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HomeMy WebLinkAbout93-138 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93-138 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington, Schickedanz Bros. Limited and Don Sherk Construction Limited THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation seal, an Agreement between Schickedanz Bros. Limited, Don Sherk Construction Limited and the Municipality. 2 . THAT the agreement attached hereto as Schedule "A" forms part of this By-law. By-law read a first and second time this 13th day of September 1993. By-law read a third time and finally passed this 13th day of September 1993. Ma or Deputy Cler AGREEMENT made as of this 10th day of August, 1993. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and SCHICKEDANZ BROS. LIMITED (hereinafter called "Schickedanz") OF THE SECOND PART - and - DON SHERK CONSTRUCTION LIMITED (hereinafter called the "Contractor") OF THE THIRD PART WHEREAS: A. The Municipality and Schickedanz have entered into an agreement made as of the 10th day of August, 1993 (the "Stormwater Management Agreement") providing inter alia for the construction,installation,supervision and maintenance of the Stormwater Management Works specified in the "Master Drainage Plan and Report for the West Branch of the Soper Creek" (the "Stormwater Management Works") and for the completion of the Stormwater Management Works in accordance with the schedule set cut therein; B. The Stormwater Management Agreement also provides that the Municipality shall be a party to a construction contract for the Stormwater Management Works and that the Municipality shall have the benefit of any performance bond or insurance benefiting Schickedanz under such construction contract; C. Schickedanz and the Contractor have entered into construction contracts for: i) the construction, installation and maintenance of the channelization works from the Main Branch of the Soper Creek to a point just south of the proposed retention pond ("Contract A"); and ii) the construction, installation and maintenance of the balance of the Stormwater Management Works ("Contract B"); - 2 - D. True copies of Contract A and Contract B have been or will be delivered to the Municipality by Schickedanz; and E. The parties are entering into this Agreement to give effect to the intentions of the Stormwater Management Agreement. NOW THEREFORE WITNESSETH that in consideration of the premises and covenants hereinafter expressed and the sum of TWO ($2.00) DOLLARS of lawful money of Canada now paid by each of the parties to the others (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: 1. Each of Schickedanz and the Contractor represent and warrant to the Municipality that the recitals contained herein are true in substance and in fact. 2. Upon the e4ecution of this Agreement by the Contractor and its delivery to the Municipality the Contractor shall also deliver to the Municipality a performance and maintenance bond or bonds which may name Schickedanz as a beneficiary thereof and shall: a. name the Municipality as a beneficiary thereof, b. be in an amount or a total amount not less than the total of the contract price for both Contract A and Contract B; and C. be in a form and be issued by a surety company satisfactory to the Director of Public Works of the Municipality (the "Director") acting reasonably. 3. If in the sole opinion of the Municipality's Director of Public Works, acting reasonably, Schickedanz has failed to perform its obligations arising out of the Stormwater Management Agreement, then the Director may at any time and from time to time notify the Contractor in writing (the"Notification") that the Municipality will from such time onward act as the agent of Schickedanz with exclusive authority for all purposes to give instructions under either or both Contract A and Contract B to the Contractor. The Municipality shall not be responsible for the payment of any amount to the Contractor pursuant to either Contract A or Contract B up to the Notification except such sums for which the Municipality may be liable pursuant to the Construction Lien Act (Ontario) or other applicable law. After Notification the Municipality shall be responsible for the payment of work done subsequent to the Notification pursuant to either or both Contract A or Contract B in accordance with the terms of those contracts. Forthwith after Notification, the Director or his designate acting reasonably shall quantify the work completed either under Contract A or Contract B prior to Notification and give written notice thereof to Schickedanz and the Contractor. Schickedanz and the Contractor shall be deemed to accept such written notice of quantities as accurately stating those quantities. The Contractor covenants and agrees to cooperate fully in such quantification and shall make available to the Director or his designate all records of the Contractor necessary for such purpose. After Notification the Contractor shall accept the instruction of the Director or his designate (which designate may be a consultant different from the consultant appointed by Schickedanz pursuant to either Contract A or Contract B in which event the Contractor shall no longer accept the direction of the consultant appointed by Schickedanz), correct all deficiencies, perform all warranties and perform the outstanding work pursuant to either or both Contract A and Contract B. 4. Whether or not Notification is given the Municipality shall be the beneficiary of all warranties contained in Contract A and Contract B whether such warranties are made by the Contractor or by other suppliers of materials or services to the Contractor. - 3 - 5. The Municipality shall be a named insured in all policies of insurance required to be maintained by the Contractor pursuant to either Contract A or Contract B. Forthwith after execution of this Agreement by the Contractor and its delivery to the Municipality, the Contractor shall deliver a copy of such policy or policies of insurance certified by the insurer and signed by an officer of the insurer. 