HomeMy WebLinkAboutPSD-118-06 Addendum
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Cl~gron
REPORT
PLANNING SERVICES
Report #:
GENERAL PURPOSE AND ADMINISTRATION MEETING
R.e:0\V+~CY\ :tt: &PA - 2~ -Oi
By-law #: 200 'l- - o=ii
File No.: PLN 15.12
Meeting:
Date:
Tuesday, April 10, 2007
ADDENDUM to PSD-118-06
Subject:
LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS
AT MILE 288.9 FOR THE WATERFRONT TRAIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT this addendum Report to PSD-118-06 be received;
2. THAT Council select either Option 'A' or Option 'B' as set out in 3.2 of this report;
3. THAT if Council selects Option 'A', Council pass a by-law to authorize the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to execute the Licence Agreement contained in
Attachment 2 and rescind By-Law 2006-219 approved December 18, 2006; and
4. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
avi Crome, M.C.I.P., R.P.P.
Director of Planning Servic
R. d b ,0t~,Q..:. (( ,)1
eVlewe y: ',__ ~
Franklin Wu,
Chief Administrative Officer
~/f~ J /,/
:~t/fl ill
N ncy TctlVor,
Director of Finance
A S. Cannella, CET.
Director of Engineering Services
FL *DJC*sh*df
2 April 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: ADDENDUM TO PSD-118-06
PAGE 2
1.0 BACKGROUND
1.1 The existing Waterfront Trail is currently routed around the Wilmot Retirement
Community between Bennett Road and Cobbledick Road. The entire route is located
on-road and requires trail users to travel 2.9 km along a busy portion of Hwy 2 including
where it crosses Hwy 115. The proposed trail would provide a crucial off-road link and
would eliminate the need to travel on Hwy 2 making it shorter, safer, and more
convenient for users. Staff has been working towards re-routing the trail to the proposed
location for several years.
1.2 As part of the subdivision agreement for the expansion of the Wilmot Creek Retirement
Community the municipality has been able to secure both the land required for the trail
and also a commitment from the developer to construct it. Rice Developments has
agreed to construct a 1.6 km section of paved Waterfront Trail at their own expense
from Bennett Road to the Service Road at the mid point of the community. This new
section of trail would be located immediately north of the Wilmot Creek Retirement
Community, entirely off-road, on municipal property and Hydro One land. An agreement
with Hydro One was previously executed for the proposed trail that traverses their
property.
1.3 At one location the proposed trail would be constructed under an existing bridge that
leads into the Wilmot Retirement Community. A narrow access point below the bridge
would require the trail to be shifted approximately 7 metres onto CN land. CN has
agreed to allow the trail to encroach onto their property provided adequate fencing is
installed and a licence agreement is executed prior to construction. All of the expenses
related to the construction of the trail and fence on CN's land are the responsibility of
Rice Developments. They hope to begin construction in April 2007.
1.4 Council approved Report PSD-118-06 (Attachment 1) on December 18, 2006. As set
out in that report the Municipality was negotiating a license agreement with Canadian
National Railway Company for access onto CN Lands under the bridge at the Wilmot
Creek Retirement Community. The report authorized By-Law 2006-219, which would
allow the Mayor and Municipal Clerk to execute the agreement once it had been
finalized to the satisfaction of Staff and the Municipal Solicitor.
1.5 Staff and the Municipal Solicitor have been working with the legal department at CN and
have achieved a license agreement that meets with both their goals and requirements
and ours except for one clause.
2.0 COMMENTS
2.1 Clause 20.3 of the license agreement (Attachment 2) would require the Municipality to
provide CN with evidence of our insurance coverage, which is not an issue. Rather it is
the 90 day notification for cancellation of insurance that is the issue. Clause 20.3
currently states "such insurance shall not be subject to cancellation except after at least
ninety (90) days' prior written notice to the Railway. If the Licensee fails to comply with
the requirements hereof to obtain insurance, the railway may, but need not, obtain such
REPORT NO.: ADDENDUM TO PSD-118-06
PAGE 3
insurance and keep the same in effect and the Licensee shall pay to the Railway the
premium cost thereof on demand. "
2.2 The Municipality's present insurance provides the insurer with the right to terminate it on
60 (not 90) days notice. Therefore the Municipality cannot provide ninety days notice to
the Railway. In addition, Staff negotiates with our insurers and other companies up until
the final date for renewal to obtain the best coverage and price for the Municipality.
