HomeMy WebLinkAbout77-73
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-Law No. 77-73
Being a by-law authorizing the execution of
an agreement with respect to leasing of lands
for Orono Arena by the Mayor and Clerk.
WHEREAS the Corporation of the Town of Newcastle considers it
desirable to lease from The Durham Central Agricultural Society
the lands and premises more particularly described in an agreement
between The Corporation of the Town of Newcastle and The Durham
Central Agricultural Society dated the 1st day of September, 1977,
for the construction of an arena, community centre and gr.andstand
thereon.
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NOW THEREFORE BE IT ENACTED by Council of The Corporation of the Town
of Newcastle as follows:
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1. THAT the Mayor and Clerk of The Corporation of the Town of
Newcastle be and they are hereby authorized to execute an
agreem~nt between The'Corporation of the Town of Newcastle
and The Durham Central Agricultural Society dated the 1st
day of September, 1977, for the lease of lands and premises
more particularly described in the agreement for the
construction of an arena, community centre and grandstand.
BY-LAW READ a first and second time this ~.. .. day of
. . . . . . .tf:C:(q 6l-. /!-, 1977.
BY-LAW READ a third and final time this ..~.... day of
. . . . . . .d ~.-r.tJ. '5.13;-/1-; 1977.
J.M. MclIro
Clerk
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Seal
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THIS AGREE!\:E;~T made this 151 cay u: S'~>plc'::,L,,;.
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A.D., 1977.
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE,
. hereinafter called the "TOWN"
OF THE FIRST PART,
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THE DURHAM CENTRAL AGRICULTURAL SOCIETY
,
(a company incorporated under the Agricul~
tural Society Act, R.S.O. 1970, Chapter
15, as amended),
hereinafter called the "SOCIETY"-
OF THE SECOND PART.
WHEREAS The Durham Central Agricultural Society
is the owner of the lands and premises more particularly des-
cribed in Schedule "A" hereto;
AND WHEREAS The Corporation of the Town of
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Newcastle proposes to construct an arena, community centre and
grandstand on the aforesaid lands and premises, hereinafter
called the "Orono Arena";
AND WHEREAS The Corporation of the Town of
Newcastle considers ~t desirable to lease the lands for the
said arena, communlty'centre and grandstand, from the Society
as a community centre, as provided for under The Community
Centres Act, R.S.O. 1970, Chapter 73, as amended;
AND WHEREAS the arena, community centre and
grandstand is to be managed by a Board created under the afore-
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said Community Centr~s Act, hereinafter called the Orono Arena
Community Centre Board;
AND WHEREAS the parties hereto consider it
desirable to enter into this agreement.
1.
This ~greement is made pursuant'to The Short
Forms of LeasesAct~ R.S.O. 1970, Chapter 436. ---
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'2.
The Society hereby leases to the Town the lands
and premises more particularly described in Schedule "B"
hereto, together with' the rights of ineress and egress over the
lands owned by the Society for a term of 25 years, commencing
on the 1st day of September, 1977, and terminati~g on the
31st day of August, 2002, at an annual rental of $1.00 per annum,
to be p~id in advance for the whole of the term demised.
3.
The Town shall have the right; upon writt~n
notice to the Society at any time prior to the expiry of the
term of this lease, to renew the lease on the same terms and
conditions as contained herein for afurthe~ ~erm of. 10 years
from the date of the expiry of the first term of thxs lease, and
the Town shall have a further right, at any time during the
original .term"or the first extension thereof".to renew this lease
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for a further term of 10 years, from the datecof the expiry of
the first renewal, on the same terms and conditons contained
in this lease, save as to a further right of renewal.
4.
In the event that the Society permits the Town to
remain in occupation of the lands without objection after the
expiration of the term, th~ Town shall be deemed to be a tenant
from year to year (the tenancy to be terminated by either the
Society or the Town upon the day preceding any anniversary date
of commencement of such yearly tenancy by written notice given
to the other party not less than six months prior to such term-
ination date) at a yearly rent ~qual to the annual rent payable
by the tenant during the term of the lease.
5.