6. Schickedanz hereby acknowledges, covenants and agrees: a. that after Notification this Agreement shall constitute the direction and sole and sufficient authority to the Contractor to deal with respect to all matters of either Contract A or Contact B exclusively with the Municipality after Notification and the Contractor is hereby irrevocably authorized to rely upon any Notification from the Municipality without requiring any further proof of default by Schickedanz under the Stormwater Management Agreement; b. that after Notification the Municipality may exercise any of Schickedanz' rights, powers, authority and discretion pursuant to the terms of either Contract A or Contract B; C. to give prompt notice to the Director of any claim or litigation with respect to either Contract A or Contact B and of any default by the Contractor with respect to either Contract A or Contact B; d. execute and deliver to the Municipality at Schickedanz' sole cost and expense all such further assurances as the Director may reasonably require to give effect to the Stormwater Management Agreement or this Agreement; e. to indemnify the Municipality for, and to save and hold harmless of and from, any and all liabilities, losses, costs, expenses or damages which the Municipality may or might incur by reason of this Agreement provided that the Municipality complies with this Agreement; L after Notification at all times perform and observe all of Schickedanz' obligations contained in either or both Contract A and Contract B or imposed by the laws of the Province of Ontario; and g. without the prior written approval of the Municipality's Director of Public Works acting reasonably, not to waive any failure of the Contractor to perform its obligations under either Contact A or Contract B or permit anything allowing the Contractor to terminate either Contract A or Contract B, or consent to any assignment of either Contract A or Contract B by the Contractor. 7. In the exercise of the powers granted to the Municipality in this Agreement, no liability shall be asserted or enforced against the Municipality, all such liability being hereby expressly waived and released by Schickedanz and the Contractor provided that the Municipality complies with this Agreement. The Municipality shall not be obligated to perform or discharge any obligation or liability under either of Contract A or Contract B or this Agreement and the Contractor hereby agrees to look strictly to Schickedanz for the performance or discharge of all of Schickedanz' obligations and liability under either or both Contract A and Contract B. 8. (a) Schickedanz and the Contractor represent and warrant to the Municipality that: L each of Contract A and Contract B is in full force and effect and constitute the entire and only agreements between Schickedanz and - 4 - the Contractor with respect to the construction, installation and maintenance of the Stormwater Management Works; ii. there is no material default existing by either party under either Contract A or Contract B; and iii. there is no outstanding encumbrance or assignment of either Contract A or Contract B or any benefits and advantages to be derived from either Contract A or Contract B by either of them. (b) Each}of Schickedanz and the Contractor represents and warrants to the Municipality that there is no pending or threatened litigation, action, claim or fact known to Schickedanz and the Contractor respectively and not disclosed to the Municipality in writing which materially adversely affects or could so affect: either Contract A or Contract B or the rights of either party under either`Contract A or Contract B. 9. Schickedanz and the Contractor hereby covenant and agree: a. to deliver an originally executed copy of both Contract A and Contract B to the Municipality; b. except as provided in paragraph 10 hereof not to cancel, amend or modify either Contract A or Contract B without the prior written consent of the Director; C. not to execute any assignment of either Contact A or Contract B without the prior written consent of the Director acting reasonably; and d. that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the parties and that this Agreement is made by the Municipality in reliance on this acknowledgment and agreement. 10. a. Notwithstanding the other provisions of this Agreement, Schickedanz in its sole discretion may terminate Contract B at any time prior to March 2, 1994 and if it does so, it shall give written notice of its action to the Municipality's Director of Public Works forthwith after terminating Contract B. b. If Contract B is terminated by Schickedanz pursuant to paragraph 10(a), Schickedanz may enter into a new contract (the "Replacement Contract") for the construction, installation and maintenance of the balance of the Stormwater Management Works which were to have been undertaken pursuant to Contract B (the "Part B Works") at any time prior to March 16, 1994, provided that the proposed contractor and the terms and conditions of the Replacement Contract are first approved by the Municipality's Director of Public Works acting reasonably, and provided also that the Replacement Contract provides for the Municipality to be a party to it for the purposes and to the extent considered necessary by the Municipality's Director of Public Works acting reasonably and that the Contractor's Performance Bond and Insurance naming the Municipality as beneficiary are delivered to the Municipality's Director of Public Works prior to March 16, 