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HomeMy WebLinkAbout92-76 , THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW6 NUMBER 92-76 Being a By-law to authorize the execution of an Agreement between The Corporation of the Town of Newcastle and Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee. THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute on behalf of The Corporation of the Town of Newcastle, and seal with the Corporation Seal, an Agreement between Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee, and said Corporation, attached to hereto as Schedule "A" and forming part of this by-law. By-law read a first and second time this 9th day of March, 1992. By-law read a third time and finally passed this 9th day March, 1992. /aI~~~ MAYOR CLERK I' LICENCE :3 6ljl)AA1!11.4.~ , tfi lD 1../017 f.: f)/l., !.Y1 { 071 -/! ;C{/~/', This Licence made as of the 1st day of January, 1992. BE'lWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Licensor") . and . DON WELSH, In trust for the Community of Bowmanville Santa Claus Parade Committee (hereinafter called the "Licensee") WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor, subject to the terms and conditions set forth herein, the lands (hereinafter called the "Premises") upOn which the building identified in Schedule "A" hereto as the "Bowmanville Santa Claus Parade Building" (hereinafter called the "Building") is situate, to be used and occupied by the Licensee for the purpose only of storage of equipment relating to the Bowmanville Santa Claus Parade for a term commencing on the 1st day of January, 1992, and subject to termination as hereinafter provided. This Licence is made upon the following terms and conditions, which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Fee The Licensee shall pay licence fee of Two ($2.00) Dollars in advance on the rust day of the term of this licence. 2. ~ During the term of this licence, the Licensee shall have reasonable access to the Building across the lands identified on Schedule "A" as the "Bowmanville Public Works Yard" (hereinafter called the "Yard"). The Licensee acknowledges that the Yard is fenced and locked when not in use by the Public Works Department of the Licensor and that access may be so restricted. 3. Licensor's Title and Allowable Use The Licensor covenants as a condition of this licence that it has good marketable fee title to the Premises and the right to make this licence for the term aforesaid; that the provisions of this licence do not ~nflict with or violate the provisions of existing agreements between the Licensor and third parties; that the Premises and the uses thereof for the purposes specified in this licence are in conformity with all applicable legal requirements including, without limitation, zoning and planning ordinances, and will not violate applicable restrictions, if any. The parties acknowledge and agree that the Building is the property of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or maintenance of the Premises or the Building. The Licensee shall maintain the Premises and the Building during the term of this licence to the same standards as are maintained in public works yards in the Town of Newcastle. 5. Services The Licensor shan not be required to furnish any services or utilities to the Premises or Building during the term of this licence. The Licensee assumes full and sole responsibility for the supply of and payment for such services and utilities, if any are required by the Licensee. 6. Surrender of Premises If the Licensor shall i) sell the property of which the Premises forms a part, or ii) expand the Public Work depot or Community Services depot of the Licensor located at the Yard, then upon written notice, the Licensee shall forthwith peaceably yield up to the Licensor the Premises by the date specified in such written notice and the Licensee shall ensure that the Building is removed and that the Premises are in the same condition as is required to be maintained pursuant to Article 4. The Licensor shall endeavour to provide such notice as early as practicable. 7. IIl$pCction The Licensor shall have the right at all reasonable times during business hours to inspect the Premises and the Building. t... - 2 - 8. Insurance The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. The Licensee shall deliver to the Treasurer of the Licensor a policy of insurance certified and signed by the insurer forthwith after requested to do so. The Licensee shall maintain property loss or contents insurance for his own benefit and at his own cost. 9. (b) 11.. not used 10. (a) Compliance With Law During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal governments and governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use, manner of use or occupancy thereof. After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal proceedings at the Licensee's sole cost and expense and with counsel of the Licensee's choosing, the validity of any law, ordinance, order, rule, regulation or requirement with which, by the provisions of this licence, it is obligated to comply. If by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may