. .The Town covenants with the Society:
(a) to pay rent; and
(b) to observe and perform all
the covenants and provisoes of
this lease on the part of the
Town to be observed and per-
formed.
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6.
The Society covenants with the Town:-
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(a) for quiet enjoyment; and
(b) to observe and perform a~l
the covenants and provisoes of
this lease on the part of the
Society to be observed and per-
formed.
7.
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The Town shall construct and complete an aren.a,
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commun1ty centre and grandstand on the demised premises in
accordance with t~e regulations for ~he construction of such
structure as may be ~stablished by the Province of Ontario.
8.
The Society and the Town agree that the arena
and all other fixed i~provements which the Town may construct
upon the lands from time to time shall be fixtures to the land
and are intended to be and become the ~bs6~ute,property of the
Society upon the e~piration' of the' terE1"-of-, this -lease but shall
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be determined as between the Town and the Society during this
lease and any renewal thereof, to be the separ~te property of
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the Town and not the Society.
9.
_ The Town shall ef:fect: orr shall cause its con--
tractor or contractors to effect prior to the commencement of
the cQnstruction of the arena and shall maintain and keep in
force insurance:
(i)
protecting both. the Town and the Society
(without any rights of cross claim or
subrogation against the Society) against
claims for personal injuries, death or
property damage or other third party or
public liability claims arising from any
accident or occurrence upon, in, or
about the lands 'and upon any claim includ-
ing the risk occasioned by the construction
of the arena to an amount of not less than
$1,000,000.00 for any personal injury,
death, property or other claims in respect
of anyone accident or occurrence.
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(ii)
protecting both the Society and the Town
for loss or damage (without any rights of.
cross claim or subrogation against the
society) to the arena and a11.;fixtures,
equipment, improvement,and building material
on the lands from~ime to time both during
,- and after consgruction against -fire or other
perils, from time.to time customarily in~'
eluded in the usual extended coverag~eridorse-
ment upon fire-policies applicable to similar
properties to the full insurable value thereof.
Provided that the proceeds of such insurance
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shall be ,applied at the sole option of
the Town to the reconstruction of the
arena or such other purpose that the tenant
may determine without the Town being
r~quired to reconstruct or repair the arena
upon the lands demised.
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10.
:" The Town shall be respo~~ible fur all payments
of all charges, rates or levies for electrical, water, sewer
or gas....
11.
The Town shall be under no c~ligation to the
Society to maintain the arepa, community centre and grandstand
_ in the state of repair, save that in the event that ,the arena,
"community centre and/or grandstand are destroyed by fire,"
lightning or tempest, or are otherwise razed for whatever
reason by the Town, the Town shall leave the lands demised in a
graded and:_level condition on the expiration or other termin-
ation of the lease~ It is also understood that the Society
shall be under no obligation to keep the arena, community
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centre and grandstand in repair.
12.
The parties hereto acknowledg~ that the arena,
community centre and grandstand shall be used as a community
centre as provided by The Community Centres Act, R.S.O. 1970
Chapter 73 as maybe amended from time to time, and it shall
be a condition of this lease that the board created to adminster
the arena shall grant at no cost to the Society except for the
cost of heat, hydro and water consumed, a licence for the use
of the demised premises, to the Society for a period not exceed-~
ing twenty-one (21) days in each year, commencing on and in-
cluding the 25th day of August in each and every year, or such
other times as the Society and the Orono Arena Community Board
~ created to adminster the arena, or failing such Board, the
Town may agree.
13.
The Society bereby grants to tbe Town during tbe
term of tbis lease ;-- and any renewal tbereof. a licence for the
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parking-~f_motor vehicles of persons using the arena upon the
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lands and premises more particularly described in Schedule "c"
hereto. The Town shall have the right, at its expense, to
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grade, level, construct and instal all ~hings and appurtenances,
including gravel and asphalt necessary to use the lands des-
cribed in Schedule "C" as a parking lot, but the Town shall be
under no obligation to the Society to keep any such improve-
ments i~ good repaii, nor to restore lands to their original
condition at the termination of this lease or any renewal
thereof.
14.
This agreement shall extend to and enure to the
benefit of and be binding upon the Town and the Society,' and
their respective successors and assigns.
