HomeMy WebLinkAboutWD-24-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: MARCH 2, 1992 Res. #
Report#: File#: _&S,2-0,25 By-Law#
Subject: AGREEMENT WITH THE BOWMANvILLE
SANTA CLAUS PARADE COMMITTEE
Recommendations-
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-24-92 be received;
2 . THAT Council give direction regarding Clause 6, Surrender of
Premises, of the proposed Licence Agreement (Attachment No.
2 to Report WD-24-92) ;
3 . THAT, subject to receiving direction from Council with regard
to Surrender of Premises, the Town Solicitor takes the
necessary steps to complete the transaction;
4 . THAT the By-law attached to Report WD-24-92 be approved,
authorizing the Mayor and Clerk to execute the Agreement; and
5 . THAT Mr. Don Welsh be advised of Council's decision.
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REPORT
1.0 ATTACHMENTS
No. 1: Copy of Report TR-62-91 dated July 22, 1991
No. 2 : Copy of proposed Licence Agreement
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REPORT NO. : WD-24-92 PAGE 2
2.0 BACKGROUND
2 . 1 The recommendations contained in Report TR-62-91 (Attachment
No. 1) were approved by Council on July 29, 1991 .
3.0 REVIEW AND COMMENT
3 . 1 The Town's Solicitor has prepared a Licence Agreement for
consideration by Mr. Don Welsh and the Director of Public
Works . Mr. Welsh is satisfied with the terms in the Licence
Agreement with the exception of Clause 6 - Surrender of
Premises . The agreement provides that, upon six ( 6) months '
written notice, the Santa Claus Parade Committee will yield
up to the Town the Santa Claus Parade building. Mr. Welsh has
requested that this clause be amended to state that the Santa
Claus Parade Committee would be required to remove the
building only if the property is sold by the Town or if the
Public Works Depot is expanded.
4.0 RECOMMENDATION
4 . 1 It is recommended that the Licence Agreement be approved,
subject to receiving Council's direction with regard to Clause
6 - Surrender of Premises .
4 . 2 Mr. Welsh has received a copy of this report.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng. , Lawrence otseff,
Director of Public Works Chief Adm n trative Officer
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WAE:ph
February 21, 1992
Attachments
pc: Mr. Don Welsh, R.R. #4,
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Bowmanville, Ontario, L1C 3K5
r,
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# �) 105'5.C h
Date: July 22, 1991 Res. #
Report#: TR-62-91 File#: By-Law#
Subject: 1991 GRANT — BOWMANVILLE SANTA CLAUS PARADE
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Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. Report TR-62-91 be received;
2. That the Santa Claus Parade Committee be awarded an additional grant
of $1,000 to be drawn from account number 7007-X-298 Unclassified
Admin. - Contingency.
3. That authority be given to negotiate an agreement with the Santa
Claus Parade Committee in a form satisfactory to the Town Solicitor
and the Director of Public Works.
4. That a report and applicable by-law be provided to Council to
authorize the Mayor and Clerk to sign the necessary agreement upon
completion of negotiations between the Town and the Santa Claus
Parade Committee.
5. That Mr. Don Welsh, Chairman, Santa Claus Parade Committee be
advised of Councils decision and be provided with a copy of Report
TR-62-91.
BACKGROUND & COMMENTS
1.1 At the Council meeting of June 24, 1991, Mr. Don Welsh appeared as a
delegation. Wherein he advised that the Santa Claus Parade Committee
request of $2,000 for 1991 (per attached TR-49-91) was partly due to
insurance cost relating to the parade and a building located on Town
property at the Bowmanville Public Works Depot.