be legally held in abeyance without incurring any lien or charge of record against the Premises, and without subjecting the Licensor to any fines, penalties or any other liability for failure to comply therewith, the Licensee may postpone compliance until the final determination of any such proceedings, provided that all proceedings shall be prosecuted with due diligence. Default If the Licensee shall default in the performance of any of its obligations under this licence and if such default shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has defaulted (except that if such default cannot be cured within said five-day period, this period shall be ext~nded for a reasonable additional time, provided that the Licensee commences to cure such default within the five- day period and proceeds diligently thereafter to effect such cure), the Licensor may cure such default and any costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises and repossess the same as of the former estate of the Licensor. 12. Notices Any notice, request, communication or demand under this Licence shall be in writing and shell be considered properly delivered when given or served personally or by registered mail to the Licensor at 40 Temperance Street, Bowmanville, Ontario, Attention: Mr. Lawrence Kotseff and the Licensee - Attention: Chief Executive Officer and the Chairman of the Bowmanville Santa Claus Parade Committee, at his last known address. The Licensee shall notify the Licensor of any change in the Chairman or address for service. 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. 13. Assipment and Sublicence The Licensee may not assign this licence or sublicence all or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld. 14. Indemnity of Licensor The Licensee shall defend the Licensor and hold the Licensor harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Licensor in connection with the loss of life, personal injury or damage to property caused during the term of this licence, in whole or material part, by the act or omission of the Licensee, its agents, employees, licensees, invitees or contractors, arising (i) from any occurrence in or on the Premises or the Building, or (ii) from the use by the Licensee of any part of the Premises or the Building, or (ill) from any work undertaken by the Licensee on the Premises or the Building; . provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions, losses, damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents, employees, contractors, licensees or invitees. The Licensee shall have the right to defend, at its own expense and by counsel of its own choosing, and shall defend, against any claim to which the aforesaid indemnity agreement would apply, and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. The extent of the indemnity provided for herein shall be limited to the proceeds of insurance required to be maintained pursuant to Paragraph 8. ~ I" - 3- 15. Countefl)arts This licence 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 licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. . 16. RelPstration of Licence The Licensee shall not register this licence or notice of this licence against the title to the Premises or the Yard. 17. Governin~ Law This licence 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 licence. 18. Invalidity If any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be separately valid ahd enforceable to the fullest extent permitted by law. 19. Miscellaneous (a) No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated, but each shall, whenever possible, be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and- failure to cure such default within the applicable grace period. (b) Failure of either party to cure a default of the other under this licence shall not render such o:on- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. 20. Bindinv A~eement This licence shall bind and inure to the benefit of the parties hereto and their respective executors, distributees, heirs, representatives, successors and assigns. 21. Entire A~eement This licence contains the entire agreement of the parties and shall not be modified except by an instrument in writing which is signed by both parties. IN WITNESS WHEREOF, this licence has been duly executed by the parties hereto ~of the day and year first above written. THE CORPORATION OF THE TOWN OF NEWCASTLE By: Witness Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee C' / SCH:DL"LE I: All ~- w LAKE ROAD w a:: " CHA'NlI~ ~ -x en / \ ,-.mg. >- ~ a:: I( -I( w m l< ..J I BOWMANVILLE SANTA CLAUS. - 1( o PARADE BUILDING J 0 V 0 ~ "- - BOWMANVILLE PUBLIC WORKS DEPARTMENT DEPOT I( , " . . , i cJ'I ~ ~ BOWMANVILLE PUBLIC WORKS YARD L_ - -------- - --------- B.F. KEY MAP IDRAWN: J.M. II DATE: AUG. 1991 II ...-:--' . .' The DOMINION OF CANADA General Insurance Company 'OLlCY NO. a::p 8214467 ';'\N '1 6 ",992 .,d"\ , ~, L CHANGE ENDORSEMENT 00 INDICATES THE ITEM(S) CHANGED BY THIS ENDORSEMENT ISSUED TO BCHmN\7II.lE ~ CUWS PARADE a:Hu."J...1"~ o NAME OF INSURED IS AMENDED TO READ AS FOLLOWS: o ITr:'M(SI SHOWN RFLOW IS/ARE ADDED TO THE POLICY: o ITEM(S) SHOWN BELOW IS/ARE DELETED FROM THE POLICY: o THE RATES ARE AMENDED AS SHOWN BELOW: o r~ !J ADDITIONAL PREMIUM $ 40.00 COUNTERSIGNED BY :FFECTIVEDATE~. 