NAC RG30 Vol. 14898 File 745
Memorandum of agreement made this 27th day of July 1927,
Toronto Transportation Commission,
hereinafter called the "Commission"
Of the First Part,
- and -
Canadian National Railway Company,
hereinafter called the "National"
Of the Second Part,
- and -
Collis Leather Company, Limited,
hereinafter called the "Company"
Of the Third Part.
Whereas the Commission operates the radial railway, known as its Metropolitan Division, on Yonge Street from the City Limits of the City of Toronto to a point some distance north of the Town of Aurora.
And whereas the Commission has applied to the Ontario Railway and Municipal Board (hereinafter called the "Board") for leave to change the gauge of 4 ft. 8½ in., to the gauge of its City Lines viz: 4 ft. 10-7/8 in., and such application is now pending before the Board.
And whereas the National and the Company opposed such application before the Board on the ground that such change of gauge would involve discontinuance of steam carload freight shipments from the National to the Company's factory.
And whereas the parties hereto, without prejudice to their respective submissions to the Board in respect of the said application and in consideration of their mutual promises and covenants hereinafter contained, have agreed as follows:—
Now therefore this agreement witnesseth:
- The National and the Company will withdraw their opposition to the application of the said Commission to the Board.
- Notwithstanding the change of gauge of the Commission's railway as aforesaid the Commission simultaneously with such change of gauge will construct and during the existence of this agreement will maintain at its sole expense a track of standard gauge with all necessary switches, intersections, etc., all as shown in red on the Commission's plan RR-R-18, one copy of which is to be identified by the parties hereto and filed with the Ontario Railway and Municipal Board, upon the tracks of the Commission lying between the existing interchange track connecting the tracks of the National and the Commission to the south and the existing siding track into the factory of the Company to the north, and the Commission will continue, during the existence of this agreement, to deliver, as heretofore, freight shipments carried or to be carried over the line of the National and shipped by or consigned to the Company, charging therefor according to the tariff for such shipments from time to time in force.
- Forthwith after completion of the said works, the National and the Company will each pay to the Commission the sum of one-third of the cost of their construction as aforesaid; provided, however, that in case such cost exceeds the sum of Thirty Thousand Dollars ($30,000.00) any such excess shall be borne wholly by the Commission. And provided that the Company may pay said amount as follows: One payment of Five Thousand Dollars ($5,000.00) on the date of completion of construction of such works, and any balance due within one year from such date, together with interest on any such balance at the rate of 6% per annum.
- The Commission covenants and agrees with the other parties hereto that if at any time within ten years from the date hereof it should cease operation upon its Metropolitan Division as aforesaid, it will repay to the other parties hereto whatever moneys they may have paid in respect of the works contemplated by this agreement, without interest, and upon such payment being made the Commission shall be forthwith relieved of any obligation imposed by Paragraph 2 hereof.
- The Company covenants with the other parties hereto that should it, within ten years from the date of these presents, cease to use the said works contemplated by this agreement, it will pay to the other parties hereto the moneys paid by them in respect of such works, up to the sum of Twenty Thousand ($20,000.00) without interest.
- Any time after the expiration of ten years from the data hereof the Commission, by six months' notice in writing to the other parties hereto, may terminate the obligations imposed upon it by Paragraph 2 hereof at the expiration of such six months, provided, however, that if, upon the application of one or both parties hereto, made within the said period of six months, the Ontario Railway and Municipal Board or the said Board and Board of Railway Commissioners for Canada jointly, determine that it is unreasonable, having regard to the amount of traffic offering, that the Commission discontinue the service it is obligated to give under the said Paragraph 2, such obligations will continue until such Board or joint Board otherwise order.
- This agreement shall apply to, be binding upon and enure to the benefit of the successors and assigns of the parties hereto.
In witness whereof the parties hereto have hereunto set their corporate seals by the hands of their proper officers in that behalf, the day and year first above written
Canadian National Railway Company
The Collis Leather Co. Ltd.
Toronto Transportation Commission
R. H. Ellis,
H. F. Connolly,