The URL can be used to link to this page

Home My WebLink About83-34 -, ) , . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83- 34 being a by-law to authorize the execution of an Agreement of Purchase and Sale with C . P. Ra il The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: 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 of Purchase and Sale between C. P. Rail and the said Corporation, with respect to the purchase of the Burketon Station/Shelter located in Lot 19, Concession X of the former Township of Darlington, now in the Town of Newcastle. A copy of the said Agreement is attached hereto as Schedule IIAII. By-law read a first and second time this 28th day of February 1983. By-law read a third and final time this 28th day of February 1983. ~ ~~ ayor Seal Clerk J p/' ~~~ ~.^-LLe:""_"Z-)' ~/'" . I File NO..mh?_,C.i.LL.!.1..s:..J "\ ,- .. THIS AGREEMENT MADE the 3rd day of March, 1983. BET WEE N: CANADIAN PACIFIC LIMITED, 'APPROVED AS ,1_' .ui.;.'A fOR .cd.&- ....n.1~:~).-...,- c;. P. L. LA" DEPT. (hereinafter called "CPO), OF THE FIRST PART; "3 re.~ t"'\.e.-^ + W"-S n e ~ c.ornple,,fed c:t w~\\ V'c'\- 6~ - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, (hereinafter called "Newcastle"), OF THE SECOND PART. .___u_ WHEREAS CP is the owner of a certain building situate in the Town of Newcastle (formerly the Township of Darlington), in the Regional Municipality of Durham and Province of Ontario, which building is known as the Burketon CP Rail Passenger Station ("the Station"): AND WHEREAS the Station is located near Scugog Road in the Town of Newcastle as shown in red on CP Rail Plan No. H-245-F, . revised February 23, 1983, attached hereto as Schedule "A" and is constructed on lands ("the lands") legally described in Schedule "B" attached hereto: AND WHEREAS CP is desirous of selling the Station and of having the Station removed from the lands: AND WHEREAS Newcastle is prepared to purchase the Station and to remove the Station from the lands on the terms and conditions hereinafter set out. I By-law No.___l.1::3.y-1 [ ... - 2 - ~ NOW THEREFORE in consideration of the sum of One ($1.00) Dollar paid by Newcastle to CP and of the terms and conditioh~ hereinafter set out, the Parties hereto agree as follows: 1. CP shall sell the Station to Newcastle for the nominal sum of One ($1.00) Dollar paid to CPo . 2. Newcastle shall be required to remove the Station from the lands in a workmanlike manner on or before the 1st day of June, 1983: provided, however, that Newcastle shall use its best efforts to remove the Station from the lands as soon as possible after the date of this Agreement. Newcastle shall, at'its Sole cost and expense, leave the lands in a neat, clean, level and graded condition to the satisfaction of the Division Engineer, CP . Rail, Toronto, Ontario or his authorized representative (lithe Division Engineer") on or before the 1st day of June, 1983. All excavations and depressions to and in the lands required to be made in order to remove the Station shall be filled in on or before the 1st day of June, 1983. The supporting foundation of the Station shall be broken off or cut off six inches below present ground level and refilled to the satisfaction of the Division Engineer. If the lands are not so left in a neat, clean, level and graded condition to the satisfaction of the Division ~ - 3 - Engineer, CP shall be at liberty to put the lands into such a condition and shall have the right to charge and collect from Newcastle all costs and expenses resulting therefrom. 3. Newcastle shall be fully responsible for all costs, charges and expenses which may arise out of the temporary or ~ permanent relocation or disconnection of any communication lines or signal lines and related apparatus (including such lines and apparatus of CNCP Telecommunications) and of any hydro lines, telephone lines, water mains, sanitary sewers, gas lines an~ any municipal services as a result of the removal of the Station from the lands. It shall be the sole obligation of Newcastle to consult with all persons or corporations responsible for the, aforementioned facilities and services as to the proper temporary ~ or permanent relocation or disconnection of same. Newcastle shall perform such temporary or permanent relocation or disconnection in accordance with the requirements of these persons or corporations and shall be fully and solely responsible to ensure that these temporary or permanent relocations or disconnections of the facilities and services are performed properly. 