Staff have provided CN with this information and also the assurance that the
Municipality would not be without insurance; which is essentially what CN is attempting
to avoid by including this clause.
2.3 CN will not modify the wording of Clause 20.3 as it is a standard clause in all of their
agreements. There is a potential problem if the Mayor and Municipal Clerk execute the
agreement knowing we can only meet a 60 day not 90 day notification requirement.
2.4 Any loss that CN might suffer if only 60 days notice of termination or cancellation of the
Municipality's insurance policy probably would be negligible. The Municipality can
mitigate any loss by engaging a new insurer or renewing with the existing insurer before
the date of cancellation of the existing insurance policy. As stated previously, the
Municipality will not be without an insurance policy. In addition, the new insurance
policy would have to comply in all respects with the license agreement other than the 90
days notice of cancellation requirement if the new insurer or renewing insurer is
unwilling to agree to giving 90 days notice of cancellation. The Director of Finance will
be requesting that the insurer provide a 90 day cancellation notice in the next round of
negotiations for renewal of the policy which is occurs on July 1, 2007.
3.0 CONCLUSION
3.1 The proposed waterfront trail route (Attachment 3) would eliminate a 5.4 km detour
along Bennett Road, Highway 2, and Cobbledick Road. That route, specifically the 2.9
km section on Highway 2, is not good for pedestrians or cyclists. The unpaved shoulder
of Highway 2, high traffic speed, and turning movements onto the Highway 35/115
ramps are all factors for re-routing the waterfront trail to the proposed location. The
encroachment onto CN lands for the proposed trail is unavoidable. The land owned by
Rice Developments below the bridge where the trail is to be located is approximately 3
meters wide with a 1: 1.5 slope. In order to create a flat plateau to construct the trail it
will need to encroach onto CN land.
3.2 The Director of Finance and Municipal Solicitor have indicated that there are two
options that Council has available:
A) Authorize a new by-law (Attachment 4) for the Mayor and Clerk to sign the
agreement regardless of clause 20.3 knowing that we could be in violation at the
first renewal of our insurance policy; and rescind By-Law 2006-219; or
B) Abandon the proposed re-routing of the waterfront trail and the requirement for
Rice Developments to construct it.
REPORT NO.: ADDENDUM TO PSD-118-06
PAGE 4
3.3 The Director of Finance will request during the negotiations with insurers at the next
policy renewal date, the change of notification from 60 to 90 days.
Attachments:
Attachment 1 - PSD-118-06
Attachment 2 - Proposed License Agreement
Attachment 3 - Map of existing and proposed Waterfront Trail route
Attachment 4 - New By-law for Option A
List of interested parties to be advised of Council's decision:
Rice Developments Inc.
Attach ment 1
To Addendum to Report PSD-118-06
Clw:mgton
REPORT
PLANNING SERVICES
. Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Monday, December 11, 2006
Report #: . PSD-118-06
File No's: PLN 15.12
By-law #:.
. Subject:
LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS
AT MILE 288.9 FOR THE WATERFRONT TRAIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following: .
1. THAT Report PSDc118-06 be received;
2. THAT the license agreements for recreational purposes be entered into with the Canadian
National Railway Company lands at Mile 288.9 under the .access bridge to Wilmot Creek
Retirement Community, Part of Lot 3, Broken Front Concession, former Township of
Darlington; .
3. THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted
license be adopted;
4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize
this license agreement; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision. .
Submitted by:
A, r'i n /I \
Reviewed by: U~-S JIo'..-) ~
Franklin Wu,
Chief Administrative Officer
Da d J. rome, M.C.I.P., R.P.P.
~if
A. S. Cannella, C.E.T. -
Director of Engineering Services
FL'DJC'sh*df
22 November 2006
CORPORATION OF THE MUNICIPALITY OFCLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
632.
REPORT NO.: PSD-118-06
PAGE 2
1.0 BACKGROUND
1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since
that time, the studies carried out by the Municipality, planning decisions and land
acquisitions have advanced the goal of a continuous off-road trail along the Waterfront
in the urbanized areas of Clarington.