Subsequently Council passed Resolution #C-410-91:
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"THAT the delegation of Don Welsh be acknowledged;
THAT the grant of $1,000 originally approved through Resolution #GPA-
165-91 be forwarded to the Santa Clause Parade Committee;
THAT the request for a further $1,000 grant be referred to the
Treasurer for review and a report addressing ownership of the Santa
Claus Parade Committee building and related insurance matters
�./r /�i _ r, r, ATTACHMENT N0. 1
/rOri'�Y pPAPER RECYCLE 2 U WD-24-92
TR-62-91 Paste 2
1.1 FORTHWITH; and
THAT Don Welsh be advised of Council's decision. "
1.2 The legal ownership of the Santa Claus Parade Committee building
located at the Bowmanville Public Works Yard (33 Lake Road) was
referred to the Town Solicitor for investigation of title. The Town
solicitor indicates that there is no document deposited on the Title
comprising an agreement, license, or lease to any private individual
or committee of individuals for any purpose including the use of it in
connection with the operation of the Santa Claus Parade.
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1.3 In 1978 Council agreed through resolution #W316-78,to establish a
storage building on the site of the Bowmanville Public Works Yard (see
attachment #1) and approved the necessary agreement between the Santa
Claus Parade Committee and the Municipality to be drawn up (see
attachment #2) . -
1.4 No record of this agreement was located after a search of the Town's
records (Clerks and Public Works departments) . Moreover, the Santa
Claus Parade Committee also has no record of agreement with the
Municipality pertaining to the ownership and usage of the building
located at the Bowmanville Public Works yard.
1.5 The Town Solicitor advises that the agreement that was discussed by
previous Council but not implemented, be drawn up between the Town of
Newcastle and the Santa Claus Parade Committee. This agreement would
include a termination clause in the event the location was needed by
the Town in the future.
2. INSURANCE
2. 1 Mr. Don Welsh stated that in previous years the cost of- insurance for
the Parade (liability) and the building and contents was paid by the
Chamber of Commerce. However, due to the withdrawal of funding by the
Chamber of Commerce, this cost estimated at approximately $800 must
now be borne by the Santa Clause Parade Committee.
2.2 The Town's insurance carrier, Frank Cowan Company Limited, were
requested to comment on the related insurance matter. The Town's
current policy provides $10 million with a $5,000 deductible for
municipal liability insurance and replacement costs with a $10,000
deductible on property insurance. In addition repres,entatives from
Frank Cowan do not recommend insuring additional groups independent of
the Town.
2.3 The Santa Claus Parade Committee is not a Committee or established
Board of the Town Council but a separate Committee with independent
financial records .
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2.4 Staff propose that the Santa Claus Parade Committee continue to obtain
independent coverage so as not to set a precedent for other
independent groups, boards and committees seeking Town umbrella
coverage. The additional grant recommended should adequately
compensate the Committee for this additional cost.
7 021
TR-62-91 Page 3
Respectfully submitted, Recommended for presentation
to the Committee
Marie A. Marano H.BSc. ,A.M.C.T. Lawrence E. Kotseff,
Treasurer Chief Adini istrative
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REPORT #TR-62-91 ATTACHMENT #1
Public Works Committee - 4 - Sep tember 14, 1978
Mr. Ferguson, Deputy to the Director of Public
Works, joined the Meeting.
Resolution # W-314-78
Entranceway Moved by Councillor Dykstra, seconded by Councillor
Policy & Gray:
By-Law:
THAT this item be -referred to .the next Meeting of
this Committee and that a copy of the document be
forwarded to the Clerk's Department and the
Planning Department in the interim, with the
request that comments on the Entranceway Policy
and By-Law are submitted to the next Meeting of
this Committee on Thursday, October 12, 1978.
"CARRIED" -
Resolution # W-315-78
Adjournment: Moved by Councillor Dykstra, seconded by Councillor
12:00 noon Woodyard:
THAT this Committee adjourn until 1:45 p.m.
"CARRIED"
The Committee reconvened at the appointed time
Present: Chairman R.B. Taylor, Mayor G.B. Rickard,
Councillor R. Dykstra, Councillor E. Woodyard,
Mr. J. Dunham.
Absent: Councillor A. Gray.
Delegation:
Mr. George Stephen and Mr. John Pogue of the
Bowmanville Santa Claus, Parade Committee were
present to discuss the possibility of building
a storage facility on the site of the Works
Yard in Bowmanville.