15.'
In the case of any dispute between the Society
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and the Town as to any matters a,rising under the terms.. of this
agreement, either party' hereto' shall be entitled to give the'
other party notice of such dispute, and demand arbitration there-
of, and after giving notice and demand, each party shall at once
appoint an arbitrator and such appointees ~hall jointly appoint
a third. Thendecision of any two of the three arbijiTators
so appointed shall be final and binding upon the parties hereto
who covenant one with the other that their disputes shall be
so decided by arbitration alone and not by recourse to any
Court by action at law. If within a reasonable time the two
arbitrators appointed hereto, do not agree upon a third; or if
the party who has been notified of a dispute fails to appoint
an arbitrator to represent the p~rty in default may upon petition
of the party not in default be appointed by a Judge of the
Supreme Court of Ontario, purs'.lant to the ,__pr.o-vis10ns .of .'I'he
Arbitrations Act, R.S.O. 1970, Chapter 25, as may be amended from
time to time. The cost of arbitration shall be apportioned
between the parties hereto as the arbitrators may decide.
16.
During the term of the lease, or any renewal
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thereof, the Town shall have_therig~t of first refusal to pur~
chase the lands, described 111'.. Schedule "B" 'or "C" or in both
schedules, and the Society agrees that in the event it receives
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an offer to purchase any~of the lands described in the afore-
said Schedules, the Society shall advise the Clerk of the Town
of 8'lch offer and-provide the Clerk wi th a copy t.hereof withiil
14 days of the date of receipt by the Society of such offer,
and the Town ,shall have the right wi thin 60 days of receipt by
the Clerk of such notice to exercise the right to acquire the
lands i.nclud'ed in such offer at a price equal to the price
contained in such offer, and the Society shall convey the lands
described in the offer to the Town free and clear of all en-
cumbrances, subject to t~e usual adjustments, within 30 days
after the exercise of the right. of.' first refusal. by the Town ~
The Town shall be allowed 15 days from the exercise of the
right of first refusal to ex~mine the title to the property at
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its own expense, and if }Vit~in the time allowed for ..the examin-
ation of title" any valid ?bjecti_~Il to~titl~ :is given which the
Society shall be unable or unwilling to remove and which the
Town will not waive, the agreement of purchase and sale, not-
withstanding any intermediate acts or negotiations, be null
and void, and any deposit money shall be returned to the Town
without interest or deduction,- provided that .theterms of the
lease and the provisions for any renewals thereof, shall con~
tinue.
IN WITNESS WHEREOF the parties hereto have here~
unto affixed their corporate sales under the lands of their duly
authorized officers.
Mayor
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Clerk
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THE DIJRHAM CENTRAL AGRI CULTURAL SOCIETY.
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s C::-:l:J7.il.,~ A
ALL AND SD~GULAR those certain parcels or tracts of land Cl.nd pr(:~1i ,- (,.0
situate, lying and being in the To',m of NeVlcastle, ReGional I,lunici1'21~
of Durham, Prqvince of Ontario, and beine; composed of:
FIRSTLY: all of Villa&e Lots Nine (9) and Fourteen (14), Block M, par
of Princess Street and Park Street, part of unsubdivided Lot Twenty-
eight (28) in the Fifth Concession, all according to C. G. Hanning~s
Plan of the former Village of Orono, and part of Lot Twenty-seven (27)
in the Fifth Concession of the Geographic Trn'ffiship of Clarke, all
formerly in the County of Durham, more particularly ?escribed as foIl
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PREMISING that the Westerly limit of said Lot 28, Concession 5, has an
astronomic bearing of North 18 degrees -05 minutes )'lest and relating
all bear.ings herein ..thereto; .
