HomeMy WebLinkAbout77-97
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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
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Read a third time and finally passed this 19th day of December, 1977
ft'~l~
J. M. McIlro
Clerk.
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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.
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Schedule "A" to
By-Law No. 77-97
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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.
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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
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per:
Mayor
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Clerk
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SCHEDULE "A"
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to BY-LAW NO. 77-97
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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.
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Schedule tlA" to
b-~-iri;. 77-97
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4.
The Licensee agrees t~ ~i8 licence shall not be assigned
either in whole or in part by the Licensee.
5.
p..f-~t. .
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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
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