 821010 Ontario Limited and The Bank of Nova Scotia be advised of Council's
decision and be provided with a copy of Report WD-22-01.
.
671
REPORT NO.: WD-22-01
PAGE 2
REPORT
1.0 ATTACHMENTS
No.1: Key Map
No.2: Copy of Previous Correspondence to Developer
No.3: Copy of Pertinent Excerpts from the Subdivision Agreement
No.4: Copy of 'Final Notification Letter' to Developer
2.0 BACKGROUND
2.1 The Corporation of the Municipality ofClarington entered into a Subdivision Agreement on
May 7, 1997, with 821010 Ontario Limited to develop a parcel of land by plan of
subdivision, located in Solina and described as Plan 40M-1897 (Attachment No.1). The
agreement required the developer to construct all roadworks including hot-mix paving,
granular shouldering, topsoiled and sodded ditches, and street lighting, as well as rear-yard
drainage swales and a stonnwater management facility, hereinafter referred to as the
'Works'.
2.2 The developer partially completed the "Initial Works" in 1997. Since then, some lots have
been built on but the "Final Works", as well as specific road repairs, remain unfinished.
2.3 The outstanding Works include, but are not necessarily limited to: base asphalt repairs;
surface asphalt paving; granular shouldering repair and completion, roadway ditch repairs,
rear-yard swale completion, and stonnwater management pond completion.
2.4 Staff attempted to have these Works completed by the developer (Attachment No.2).
Despite written commitments from the developer and their consulting engineer, the Works
remain incomplete.
3.0 REVIEW AND COMMENT
3.1 Staff estimates the costs of completing all outstanding Works (including legal costs,
contingencies, and engineering and management fees) in accordance with the provisions of
Section 5.17 of the Subdivision Agreement, to be approximately $390,000.00.
612
REPORT NO.: WD-22-01
PAGE 3
3.2 There is presently a Letter of Credit from the developer, valued at $401,444.73, in favour of
the Corporation of the Municipality ofClarington (SI0009/56406 Bank of Nova Scotia).
3.3 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 his surety (Attachment No.4).
4.0 CONCLUSION
4.1 In the event the developer does not complete all outstanding requirements by June 30, 2001,
it is recommended that the securities be drawn in full and that the Department of Public
Works be authorized to complete all Works in accordance with the Subdivision Agreement,
at the full expense of the developer.
Respectfully submitted,
Reviewed by,
~u~
Stephen A. Vokes, P. Eng.,
Director of Public Works
dl'-~.~
Franklin Wu,
Chief Administrative Officer
AHC*SA V*ce
01/05/01
Attachments
Pc: 821010 Ontario Limited
706 Athol Street, Unit 1
Whitby, ON
UN 4A2
The Bank of Nova Scotia
Calg~ International Trade Services
7002" Street S.W., Suite 315
Calgary, AB
T2P 2Wl
673
I
T~--
I
I
J
Concession Rd 7
I"
"
<'>
~
m
c
o
';;,
~
,
!
'~
'-.
,
!
!
!
;
~\
I' 'I
\ t-
. ;
~'
t.)
... ~ 1~~"1
" I [--~
INi SLAkE SbSDIVIS ON
11\, 40M-1897 ~.. ~
Linlm., im~~ I OJ
~r--- I Ci5 g'
\:--_____/ <l) U
_ en
Ctl
+:; :2
Ul
OJ
t.)
OJ
//
I
I
t
r
..
.~
(;
III
j
SUSJEcr
SITE
I--l
'[: '1t
\
\
KEY MAP
....
'"
~
m
c
o
';;,
Q)
'"
j
--I
~
'"
w~~
8
DRAWN BY: J.RM._~-'] DATE: APRIL 12, 2001
REPORT WD-22-01
ATTACHMENT NO.1
674
.