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COW~lliNCiNG at the North-Westerl~ a~gie'of said Village Lot 9, Block M;
THENCE South 18 degrees 14 minutes 20 seconds East along the Westerly
limits of said Village Lots 9 and 14 and its production Southerly
381.08 feet;
THENCE North 71 degrees 35 minutes East a distance of 66.57 feet;
THENCE South 18 degrees 18 minutes East a distance of"78.87 feet to
the North-Westerly angle of the lands designated as Part Two (2)
according to Plan 10 R 280; .". """. . - - -: "
THENCE South 16 degrees 51 minutes East"a -distance_ of 183.92 feet;
THENCE North 71 ,degre,es 5~ ~~nute~"East~a__~ist,anc~_of_16.~0 -feet;
THENCE South 16 degrees 51 mi~utes East a distance of 147.00 feet
to a point in the Northerly limit of Princess Street;
THENCE North 71 degrees" 55 minutes East along the last-mentioned limit
a distance of 2.53 feet to the North-Westerly angle of the lands
designated as Part Four (4) according to said Plan 10 R 280;
THENCE South. IS degrees 06 minutes East a distance of 132.13 feet;
THENCE North 71 degrees 45 minutes 30 seconds East a distance of
417.49 feet to the South-Westerly angle of" the lands designated as
Part One (1) according to Plan 10 R 318;
TH~~CE North 19 degrees 17 minutes 30 seconds West along the Westerly
limit of the said lands a distance of 149.27 feet to the North-
Westerly angle thereof;
THENCE North 70 degrees 42 minutes 30 seconds East along the Northerly
limit of the lands designated as Parts one (1) nvo (2) and Three (3)
according to said Plan 10 R ~18 a distance of 17S.00 feet to a point
in the Westerly limit of King's Highway Numbers 115 and 35;
THENCE North 09 degrees 35 minutes ~vest along said limit a distance
of 8.29 feet to the beginning ofa curve to the left, said curve
having a radius of 2789.79 feet and a chord equivalent of 422.39 leet
measured North 13 degrees 55 minutes West; "
ITHK~CE Northerly along the said curve! being the Westerly limit of the
said Highway, an arc distance of 422.~0 feet to the end of the said
lcurve; " "
ITHENCE North 18 degrees 15 minutes West continuing along the said
:'lesterly limit a distance of 675.61 feet more or less to a point
Idistant 50 feet measured Southerly therein from the point of inter-
section with the Southerly ~imit 01 Centre Street;
THENCE South 71 degrees 35 minutes West parallel to the Southerly limi~
of Centre Street a distance of 50.00 feet; ,.- : - - " ~
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-:,. THENCE North 19 degrees 15 minutes -''lest" a distance 01 50.00" feet to a
oint in the Southerly lliait of Centre Street;
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, "T!-i:;I~CE South 71 de:rees 35 r:linutes Vle:;t alon: ~,aid ::.louther} -: li;'1i t ..
dist~nce of 542.26 feet to the point of intersection with the line of
a fence runnin,g Southerly, said fence marking the existing Easterly
limit of Village Lot 12, Block N;
THID~CE South 18 degr~es 53 minutes East in the line of the said fence
a,nd its~production Southerly a distance of 382.68 ,feet more or less
to "a point in the Southerly limit of Park Street;'
THENCE South 71 degrees 38 minutes We~t along the last-mentioned limit
a distance ot"114.95 feet more or less to the yuINT OF CO:f\~\'lENCEMENT.
TOGETHER WITH a right-of-way in common with all those legally entitled
theretot for free p~ssage over, along and upon that part of said
unsubd~vided Lot. 28 more particularly designated as Part Eight (e)
on said Plan 10 R 280, and as Part One (1) on said Plan 10 R 318.
SECONDLY: part of unsubdivided Lot Twenty-eight (28) in the Fifth
Concession lying North of Centre Street according to C. G. Hanning's
Plan of the former Village of Orono, described as follows;
COMr~CING at the intersection of the North boundary of CentreJStreet
as shown on said Plan with the Eastern boundar~:~,~"~aid Lot 28;
TH~~CE running Northerly along said Eastern boundary of said Lot 23
429':feet (six chains fifty links);
THENCE Westerly on a line parallel with the Southerly boundary of
said Lot 297 feet (four chains 50 links);
THENCE Southerly on a line parallel with the Eastern boundary of said
Lot 429 feet (six chains fifty"links) more orless.to the Northern
boundary of Centre Street;. -
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THENCE Easterly along the Northern boundary of Centre Street297 feet
(four chains fifty links) more or less to the PLACE OF BEGINNING.
