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HomeMy WebLinkAboutBy-law 4810/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4810/96 Being a by-law to authorize the execution of a Licence Agreement between the Corporation of the Town of Pickering and Canadian National Railway Company respecting the construction and maintenance of stormwater pipes from Mile 2. 47 to 2.57 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 Pickering has jurisdiction over stormwater drainage systems within the Town of Pickering; and WHEREAS, it is deemed desirable to provide for the construction and maintenance of stormwater pipes crossing under and across the Canadian National Railway Company right-of-way from Mile 2.47 to 2.57 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 Licence Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and Canadian National Railway Company respecting the construction and maintenance of a stormwater pipe crossing from Mile 2.47 to 2.57 York Subdivision. BY-LAW read a first, second and third time and finally passed this 24th day of June, 1996. B~ce Taylor, Clerk pal/report/reppw696 THIS AGREEMENT made as of the FIRST day of JULY, ONE THOUSAND NINE HUNDRED AND NINETY-SIX. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Railway") OF THE FIRST PART - and - TOWN OF PICKERING-P.U.C. (hereinafter called the "Licensee") OF THE SECOND PART PERMISSION is hereby given by the Railway to the Licensee to construct, use and maintain a 450mm diameter STORM SEWER PIPE (hereinafter referred to as the "line"), under, across and/or along the Railway's right-of-way for a distance of approximately 450 feet between mileage 2.47 and mileage 2.57 of the Railway's YORK Subdivision, in the Town of PICKERING, Regional Municipality of DURHAM in the Province of Ontario, in the manner and at the location as shown on Schedule "A" attached hereto which forms part hereof; SUCH PERMISSION IS GIVEN SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: THE LICENSEE AGREES: 1. At its own risk and expense, to construct, use and maintain the line in the location shown and in the manner specified on the attached Plan, to the satisfaction of the Railway and in compliance with all orders, rules and regulations of the National Transportation Agency or other authority of competent jurisdiction now or hereafter in force applicable thereto. 2. Before commencing any construction or major repairs or renewals of the line, to give to the local Superintending Officer of the Railway at least seven (7) days' prior notice in writing to enable the Railway to send an inspector and/or a flagman to supervise the said work and to pay the wages of the said inspector and/or flagman, including their expenses while so engaged, on demand from the Railway. 3. To restore, after construction is completed, the Railway's right of way. 4. (a) Should the Railway deem it necessary or desirable at any time or from time to time that the line or any portion thereof be moved or relocated, the Railway shall give the Licensee notice in writing to make such alterations and thereupon to perform all such alterations promptly at its own risk and expense. Should the Licensee fail to make such alterations within a reasonable time, the Railway may perform such work at the Licensee's risk and expense. (b) Should the Railway at any time desire to construct tracks or other railway works over or across any portion or portions of the line and should the Railway not require the line to be moved as provided in the first paragraph of this clause, at its own risk and expense, to install such concrete encasement or other works to protect the line as may be designated by the Railway. 5. Should the Railway deem it necessary or desirable at any time or from time to time for the purposes of repair or improvement on the railway that the line or any portion thereof be temporarily removed or relocated, to forthwith upon Railway request, effect at the Licensee's risk and expense, such removal or relocation and as well, upon subsequent Railway request, the restoration of the line. Should the Licensee fail to do so, the Railway may perform such work at the Licensee's risk and expense. 6. Not to interfere, in any way, with the usefulness or safety for railway purposes of the Railway's tracks or other premises. 7. The Licensee hereby accepts the land and premises pertaining to the line on an "as is" basis and hereby waives against the Railway, all rights and recourses of any nature whatsoever in respect of any defects therein. The Railway makes no representation or warranty with respect to the condition, nature, composition, use (past, present or future) of such land and premises. The Licensee shall comply with the provisions of any federal, provincial or municipal environmental laws which during the continuance of this Agreement shall become applicable to the land and premises pertaining to the line. If any governmental authority exercising jurisdiction with respect to environmental protection requires, in respect of the line, the installation of equipment or apparatus on any such land and premises, then the Licensee shall promptly install such equipment or apparatus or take such measures as may be required by such governmental authority. The Licensee shall be solely responsible for the cost of all work carried out to comply therewith. Upon the termination of this Agreement the Licensee shall leave the land and premises pertaining to the line free of any environmental contamination resulting from or occurring during the Licensee's occupation or use thereof. If the Licensee has installed any facility on, over or under such land and premises, the Licensee shall remove such facility by the date of such termination, unless the Railway consents in writing to such facility remaining thereon. The Licensee shall have the burden of proving that any environmental contamination has not resulted from or occurred during its occupation or use of such land and premises. In the event that the Licensee fails to comply with the above to the satisfaction of the Railway, the Railway may undertake any such work that it considers necessary to correct any environmental contamination which may have resulted from the Licensee's occupation or use of Railway Property and all expenses incurred by the Railway, either directly or indirectly, shall be payable by the Licensee upon receipt of Railway accounts therefor. The responsibility of the Licensee to the Railway with respect to the environmental obligations contained herein shall continue to be enforceable by the Railway notwithstanding such termination. 8. To at all times indemnify and save harmless the Railway from all loss, expense and/or liability howsoever incurred by the Railway and the Licensee hereby waives as against the Railway, all claims of whatsoever nature or kind, where such loss, expense, liability or claims arise directly or indirectly out of or are attributable to the exercise by the Licensee or others of the privileges herein granted, whether such loss, expense, liability or claims result from the negligence of the Railway or otherwise. - 4 IN WITNESS WHEREOF the parties hereto have duly executed these presents. Witness: CANADIAN NATIONAL RAILWAY COMPANY Director Real Estate Management, Central Canada TOWN OF PICKERING PUC President Secretary Approved as to form Solicitor SQ. 0 ~j~ % ¢ STROUD S ~NE ST~OUD'S~ / ~ 0 ~ KATE S Tow~ o~ Picketing Public Work~ Department CANADIAN NATIONAL RAILWAY COMPANY UNDERGROUND PIPE CROSSING (Between Spruce HHI Road and Fa[rport Road)