.
l:>.O\c.~5.001
_rJ/a;r:'gl,;;n
ONTARIO
May 19, 1999
Greenrock Engineering
221 Kendalwood Road
Whitby, ON LlN2G1
ATTENTION: Mr. Nick Colucci, P.Eng.
Dear Sir:
RE: WESTLAKE SUBDIVISION PLAN 40M-1897
COMPLETION OF WORKS
Wll,p,!-ve reviewed your correspondence dated March 31, 1999.
Section 5.15 of the development agreement (copy attached) requires the completion of all
Works within a two (2) year period following Authorization to Commence Works. These
authorizations were issued dated August 16, 1996 for the Initial Warks and Street
L~~ing Systllm, aIJ.dOctober 3, 1996 for the Stormwater Management System.
Per Section 5.17 ofth.e development agreement, (copy attached) it is the Municipality's
position that unreasonable delay has occurred in the completion ofthe works. As such,
yeuare hereby notified that all rem;lining works, including construction of Odium Street,
drainage swales, street lighting, and stormwater management works, are to be
~ediately completed.
O~er maint~ce.1i\Iorks sqch as the repair .of shoulders and ditches _that have eroded,
shouldersithlltarenarrpw,and.ditches that are not properly draining, also require
immediate rectificatiol!: c:.ontact Rodney Rosario, of this office, regarding the status of
llIl.Pther reqmren:lents rellltingJOthe issuaIJ.ce ofCompletion Certificates for this project.
W~:r.equire a writtlll). schedule for our approval,py May 28, 1999.
",
The .releaseofbqilding.permjts, as WI;1!l as the processing of letter of credit.reduc.tions for
this ,pwject, C<u,1l).ot be entertained until these issues have been resolved.
F~ingto ()omplywith these requirements will result in action by this office through
provisions il;l the development agreement.
675
....CORPORATION. OF. THE ,""UtlICIPALITV OF CLARINGTON ATTACHMENT N~
. 40 Te'M'"p_ERlllNC E STR E-E'T o-B-OWMANYlLLE -ONT AR 10 .( t C3AS . (905) 623-3379.. FAX aREFailT NO.: Wll- - 1
c D 1"111
Mr. N. Colucci
,
Yours truly,
~~~~
Adrian Coolen, C.E.T
Construction Coordinator
ARC!
attachment
-2-
pc: A.S. Cannella, Manager of Engineering
Larry Taylor, Manager, Development Review Branch
676
'"
May 19, 1999
.
\).OIo.~5.00\
-
_e/a;r;'g'i;;n
ONTARIO
January 11, 2000
821010 Ontario Limited
706 Athol Street, Unit I
Whitby, ON LlN 4A2
ATTENTION: Mr. Bruce Rondeau
RE: WESTLAKE SUBDIVISION, PLAN 40M-1897
COMPLETION OF WORKS, OUR FILE: 0.06.25.001
We note that there is a lack of progress on the required works as directed in our
correspondence of May 19, 1999, (copy attached).
You are hereby notified that you have until June 15,2000, to complete all outstanding works,
which include but are not limited to:
I. Rectification of all road ditches, shouldering, and failing road pavement.
2. Completion of all drainage swales.
3. Completion of all stormwater management works.
All works are to be completed to the satisfaction of the Municipality of Clarington and require
the full-time supervision of your consulting engineer.
Should we determine that there is default at the deadline date, a report will immediately be
presented to Municipal Council recommending the Municipality draw on securities held, in
order to complete all outstanding works, as provided for in the Subdivision Agreement.
We look forward to reviewing a written schedule provided by you.
Yours truly,
~-ce
Adrian Coolen, C.E.T.
Construction Coordinator
ARC/
attachment
pc:
Mr. S.A.Vokes, Director of Public Works
Mr. A.S. Cannella, Manager of Engineering 67 7!
Mr. N. Colucci, Greenrock Engineering
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANYILlE .ONTARIO -ltC 3A6. /9051623.3379. FAX 823-4'Sg
@
qc::..c:u;~......"
t
I
I
I
I
I
I
I
I
I
I
.