1, 1991 BROKER/AGENT ~'HARVEY INStJRMk:E ~ LTD 638 (4/91) RETURN PREMIUM $ .-;,,'~ ~ MAILING ADDRESS OF INSURED IS AMENDED TO READ AS FOLLOWS' C/O VAL GJ\RDINER RrlAL .EV\NK 1405 RmG Sll(t;t;!" EAST CXXlRTICE, wrARIO, LlE 2J6 KI LIMIT OF INSUPA~!C= UNDEP. SECTION 3 COVERAGE a;r. . IS AMENDED TO $ 2,000, OQO. EAaI <:xx:tJRAN::E 2,000,000. ~ o LIMIT OF INSURANCE UNDER SECTION COVERAGE, IS AMENDED TO $ o FORM NUMBER REPLACED WITH FORM NUMBER IS DELETED AND ATTACHED, o THE DEDUCTIBLE UNDER SECTION COVERAGE $ . IS AMENDED TO ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Qe;~.a . RQ(\I<I=Q/Ll.c:r:I\IT r(\pv LICENCE This Licence made as of the 1st day of January, 1992. BElWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter called the "Licensor") - and - DON WELSH, in trust for the Community of Bowmanville Santa Claus Parade Committee (hereinafter called the "Licensee") WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the Licensor, subject to the terms and conditions set forth herein, the lands (hereinafter called the "Premises") upon which the building identified in Schedule "A" hereto as the "Bowmanville Santa Claus Parade Building" (hereinafter called the "Building") is situate, to be used and occupied by the Licensee for the purpose only of storage of equipment relating to the Bowmanville Santa Claus Parade for a term commencing on the 1st day of January, 1992, and subject to termination as hereinafter provided. This Licence is made upon the following terms and conditions, which the Licensor and the Licensee covenant and agree to keep and perform: 1. Licence Fee The Licensee shall pay licence fee of Two ($2.00) Dollars in advance on the first day of the term of this licence. 2. Access During the term of this licence, the Licensee shall have reasonable access to the Building across the lands identified on Schedule "A" as the "Bowmanville Public Works Yard" (hereinafter called the "Yard"). The Licensee acknowledges that the Yard, is fenced and locked when not in use by the Public Works Department of the Licensor and that access may be so restricted. 3. Licensor's Title and Allowable Use The Licensor covenants as a condition of this licence that it has good marketable fee title to the Premises and the right to make this licence for the term aforesaid; that the provisions of this licence do not conflict with or violate the provisions of existing agreements between the Licensor and third parties; that the Premises and the uses thereof for the purposes specified in this licence are in conformity with all applicable legal requirements including, without limitation, zoning and planning ordinances, and will not violate applicable restrictions, if any. The parties acknowledge and agree that the Building is the property of the Licensee. 4. Maintenance and Repairs The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or maintenance of the Premises or the Building. The Licensee shall maintain the Premises and the Building during the term of this licence to the same standards as are maintained in public works yards in the Town of Newcastle. 5. Services The Licensor shall not be required to furnish any services or utilities to the Premises or Building during the term of this licence. The Licensee assumes full and sole responsibility for the supply of and payment for such services and utilities, if any are required by the Licensee. 6. Surrender of Premises If the Licensor shall i) sell the property of which the Premises forms a part, or ii) expand the Public Work depot or Community Services depot of the Licensor located at the Yard, then upon written notice, the Licensee shall forthwith peaceably yield up to the Licensor the Premises by the date specified in such written notice and the Licensee shall ensure that the Building is removed and that the Premises are in the same condition as is required to be maintained pursuant to Article 4. The Licensor shall endeavour to provide such notice as early as practicable. 7. Inspection The Licensor shall have the right at all reasonable times during business hours to inspect the Premises and the Building. - 2 - 8. Insurance The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee and any occupant as insured, in the amount of at least Two Million ($2,000,000.00) Dollars. The Licensee shall deliver to the Treasurer of the Licensor a policy of insurance certified and signed by the insurer forthwith after requested to do so. The Licensee shall maintain property loss or contents insurance for his own benefit and at his own cost. 9. not used (b) Compliance With Law During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal governments and governmental agencies, which are applicable to the Premises, to the improvements which may be situate thereon, or to the use, manner of use or occupancy thereof. After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal proceedings at the Licensee's sole cost and expense and with counsel of the Licensee's choosing, the validity of any law, ordinance, order, rule, regulation or requirement with which, by the provisions of this licence, it is obligated to comply. If by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may be legally held in abeyance without incurring any lien or charge of record against the Premises, and without subjecting the Licensor to any fines, penalties or any other liability for failure to comply therewith, the Licensee may postpone compliance until the final determination of any such proceedings, provided that all proceedings shall be prosecuted with due diligence. 