1.2 The Municipality has been working with Ridge Pine Park inc. (Rice Developments) to
complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In
the Phase 1 to 5 Amending Agreement for the development, terms were put in place
requiring the developer to design and construct 1.6 km of Waterfront Trail from Bennett
Road to the Cobbledick Road.
1.3 The Municipality as part of the approval for Phase 6, 7 and 8 of Wilmot Creek have
acquired a corridor for the Waterfront Trail adjacent but separate from Wilmot Creek.
Through Lot 3 the corridor is adjacent to the CN Rail lands and north of the tennis
courUlawnbowling centre (Attachment 1). To provide access below Wilmot Creek Drive
overpass it is necessary to route the trail onto CN land adjacent but separate from the
tracks under the overpass.
1 .4 Rice Developments have been in discussion with CN and have obtained approval for
the routing of the trail onto CN lands, providing that the Municipality enter into a license
agreement.
1.5 In May, 2006 Council approved the by-laws for the license agreements with Hydro One
Networks for the waterfront trail immediately east of the Wilmot Creek Drive overpass.
2.0 COMMENTS
2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been
shown on the revised site plans and is the subject of negotiation with the owners of
Wilmot Creek Community, Canadian National Railway Company and the Municipality.
All parties are in concurrence as to the location of the trail, its alignment and
construction details.
2.2 The Municipality will be obtaining the license for the area under the overpass. The
licence area is 0.0154 ha.
2.3 The licence agreement is granted on the provision that the Licensee (the Municipality)
pay the sum of One Dollar ($1.00) plus G.S.T. and in addition $500 plus GST, annually
for a period of 10 years with an option for an additional 10 year renewal of the license.
2.4 The other terms of the licence that Council should be aware of are that the Municipality
would be responsible for any costs that could be incurred by the Railway should a flag
person or other expenditures be required while construction or maintenance by the
Municipality or Railway is necessary. Currently, the Waterfront Trail is being located
REPORT NO.: PSD-118-06
PAGE 3
outside of the limits that a flag person would be required, but over the life of the license
this requirement could change.
2.5 The Municipality must carry Five Million Dollars ($5,000,000.00) in order to indemnify
the Licensor and Hydro One Networks Inc. The Director of Finance has confirmed that
we are in compliance with this condition.
2.6 The license agreement has been reviewed by the Municipal Soiicitor.
3.0 CONCLUSION
3.1 The Municipality has been working towards having the Waterfront Trail off-road,
especially in the more urbanized areas.
3.2 The developer is paying for the construction of the trail as part of the overall
development of Wilmot Creek Lifestyle Community in accordance with the
arrangements with the Municipality. The Waterfront Trail is to be constructed in the
spring of 2007.
3.3 Staff are recommending that the license agreement for recreational purposes be
entered into to provide the missing link of the Waterfront Trail adjacent to the Wilmot
Creek Retirement Community.
Attachments:
Attachment 1 - Map of CN lands and trail location
Attachment 2 - By-law
List of interested parties to be advised of Council's decision:
Rice Developments Inc.
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Attachment 2
To Report PSD-118-06
THE MUNICIPALITY OF CLARINGTON
BY-LA\N NO. 2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Canadian National Railway Company, the owner Part of Lot 3,
Broken Front Concession former Township of Darlington, now in the
Municipality of Clarington, Region of Durham
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail. through these lands, shown in
Scheduie A and described as the rigr"lt-of-way for Canadian National adjacent to the
tracks of the Railway at Mile 288.9 of the Kingston Subdivision;
AND WHEREAS, the owner of the lands have authorized a signing officer to execute a
license for a period of ten (10) years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1 . That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
a Licence Agreement for Recreational Purposes between Canadian National
Railway Company on Part of Lot 3 in Broken Front Concession former Township of
Darlington, now in the Municipality of Clarington, Region of Durham.
BY-LAW read a first time this
11'"
day of December
2006
BY-LA.W read a second time this
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day of December
2006
BY.LAW read a third time and finally passed this 11th day of
December
2006
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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Attachment 2
To Addendum to Report PSD-118-06
Contract #
THIS LICENSE AGREEMENT ENTERED INTO on the_ day of
,20_
BETWEEN:
CANADIAN NATIONAL RAilWAY COMPANY, a corporation having
its head office at 935 de la Gaucheliere Street West, Montreal.