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*** COUNCIL *** Resolution # W-316-78
Santa Claus Moved by Mayor Rickard, seconded by Councillor
Parade Dykstra:
Committee -
Building: THAT we recommend to Council that application be
made to the Central Lake Ontario Conservation
Authority to establish a storage building on the
site of the Bowmanville Works Yard, in a suitable
location, to the satisfaction of the Director of
Public Works. -1
Ur� iJ .) "CARRIED"
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REPORT #TR-62-91 ATTACHMENT #2
Public Works Committee - 5 - September 14, 1978
COUNCIL *** Resolution # W-317-78.
Santa Claus Moved by Councillor Dykstra, seconded by Mayor
Parade Rickard:
Committee:
THAT, upon approval of the application by the
Central Lake Ontario Conservation Authority, the
necessary Agreement between the Santa Claus Parade
Committee and the Municipality be drawn up.
"CARRIED"
{
Chairman Taylor thanked Mr. Stephen and, Mr.
Pogue for their presentation to the Committee.
Delegation: Mrs. E. Corby appeared before the Committee to
request improvements to the access road into
their property, being Lot 34, Concession 6,
former Clarke.
Resolution # W-318-78.
Moved by Mayor Rickard, seconded by Councillor
Woodyard:
THAT Mrs. Corby be heard.
"CARRIED"
Mrs. Corby told the Committee that, during the
spring of the year, the road was almost if not
completely broken up and impassable and asked
that steps be taken to correct the situation
before the coming winter.
Resolution # W-319-78.
Lot 34, Moved by Mayor' Rickard, seconded by Councillor
Concession 6, Dykstra:
Clarke:
THAT this matter be referred to the Director of
Public Works in regard to improvements to the
road in question, and that he report on the
progress of same to the next Meeting of this j
Committee.
"CARRIED"
Mr. L. Simpson, By-Law Enforcement Officer, was
present for discussion on the proposed Snow
Removal By-Law.
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UNFINISHED BUSINESS
THE CORPORATION OF THE TOWN OF NEWCASTLE
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REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# SANTA
Date: June 17, 1991 Res.#
Fil
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TR 49 91 By-Law#
Report#: File#:
Subject: 1991 GRANT AWARDED - BOWMANVILLE SANTA CLAUS PARADE
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Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following: _
1. Report TR-49-91 be received for information.
BACKGROUND & COMMENTS
1. At the General- Purpose and Administration Committee meeting of June 6th,
1991, Committee directed the Treasurer to review and report on the
Budget information regarding the awarding of the Santa Claus Parade
grant for 1991. This was in response to the delegation of Mr. Don Welsh
from the Santa Claus Parade Committee.
2. The Santa Claus Parade submitted a request in the amount of $2,000 to
the N.C.S.A.B. for 1991 budget consideration. N.C.S.A.B. recommended
that the grant be approved as requested.,
During 1991 budget deliberations, through resolution #GPA-165-91, the
grant was awarded as $1,000. (A copy of the resolution is attached as
.attachment #1)
The comments made to the N.C.S.A.B. are -documented in the attachments to
budget report CS-12-91. A copy of the appropriate page from this report
is attached (attachment #2) for reference.
3. The grant made to the Bowmanville Santa Claus Parade in the previous
budget year - 1990 was $500.
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4. If Council wishes to consider awarding the 1991 grant as requested,
there are sufficient funds available in the contingency account #7007-
X-298.
Respectfully submitted, Recommended for presentation
to the Committee
Mai-1-6 A. Marano H.BSc. ,A.M.C.T. Lawrenc . Kotseff,
Treasurer Chief nistrative Officer
Attachments
RECYCLED� Y1L
PAPER fl CC
E
ATTACHMENT # 1
G.P.& A. Minutes - 3 - March 8, 1991
Resolution #GPA-163-91
Moved by Councillor Wotten, seconded by Councillor Hannah
THAT Report CS-12-91 be received;
THAT the Grant Recommendations as presented in Schedule I of Report
CS-12-91 be approved; and
THAT the Newcastle Community Services Advisory Board and the applicants
be informed of action taken by Council.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #GPA-164-91
Moved by Councillor Hamre, seconded by Councillor Stapleton
THAT the recommended N.C.S.A.B. 1991 grant in the amount of$500. for
Community Services Order be deleted from Schedule I of Report CS-12-91.