4. During the removal of the Station from the lands, Newcastle, its employees, servants and agents shall at all times remain at least ten (10) feet from the nearest rail of the nearest ..",. S - 4 - track of CP adjacent to the Station. If Newcastle, its employees, servants, and agents find it necessary for the removal of the Station to occupy an area less than ten (10) feet from the nearest rail of the nearest track adjacent to the Station, Newcastl~ shall obtain the approval of the Division Engineer prior to such occupation. In all events, if so required by the Division . Engineer, a railway flagman or railway flagmen shall attend ,on the , . lands in order to protect and safeguard tne running of the trains of CP adjacent to the Station during the removal of the Station from the lands. Newcastle shall bear the sole cost and expense for the time spent by the railway flagman or flagmen tn such protection and safeguarding. 5. Newcastle shall in no way interfere with the running of . the trains of CP or the general carrying on of the railway operations of CP at or near the Station during the removal of the Station from the lands. If, because of the removal of the Station from the lands, the railway operations of CP are interfered with or impaired, Newcastle shall reimburse CP for all losses, costs, charges and expenses suffered or incurred by CP thereby. 6. The lands must be fully protected and guarded against trespass by Newcastle during the period of removal of the Station. If required by the Division Engineer, Newcastle shall ensure that ; - 5 - all excavations and depressions to and in the lands required to be made in order to remove the Station from the lands shall at all times be protected by suitable barriers or fences satisfactory to the Division Engineer until the excavations and depre~siona have been filled in pursuant to Paragraph 2 herein. Such barriers or fences shall be erected at the sole cost and expense of 4It Newcastle. 7. If the Station is not removed from the lands by Newcastle on or before the 1st day of June, 1983, Newcastle shall not be permitted to remove the Station from the lands thereafter and must cease to perform all work relating to the removal of the Station as at that date. However, Newcastle shall still be obligated to leave the lands in a neat, clean, level and graded 4It condition to the satisfaction of the Division Engineer and to this end, will be allowed onto the lands up to and including the 5th day of June, 1983, in order to fill in excavations and depressions in and to the lands and to put the lands into a neat, clean, level and graded condition. 8. If the Station is not removed from the lands by Newcastle on or before the 1st day of June, 1983, CP shall be at liberty to sell the Station to a third party or to enter into arrangements with any third party to remove or demolish the - 6 - Station and Newcastle acknowledges and agrees that, in these circumstances, CP shall be in no way responsible or liable to Newcastle for any costs, charges and expenses that Newcastle may have incurred in an attempt to remove the Station from the lands. 9. As and from the date of this Agreement, CP shall not be ~ responsible for the payment of realty taxes and business taxes for and on account of the Station. Newcastle acknowledges that such realty and business taxes shall not be payable by CP and shall, upon execution of this Agreement, amend its tax records accordingly. ~ 10. Newcastle shall indemnify and save harmless CP and its respective employees, servants, and agents, from and against any and all claims, liens, demands, awards, judgments, actions and proceedings by whomsoever made, brought, filed or prosecuted in respect of personal injuries, including injuries causing death, and in respect of loss or damage to or destruction of property which result from or arise out of the Agreement herein. 