.
.
I
.
.
.
.
.
.
.
.
.
, '
5D
45
Subdivisipn Agreement
. . '..,; ., '. .
,
with,thi,sparagraphS.12by'requiring the Owner's centractor and sub-contracters whe are
constructing aIld installing the Werks er cempenents thereaf in questien and are referenced
in theerder tocemplywith it ferthwith. A step werk erder may be given te the Owner by
giving to its Owner's Engineer by personal service on the Owner's Engineer or any
representative ef the Ov;ner's Engineer, by prepaid first class pest addressed te the Owner's
Engineer, ar by telefax to the Owner's Engineer at the address and telefax number referred
to in paragraph 5.3(1) er 5.3(2), whichever is applicable.
5.13 Construction in Accordance with Em!:ineerim~' Drawin2s
(1) The Werks shall be censtructed and installed in accerdance with the Engineering
Drawings as approved by the Directer. Ne deviatien frem the Engineering Drawings
is permitted unless such deviatien is autherized in writing by the Directer befere it
is undertaken. All censtructien and installatien ef the Werks, shall be undertaken
and carried eut by the Owner erby the Ov;ner's centractor, as the case may be, in
accordance with the regulatiens fer censtructien set aut in Schedule "L".
(2) The Ov;ner shall keep the Municipality read surfaces and ditches clean ef dirt, mud
and refuse until a Certificate ef Acceptance ef all Werks centemplated in this
Agreement has been issued as previded fer by this Agreement If the Ov;ner has net
perfermed its ebligatiens under this paragraph 5.13(2), the Municipality may de se
and deduct the reasenable cest thereef frem the Perfermance Guarantee. The
Owner shall restere the Perfermance Guarantee te the ameunt etherwise required
by this Agreement, ferthwith after the Directer gives the Ov;ner written netice ef the
amount of the deductien in questien.
5.14 Senuence ~f Construction of Works
Fellewing the issuance ef an Autherizatien te Commence Werks, the Ov;ner shall
proceed in geed faith te censtruct and install all ef the Werks referred te in the
Authorization to Commence Works continuously and in accordance with the timing and
sequence therefor set out in the Schedule of Works.
5.15 Comnletion Time for Construction of Works
Within twe (2) years ef the date ef the issuance ef an Autherizatien te Cemmence
Werks, the Ov;ner shall cemplete the censtructien and installatien ef all ef the Werks
autherized in such Autherizatien te Cemmence Werks with the exceptien ef the curbs,
678
ATTACHMENT NO.: 3
REPORT NO.: WD-22-01
I
t
I
I
I
I
I
I
I
I
.
.
.
...
5).
Subdivision Agreement
46
sidewalks, final coat of asphalt, finaJ lot grading, driveway approaches, sodding and tree
planting which may be completed later if done so in accordance with the provisions of the
Schedule of Works.
5.16 Additional Work
Until the conclusion of the Maintenance Guarantee Period referable thereto, if in the
opinion of the Director, any incidental additional work is required to provide for the
adequate operation, functioning and maintenance of any of the Works, the Owner, at its
cost, shall construct and install such additional facilities and perform such additional work
as the Director may request from time to time by written notice given to the Owner.