Quebec H3B 2M9
(hereinafter called the "Railwar)
AND:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a bOdy
corporate duly authorized to enter into this Agreement as it
represents, located at 40 Temperance Street Bowmanville, Ontario
L1 C 3A6
(hereinafter called the "licensee")
WITN ESSETH THAT:
The Railway hereby gives permission to the Licensee to construct, maintain and use a pedestrian bridge and
pathway (hereinafter called the "Pathway") along and upon the right-of-way and adjacent to the tracks of the
Railway at Mile 288.90 of the Kingston Subdivision, in the Municipality of C1arington, Province of Ontario, in
the location as shown on the plan (Schedule "A"), annexed hereto and forming part hereof, subject to the
following terms and conditions agreed to by the parties:
1. All costs to construct th.e Pathway shall be paid by the licensee.
2. The Licensee agrees to reimburse the Railway for all direct and indirect costs incurred by the Railway in
association with the Pathway, and undertaken by the Railway, or its designated agents, which are caused
by the construction and/or use of the pathway.
3. The Licensee shall, during the term of this license, repair and maintain the Pathway, at the risk and
expense of the Licensee, to the satisfaction of the Railway. In default of such repair or maintenance, the
Railway may, by notice in writing, direct the Licensee to do or perform the same within 48 hours of
receipt of such notice, which notice should be deemed to be received 48 hours from the time of mailing
by registered mail. Should the licensee fail to comply with such direction, the Railway may dose the
Pathway, do the work and the licensee shall, upon presentation of accounts therefore, pay to the Railway
all costs so incurred.
4. The licensee shall not use, or permit to be used, equipment within the Railway right-of-way without first
advising the Railway and arrange for flagging protection as required by the Railway. Flagging is to be
provided by the Railway at the expense of the licensee. Said advice and protection must be arranged at
least four (4) weeks in advance of starting work. Any damage will be repaired at the expense of the
licensee.
Page 1 of 5
5. The licensee shall, during the term of this license, at the Licensee's own risk and expense, erect and
maintain along the Pathway such other warning signs or protective devices or flagman as the Railway
shall, in its sole discretion, deem necessary or desirable.
6. The licensee shall, at the Licensee's own risk and expense, erect and maintain a six (6) foot high chain
link fence (or an alternative form of barrier acceptable to the Railway or as may be required by a
regulator), placed on the track side of the Pathway, and along the full extent of the Pathway for the
length that the Pathway occupies the Railway's property.
7. The licensee shall not at any time or in any manner interfere with the operation, maintenance or use by
the Railway or others of the Railway's tracks or righHf-way. The Licensee shall not use, or cause or
permit to be used, the Pathway at any time or in any manner so as to affect or interfere with any works or
undertakings (whether of the Railway or otherwise) now or hereafter lawfully upon the Railway's tracks or
right-of-way.
8. The Licensee agrees to indemnify and save harmless the Railway from all damages, claims, injuries,
losses, expenses, and/or any responsibility of whatsoever nature (hereinafter called the "damages'1
arising from or attributable to, whether directly or indirectly, the exercise by the Licensee or othelS, of any
of the rights or priVileges given under this Agreement. The Licensee for itself and others hereby waives
the right to any claim against the Railway and its employees for such damages, except damages caused
by the negligence of the Railway or its employees..
9. Without limiting the generality of Section 8, the Licensee agrees to be responsible for, and to indemnify
and save harmless the Railway from and against all loss and expense of whatsoever nature, which may
occur by reason of pollution/contamination, that is not pre-existing to this agreement, occurring as a
result of this Agreement or anything done in relation thereto. In the event of evidence of
pollution/contamination, the burden shall be with the Licensee to prove that the pollution/ contamination
was not a result of this Agreement or anything done in relation thereto.