1994. Schickedanz will ensure that the provisions of this Agreement with the exception of paragraph 10 are incorporated in the Replacement Contract. C. If Contract B is terminated in accordance with paragraph 10(a) and a Replacement Contract is not entered into prior to March 16, 1994 in accordance with paragraph 10(b), the written notification of default or neglect - 5 - to construct and complete the Part B Works shall be deemed to have been given in accordance with paragraph 5.17(1) of the Subdivision Agreement made between the Corporation of the Town of Newcastle and Schickedanz Bros. Limited dated July 18, 1989, as amended, with respect to the development of the lands now comprising Plans 1OM-829 and 1OM-830 in the Municipality of Clarington, Regional Municipality of Durham, and the Performance Guarantee deposited by Schickedanz with the Municipality pursuant to the aforesaid Subdivision Agreement may be called by the Municipality without prior notice to Schickedanz for the purpose of providing funds to permit the Municipality to construct, install and maintain the Part B Works. 11. This Agreement, and except as provided in paragraph 10 Contract A and Contract B, may not be amended except with the written consent of the Municipality and Schickedanz� The obligations of Schickedanz and the Contractor shall not be affected or impaired by any insolvency, bankruptcy, liquidation, reorganization, arrangement, composition,winding-up, dissolution or similar proceeding involving or affecting Schickedanz or the Contractor. 12. Any notice, request, communication or demand under this Agreement including without-limiting the generality of the foregoing the Notification shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Municipality at 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Director of Public Works, Schickedanz at 3311 Bayview Avenue, Suite 105, Willowdale, Ontario M2K 1G4 Attention: Mr. R. Schickedanz and to the Contractor at . Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal service is restored. 13. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties attorn to the jurisdiction of the courts of the Province of Ontario in order to enforce this Agreement. 14. If any term, covenant or condition of this Agreement to any extent is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, covenant and condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, and all counterparts shall constitute one and the same instrument. This Agreement shall not be binding and in effect until at least one counterpart, duly executed by the Municipality, the Contractor and Schickedanz, has been delivered to each party hereto. 16. This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and assigns. - 6 - IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of the proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Diane Hamre - Mayor c/s M P XN/EHT, 0E1097-y e SCHICKEDANZ BR I 1 Name: Title: c/s And RV- Name: Title: DON SHERK CTION LIMITED By: ,Name: Title: �,n �✓�/ �� c/s Anti Rv- Name: Title: j, r SCHEDULE "A" TO BY-LAW 93-138 AGREEMENT made as of this 10th day of August, 1993. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - SCHICKEDANZ BROS. LIMITED (hereinafter called "Schickedanz") OF THE SECOND PART - and - DON SHERK CONSTRUCTION LIMITED (hereinafter called the "Contractor") OF THE THIRD PART WHEREAS: A. The Municipality and Schickedanz have entered into an agreement made as of the 10th day of August, 1993 (the "Stormwater Management Agreement") providing in r alia for the construction,installation, supervision and maintenance of the Stormwater Management Works specified in the"Master Drainage Plan and Report for the West Branch of the Soper Creek" (the "Stormwater Management Works") and for the completion of the Stormwater Management Works in accordance with the schedule set out therein; B. The Stormwater Management Agreement also provides that the Municipality shall be a party to a construction contract for the Stormwater Management Works and that the Municipality shall have the benefit of any performance bond or insurance benefiting Schickedanz under such construction contract; C. Schickedanz and the Contractor have entered into construction contracts for: i) the construction, installation and maintenance of the channelization works from the Main Branch of the Soper Creek to a point just south of the proposed retention pond ("Contract A"); and ii) the construction, installation and maintenance of the balance of the Stormwater Management Works ("Contra.st B"); - 2 - D. True copies of Contract A and Contract B have been or will be delivered to the Municipality by Schickedanz; and E. The parties are entering into this Agreement to give effect to the intentions of the Stormwater Management Agreement. NOW THEREFORE WITNESSETH that in consideration of the premises and covenants hereinafter expressed and the sum of TWO ($2.00) DOLLARS of lawful money of Canada now paid by each of the parties to the others (the receipt whereof by each party is hereby acknowledged), the parties hereto covenant and agree to and with each other as follows: 1. Each of Schickedanz and the Contractor represent and warrant to the Municipality that the recitals contained herein are true in substance and in fact. 2. Upon the execution of this Agreement by the Contractor and its delivery to the Municipality the Contractor shall also deliver to the Municipality a performance and maintenance bond or bonds which may name Schickedanz as a beneficiary thereof and shall: a. name the Municipality as a beneficiary thereof; b. be in an amount or a total amount not less than the total of the contract price for both Contract A and Contract B; and C. be in a form and be issued by a surety company satisfactory to the Director of Public Works of the Municipality (the "Director") acting reasonably. 