5.17 IncomDlete Dr Faulty Works aDd Liens
(1)
Without derogating from the other provisions of this Agreement, if, in the opinion
of the Director, (1) the Owner is not constructing and installing or causing to be
constructed or installed any of the Works required by this Agreement so that it or
they will he completed within the time specified for such completion in the Schedule
of Works, or (2) the Works or any component(s) thereof are being improperly
constructed or instalJed, or (3) the Owner neglects or abandons the said Works or
any part of them before completion, or (4) unreasonable delay occurs in the
construction or installation of the Works, or (5) for any other reason the Works are
not being constructed or installed properly and promptly and in full compliance with
the provisions of this Agreement, or (6) the Owner neglects or refuses to reconstruct
or reinstall any of the Works or component( s) thereof which may be rejected by the
Director as being defective, deficient or unsuitable, or (7) the Owner otherwise
defaults in performance of this Agreement, the Director may give the Owner notice
in writing of his opinion respecting any such matter. Following the later to occur of
the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory
holidays following the giving of such notice plus the expiry of any additional period
as may be specified in the notice given to the Owner by the Director, the
Municipality, at the cost and expense of the Owner, may engage a contractor,
supplier of services or materials and such workmen, and purchase such services,
supplies and/or services as in the opinion of the Director are required for the
completion of the construction and installation of the Works and all components
thereof and the performance of all covenants of the Owner relating to the Works as
provided by this Agreement, In cases of an emergency or urgency, or in order to
preserve the integrity of the Works or any component thereof as determined by the
Director in his absolute discretion, any deficiency(s) or tiefect(s) in the Works, and
679
,
.
.
.
!
.
.
.
.,
.
.
.
d
.
.
.'
Q
.
.
.
Q
.
.
.
5~
Subdivision Agreement
47
any failure to complete the Works and all components thereof in accordance with this
Agreement may be corrected, remedied or completed by the Municipality its
contractors, suppliers and employees at the cost of the Owner without prior notice
to the Owner, provided that forthwith after the Municipality so acts, the Director
shall give written notice to the Owner of his determination as aforesaid, descnbing
the action taken by the Director, and the cost of correcting or remedying the
deficiency or default in question or the cost of completing the Works and the
components thereof, as the case may be. For the purposes of this paragraph 5.17(1)
the cost of any work which the Municipality undertakes under this paragraph 5.17(1)
shaIJ be determined by the Director in his absolute discretion. It is understood and
agreed by the Parties that the costs for which the Owner is respollSlble under this
paragraph 5.17(1) shall include a management fee payable to the Municipality either
of thirty (30%) percent of the contractor's charges to the Municipality (including any
charges for overhead and profit) or, if such work is undertaken by the Municipality,
thirty (30%) percent of all costs incurred by the Municipality to correct or remedy
the deficiencies or defect or to complete the Works and all components thereof ~
the case may be. The Owner shall pay the Municipality an amount equal to the cost
of all Works and components thereof, and the cost of correcting or remedying all
deficiencies and defects referred to in this paragraph 5.17(1) which have been
incurred by the Municipality or are estimated in the Director's absolute discretion to
be likely to be incurred by the Municipality forthwith after the Director gives the
Owner written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the actual costs are more than the
estimated costs, the Owner shall forthwith pay the Municipality an amount equal to
the difference between them. If the actual costs are less than the estimated costs, the
Municipality shall forthwith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Municipality or is filed with the Municipality, or (2) the Municipality
receives written notice of a claim of an alleged beneficiary of a statutory trust under
the Construction Uen Act, such registration, filing or notice shall constitute a default
in performance by the Owner of this Agreement. In any such case, the Director may
notify the Owner in writing of such default. If the Owner fails to discharge the lien
or the claim as the case may be within ten (10) business days, excluding Saturdays,
Sundays and statutory holidays, after the giving of such notice plus any further period
of time as may be specified in the notice, then the Municipality in its absolute
discretion may (1) pay the full amount of the claim and security for costs into a Court
of competent jurisdiction in order to obtain an order vacating such claim for lien, (2)
680
I
I
I
,
I
I
I
I
I
I
.
.
!
.
,
~
!J
,
~
.
1
.
.
.
