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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 - s 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 zs pay and sat y 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 / x¢ 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( the Council of the Corporation of the , J, Tows of Bowman ville enacts as follows: 10 By -Law Number 1697 is hereby repealed. 2 The Corporation of the Town of Bowmanville shall for the 4 lease the lands and right -of -way situate in the Bowsu of $500.00 ].le Cemete more particularly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, J 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 V9 , such c is SUBJT TO the following terms and conditions z . 19� rYP � EC a George Shaw Construction Limited, hereinafter aalled the 1 y I Tam 6 mom vO�tA�i b 3 u� tr r� "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 r 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 . Vii, •.• (d� The 'Company 'is -to pay 'to the, Town of Bowmanville 35% of all money received as purchase price of the crypts in accordance s with the provisions of The (aneterie s Act and the regulations passed thereunder for perpetual care and such funds shall be kept. in 4 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. • r (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. x. 000 fee**** . 2 mom vO�tA�i b 3 u� tr ' "_' �..�' Vye,i SX `; & «�M- k f? "l i ?�`a.'3, .,.. T' f Y. -' + °? ..t 'i. £ ;i• �.n.e �..�. .� ipf. ,r, ,,,� :':::,: ,h.,..- �' �',; `S'4 .x ,.S #f- ii,�. '� +.. r:_..�.�2'.f ,.._ 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 ,. '% � �" d `4 Pqi .k r I I I - I Pl n. ss