3. If in the sole opinion of the Municipality's Director of Public Works, acting reasonably, Schickedanz has failed to perform its obligations arising out of the Stormwater Management Agreement, then the Director may at any time and from time to time notify the Contractor in writing(the"Notification")that the Municipality will from such time onward act as the agent of Schickedanz with exclusive authority for all purposes to give instructions under either or both Contract A and Contract B to the Contractor. The Municipality shall not be responsible for the payment of any amount to the Contractor pursuant to either Contract A or Contract B up to the Notification except such sums for which the Municipality may be liable pursuant to the Construction Lien Act (Ontario) or other applicable law. After Notification the Municipality shall be responsible for the payment of work done subsequent to the Notification pursuant to either or both Contract A or Contract B in accordance with the terms of those contracts. Forthwith after Notification, the Director or his designate acting reasonably shall quantify the work completed either under Contract A or Contract B prior to Notification and give written notice thereof to Schickedanz and the Contractor. Schickedanz and the Contractor shall be deemed to accept such written notice of quantities as accurately stating those quantities. The Contractor covenants and agrees to cooperate fully in such quantification and shall make available to the Director or his designate all records of the Contractor necessary for such purpose. After Notification the Contractor shall accept the instruction of the Director or his designate (which designate may be a consultant different from the consultant appointed by Schickedanz pursuant to either Contract A or Contract B in which event the Contractor shall no longer accept the direction of the consultant appointed by Schickedanz), correct all deficiencies, perform all warranties and perform the outstanding work pursuant to either or both Contract A and Contract B. 4. Whether or not Notification is given the Municipality shall be the beneficiary of all warranties contained in Contract A and Contract B whether such warranties are made by the Contractor or by other suppliers of materials or services to the Contractor. - 3 - 5. The Municipality shall be a named insured in all policies of insurance required to be maintained by the Contractor pursuant to either Contract A or Contract B. Forthwith after execution of this Agreement by the Contractor and its delivery to the Municipality, the Contractor shall deliver a copy of such policy or policies of insurance certified by the insurer and signed by an officer of the insurer. 6. Schickedanz hereby acknowledges, covenants and agrees: a. that after Notification this Agreement shall constitute the direction and sole and sufficient authority to the Contractor to deal with respect to all matters of either Contract A or Contact B exclusively with the Municipality after Notification and the Contractor is hereby irrevocably authorized to rely upon any Notification from the Municipality without requiring any further proof of default by Schickedanz under the Stormwater Management Agreement; b. that after Notification the Municipality may exercise any of Schickedanz' rights, powers, authority and discretion pursuant to the terms of either Contract A or Contract B; C. to give prompt notice to the Director of any claim or litigation with respect to either Contract A or Contact B and of any default by the Contractor with respect to either Contract A or Contact B; d. execute and deliver to the Municipality at Schickedanz' sole cost and expense all such further assurances as the Director may reasonably require to give effect to the Stormwater Management Agreement or this Agreement; e. to indemnify the Municipality for, and to save and hold harmless of and from, any and all liabilities, losses, costs, expenses or damages which the Municipality may or might incur by reason of this Agreement provided that the Municipality complies with this Agreement; L after Notification at all times perform and observe all of Schickedanz' obligations contained in either or both Contract A and Contract B or imposed by the laws of the Province of Ontario; and g. without the prior written approval of the Municipality's Director of Public Works acting reasonably, not to waive any failure of the Contractor to perform its obligations under either Contact A or Contract B or permit anything allowing the Contractor to terminate either Contract A or Contract B, or consent to any assignment of either Contract A or Contract B by the Contractor. 7. In the exercise of the powers granted to the Municipality in this Agreement, no liability shall be asserted or enforced against the Municipality, all such liability being hereby expressly waived and released by Schickedanz and the Contractor provided that the Municipality complies with this Agreement. The Municipality shall not be obligated to perform or discharge any obligation or liability under either of Contract A or Contract B or this Agreement and the Contractor hereby agrees to look strictly to Schickedanz for the performance or discharge of all of Schickedanz' obligations and liability under either or both Contract A and Contract B. 8. (a) Schickedanz and the Contractor represent and warrant to the Municipality that: i, each of Contract A and Contract B is in full force and effect and constitute the entire and only agreements between Schickedanz and • ti - 4 - the Contractor with respect to the construction, installation and maintenance of the Stormwater Management Works; ii. there is no material default existing by either party under either Contract A or Contract B; and iii. there