HomeMy WebLinkAboutADMIN 55-86 TOWN OF NEWCASTLE
REPORT File #
Res. #
- -_-- _ By-Law #
MEETING: General Purpose and Administration
DATE: July 21, 1986
REPORT #: ADMIN. 55 - 86 FILE #: 1 .3.9. 11
SUB.ECT: Rethink Arena Feasibility Study Review by Town Solicitor.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. That report ADMIN. 55 - 86 be received; and
2. That the balance owing to the ReThink Incorporated be
approved for payment in the amount of $1 ,824.49.
BACKGROUND AND COMMENT:
Council directed that the Terms of Reference and all other pertinent data be
forwarded to the Town's Solicitor for review and comment, prior to paying the
final amount due to the consultant.
Mr. Sims has replied and following a review of the documents has indicated that
the report prepared by ReThink Incorporated complies with the conditions of the
agreement and Terms of Reference established for the study. It is Mr. Sims'
opinion that the account should be paid since in his examination of the material ,
"he could ascertain no restrictions or limitations .. . which would have eliminated
the amount of work or in turn reduce the amount payable for the preparation of the
study."
Based upon our Solicitor's opinion, it is respectfully recommended that the balance
of the account owing to ReThink Incorporated for the preparation of the Arena
. . . .2
(6a)
REPORT ADMIN. 55 - 86 - 2 - July 21 , 1986.
Feasibility Study in the amount of $1,824.49 be paid.
Respectfully submitted,
David W. Oakes, B.A. ,A.M.C.T. ,C.M.O. ,
Clerk/Administrator.
DWO/os.
' D. J. D. Sims, Q.c.
Sims BradyMcInerney
J. F. Brady
BARRISTERS k SOLICITORS ��;r_
ij o '��.i ,ai` i�� R. D. Scott
TO
LA0MtjMjS
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Mr. David W. Oakes, A.M.C.T. ,
Clerk-Administrator, UL1 1986
Corporation of the Town of Newcastle,
40 Temperance Street, BY
Bowmanville, Ontario. TRAjOWS OFFICE
L1N 3A6
Dear Mr. Oakes :
Re : ReThink Feasibility Study
Administration File : 1 . 3 . 9 .11
I have now had an opportunity of reviewing
your letter of June 27th, 1986 and the enclosures that
accompanied it .
I am of the opinion that the Town of
Newcastle could not successfully defend any action that
might be commenced by ReThink Incorporated for the
balance of its fees for the preparation of a
feasibility study on the Bowmanville Arena. I note in
resolution C-322-86 that the concern appears to be that
the estimated cost exceeded the five year capital
forecast . In my review of the contract dated April
2nd, 1985 and the outline for the preparation of the
arena feasibility study I could ascertain no
restrictions or limitations of this nature which would
have eliminated the amount of work or in turn reduce
the amount payable for the preparation of the study.
The cost of defending an action of this
nature, should a claim be made, would be totally
disproportionate to the amount that is involved in the
dispute .
As requested, I am returning the feasibility
study . Should you have any further inquiries please do
not hesitate to get in touch with e .
i
YourskTiruly,
David J. D. Sims
DJDS :mrs
I
117 King Street, Box 358, Whitby, Ontario, LIN 5S4 Telephone 668-7704