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HomeMy WebLinkAbout2006-005 MUNICIPALITY OF CLARINGTON BY-LAW 2006-005 Being a by-law to authorize the execution of Minutes of Settlement between Courtice Auto Wreckers Limited and Harvey Ambrose and the Municipality of Clarington WHEREAS Council has received a verbal report from the Municipal Solicitor recommending approval of Minutes of Settlement of certain issues between Courtice Auto Wreckers Limited and Harvey Ambrose and the Municipality of Clarington that otherwise likely would have resulted in litigation between the parties; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and Municipal Clerk on behalf of The Corporation of the Municipality of Clarington are authorized to execute Minutes of Settlement between the Municipality of Clarington and Courtice Auto Wreckers Limited and Harvey Ambrose. By-law read a first and second time this 16th day of January, 2006. By-law read a third time and finally passed this 16th day of January, 2006. ~~ John lion, Mayor - ~ /-- ~. Minutes of Settlement Made as of this 16th day of January, 2006 Between: Courtice Auto Wreckers Limited and Harvey Ambrose (the "Defendants") and The Corporation of the Municipality of Clarington (the "Municipality") Whereas: A. The Municipality has prosecuted the Defendants for the use ofland within an Extractive Industrial (M3) Zone for a purpose other than permitted to wit; the outside storage of non-aggregate material (the "Charges"); B. It was alleged by the Municipality that the Defendants stored paper fibre biosolids also referred to as paper sludge (the "Material") outside on the properties described in Schedule "A" hereto (the "Properties") on or about August 15,2000; C. The Charges were tried and the Defendants were acquitted by Justice of the Peace Kay (the "Acquittal") pursuant to a decision dated September 9, 2002; D. The Municipality appealed the Acquittal and a new trial of the Charges was ordered by Provincial Court Justice De Filippis on December 22,2003; E. In order to avoid a new trial of the Charges the Municipality and the Defendants enter into these Minutes of Settlement; and F. These Minutes of Settlement have been approved by By-law 2006- enacted by the Council of the Municipality at its meeting on January 16,2006. The Mayor and Municipal Clerk have authorized to execute them. In consideration of the withdrawal of the Charges, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree as follows: 1. The Defendants represent and warrant that there is presently no Material on the Properties. 2. The Defendants covenant and agree not to import any Material onto the Properties for any purpose without the prior written consent of the Municipality. 3. The Defendants acknowledge and agree that any breach of the foregoing representations, warranties, covenants and agreements shall cause irreparable harm to the Municipality. 4. If the Municipality determines that Material is present upon the Properties then the Municipality may proceed to a court of competent jurisdiction, without notice to the Defendants, to obtain an injunction requiring the removal of the Material from the Properties and restraining the further importation of the Material onto the Properties (the "Injunction"). 5. The Defendants consent to the issuance of the Injunction in a form reasonably required by the Municipality's solicitors. 6. The Municipality acknowledges that the Defendants have not admitted guilt or liability with respect to the Charges; 7. The Municipality shall withdraw the Charges. 8. The Defendants agree and consent to these Minutes of Settlement being filed with a court of competent jurisdiction in support of an application for the Injunction. 9. The Municipality and the Defendants agree to execute such further documentation as may be reasonably required by the other to effect the foregoing intentions. 10. These Minutes of Settlement may be executed in counterparts. 11. These Minutes of Settlement may be delivered by facsimile. THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON By: ~~ Mayo John Mutton .... - By: - '>., -,...-... - ~- .'/~-....... --; ~ ~ -~ _. ...- .~ ,.. ,., ~- ./.-- ,- We have authority to bind the Corporation. COURTICE AUTO WRECKERS LIMITED B~___~ ~~ Harvey ose, A.S.O B~~);oo~ Witness ~ Name:t-\\~ ~---' By: ~~~# ~ Harvey Ambr SCHEDULE "A" DESCRIPTION OF PROPERTIES: 1. Part of Lots 31 and 32, Concession 10, geographic Township of Darlington, Municipality of Clarington is registered in the name of Courtice Auto Wreckers Limited. 2. Part of Lots 31 and 32, Concession 10, geographic Township of Darlington, Municipality ofClarington is registered in the name of Harvey R. Ambrose.