is no outstanding encumbrance or assignment of either Contract A or Contract B or any benefits and advantages to be derived from either Contract A or Contract B by either of them. (b) Each of Schickedanz and the Contractor represents and warrants to the Municipality that there is no pending or threatened litigation, action, claim or fact known to Schickedanz and the Contractor respectively and not disclosed to the Municipality in writing which materially adversely affects or could so affect either Contract A or Contract B or the rights of either party under either Contract A or Contract B. 9. Schickedanz and the Contractor hereby covenant and agree: a. to deliver an originally executed copy of both Contract A and Contract B to the Municipality; b. except as provided in paragraph 10 hereof not to cancel, amend or modify either Contract A or Contract B without the prior written consent of the Director; C. not to execute any assignment of either Contact A or Contract B without the prior written consent of the Director acting reasonably; and d. that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the parties and that this Agreement is made by the Municipality in reliance on this acknowledgment and agreement. 10. a. Notwithstanding the other provisions of this Agreement, Schickedanz in its sole discretion may terminate Contract B at any time prior to March 2, 1994 and if it does so, it shall give written notice of its action to the Municipality's Director of Public Works forthwith after terminating Contract B. b. If Contract B is terminated by Schickedanz pursuant to paragraph 10(a), Schickedanz may enter into a new contract (the "Replacement Contract") for the construction, installation and maintenance of the balance of the Stormwater Management Works which were to have been undertaken pursuant to Contract B (the "Part B Works") at any time prior to March 16, 1994, provided that the proposed contractor and the terms and conditions of the Replacement Contract are first approved by the Municipality's Director of Public Works acting reasonably, and provided also that the Replacement Contract provides for the Municipality to be a party to it for the purposes and to the extent considered necessary by the Municipality's Director of Public Works acting reasonably and that the Contractor's Performance Bond and Insurance naming the Municipality as beneficiary are delivered to the Municipality's Director of Public Works prior to March 16, 1994. Schickedanz will ensure that the provisions of this Agreement with the exception of paragraph 10 are incorporated in the Replacement Contract. C. If Contract B is terminated in accordance with paragraph 10(a) and a Replacement Contract is not entered into prior to March 16, 1994 in accordance with paragraph 10(b), the written notification of default or neglect to construct and complete the Part B Works shall be deemed to have been given in accordance with paragraph 5.17(1) of the Subdivision Agreement made between the Corporation of the Town of Newcastle and Schickedanz Bros. Limited dated July 18, 1989, as amended, with respect to the development of the lands now comprising Plans 10M-829 and 10M-830 in the Municipality of Clarington, Regional Municipality of Durham, and the Performance Guarantee deposited by Schickedanz with the Municipality pursuant to the aforesaid Subdivision Agreement may be called by the Municipality without prior notice to Schickedanz for the purpose of providing funds to permit the Municipality to construct, install and maintain the Part B Works. 11. This Agreement, and except as provided in paragraph 10 Contract A and Contract B, may not be amended except with the written consent of the Municipality and Schickedanz. The obligations of Schickedanz and the Contractor shall not be affected or impaired by any insolvency, bankruptcy, liquidation, reorganization, arrangement, composition,winding-up, dissolution or similar proceeding involving or affecting Schickedanz or the Contractor. 12. Any notice, request, communication or demand under this Agreement including without limiting the generality of the foregoing the Notification shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Municipality at 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Attention: Director of Public Works, Schickedanz at 3311 Bayview Avenue, Suite 105, Willowdale, Ontario M2K 1G4 Attention: Mr. R. Schickedanz and to the Contractor at . Such notice, request or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any cessation (whether anticipated or existing) of mail service affecting the delivery of such notice, the notice shall not be deemed to have been delivered until five (5) business days after the date that normal service is restored. 13. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties attorn to the jurisdiction of the courts of the Province of Ontario in order to enforce this Agreement. 14. If any term, covenant or condition of this Agreement to any extent is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, covenant and condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, and all counterparts shall constitute one and the same instrument. This Agreement shall not be binding and in effect until at least one counterpart, duly executed by the Municipality, the Contractor and Schickedanz, has been delivered to each party hereto. 16. This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and assigns. -t ' A - 6 - IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of the proper officers duly authorized in that behalf the day and year first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Diane Hamre - Mayor c/s gh - Deputy Clerk SCHICKED D r N e• 1440"r c/s And 13g- Name: Title: DON SHERK C S TI LIMITED Name: Title: 4-41 c/s i e Name: I S --6 lZi� Ft Title: 6/,fcc r'.