1 BY-LAW NUMBER 45 OF 2014 CORPORATION OF THE TOWN OF ST. MARYS BEING A BY-LAW TO APPROVE THE AMENDED TERMS OF OWNERSHIP AS ACCEPTED BY ST. MARYS CEMENT INC. (CANADA), AND BASEBALL HALL OF FAME AND MUSEUM (ST. MARYS) INC. (ALSO KNOWN AS THE CANADIAN BASEBALL HALL OF FAME AND MUSEUM). NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF ST. MARYS hereby enacts as follows: 1. Council hereby approves of the amended terms of ownership of the lands legally described as Part of Lot 35 Concession Thames, Part of Lots 20 and 21, Concession 17, Geographic Township of Blanshard; Parts 1, 2, 3, and 4 S/T ROW over Part 3 on plan 44R-4130 in R238806; Parts 1, 3 & 4 on Plan 44R S/T R , Town of St. Marys, Province of Ontario, being all of property identification number (LT) ("Donated Lands") as described in Schedule "A" attached hereto. 2. That the acceptance of the amended terms of ownership of the Donated Lands by both St. Marys Cement Inc. (Canada) and Baseball Hall of Fame and Museum (St. Marys) Inc. (also known as the Canadian Baseball Hall of Fame and Museum) in the form of acceptance attached as Schedule.,A, to this bylaw is approved. 3. That the Town's solicitor is hereby authorized and directed, on behalf of the Council of the Corporation of the Town of St. Marys, to cause a copy of this bylaw to be registered against the properties described in Schedule A" attached hereto in the proper registry office. 4. That Schedule A" attached hereto shall form part of this by-law. Read a first and second time this 21st day of October, Read a third and final time and passed this Mr, Ste?'e Grose, Mayor ~Clerk~
2 SCHEDULE"A" BY-LAW NO. 45 of2014 Description of Lands: The lands legally described as Part of Lor35 Concession Thames, Part of Lots 20 and 21, Concession 17, Geographic Township of Blanshard; Parts 1, 2, 3, and 4 SIT ROW over Part 3 on plan 44R-4130 in R238806; Parts 1, 3 & 4 on Plan 44R-4130 SIT R361747, Town of St. Marys, Province of Ontario, being all of property identification number (L T)
3 Kevin Mcilwain, CAO Town of St. Marys 175 Queen St. E P.O. Box 998 St. Marys, ON N4X 1 B6 St. Marys Cement Inc. (Canada) 55 Industrial Street Toronto, ON M4G 3W9 - and- Canadian Baseball Hall of Fame and Museum 140 Queen Street St. Marys, ON N4X I C2 Aug Dem Sirs/Madames: Re: Canadian Baseball Hall of Fame and Museum - Letter Agreement The Canadian Baseball Hall of Fame and Museum (the legal entity being Baseball Hall of Fame & Museum (St. Marys) Inc., an Ontario not- for- profit corporation) ("CBHFM"), St. Marys Cement Tnc. (Canada) ( ' S M C " ) and The Corporation of the Town of St. Ma1ys (the "Town ) entered into an agreement dated November respecting the donation, ownership, re-conveyance, use a nd future use of t h e lands m u n i c i p a l I y k n o w n a s W a t e r S t r e e t S o u t h, S t. Marys, 0 n ta r i o, an d I ega 11 y described as part of Lot 35, Concession Thames B lanshard; and parts of Lots 20 and 2 1, Concession I 7 Blanshard designated as Parts 1, 2, 3 and 4 on P lan 44R-4 130; subject to a right-of-way over Part 3 on Plan 44R-4130 and subject to Instrument No. STM Town of St. Marys, County of Perth, in the Province of Ontario, being all of P f N l 3 9 (the"donatcd Lan ds"). The Donated Lands are adjoined by i.ndustiiallands owned bysmc. T he Town i s the registered owner of the Donated Lands subject to the conditions described herein: 1. CBHFM is permitted to use a portio n of the Donated Lands for no consideration provided such use is in accordance with all laws. 2. ln the event both CBHFM and the Town cease to use the Dona ted Lands, in whole or in part, the Town shall re-convey the Donated Lands to SMC or such other legal entity as SMC may direct, for no consideration and within one hundred and twenty (1 20) days from the date said use ceases. 3. The Town and CBHFM will not introduce any new uses to the Donated Lands which have the potential to conflict and/or interfere with the industrial operations of SMC. 4. The Town and CBHFM will refer to the Ministry of Environmental Land Use Guidelines (D-6) as a general guide when considering any new use of the Don at i on Lands. 5. Public access for use of the Donated Lands wi ll be controlled by the Town and CBHFM f()r any future use in the same manner as it is controlled at the date of this letter. 6. CBl-IFM, SMC and the Town will negotiate in good faith any future land use of the Donated Lauds to ensure the use is compatible with the adjace nt industiial landsownecl by SMC. 7. Any by-law passed by C,otmcil of the Town related to the terms herein may be registered on title to the Donated Lands, shail run with the land, and shall enure to the benefit of and be binding upon CBHFM, SMC and the Town and their respective heirs, executors, administrators, successors and permitted assigns. The Town will so I e ly pay for the registration against t it le of said by-law. T: F: E:
4 8. Acceptance of the terms of this letter by all parties shall be deemed authorization to legal counsel for the Town to register said by-law in the appropriate Land Titles Office without further written authorization from CBHFM and SMC. We look forward to your acceptance of the terms of this letter which you may confirm by signing this letter in the space indicated below, and returning to the undersigned. I wish to express my appreciation on behalf of the Town for your contributions to the Town. Kevin McLlwain Chief Administrative Officer/Clerk on. ca The undersigned accept the tenns contained in this letter agreement. ST. MARYS CEMENT INC. (CANADA) BASEBALL HALL OF FAI\'IE & MUSEUM (ST. MARYS) INC. Per:~ Nam~;J ~ ls"a;:> Title:.~Ac?~, 7r ~A<;«I have authori~v to bind the CO ;;ration. Date: ~"'ffeef', 2j, 2014 T: F: E: stmarys.on.ca www. townofstmarys.com
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