HomeMy WebLinkAbout96-186 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 96-186
being a by-law to authorize entering into
Minutes of Settlement between the Corporation
of the Municipality of Clarington and
Esposito Bros . Construction Ltd.
THE COUNCIL OF 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' s seal, Minutes of Settlement
between the said Corporation and Esposito Bros . Construction
Ltd. , attached hereto as Schedule "A" and forming part of
this by-law.
By-law read a first and second time this 11th day of
November 1996
By-law read a third time and finally passed this 11th day of
November 1996
MAYOR
CLERK
SCHEDULE "A" TO BY-LAW 96-186
Court File No. 39993186
ONTARIO COURT (GENERA.DIVISION)
BETWEEN:
ESPOSITO BROS. CONSTRUCTION LTD.
Plaintiff
and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
and TOTTEN SIMS HUBICKI ASSOCIATES (1991) LIMITED
carrying on business as
TOTTEN SIMS HUBICKI ASSOCIATES
Defendants
MINUTES OF SETTLEMENT
1. The Defendants, The Corporation of the Municipality of Clarington ("Clarington')
and Totten Sims Hubickl Associates (1991) Limited ('TSH'),wlthout admission of liability shall pay
to the Plaintiff the total amount of$26,000.00 inclusive of all costs of which payment shall be made
by Clarington to the Plaintiff in the amount of$8,000.00 and by TSH to the Plaintiff in the amount
Of$17,000.00. Upon delivery of the respective payments to the Plalntlff, each of the parties fully
and finally remise, release and forever discharge the others,their successors and assigns of and
from any and all manner of actions, causes of actions and from all claims and demands of every
nature and kind whatsoever and howsoever founded which they have or hereinafter can, shall or
may have against the others, whether known or unknown, suspected or unsuspected, latent or
patent, and whether at law or in equity arlaing out of the reconstruction of Lawson Road pursuant
to contract No. CL94-37 between Clarington and the Plaintiff.
2. The Plaintiff shall serve a Notice of Discontinuance on each of the Defendants and file
same with the Court all at its own cost.
-2-
3, The Plaintiff acknowledges and agrees that all communications made between the
Defendants or their counsel since service of the Statement of Claim and any communication made
by counsel or staff of Clarington to the Council of Clarington are communications for the purpose
of settlement and production of same will neither be requested nor compelled. This
acknowledgement and agreement shall survive notwithstanding that the condition set out in
paragraph 3 hereof has not been satisfied,
4.. The obligations set out in paragraph 1 hereof are conditional upon the approval
of this settlement by Clarington Council on or before November 13, 1996.
5. -These minutes may be executed In counterparts and upon delivery of executed
copies by each party to the others shall be deemed to constitute one document.
November
Dated this 11 th day of Wa>iar, 1996.
` THE CORPORATION OF THE MUNICIPALITY OF
CLARINQTON
Ma
er
TOTTEN SIMS HUBICKI ASSOCIATES (1991)
LIMITED, by he solicitor, Brown, Forbes,Chochla,
Burnes&Aiklns
ESPOSITO BROS. CONSTRUCTION LTD., by Its
solicitors Lento, D'Allmonte