HomeMy WebLinkAboutBy-law 4733/96 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4733/96
Being a by-law to authorize the execution of a Pipe
Crossing Agreement between the Corporation of the
Town of Picketing and Canadian National Railway
Company respecting the maintenance of stormwater
pipes at Mile 315. 80 Kingston Subdivision.
WHEREAS, pursuant to the provisions of the Regional Municipality of Durham Act, R.S.O. 1990,
chapter R. 19, The Corporation of the Town of Pickering has jurisdiction over stormwater drainage
systems within the Town of Pickering; and
WHEREAS, it is deemed desirable to provide for the maintenance of stormwater pipes crossing under
and across the Canadian National Railway Company right-of-way at Mile 315.80 Kingston Subdivision;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
I. The Mayor and Clerk are hereby authorized to execute a Pipe Crossing Agreement, in the fbrm
attached hereto as Schedule A, between The Corporation of the Town of Pickering and Canadian
National Railway Company respecting the maintenance of a stormwater pipe crossing at Mile
315.80 Kingston Subdivision.
BY-LAW read a first, second and third time and finally passed this 19th day of February, 1996.
Bruce Taylor, Clerk
Schedule A
- K3-315.80/A -
PIPE CROSSING AGREEMENT
THIS AGREEMENT made as of the FIRST day of SEPTEMBER, ONE THOUSAND
NINE FUJNDRED AND NINETY-FOUR.
THE UNDERSIGNED THE CORPORATION OF THE TOWN OF PICKERING
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
LlV 6K7
(hereinafter called the "Applicant") pursuant to Section 212 of the
Railway Act, R.S.C. 1985, Chapter R-3, hereby applies to Canadian
National Railway Company (hereinafter called the "Railway") for
permission to construct and maintain the pipe crossing (hereinafter
called the "Works") in the manner and at the location as shown on
Schedule "A" attached hereto.
THE APPLICANT COVENANTS AND~AGREES WITH THE RAILWAY TEAT:
1. The Works shall be constructed and at all times
maintained in accordance with the general orders, regulations,
plans or specifications adopted or approved by the National
Transportation Agency respecting pipe crossings under railways in
force from time to time, including, but without limiting the
generality of the foregoing, the Pipe Crossings Under Railways (No.
E-10) Regulations, C.R.C., c. 1187, as amended by Regulation
S.O.R./81-793, in the same manner and to the same extent'as if the
said general orders, regulations, plans or specifications had been
special orders made in relation thereto and the Applicant hereby
agrees to observe and perform all the terms and conditions of the
said orders, regulations, plans or specifications.
2. Should it become necessary or expedient for the purposes
of repair or improvement on the said Railway that the Works be
temporarily removed or relocated, the Applicant shall, upon request
of the Railway and at the sole cost and expense of the Applicant,
forthwith remove or relocate the Works.
3. The Applicant shall comply with the provisions of any
federal, provincial or municipal laws with respect to preventing
the discharge of contaminants into the environment. The Applicant
shall be solely responsible for the cost of complying with the
requirements of a public authority with respect to the Works.
The Applicant shall, during the term of this Agreement,
immediately notify the Railway of the discharge of any
environmental contaminants (as defined by the Environmental
Protection Act of Ontario, as amended) into the environment. The
Applicant shall be solely responsible for the cost of all work
carried out to correct any environmental contamination which occurs
as a result of the Applicant's occupation or use of the Railway's
land.
Upon the termination of this Agreement, the Applicant
shall leave the lands of the Railway in a tidy condition, free of
any environmental contamination resulting from the Applicant's
occupation or use of the lands of the Railway. If the Applicant
has installed any facility on or under the lands of the Railway,
the Applicant shall remove such facility and contents thereof by
the date of termination of this Agreement, unless the Railway
consents in writing to such facility and contents thereof
remaining, subject to federal or provincial regulations.
4. The Applicant will indemnify and save harmless the
Railway against all taxes, rates and assessments at any time levied
or assessed against the Works or agains~ the lands of the Railway
by reason of the presence of the Works.
5. To pay to the Railway, during the first TEN (10) year
period hereof, for the privileges herein granted, the sum of ONE
THOUSAND THREE HUNDRED DOLLARS ($1,300.00) plus applicable Goods
and Services Tax (GST), such payment to become due and payable on
the FIRST day of SEPTEMBER, ONE THOUSAND NINE HUNDRED AND NINETY-
FOUR.
PROVIDED that the consideration payable by the Licensee
during successive TEN (10) year periods shall be subject to review
for each successive TEN (10) year period of the continuance of this
License and set at amounts which, in the opinion of the Railway,
are fair and equitable, but in no event shall a yearly rate be less
than the yearly rate payable durin9 the initial TEN (10) year
period and shall be payable in like manner.
6. Neither this Agreement nor any right, interest or
privilege hereunder shall be assigned or sub-licensed without the
prior written consent of the Railway.
7. This Agreement may be terminated at any time after the
date hereof by either party giving to the other party not less than
ninety (90) days' notice in writin~ of intention to terminate;
PROVIDED that if the Applicant shall be in breach of any of the
terms, covenants, provisos or conditions herein set forth, the
Railway shall have the right to cancel this Agreement forthwith.
8. In the event that the Railway enters into a Master
Agreement with the Applicant, the Railway may, at its option, and
upon not less than thirty (30) days written notice to the Applicant
terminate this A~reement and then the Applicant shall have the
right if it so chooses, to enter into and become a party to the
said Master A~reement with the Railway. Provided however, that if
the Applicant elects not to enter into and become a party to the
aforesaid Master A~reement then all of the Applicant's rights and
obligations as set out in this A~reement shall terminate upon the
date stated in the said notice.
DATED AT this day of , 19__
THE CORPORATION OF THE TOWN OF PICKERING
Title:
Title:
The Railway hereby consents to the construction and maintenance of
the Works referred to herein upon the terms, covenants, provisos
and conditions above set forth.
DATED at , this day of , 19
CANADIAN NATIONAL RAILWAY COMPANY
Apprg3~Dd
a~/to ~ Regional Manager
! Real Estate Services
Solicitbr
I~OPOSED
SUB~V
MOUNT DRIVE
LAKE ONTARIO
The Town of Pickering Canadian National Railway Cc~npany
LEGAL SERVICES DEPARTMENT - Nc~ad p~ad Extension
~ underground Pipe Crossing
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The Town of Pickering ~i~ Natio~l ~il~y C~y
- ~d ~ ~sion
LEGAL SERVICES DEPARTMENT - ~o~ Pi~ c~ss~g