11. CP, its respective employees, servants,. and agents, shall not be liable for any death or injuries or damage to any property which result from or arise out of this Agreement. - 7 - 12. Newcastle shall forthwith pay all monies owing to each contractor and subcontractor who performs services or provides materials in connection with the removal of the Station from the lands. Newcastle shall not permit any mechanics' liens to be registered against the title to the lands. If any mechanic~' liens are registered against the title to the lands as a result of ~ the removal of the Station from the lands, Newcastle covenants to have the said liens removed from title forthwith. Newcastle shall indemnify and save CP harmless from any costs, charges and expenses which CP may incur as a result of any mechanics' liens being registered against the title to the lands. If the provisions of the Construction Lien Act are or become applicable to this Agreement, all references in this Paragraph to mechanics' liens shall be references to construction liens. ~ Newcastle shall advise the Division Engineer in writing of any contractor, subcontractor or other party which has been given permission by Newcastle to enter onto the lands to assist in the removal of the Station. Newcastle shall so advise the names of any such contractor, subcontractor or other party prior to their entry onto the lands. 13. Prior to entry onto the lands for the purpose of removing the Station, Newcastle shall provide insurance coverage . . - 8 - in a form and in amounts satisfactory to CP to cover all liabilities which Newcastle has to CP or to any other party, which result from or arise out of this Agreement. CP, and any other party stipulated by CP, shall be named insureds on policy or policies obtained in order to satisfy these insurance requirements. 14. Newcastle shall not be permitted to assign its rights under this Agreement, except with the consent of CP, which consent may be arbitrarily withheld. 15. Time shall in all respects be of the essence of this Agreement. 16. Subject to Paragraph 14 herein, this Agreement and all the rights and obligations hereunder, shall be binding upo~ and ;( - 9 - shall enure to the benefit or burden of the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties have caused their corporate seals to be affixed to this Agreement, attested by the signatures of their proper officers duly authorized in that behalf ~ as of the date and year first above written. CANADIAN PACIFIC LIMITED Per: Position cis Per: Position THE CORPORATION OF THE TOWN OF NEWCASTLE ~ Per:. ;J;hli'c 1/ Position /~A d~.. /Lc-,;/ , Per: e.L~ . Position , cis /Q~, W~ l t- - _.~ SCHEDULE "A" . , Vr2-CVIIJGE" Or: C N-rAe.lo Q ~~ i1""tlIDtJ^L UuIZ.HA,,^ ~ N\utV IC, ,"AL' T'f c<= ~ t-'t- ..,-;...:.;; SHIP CIO' I)AR.L I \JU.ciJ ..& ~j C.C~(..E<i"i 1l.'1J 'j.. ;;) .:J .::l " ~ .f" iicAD-J-~ - - ' - - .. - .. / \ . - ...-... / - - - .. ~ - --- - - ".. - - - --- --- - . :r --- - - --- + ---- --- C ~ ----....-- .. - .. - -- '. - ..-/ ~ - - 1~"i.LTC;:1l.. (. ~ '--(c'kl.l'f 0 C) j (.c'-U(".:...."I E. r- _ ~rATIO,j " I =...J -I "- \ ~ / {i2.0'^~IO'E.O ~ '," / -. ~ . .. ...a J) ~ \ ;i ~ ,.... (3 a : \;: , - .. - - / - - J' - ! / CANADIAN PACifiC LIMITED - E4 CP R.. I EASTERN REGION I TORONTO DIVISION I MILEAGE i48.0 I ~\ \JE..a.J. SUBDIVISION ; , 13 u It l( E. -ra,) <;-rA1ICW 1""EL.TE.1r.. \ Loc.ATIO\,,) l/'-AIo4 -- -. ~ ,. - ,............... !UtHON STATION. TORONTO . _.. ~ l . . . . . SCHEDULE "B" ALL AND SINGULAR that certain parcel or tract of land located in the Township of Darlington, in the Regional Municipality of Durham (formerly in the County of Durham) and Province of Ontario and being composed of that part of Lot 19 in Concession 10 in the said Township as outlined in red on the Plan attached hereto as Schedule "Bl". " ~ .. ,. "/ ... SCHEDULE Bl ~ :r~~ -wA-. ~~.~ ~CaA~~, . . ~ vY\- '. ION tA.A.~~.. toc i::> ~~ -- ----:-T i-1 r-;i 7 J .. jI ~ E: - - . .----' -- fC..td..J.';j -w~_ - t- . .'.. .. &~ 11 &. 5.~~, Sfa t/Oll 1/!u rcJ $...96..4c. j ~~ y ~ -/EM- 1'~ ~ ~~~~~ <"~-L..v f,yt. ~ ~~ """'- u-'f,/~x ~1- . Cif~&-;:, ~I ~ . . ~4-tH1?7=/~_ ~ T .. DATED: March 3, 1983 CANADIAN PACIFIC LIMITED - and - THE CORPORATION OF THE TOWN OF NEWCASTLE.' . AGREEMENT Brian M. Dourley, Esq. Solicitor Canadian Pacific Limited La. Department 40 University Avenue Suite 918 Toronto, Ontario MSJ 1 T 1 BMD/cl