HomeMy WebLinkAbout1730BEING A BY -LAW TO AUTHORIZE- THE LEASING OF
r ANLS IN THE BOwMANVITS CEMETERY TO GEORGE
SHAW ' CONSTRUCT ION LIMITED FOR THE PURPOSE
ING A MAUSOLEUM
OF CONSTRUCT
WHEREAS the Council of the Corporation of the Town of
Bowma
nville did by by -law Number 1697 passed on the 10th day of
of certain lands des
November 1958, authorizing the conveyance -
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crib
-ed in schedule "A" hereto to Victor R. Tookey for the purpose
of establishing a mausoleum.
AND WHEREAS the said Victor R, Tooke y has been unable to
satisfy his debts in connection with the construction of
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the maus
oleum and several mechanics liens against his interest in the
ty have been registered and a menhanic' s lien action institute
proper
in the Supr
erne Court of Ontario by George Shaw Construction Limited,
the largest lien claimant .
4> Victor R.'Tookey has assigned to George Shaw
AND WHEREAS
Construction Limited all his right, title and interest in the said /
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lands and the mausoleum and the 4500*00, paid by him to the Corporation
of the .Town of Bowmanville.
.'y certain negotiations relating to the completion
AND
T i4i ,
of,, the
mausoleum and satisfactidn of the various liens have been
carried on between the Corporation of the Town of Bowmanville and
George Shaw Construction Limited and the Corporation of the Town of
Bowmanville has agreed to lease the said lands to George Shaw Cons
r
tructlon
Limited on the terms and conditions hereinafter contained.'
v NOW THEREFORE pursuant to the Cemeteries Act R.S.O. 1950,
chap s on
ter 46 Section 41 (1) ( the Council of the Corporation of the
,
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Tows of Bowman
ville enacts as follows:
10 By -Law Number 1697 is hereby repealed.
2 The Corporation of the Town of Bowmanville shall for the
4 lease the lands and right -of -way situate in the Bowsu of $500.00
].le Cemete more particularly described i
manvi n Schedule "A" hereto,
ry,
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for a term of 2 years from the date of the passing of this by -law for
double
of constructing a mausoleum containing 4�?/crypts and selling
; the purpose g
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such c is SUBJT TO the following terms and conditions
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19� rYP � EC
a George Shaw Construction Limited, hereinafter aalled the
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"Company "' • shall , make application to, the, Department of Health
pursuant to the provisions of The Cemeteries Act and regulations
passed thereunder for approval of the construction of the said
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mausoleum and the sale of crypts.
_
(b) The Company will complete the construction of the mausoleum
to the satisfaction of the Department of Health and will forthwith
,
pay and satisfy all outstanding accounts in connection with the
construction of the mausoleum including the ,paying of all lien
claimants, the filing of a consent to the ,dismissal of the
Mechanic's Lien Action and the registering of discharges of
all mechanics liens and certif icate s , of action registered against
the said lands. _
(c) The Company shall form a partnership business Down as. ;
i
"The Bowmanville Mausoleum Company" for the purpose of arranging,
�. and completing the sale of the crypts and shall honour and take
.,into account all monies paid by residents of Bownlanville and
district to Victor .R. Tookey on account of the purchase. price of
4
crypts .
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(d� The 'Company 'is -to pay 'to the, Town of Bowmanville 35% of
all money received as purchase price of the crypts in accordance
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with the provisions of The (aneterie s Act and the regulations passed
thereunder for perpetual care and such funds shall be kept. in
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a special account,, and invested in accordance with the Cemeteries,
Act and Regulations.
The urchase rice of each double crypt shall be $350.00 with
(e) p p
an additional,$35O.00 payable for the memorial plaque, but the pur-
�, chase price shall not include the sealing of crypts or the
inscription on a memorial plaqae
(f) The lease shall expire 2 years from the passing of this'
by -law or upon the last crypt being sold whichever shall first occur.
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(g) Upon the termination of the lease the Company shall deliver
to the Town of Bowmanville a list. of the crypt owners and the
amounts paid on account of the crypts and memorial plaques.
(h) The Town of Bowmanville shall have access to the records f
the Company or the business known as Bowmanville Mausoleum Company
business
during customary/hours for the purpose of determining that the
above tome and conditions are being oarriecl out.
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3. 'The Mayor and the Clerk are hereby authorized to execute
the said lease to George Shaw Construction Limited subject to the above
terms and conditions and subject to this by -law being Y . approved b the.,
,
Department of Health.
4. This by -law shall come into force and take effect from
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