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SCHEDULE B
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the ,Town of Newcastle, Regional Municipali1
of Durham, Province of Ontario, and being composed of all of Village
Lot Nine (9) and part of Village Lot Fourteen (14)~ ~lock M, and
part of unsubdivided Lot ~~enty-eight (2S) in the Fifth Concession
according to C. G. Hanning's Plan of the former Village of Orono,
.. formerly in th.e County of Durham, described as follo\'fs;
PREMISING that the Westerly limit of said Lot 28, Concession 5, has
an astronomic bearing of North 18 degrees 05 minutes West and relating
all bear,ings herein, -thereto;
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CO~~ffiNCING at the North-Westerly angle of said Village Lot 9, Block Mj
THENCE S~uth 18 degrees 14 minutes 20 seconds East along the Westerly
limits of said Village Lots 9 and 14 a distance of 264 feet;
TH~~CE North 7ldegrees 38 minutes East a distance of 140 feet;
THENCE North 18 degrees 14 minutes 20 seconds West a distance of
264 feet to a point'in the Southerly limit of Park Street;
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THENCE South 71 degrees 38 minutes West along the last-mentioned limit
to and along the Northerly limit of said Village Lot 9 a distance
of 140 feet to ~he POINT OF gOI~~Cro~ffiNT.
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SCHEDULE C
ALL AND Sn~GULAR those certain parcels or tracts of land and premises I
situate, lyine and being in the Town of Newcastle, Regional MunicipaliJ,
of Durham, Province of Ontario, and being composed of:
FIRSTLY: part of -Village Lot Fourteen (14), part or Princess Street an
part of unsubdivided Lot ~lenty-eight (28) in the Fifth Concession
according to C. G. Hanning's Plan of the former Village of Orono,
formerly in t~e Coun~y of Durham, more particularly described ~~ follo\
PREMISING that the Westerly limit of said Lot 28, Concession 5, has an
astronomic bearing of North 18 degrees 05 minutes West and relating al
bearing~ herein thereto;
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CO~~lliNCn~G at a point in the Westerly limit of said Village Lot 14
distant 264 feet ~casured South 18 degrees 14 minutes 20 sec0nds East
in the Westerly limit of said Village Lot 14 and Village Lot Nine (9),
Block M from. the North-Westerly angle of Village Lot 9;
THENCE North 71. degrees 38 minutes East a distance of 140 feet,;
THENCE South 25 degrees 57 minutes 30 seconds East a distance of 160.5
feet;
THENCE South 21 degrees 57 minutes 30 seconds East a distance of 110
feet' to the beginning of a curve to the left, said curve having a
radius of 210.00 feet and a chord equivalent of 243~08 feet. measured
South 57 degre~s <19 minutes 20 seconds East;
THENCE South~Ea~terly along the said .curve an arc distance of 259.23
feet to a point; -
THENCE Sou~h 18 degrees 14 minutes 30 seconds East a distance of 71.57
feet;
THENCE North 71 degrees 45 minutes 30 seconds East a distance of 170.0
feet mora or less to a point in the Westerly limit-of the lands
designated as Part 1.according to Plan 10 R 318, said point distant
130.00 feet measured Northerly in said Westerly limit from the South-
Westerly angle thereof;
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THENCE South 19 degrees 17 minutes 30 seconds East along said Westerly
limit a distance of 130.00 feet to the South-Westerly angle of the
lands designated as Part 1 according to said Plan 10 R 318;
THENCE South 71 degrees 45.minutes 30 seconds West a distance of 417.4
feet;
TH~~CE North 18 degrees 06 minutes West a distance of 132.13 feet to a
point in the Northerly limit of Princess Street;
THEN CE South 71 degrees 55 minutes \" est along said limit a diste.nce 0:
2.53 feet;
THEN CE North 16 degrees 51 minut~s 1'lest a distance of 147.00 feet;
THENCE.' South 71 degrees 55 minutes v-Jest a distance of 16.00 feet;
TBtillCE North 16 degrees 51 minutes West a distance of 183.92 feet to
the North-Westerly angle of the lands designated as Part 2 according
to Plan 10 R 280;.. ,
THENCE North 18 degrees 18 minutes West a distance 'of 78.87.fleet
to a point distant 115.71 feet'measured South 18 degrees 18 minutes Eaq
from the Sout?-East~rly angle of said Village Lot 14;
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THENCE South 71 degrees 35 minutes West a distance'of 66.57 feet more
or less to a point in the Sout~erly production of the Westerly limit
of' said Village ,Lot 14;:,. .'. ~..:..;~~;"S~~' ", __\'. ,:7~ ' . '~:,',~.:._- ,
THENCE North 18 degrees 14 'm~uies'20 se~onds .i'lest to and along the
Westerly limit of said Village Lot 14 a distance of 117.08 feet more
or less to the POn~T OF COI~:!!I{ENC~,'IENT.