53
Subdivision Agreement
48
discharge the claim in full by paying the amount claimed or in pan by paying a
portion thereof or (3) draw the full amount of the claim in cash from a letter of
credit deposited with the Municipality as the security for the Performance Guarantee
and hold the cash in a deposit account of the Municipality as the security for the
Performance Guarantee in respect of the claim in question. The Municipality may
draw on and appropriate the whole or any portion( s) of the Performance Guarantee
and the Security for the Maintenance Guarantee for the purpose of making payment
under this paragraph 5.17(2). The Owner shall indemnify the Municipality against
the costs and expense incurred by the Municipality in making a payment pursuant to
this paragraph 5.17(2) fonhwith after the Director gives the Owner written notice
requiring him to do so. In the event that the Municipality draws on and appropriates
any portion of the Performance Guarantee or the Security for the Maintenance
Guarantee for "11Y of the aforesaid purposes, fonhwith after the Director gives
written notice to the Owner requiring it to do so, the Owner shall reinstate the
Performance Guarantee and/or the Security for the Maintenance Guarantee, as the
case may be, to the full amount( s) required under the provisions of this Agreement
5.18 Acknowledeement Resuectine Emereencv ele. Renalrs
The Owner acknowledges that if in cases of emergency or urgency or in order to
protect the integrity of the Works or any component thereof, the Director acts to correc~
remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the Lands
or any portion of them nor any such action by the Director or any person authorized to
undertake the same by the Director shall be deemed to be an acceptance of any of the
Works by the Municipality, nor an assumption by the Municipality of any responsibility or
liability in connection therewith, or a release by the Municipality of the Owner from any of
its obligations under this Agreement
5.19 Damue to Enstine Services
Fonhwith after written demand therefor is given by the Director to the Owner, the
Owner sball pay to or to the direction of the Municipality, tbe cost of repairing any damage
to any propeny or services of the Municipality, the Region, or any utility authority or
company or (tbe "Damaged Services'') including without limiting the generality of the
foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer systems,
and the cost of relocating any Damaged Services, caused by or resulting from the
development of anyone (1) or more portions of the Lands, or the construction or
installation of any of the provided that all such repairs and or relocation( s) are completed
to the satisfaction of the Director, the Region and the relevant utility authority or company
which owns or is responsible for the Works, propeny or services in question. In addition,
681
_e/a;r;'lgl,;;n
ONTARIO
April 27, 2001
821010 Ontario Limited
706 Athol Street, Unit 1
Whitby, ON
UN 4A2
ATTENTION: Mr. Bruce Rondeau
Dear Sir:
RE: WESTLAKE SUBDIVISION, SOLINA
MUNICIPALITY OF CLARINGTON, PLAN 40M-1897
--FINAL NOTIFICATION LETTER--
This letter will serve as notice, as stipulated under Section 5.17 of the Subdivision Agreement
between the Corporation of the Municipality of Clarington and 821010 Ontario Limited, that, in
the opinion of the Director of Public Works, you have defaulted in performance under the
conditions ofthe agreement.
Due to a lack of progress on the above-noted subdivision, you are hereby notified that you have
until June 30, 2001, to complete all outstanding works, which include but are not limited to:
1. Carrying out base asphalt repairs;
2. Carrying out shoulder and ditch repairs;
3. Completing rear-yard swales;
4. Completing stormwater management works; and
5. Completing surface asphalt;
All works are to be completed to the satisfaction of the Municipality of Clarington and require the
full time supervision of your consulting engineers, Greenrock Engineering.
Public Works staff will review the status of these works with your consultant just prior to the
above noted 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.
682 ~
CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENTN .
40 TEMPERANCE STREET. BOWMANVllLE' ONTARIO. L1C 3A6. (905) 623~3379. FAX ~PORTNO.: WUc~ IPER
WEBSITE www r:1Jnicipalily_claringto1 on ca
-2-
Yours truly,
Stephen A. Vokes, P. Eng.
Director of Public Works
Pc: Marie Marano, Treasurer
Pattie Barrie, Clerk
A.S. Carmella, Manager of Engineering
L. Taylor, Manager of Development Review, Plarming
Bank of Nova Scotia
683