9.1. The Licensee shall immediately carry out all measures which the Railway, in its sole discretion,
considers necessary to keep the Works free and clear of all pollution/ contamination (hereinafter
referred to as "Environmental Contamination") resulting from or occurring during the Licensee's
occupation or use of the Railway's lands (hereinafter called the "Demised Premises"), such
conditiOn to be confirmed (at the option of the Railway and at the sole expense of the licensee)
by a post-termination environmental inspection/audit of the Demised Premises to be carried out
by the Railway. The Licensee shall be solely responsible for the cost of all work carried out to
correct any Environmental Contamination which occurs on the Demised Premises, or which
occurs on other lands as a result of the Licensee's occupation or use of the Demised Premises.
9.2. If the Licensee falls to correct any Environmental Contamination to the satisfaction of the Railway
and any public authority having jurisdiction, the Railway may perform such work by its
employees or agents. The Railway may charge the Licensee from time to time for all the costs
incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent
(15%) and the Licensee shall pay the Railway's invoice or invoices for such costs within ten (10)
days of receipt of each invoice. In the event such remedial work is carried out by any public
authority, the cost of such work shall be borne by the Licensee.
Page 1 of 5
9.3. 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 the
termination of this Agreement.
10. As an essential part of the consideration without which the Railway would not be party to this
Agreement, the Licensee accepts the various stipulations herein contained, limiting the liability of the
Railway, and the Licensee also agrees to pay to the Railway, for the rights herein granted, the sum of FIVE
HUNDRED ($500) DOLLARS plus GST per annum, payable in advance at the office of the Railway on each
anniversary of this Agreement for a term of ten (10) years.
11. "The Licensee shall have the option to renew this license on the same tenms and conditions except the
consideration to be paid by the Licensee to the Licensor for the renewal term of the License, by giving
written notice to the Railway not less than sixty (60) days prior to the termination of the term of this
license or extension of the term of it which is then in force. The consideration payable by the Licensee
during the successive ten (10) year periods shall be subject to review for each successive (10) 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 yeariy rate payable during the previous
ten (10) year period. The licensor shall give the Licensee at least thirty (30) days written notice of the
licensee's opinion of the amount of the proposed consideration for the extension of the term of this
license in question, provided that the licensee may give the Licensor written notice before the
termination of the term or extension of the term in force, withdrawing the Licensee's exercise of the
option to renew this license. Failing the giving of the aforesaid written notice by the licensee to the
Licensor, withdrawing the Licensee's exercise of the option to renew, the consideration for the extension
of the term or the extension of the term in question shall be the amount set out in the aforesaid written
notice given by the licensor to the Licensee..
12. The Licensee shall not have the right to transfer or assign, in whole or in part, this Agreement nor any
right arising hereunder without the written consent of the Railway, which shall not be unreasonably
withheld.
13. This Agreement shall continue in force from the date hereof until terminated, at any time, by either party
hereto giving written notice to the other party of not less than thirty (30) days. Should the Licensee
default in carrying out any of the terms and conditions of this License, the Railway may, at its option,
terminate this License forthwith upon giving notice to the Licensee. It is also agreed that the Railway
shall not have to refund to the Licensee any sum payable in advance hereunder. Notice hereunder shall
be effectively given if delivered or sent by registered letter, or facsimile addressed:
To the licensee: MUNICIPALITY OF CLARINGTON
Engineering Services Department
40 Temperance Street, Bowmanville, ON, L1 C 3A6
Attn: Peter Windoll, Manager Park Development
Phone: 905-623-3379
To the Railway: CANADIAN NATIONAL RAILWAY COMPANY
Business Development and Real Estate
1 Administration Road, Concord, ON, L4K 1 B9
Attn.: Ms. Susan Sze
Phone: 905-760-5004, Facsimile: 905-760-5010
Page 3 of 5
14. The Railway may on 30 day notice, terminate this Agreement without cause and without compensation to
the Licensee.
15. Upon the termination of the Agreement, the Licensee shall forthwith, at its own risk and expense, and
within 120 days, close all accesses to the Pathway and remove the Pathway including the footings, deck,
fencing, etc. from the lands of the Railway and restore the Railway's premises to a condition satisfactory
to the Railway. The Railway may, at its option, perform such work at the risk and expense of the
Licensee.
16. It is mutually agreed that, upon notification to the licensee, the Railway may, at its option, acting
reasonably, and at the risk and expense of the Licensee, perform any work or supply any materials which,
in the opinion of the Railway, may be required, and in the event that the Railway does so, the Licensee
shall pay to the Railway the cost and expense thereof, forthwith on receipt of an account therefore from
the Railway.
