The first draft Agreement of Purchase and Sale provided by the City required as a condition of sale that:
- The Buyer will not oppose the designation by the Seller of the Property under Part IV of the Ontario Heritage Act containing Heritage Attributes substantially as set out in Schedule B [which was attached]; and
- The Buyer will enter into a Heritage Conservation Easement under the Ontario Heritage Act for the conservation, preservation and protection of its associated historic, cultural, archeological and other values/interests, as part of the Site Plan Control Agreement.
Walker Power was pleased when the draft agreement was revised to delete the foregoing two paragraphs and to insert the following in their place:
That the owner enter into a Heritage Conservation Easement relative to the railway turntable under the Ontario Heritage Act for the conservation, preservation and protection of its associated historic, cultural, archeological and other values/interests.
The agreement was signed with an anticipated closing of mid-December. The transaction has been postponed to permit the parties to come to proper terms for the conservation easement.
Protection Measures of The T amiable
Walker Power has always taken a keen interest in the turntable and recognizes the archeological significance of this artifact. Upon the discovery of the turntable, Walker Power took careful steps to ensure its protection by retaining its own archaeological consultant (at considerable expense) to ensure that the artifact is properly documented and preserved in accordance with the standards of the Ministry of Heritage, Sport, Tourism and Culture Industries (the “Ministry”).
Without hesitation and without coercion, Walker Power agreed to enter into a conservation easement in favor of the City of Windsor for the turntable (although the specific terms have yet to be defined).
In addition, Walker Power voluntarily retained a land surveyor to prepare a reference plan so that the turntable can be registered in the Land Titles System to provide a public notice to those who will inevitably acquire title as the centuries pass.
Walker Power’s commitment to the preservation of this artifact of archaeological significance has been unwavering.