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HomeMy WebLinkAbout97-204 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 97-204 Being a By-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Louis Aldrovandi, Lino Aldrovandi and the Estate of Guido Bruni 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, an agreement between Louis Aldrovandi, Lino Aldrovandi, the Estate of Guido Bruni and the Municipality. 2 . THAT the agreement attached hereto as Schedule "A" forms past of this By-law. BY-LAW read a first and second time this 29th day of September, 1997 . BY-LAW read a third time and finally passed this 29th day of September, 1997 . MAYOR �- CLERK i SEP 3 '97 11:c0 FR TO +:S0307'.2.7591905G62 P.FJG/06 THIS AGREEMENT made as of the 29th day of September, 1997. BETWEN. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter referred to as the "Municipality") - and - LOUIS ALDROVANDI, LINO ALDROVANDI AND THE ESTATE OF GUIDO BRUNI (hereinafter collectively referred to as the "Applicants") WHEREAS: A. The Municipality and the Applicants entered into an agreement made the 29th Day of September, 1978 (the "1978 Agreement") a true copy of which is contained in Schedule "A" annexed hereto which provides for the improvement of a portion of Sohna Road (the "Road Improvement"); B. On or about the 29th day of September, 1978, the Applicants paid to the Municipality the sum of$16,000 (the "Contribution")by certified cheque (a true copy of which is contained in Schedule "B" annexed hereto) as their contribution towards the cost of the Road Improvement; C. The Road Improvement has not been completed and the parties agree that they do not wish to proceed with the Road Improvement; D. The Applicants have requested that the 1978 Agreement be terminated and the Municipality return the Contribution to them without interest or deduction; and E. The making of this Agreement authorized by By-law No. 97- passed on the 29th day of September, 1997 a copy of Which is annexed as Schedule "C". NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, and of the covenants and agreements hereinafter contained, the parties agree as follows: 1. The 1978 Agreement is hereby terminated and the parties shall have no further rights or obligations to or with each other under the 1978 Agreement except as specifically provided herein. 2. The Municipality shall forthwith deliver the sum $16,000.00 to the Applicants by cheque money order or bank draft payable to their order jointly. 3. The Applicants represent and warrant that: (a) Recitals A, B, C and D to this Agreement are true in substance and in fact: (b) the Applicants have not assigned their rights under the 1978 Agreement either in whole or in part; 0 1U .7. (c) they have made representations to any person(s) which would cause such person(s) to rely upon the agreement of the Municipality to complete the Road Improvement pursuant to the 1978 Agreement: and (d) they are the persons entitled to the repayment of the Contribution. 4. The Applicants will, from time to time and at all times hereafter, well and truly save, defend and keep harmless and fully indemnify the Municipality from and against all actions, suits, claims and demands whatsoever which may be brought against or made upon the Municipality and from and against all loss, costs, charges, damages and expenses whatsoever which may be sustained, incurred or paid for by reason of the Municipality's reliance upon the representations and warranties of the Applicants, and that in case any action, suit, claim or demand be brought against or made upon the Municipality or any of its respective officers, servants, warners or employees, the Municipality may, upon written notice to the Applicants, and if not forbidden by the Applicants within the fourteen days thereafter, if the Municipality shall see fit, compromise any such actions, suits, claims or demands on such terms as the Municipality shall see fit, and the Applicants shall thereupon forthwith pay to the Municipality the sum or sums to be paid together with such sum as shall represent the reasonable costs of the Municipality or its solicitors in defending or settling any such actions, suits, claims or demands, but if the Applicants forbid such compromise within the said period, or if no such compromise be affected, then the Applicants may be made party to such actions, suits, claims or demands and will in every case fully indemnify the Municipality, its officers, servants, workers or employees. 5. Any notice, request, communication or demand under this Agreement 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 LIC 3A6, Attention: Treasurer and the Applicants at Attention: . 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 mail service is restored. 6. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective (where applicable) heirs, executors, administrators, successors and assigns. 7. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this Agreement. -3- IN WITNESS WHEREOF, this licence has been duly executed by the parties hereto as of the day and year first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By. Mayo ne ;Hamre By: Cl rk: atti -. arrie } WITNESS: WITNESS: } :yr,� Ti 7ril Gr'f;C ;nC ..y.y.