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SCHEDULE C (Cont'd)
SECOHDLY: part' of unsubdivided Lot Tv;enty-eight (28) in the Fifth
Concession. Easterly adjacent to Village Lots Eleven (11) anc;l T\'/elve (1
Block N ly~ng between Park and Centre Streets all according to C. G.
Hanning's Plan of the former Village of Orono, formerly in the County
of Durham, more particularly described as follows';
PREMISING that the Westerly limit of said Lot 28, Concession 5, has an
astronomic bearing of North 18 degrees 05 minutes West and relating al
bearings herein thereto;
Cor~ffiNCING at the South-Easterly angle of said Village Lot 11, Block N
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THENCE North 71 degrees 38 minutes East along the Northerly limit of
Park Street a distance of.36.00 feet;
THENCE North 13 degrees 47 minutes West a distance of 105.00 feet to
the beginning of a curve to 'the right, said curve having a radius of '
275.00 feet and a chord equivalent of 200.91 feet measured North 09
degrees 15 minutes 35 seconds East;
THENCE North-Easterly along the said curve an arc .distance of 205.67
feet;
THENCE North 15 degrees 36 minutes West a distance of 50.70 feet more
or less to a point in the Southerly limit of Centre ~treet; ,.
THENCE South 71 degrees 35 minutes W.est along ,'the last-=-mentioned limit
a distance of 143.00 feet:to the North-E?st.erly ,angle .ofsaid Village
Lot 12, Block N; ,.. ...,~' ~ - .. . .
THENCE South IS degrees 53 minutes East in the 'line of a 'fence marking
the existing Easterly limits of said Village Lots 12 and 11, Block N,
a distance of 333.18 feet more or less to the POINT OF CO~~lliNC~mNT.
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86425
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tt:nd Registry Division of Newc~~t1e (No. 10)
I CERTIFY that this instrument IS registered as of
~ ,'I.{er-M. I
NOV 18 1977
in the
. f f
land y
- Registry Office tfl
Town of Newcastle
Ontario. .,tSTRAI
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PAID
LAND REGISTRY OFFICE NO. 10
$ -. ~II
18',ao
-,
DATED: SEPTEMBER 1st, A.D. 19~
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A G R E E MEN T -
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SIMS MORTON McINERNEY & BRADY,'
Barristers ,and Solicitors,
117 King Street, '
Whitby, Ontario.
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August27,2002
Durham Central Agricultural Society
c/o Gord Robinson
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
Dear Councillor Robinson:
We are writing this letter further to our meetin~ of August 9, 2002. In accordance
with Section 3, of the agreement dated this 15 day of September 1977 between the
Town of Newcastle (now the Municipality of Clarington) and the Durham Central
Agricultural Society, the Municipality of Clarington hereby exercises its option to
renew the lease for the lands for the Orono arena, community centre and
grandstand. This renewal is for a further term of 10 years, to terminate the 315t day
. of August 2012, on the same terms and conditions as contained in the original lease.
In accordance with Section 2. of the lease agreement, a cheque in the amount of
$10.00 being the annual rental of $1.00 per annum, paid in advance for the whole of
the term, is enclosed herewith.
I trust the Society will find this renewal of the lease to be accep
J9~~
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379