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HomeMy WebLinkAboutBy-law 4734/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4734/96 Being a by-law to authorize the execution of a Pipe Crossing Agreement between The Corporation of the Town of Pickering and Canadian National Railway Company respecting the maintenance of stormwater pipes crossing Mile 4. 25 York 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 Picketing 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 4.25 York Subdivision; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Pipe Crossing Agreement, in the form 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 4.25 York Subdivision. BY-LAW read a first, second and third time and finally passed this 19th day of February, 1996. Wayne Arthurs,~of Bruce Taylor, Clerk Schedule A Ref: Y1-004.25/A License #71244 PIPE CROSSING AGREEMENT THIS AGREEMENT made as of the First day of March, ONE THOUSAND NINE HUNDRED AND NINETY-FOUR. THE UNDERSIGNED: The Corporation of the Town of Picketing Picketing Civic Complex i The Esplanade Picketing, Ontario LiV 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 THAT: 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 ~pplicant, 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 against the lands of the Railway by reason of the presence of the Works. - 2 5. To pay to the Railway, during the first Five (5) year period hereof, for the privileges herein granted, the sum of EIGHT HUNDRED AND TWENTY-FIVE DOLLARS ($825.00) per annum plus applicable Goods and Services Tax (GST), such payment to become due and payable on the First day of March, ONE THOUSAND NINE HUNDRED AND NINETY-FOUR. PROVIDED that the consideration payable by the Applicant during successive Five (5) year periods shall be subject to review for each successive Five (5) year period of the continuance of this Agreement 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 during the initial five (5) 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 writing 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 Agreement and then the Applicant shall have the right if it so chooses, to enter into and become a party to the said Master Agreement with the Railway. Provided however, that if the Applicant elects not to enter into and become a party to the aforesaid Master Agreement then all of the Applicant's rights and obligations as set out in this Agreement shall terminate upon the date stated in the said notice. DATED AT this day of , 19 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 Regional Manager Land Management Approved as to / form / SoliCitor ~m~]244.px ¢.m. KEY PLAN ~ T.s. The Town of Pickering LEGAL SERVICES DEPARTMENT - Licence A~emt I Canadian National Railway Ccrapany The Town of Pickering - ~3n P~vers Drive and Woodview Avenue LEGAL SERVICES DEPARTMENT - License ngre~c~nt