PID 15160922 D 7 ? Ab 1624 75~ ARTIAL SURRENDER OF LEASE z - 15:49:3 This Agreement made as of the 31% day of October, 2009, ‘THE KIWANIS CLUB OF ST. ANDREWS, N.B. INCORPORATED, a body corporate under and by virtue of the laws of the Province of New Brunswick, hereinafter called the "lessee" -and- TOWN OF SAINT ANDREWS, a municipal corporation, having its offices at 212 Water Street. Saint Andrews, NB ESB 184, hereinafter called the "lessor". ‘THE KIWANIS CLUB OF ST. ANDREWS, N.B. INCORPORATED, the "lessee", herein and the "lessee" in the lease from TOWN OF SAINT ANDREWS [SIC as. "Town of St. Andrews"), the “lessor” herein, of certain lands described in the lease dated June 21, 1988 and registered in the Charlotte County Registry office on July 11, 1988, in book 329 at page 614, as # 109641, and the "lessee" in the lease from the TOWN OF SAINT ANDREWS, the "lessor", of certain lands described in a lease dated June 9, 2003 and registered in the Charlotte County Registry office on July 17, 2003 as # 16642408, in [consideration of ONE DOLLAR ($1.00) now paid to the lessee, by the lessor, the lessee fhereby assigns and surrenders to the lessor, the property described as follows: All of that portion of the Eastern Commons, so-called, in the Town of Saint Andrews, Parish lof Saint Andrews, County of Charlotte and Province of New Brunswick, lying to the east (or north easterly) of the northwesterly prolongation of the chain-link fence line (running along azimuth 324° 01 minutes 40 seconds, more or less, along the south westerly sideline of the sewage lagoon property of the Town of Saint Andrews) a distance of 16 metres, more or less, to the former CPR railway right-of-way, which chain-link fence is partially depicted on plan 16640980, filed July 16, 2003 in the Charlotte County Registry office, as of October 30. 2009, IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as of the day and year above written. SIGNED, SEALED AND DELIVERED) THE KIWANIS CLUB OF ST. ANDREWS, per: John Shaw - President per: Kurt Gi ~ Secretary, TOWN OF SAINT ANDREWSPROVINCE OF NEW BRUNSWICK COUNTY OF CHARLOTTE Affidavit of Corporate Execution I, KURT GUMUSHEL, of the Town of Saint Andrews, in the County of Charlotte and Province of New Brunswick, Secretary, MAKE OATH AND SAY: 1, THAT 1am the Secretary of The Kiwanis Club of St. Andrews, N. B. Incorporated, uly incorporated organized and subsisting under and by virtue of the laws of the Province of New Brunswick and as such Secretary I have custody of the Corporate Seal of the said The Kiwanis Club of St. Andrews, N. B, Incorporated. 2. THAT THE corporate seal affixed to the foregoing indenture purporting to be the corporate seal of the said The Kiwanis Club of St. Andrews, N. B. Incorporated, is the corporate seal of the said The Kiwanis Club of St. Andrews, N.B. Incorporated, and was affixed thereto by me as Secretary of the said The Kiwanis Club of St. Andrews, N.B. Incorporated. 3. THAT the signature "John Shaw" to the said indenture subscribed, purporting to be the signature of the President of The Kiwanis Club of St. Andrews, N. B. Incorporated, is the signature of the President of the said The Kiwanis Club of St. Andrews, N. B. Incorporated and the signature of "Kurt Gumushel" to the said indenture subscribed, purporting to be the signature of me this deponent Secretary of the said The Kiwanis Club of St. Andrews, N. B, Incorporated, is the signature of me this deponent, 4, THAT the President and Secretary are the proper signing officers of the said The Kiwanis Club of St. Andrews, N. B. Incorporated, duly authorized in that behalf and the said within indenture was duly signed, sealed, executed and delivered as and for the free act and deed of the said The Kiwanis Club of St. Andrews, N. B. Incorporated, and to and for the uses and purposes therein expressed and contained. SWORN TO BEFORE ME at the ) Town of Saint Andrews, inthe County of Charlotte and Province of ) KURT GUMUSI ) ) ) ) ) ) ) Being a Solicitor Sete eevee = Se LEI 2 LIST panyPROVINCE OF NEW BRUNSWICK, COUNTY OF CHARLOTTE Affidavit of Corporate Execution 1, W. Timothy Henderson, of the Town of Saint Andrews, in the County of Charlotte and Province of New Brunswick, MAKE OATH AND SAY THAT: 1, Lam the Clerk of the Town of Saint Andrews, a Town Corporate duly incorporated, organized and subsisting under and by virtue of the Municipalities Act, Revised Statutes of New Brunswick, 1973, Chapter M-22, and as such Clerk have custody of the corporate seal of the said Town of Saint Andrews. 2. The corporate seal affixed to the within partial surrender of lease, purporting to be the seal of the said Town of Saint Andrews, is the corporate seal of the said Town of Saint Andrews, and was affixed thereto by me as Clerk of the said Town of Saint Andrews. 3. The signature "John D. Craig" subscribed to the said partial surrender of lease. purporting to be the signature of the Mayor of the Town of Saint Andrews, is the signature of the Mayor of the said Town of Saint Andrews and the signature "W. Timothy Henderson” subscribed to the said partial surrender of lease, purporting to be the signature of me, this deponent, Clerk of the said Town of Saint Andrews, is the signature of me, this deponent. 4, The Mayor and the Clerk are the proper signing officers of the said Town of Saint Andrews, duly authorized in that behalf and the said within lease was duly signed, executed and delivered as and for the uses and purposes therm expressed and contained. SWORN TO BEFORE ME AT) the Town of Saint Andrews, inthe) County of Charlotte, and Province) of New Brunswick, this 4 7*Uay of ) January, 201 David A. lett ‘A Commissioner of Oaths Being a Solicitor