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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