. "CARRIED"
Resolution #GPA-165-91
Moved by Councillor Hooper, seconded by Councillor Stapleton
THAT the recommended N.C.S.A.B. 1991 grant for the Santa Claus Parade
be decreased from $2,000. to $1,000.
"CARRIED,
Resolution #GPA-166-91
Moved by Mayor Hubbard, seconded by Councillor Hamre
THAT the recommended N.C.S.A.B. 1991 grant for the Lions Community
Centre be increased from $0 to $12,000.
"CARRIED"
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PAGE f-.
APPLICANT INTENT OF GRANT 1990 GRANT 1991 REQUEST COMMENTS
Bowmanville Minor Hockey Assoc. - to support minor hockey prog. 2,500 5,000 - trying to keep registration costs
(Toros) - offset operational costs such reasonable for community
Paul Robinson as ice fees, equip. repairs - 1989 deficit 3,774 (operational)
623-3884/(8)571-1211 and purchases - 24,550 bank balance (Mar.12/90)
Newcastle Aquatic Club - to offset pool and facility 1,250 4,455 - must fundraise 15,900 in order
Louise Aasen costs - - ----to reduce deficit (budget-does
623-4768/(B)623-8161 not include grant request)
- currently participating in
fundraising activities
Santa Claus Parade - operating expenses for 1991 500 2,000 - project a 2,000 deficit from
Don Welsh Santa Claus Parade (Bow.) 1990 parade
263-2325 - without grant, project deficit
7� in 1991
- do try to get donations from
local businesses and
organizations but amounts are
declining
Newcastle Parent/Child Resource - offset development of new 375 7,000 - new program to provide support
Centre program initiative, purchase (as Mom's to Mothers, Fathers 6 children
Corrine Allin of equipment, fac. rental group) - intend to be Town-wide project
987-5145 - also seeking funding from other
- organizations b through fund-
- raising activities
F__ }
;Heritage Week '91 - operation of community wide 25,000 UiMm 1989 grant supported 1989 6
Cher Letooze Heritage Celebration (1989) '1',(.25. 1990 program
623-9142 - approx. 4,000 surplus exists
from above grant
Bruce & Fleurette sit with this
committee
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-
Being a By-law to authorize the execution of
an Agreement between The Corporation of the
Town of Newcastle and Don Welsh, in trust for
the Community of Bowmanville Santa Claus
Parade Committee.
THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. That the Mayor and Clerk are hereby authorized to execute on
behalf of The Corporation of the Town of Newcastle, and seal
with the Corporation Seal, an Agreement between Don Welsh, in
trust for the Community of Bowmanville Santa Claus Parade
Committee, and said Corporation, attached to hereto as
Schedule "A" and forming part .of this by-law.
By-law read a first and second time this 9th day of March, 1992 .
By-law read a third time and finally passed this 9th day March,
1992.
MAYOR
CLERK
LICENCE
This Licence made as of the
BETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTLE
(hereinafter called the"Licensor")
and-
DON WELSH,In trust for the Community
of Bowmanville Santa Claus Parade Committee
(hereinafter called the"Licensee")
WITNESSETH THAT the Licensor licences to the Licensee and the Licensee licences and takes from the
Licensor,subject to the terms and conditions set forth herein,the lands(hereinafter called the."Premises")upon
which the building identified in Schedule "A" hereto as the "Bowmanville Santa Claus Parade Building"
(hereinafter called the "Building") is situate, to be used and occupied by the Licensee for the purpose only of
storage of equipment relating to the Bowmanville Santa Claus Parade for a term commencing on the 1st day
of January, 1992,and subject to termination as hereinafter provided.
