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HomeMy WebLinkAbout77-97 .. # . ".. .. .-, e. . THE rORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 77-97 being a by-law to authorize the Town to enter into an agreement with Jones Elmhurst Hotel Limited The Council of the Corporation of the Town of Newcastle enacts as follows: 1. The Mayor and Clerk be authorized to execute under the Corporate Seal of The Corporation of the Town of Newcastle an Agreement in the form annexed hereto as Schedule IIAII. Read a first and second time this 19th day of December, 1977 x t7<"-1-1!#.II-Li .1P-4..7 Read a third time and finally passed this 19th day of December, 1977 ft'~l~ J. M. McIlro Clerk. \~: . . .' e e .. SCHEDULE "A" to BY-LAW NO. 77-97 THIS LICENCE made the 18th day of November, 1977 BETWEEN: JONES ELMHURST HOTEL LIMITED, a Company Incorporated under the laws of Ontario (hereinafter called the Licensor) and THE CORPORATION OF THE TOHN OF NEWCAS TLE (hereinafter called the Licensee) WHEREAS the Licensor owns and occupies lands and premises situate upon Part of Lot 27, Concession 2, Village of Newcastle, now Town of Newcastle; AND WHEREAS the Licensee has requested the Licensor to grant a licence to the Licensee to enable it, its employees, agents and the general sporting public to pass over the subject lands for the purpose of gaining entry and exit to and from the Licensee's lands for all sporting and recreational events, the Licensee's lands being commonly known as "Newcastle Memorial Park"; NOW THEREFORE in consideration of the covenants by each party to the other hereby contained, and the sum of ONE (1.00) rOLLAR now paid by the Licensee to the Licensor, the receipt of which is hereby acknow- ledged, the parties agree as follows: 1. The Licensor hereby licenses the Licensee, its employees, agents and the general sporting public, at all reasonable hours, to enter upon and pass over the Licensor's lands, known as part of Lot 27, Concession 2, Village of Newcastle, now in the Town of Newcastle, in order to gain entry and exit to and from the Licensee's lands for all sporting and recreational events, the Licensee's lands adjoining the Licensor's lands to the west and being known as Newcastle Memorial Park. 2. The term of this license shall be for a period of eight (8) months commencing on the 15th day of April, 1978, and ending on the 15th day of November, '1978. 3. The Licensee hereby assumes complete responsibility and shall carry adequate insurance coverage for all injuries or damage to persons or property occasioned by the use of the Licensor's lands described above, and in this connection agrees to indemnify and save the Licensor harmless against any claim or persons or corporations arising out of injuries or damage, and against any loss sustained or expenses incurred by the Licensor on account of any such claim. . . .. Schedule "A" to By-Law No. 77-97 .- 2 - 4. The Licensee agrees that this licence shall not be assigned either in whole or in part by the Licensee. 5. It is intended by the parties hereto that this license can be ~euFl-ed, on its present termst in each succeeding year, but only upon each party receiving the written approval from the other prior to the commencement of the new term, which, for these purposes, shall be the 15th day of April in any year. ~ IN WITNESS WHEREOF the Corporate Seal of the parties hereto have been affixed and duly attested to by the hands of their proper officers duly authorized in that behalf. JONES ELMHURST HOTEL LIMITED per: THE CORPORATION OF THE TOWN OF NEWCASTLE ~ per: Mayor ~~ ------ Clerk . /, ,I,' . e . SCHEDULE "A" .,. ,.- ~ ~.~ to BY-LAW NO. 77-97 ..------.-- 11115 LICENCE made the 18th day of Novembe..-, 1977 BEThlEEN: JONES ELMHURST HOTEL LIMITED., r1 C(1!,lpAny Tncorpor'l ted under the laws of Ontario (hereinafter called the Licensor) and 11IE CORPORATION OF THE TO\lN OF NF\vClISTLE (hereinafter called the Licensee) WHEREAS the Licensor owns and occupies lands and premises situate upon Part of Lot 27, Concession 2, Village of Newcastle, now To',vn of Newe88tle; AND WHEREAS the Licensee has requested the Licensor to grant a licence to the Licensee to enable it, its employees, agents and the general sporting public to pass over the subject lands for the purpose of gaining entry and exit to and from the Lic~nsee's lands for all sporting and recreational events, the LiccnEee's lands being commonly known as "Newcastle Memorial Park"; NOW T~mREFORE in considelali.Jn of the covenants by c3ch party to the other hereby contained, .::lnd the sum of ONE (1.00) [OLLAR now paid by the.Licensee to the Licensor, the receipt of which is hereby acknow- ledged, the parties agree as follows: 1. The Licensor hereby licenses the Licensee, its employees, agents and the general sporting public, at all rc~sonable hours, to t;nter upon and pass over the Licensor's lands, known as part of Lot 27, Concession 2, Village of Newcastle, now in the Town of Newcastle, in order to gain entry and exit to and from the Licen~ee's lands for all sporting and recreational events, the Licensee's lands adjoining the Licensor's lands to the west and being known as NetoJcas tIe Hemarial Park. 2. The term of this license shall b~ for a period of eight (8) months commencing on the 15th day of April, 1978, and ending on the 15th day of November, 1978. 3. The Licensee hereby ,-:sSUf.1es complete responsibility and shall carry adequate insurance coverage for all injuries or damage to persons or property occasioned by the use of the Licensor's lands described above, and in this connection agrees to indemnify and Save the Licensor harmless against any claim or persons or corporations nriRing out of injurieD or damage, and against any loss sustained 0r expenses incurred by the Licensor on account of any such clalm. 4t, .' tl1l4f.' ,"!I" lIlIiit -. ...-.. '.""'~;.ol.-, <~,- fI.ft - )~nUlHlu_.dl:~'.cr -. :-~ ~ :: .. ~ -~:f ::_ ~.-. ... ill" A( -. ", . / I' , - Schedule tlA" to b-~-iri;. 77-97 2 4. The Licensee agrees t~ ~i8 licence shall not be assigned either in whole or in part by the Licensee. 5. p..f-~t. . /Jt I ' It i. intended by the parties hereto that this license can be ._~...~".a, on its present terms, in each succeeding year, but only upon each party receiving the written approval from the other prior to the commencement of the new term, which, for these purposes, shall be the 15th day of April in any year. IN WITNESS WHEREOF the Corporate Seal of the parties hereto have been affixed and duly attested to by the hands of their proper offieers duly authorized 1n that behalf. JONES E~~LIMI'fED <<" ?~1.:... ...... per: e e h'.'. ,"L~..w,".. _ - - -- - .- ..... ..- ...-