10. (a) 11. Default If the Licensee shall default in the performance of any of its obligations under this licence and if such default shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has defaulted (except that if such default cannot be cured within said five-day period, this period shall be extended for a reasonable additional time, provided that the Licensee commences to cure such default within the five- day period and proceeds diligently thereafter to effect such cure), the Licensor may cure such default and any costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may lawfully enter the Premises and repossess the same as of the former estate of the Licensor. 12. Notices Any notice, request, communication or demand under this Licence shall be in writing and shall be considered properly delivered when given or served personally or by registered mail to the Licensor at 40 Temperance Street, Bowmanville, Ontario, Attention: Mr. Lawrence Kotseff and the Licensee - Attention: Chief Executive Officer and the Chairman of the Bowmanville Santa Claus Parade Committee, at his last known address. The Licensee shall notify the Licensor of any change in the Chairman or address for service. 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. 13. AssiiDment and Sublicence The Licensee may not assign this licence or sublicence all or any part of the Premises at any time during the term hereof without the consent of the Licensor which consent may be unreasonably withheld. 14. Indemnity of Licensor The Licensee shall defend the Licensor and hold the Licensor harmless from and against all claims, actions, losses, damages and expenses (including reasonable legal fees) incurred by the Licensor in connection with the loss of life, personal injury or damage to property caused during the term of this licence, in whole or material part, by the act or omission of the Licensee, its agents, employees, licensees, invitees or contractors, arising (i) from any occurrence in or on the Premises or the Building, or (ll) from the use by the Licensee of any part of the Premises or the Building, or (ill) from any work undertaken by the Licensee on the Premises or the Building; provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims, actions, losses, damages or expenses are caused wholly or in material part by the act or omission of the Licensor, its agents, employees, contractors, licensees or invitees. The Licensee shall have the right to defend, at its own expense and by counsel of its own choosing, and shall defend, against any claim to which the aforesaid indemnity agreement would apply, and the Licensor's right to defend or settle any such claim shall be limited to those cases where the Licensee has failed or refused to defend. The extent of the indemnity provided for herein shall be limited to the proceeds of insurance required to be maintained pursuant to Paragraph 8. . . , - 3 - 15. Counterparts This licence 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 licence shall not be binding and in effect until at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party hereto. 16. Re&istration of Licence The Licensee shall not register this licence or notice ohhis licence against the title to the Premises or the Yard. 17. Governing Law This licence 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 licence. 18. Invalidity If any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be separately valid and enforceable to the fullest extent permitted by law. 19. Miscellaneous (a) No remedy or election given by any provision in this licence shall be deemed exclusive unless so indicated, but each shall, whenever possible, be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period. (b) Failure of either party to cure a default of the other under this licence shall not render such non- defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations hereunder. 20. Binding AlP'eement This licence shall bind and inure to the benefit of the parties hereto and their respective executors, distributees, heirs, representatives, successors and assigns. 21. Entire Agreement This licence contains the entire agreement of the parties and shall not be modified except by an instrument in writing which is signed by both parties. 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 TOWN OF NEWCASTLE ~ ' /f2#~ itness /patti B LV&7\i ~ , Don Welsh, in trust for the Community of Bowmanville Santa Claus Parade Committee , By: And: , " '/ , . . t I SC1E:DL"LE "A" cJl o -0 ~ L_ BOWMANVILLE PUBLIC WORKS YARD ('l ~ ~ - ----------- - ------------ IDRAWN: J,M, /I DATE: AUG, 1991 ,I B.F. KEY MAP