This Licence is made upon the following terms and conditions,which the Licensor and the Licensee covenant
and agree to keep and perform:
1. Licence Fee
The Licensee shall pay licence fee of Two($2.00)Dollars in advance on the first day of the term of this licence.
2. Access
During the term of this licence, the Licensee shall have reasonable access to the Building across the lands
identified on Schedule "A" as the "Bowmanville Public Works Yard" (hereinafter called the "Yard"). The
Licensee acknowledges that the Yard is fenced and locked when not in use by the Public Works Department of
the Licensor and that access may be so restricted.
3. Licensor's Title and Allowable Use
The Licensor covenants as a condition of this licence that it has good marketable fee title to the Premises and
the right to make this licence for the term aforesaid; that the provisions of this licence do not conflict with or
violate the provisions of e)dsting agreements between the Licensor and third parties; that the Premises and the
uses thereof for the purposes specified in this licence are in conformity with all applicable legal requirements
including,without limitation,zoning and planning ordinances,and will not violate applicable restrictions,if any.
The parties acknowledge and agree that the Building is the property of the Licensee.
4. Maintenance and Repairs
The Licensor shall have no responsibility or obligation of any nature whatsoever with respect to the repair or
maintenance of the Premises or the Building. The Licensee shall maintain the Premises and the Building during
the term of this licence to the same standards as are maintained in public works yards in the Town of Newcastle.
5. Services
The Licensor shall not be required to furnish any services or utilities to the Premises or Building during the term
of this licence. The Licensee assumes full and sole responsibility for the supply of and payment for such services
and utilities, if any are required by the Licensee.
6. Surrender of Premises
Upon six months' written notice, the Licensee will peaceably yield up to the 1
Licensee shall ensure that the Building is removed and that the Premises are in tb
to be maintained pursuant to Article 4. The Licensor shall endeavour to pi
practicable. ( �Y
7. Insocetion
The Licensor shall have the right at all reasonable times during business hours t
Building.
till---»'� Wll—G4—yL
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8. Insurance
The Licensee shall maintain or cause to be maintained liability insurance naming the Licensor and the Licensee
and any occupant as insured,in the amount of at least Two Million($2,000,000,00)Dollars. The Licensee shall
deliver to the Treasurer of the Licensor a policy of insurance certified and signed by the insurer forthwith after
requested to do so. The Licensee shall maintain property loss or contents insurance for his own benefit and at
his own cost.
9. not used
10. Compliance With Law
(a) During the term the Licensee shall, at its sole cost and expense, promptly comply with all laws,
ordinances, orders, rules, regulations and requirements of all federal, provincial and municipal
governments and governmental agencies, which are applicable to the Premises, to the improvements
which may be situate thereon, or to the use,manner of use or occupancy thereof.
(b) After prior notice to the Licensor, the Licensee shall have the right to contest by appropriate legal
proceedings at the Licensee's sole cost and expense and with counsel of the Licensee's choosing, the
validity of any law,ordinance,order,rule,regulation or requirement with which,by the provisions of this
licence,it is obligated to comply. If by the terms of any such law,ordinance, order,rule,regulation or
requirement,compliance therewith may be legally held in abeyance without incurring any lien or charge
of record against the Premises,and without subjecting the Licensor to any fines,penalties or any other
liability for failure to comply therewith, the Licensee may postpone compliance until the final
determination of any such proceedings, provided that all proceedings shall be prosecuted with due
diligence.
11. Default
If the Licensee shall default in the performance of any of its obligations under this licence and if such default
shall continue for five days after notice thereof from the Licensor specifying in what manner the Licensee has
defaulted(except that if such default cannot be cured within said five-day period,this period shall be extended
for a reasonable additional time, provided that the Licensee commences to cure such default within the five-
day period and proceeds diligently thereafter to effect such cure),the Licensor may cure such default and any
costs and expenses incurred by the Licensor therefor shall be deemed additional rent, or the Licensor may
lawfully enter the Premises and repossess the same as of the former estate of the Licensor,
12. Notices
Any notice,request, communication or demand under this Licence shall be in writing and shall be considered
properly delivered when given or served personally or by registered mail to the Licensor at 40 Temperance
Street, Bowmanville,Ontario,Attention: Mr.Lawrence Kotseff and the Licensee- Attention:Chief Executive
Officer and the Chairman of the Bowmanville Santa Claus Parade Committee, at his last known address. The
Licensee shall notify the Licensor of any change in the Chairman or address for service. Such notice, request
or demand shall be deemed to have been delivered on the date it is delivered if given or served personally or
on the third day following mailing, if it is mailed. If at any time notice is delivered by mail and there is any
cessation(whether anticipated or existing) of mail service affecting the delivery of such notice,the notice shall
not be deemed to have been delivered until five (S) business days after the date that normal mail service is
restored.