17. The licensee undertakes to use this Pathway solely as a recreational trail. It is understood and agreed
that the Licensee shall not use the said Pathway for purposes other than that mentioned above, failing
which the Railway reserves the right to close all accesses and remove the Pathway without notice or
delay, atlhe licensee's own risk and expense, as provided for in Article 14 of the present license.
18. This Agreement is confidential and the Agreement or any of its terms and tonditions shall not be disclosed
to any third party, person or association except and to the extent as may be required by law or upon the
prior written consent of all parties hereto.
19. The Licensee will procure and maintain throughout the term of this Agreement or any renewal thereof,
commercial general liability insurance with insurance companies licensed to provide Liability Insurance in
Ontario, protecting both the Railway and the Licensee against liability for the bodily injury and the death
and for damage to or destruction of the property by the Licensee, as well as the exposures contemplated
by Clauses 8 and 9 of this Agreement, with liability coverage in an amount of not less than $5,000,000
per occurrence, and such higher limits as the Railway may reasonably require from time to time. It is
understood that the employees of the licensee shall not be considered employees of the Railway.
20. The insurance provided herein shall name the Railway as an additional insured and shall apply to the
Railway and the Licensee (the Insured) in the same manner and to the same extent as if a separate policy
had been issued to each and shall contain a cross liability clause.
20.1. The licensee agrees that the insurance provided herein does in no way limit the Licensee's
liability pursuant to the Indemnity provisions of the Agreement.
20.2. The Licensee shall have no claim against the Railway or the Railway's insurance for any damage
the Licensee may suffer, except damages caused by the gross negligence of the Railway or its
employees, and the Licensee shall require insurers under the insurance Slated above to waive
any right of subrogation by the insurers against the Railway.
20.3. The Licensee shall provide to the Railway evidence of such insurance having been obtained and
maintained in the form of a certificate of insurance and such insurance shall not be subject to
cancellation except after at least ninety (90) days' prior written notice to the Railway. If the
Page 4 of 5
licensee fails to comply with the requirements hereof to obtain insurance, the Railway may, but
need not, obtain such insurance and keep the same in effect and the Licensee shall pay to the
Railway the premium cost thereof upon demand.
20.4. The Railway Shall not be responsible for the payment of any premiums with respect to such
insurance and shall not be responsible for notifying the insurers of any occurrence or acddent in
or around the land occupied by the Licensee.
IN WITNESS WHEREOF, the parties hereto have executed these presents.
CANADIAN NATIONAL RAilWAY COMPANY
I\PPROVJiD
AS TO FOR,\f
iel{ .
Signature
Printed Name
Title
Witness
Date
CORPORATION OF THE MUNICIPAliTY OF CLARINGTON
Signature
Printed Name
Title
Witness
Date
Page 5 of 5
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Attachment 3
PSD-118-06
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DRAWN BY: E.L
DATE: March 21, 2007
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ADDENDUM TO PSD-118-06
ATTACHMENT NO.3
G:\Attachments\WilmotTraH .mxd
KEY MAP
Attachment 4
To Addendum to Report PSD-118-06
------ ----
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a by-law to authorize the entering into a Licence Agreement with
Canadian National Railway Company, the owner Part of Lot 3, Broken Front
Concession former Township of Darlington, now in the Municipality of
Clarington, Region of Durham
WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail through these lands, shown in
Schedule A and described as the right-of-way for Canadian National adjacent to the
tracks of the Railway at Mile 288.9 of the Kingston Subdivision;
AND WHEREAS, the owner of the lands have authorized a signing officer to execute a
license for a period of ten (10) years;
AND WHEREAS, Council has approved the recommendations contained in Addendum to
Report PSD-118-06;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows;
1. That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
a Licence Agreement between Canadian National Railway Company on Part of Lot
3 in Broken Front Concession former Township of Darlington, now in the
Municipality of Clarington, Region of Durham.
BY-LAW read a first time this
20d
day of
April
2007
BY-LAW read a second time this
20d
day of
April
2007
BY-LAW read a third time and finally passed this
20d
day of April
2007
Jim Abernethy, Mayor
Patti L_ Barrie, Municipal Clerk
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