Innovation September-October 2013

f ea t u r e s

commence or requiring holdbacks or other security to be returned over time once performance targets are met. For commercial developments that involve the construction of municipal works and amenities for the benefit of the municipality, the municipality may want to consider requirements for the developer to assume long term maintenance obligations. These can be drafted into one or more development agreements entered into between the developer and the municipality as part of the development approval process. In conjunction with this, provisions can be incorporated to allow the municipality to perform the maintenance in the event of the commercial developer’s breach and to recover costs for the same. The reasonable inspection schedule set out by policy serves as a standard against which a municipality’s operational conduct may be tested against in a liability assessment.

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