13. Assiv_nment and Sublicen�
The Licensee may not assign this licence or sublicence all'or any part of the Premises at any time during the
term hereof without the consent of the Licensor which consent may be unreasonably withheld.
14. Indemnity of LicenWr
The Licensee shall defend the Licensor and hold the Licensor harmless from and against all claims, actions,
losses,damages and expenses(including reasonable legal fees) incurred by the Licensor in connection with the
loss of life,personal injury or damage to property caused during the term of this licence, in whole or material
part,by the act or omission of the Licensee, its agents,employees, licensees,invitees or contractors, arising(i)
from any occurrence in or on the Premises or the Building, or (ii) from the use by the Licensee of any part of
the Premises or the Building,or(iii)from any work undertaken by the Licensee on the Premises or the Building;
provided that the provisions of this Article and the indemnity hereunder shall not be applicable when such claims,
actions,losses,damages or expenses are caused wholly or in material part by the act or omission of the Licensor,
its agents,employees,contractors,licensees or invitees. The Licensee shall have the right to defend,at its own
expense and by counsel of its own choosing,and shall defend,against any claim to which the aforesaid indemnity
agreement would apply,and the Licensor's right to defend or settle any such claim shall be limited to those cases
where the Licensee has failed or refused to defend. The extent of the indemnity provided for herein shall be
limited to the proceeds of insurance required to be maintained pursuant to Paragraph 8.
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15. Counterparts
This licence may be executed in several counterparts,each of which shall be deemed to be an original, and all
counterparts shall constitute one and the same instrument. This licence shall not be binding and in effect until
at least one counterpart, duly executed by the Licensor and the Licensee, has been delivered to each party
hereto.
16. Reeistration of Licence
The Licensee shall not register this licence or notice of this licence against the title to the Premises or the Yard.
17. 09mming Law
This licence shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the
parties submit to the jurisdiction of the courts of the Province of Ontario in order to enforce this licence.
18. Inv lidi
If any term, covenant or condition of this licence to any extent is held invalid or unenforceable, the remainder
of this licence shall not be affected thereby and each term, covenant and condition of this licence shall be
separately valid and enforceable to the fullest extent permitted by law.
19. Miscellaneous
(a) No remedy or election given by any provision in this licence shall be deemed exclusive unless so
indicated,but each shall,whenever possible,be cumulative in addition to all other remedies in law or
equity which either party may have arising out of the default of the other party and failure to cure such
default within the applicable grace period.
(b) Failure of either party to cure a default of the other under this licence shall not render such non-
defaulting party in any was liable therefor, or relieve the defaulting party from any of its obligations
hereunder.
20. Binding_Agreement
This licence shall bind and inure to the benefit of the parties hereto and their respective executors,distributees,
heirs, representatives,successors and assigns,
21. Entire A _egmcnt
This licence contains the entire agreement of the parties and shall not be modified except by an instrument in
writing which is signed by both parties.
IN WITNESS WHEREOF,this licence has been duly executed by the parties hereto as of the day and
year first above written.
THE CORPORATION OF THE TOWN
OF NEWCASTLE
By:
Mayor
And:
Clerk
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Don Welsh,in trust for the Community of
Bowmanville Santa Claus Parade Committee
CIRT.J-r 2 "All
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PARADE BUILDING
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DRAWN: J.M. DATE AUG. 1991
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