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HomeMy WebLinkAbout2000-164 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000-164 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Newcastle and District Historical Society. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor of Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement between the Newcastle and District Historical Society and the Corporation of the Municipality of Clarington. 2. THAT the agreement attached hereto as Schedule "A" form part of this By-law. BY-LAW read a first and second time this 25th day of September 2000. BY-LAW read a third time and finally passed this 251h day of September 2000. MAYOR LE THIS AGREEMENT made as of the 25th day of September, 2000 BETWEEN: NEWCASTLE VILLAGE&DISTRICT HISTORICAL SOCIETY (the"Society") OF THE FIRST PART w and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the"Municipality') OF THE SECOND PART MrBMREAS: ' A. The Society is an unincorporated association of residents of the former Village of Newcastle and adjacent district(now the Municipality of Clarington); B. Mrs.Gertrude Bean of Ottawa has donated to the Mayor's Office a Collector's Roll that has been,in her family's possession for many years; C. At the meeting on September 25, 2006, the Mayor delivered the Collector's Roll to the possession of the Society on behalf of the Municipality. It will be displayed by the Society to members of the public. The Society-has agiced to iet=the Collector's Roll to the Municipality forthwith after the Society is required to do so by written notice given by the Municipality to any officer of the Society if and when the Society ceases to exist. -2- D. The Society represents that Ronald Locke, President and Francis Jose, Treasurer are authorized to execute this Agreement on behalf of the members of the Society;and E. The execution of this Agreement by the Municipality is authorized by By-law No. 2000-164. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged),the Parties hereto covenant and agree to and with each other as follows: 1. The Recitals hereto are true and are deemed to be incorporated in the operative portion of this Agreement and to have the same effect as covenants given by the relevant Party to the other Party. 2. The Society hereby accepts possession of the Collector's Roil on the terms set out in Recital E of this Agreement. The Society covenants to comply with the terms of Recital E and paragraph 3 hereof. 3. At all times, until the Collector's Roll is returned by the Society to the Municipality,the Society shall preserve it by taking all reasonable steps and precautions to ensure that it is preserved in the condition that it was in on the date of this Agreement. 4. The Agreement shall enure to the benefit of and be binding upon the Municipality, the Society,the members oi,'tke Society and their respective representatives,successors and assigns. 5. Time shall be of the essence of this Agreement. -3- 6. Written notices to the former may be given by personal service or by registered first class mail addressed to: Newcastle Village &District Historical Society c/o Mr. Ronald Locke President 3190 Highway No. 2 Newcastle, Ontario LIB 1L9 or to such other address s the Society shall give written notice delivered to the Clerk of the Municipality of Clarington at: The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario UC 3A6 Attention: Clerk -4- IN WITNESS WHEREOF the persons authorized by the Society to execute this Agreement on behalf of the Society have hereunto set their hands and seals the day and year first above written and the Municipality has hereunto affixed its corporate seal by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) NEWCASTLE VILLAGE & DELIVERED ) DISTRICT HIST AL SOCIETY Per: In the presence of ) Ronald Locke, President Francis Jose, .Tread rer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor erk R:\HEFFERON\CLARING\GENERAL\NE W C ASTL.AGR 1