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Home My WebLink About82-140 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82-140 being a by-law to authorize the entering into of an Agreement with the Canadian Pacific Railway Company The Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to enter into an Agreement with the Canadian Pacific Railway Company for the construction and maintenance of a twenty-four (24) inch diameter storm sewer, three (3) manholes and one (1) catch basin, at Mileage 163.63, Belleville Subdivision, to serve the Cean Investments (Oshawa) Limited High Street subdivision. 2. THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 18th day of October 1982 BY-LAW read a second time this 18th day of October 1982 BY-LAW read a third time and finally passed this 18th day of October 1982 G. D. " ~ ~o .l/~ -Jog L lBl~Jip. ._-_0.~_:_._.'/k___,.i6..q......_......_. B -SuppltmentM letters Palms ilia nama ,dian PeOft Raih ay Company" has R been chw%ed, and such name wherever appearing herein shall bo read as "Canadian P Paclr;c lltt►fta". FILE Nu: 163.63 Ava Belleville .Subdivisi Oft Canadian ac' c Railway AGREEMENT FOR THE LAYING OF PIPE LINES. WATER PIPES. SEVERS, CONDUITS, ETC.. UNDER RAILWAY LANDS. CANADIAN PACIFIC APPROVED Superintendent Reg. Engineer Asst. to V.P. THIS AGREEMENT made .in triplicate this 26th day of May , 19 82, BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called the "Railway Company", of the First Part; and CORPORATION OF THE TOWN OF NEWCASTLE, Hampton, Ontario, hereinafter called the "Applicant", of the Second Part; Location WHEREAS the Applicant has applied to the Railway Company for permission to construct and maintain under railway lands a twenty- four (24) inch diameter storm sewer, three (3) manholes and one (1) catch basin at Mileage 163.63, Belleville Subdivision - - - - - - - - - - - - - - as shown on the plan hereto attached, dated the 29th day of September , 19 .81 , which plan is hereby declared to be part of this agreement. NOW THEREFORE THIS AGREEMENT WiTNESSETH and it is hereby agreed by and between the parties hereto as follows: Designation 1. That for the purpose of this agreement the said 24" diameter stow sewer, 3 manholes and 1 catch basin shall be known and designed as the "said works". Construction, 2. That the Railway Company hereby permits the Applicant to maintenance construct, maintain and repair the said works under the Railway NW f0pair Company's lands and railway as aforesaid subject to aDd in accordance with the rules and regulations of the Canadian Transport-Commission now made or which may hereafter be made in reference thereto, and to the terms and conditions of this agreement . , Mork of supporting tr ac Its Pt*MMut d signs supsrvis" 3. That any work of supporting the Railway Company's tracks or structures or of protecting train movements made necessary by the construction,maintenance or repair of the said works shall be performed by the Railway Company and the Applicant shall pay to the Railway Company the entire cost of all such work forthwith upon receipt of certified accounts therefor on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the Railway Company. 4. As directed by the Railway Company or required by the appli- -able Commission Order, that the Applicant at its own expense shall install and maintain at locations satisfactory to the Railway Company, signs prominently marking the said works S. That the work of construction, renewal and repair of the said works shall be subject- to the supervision of a representative of the Railway Company whose instructions shall be strictly followed and whose wages and expenses shall be paid by the Applicant, but the Applicant shall not thereby be relieved from any of its obligation under this agreement. The Applicant shall give to the local Superintendent of the Railway Company at least forty-eight hours' notice in writing of intention to do such work, which notice period shall not be deemed to inctuae. Saturdays, Sundays, and statutory holidays. When construction, renewal or repairs have been completed. the property of the Railway Company shall be restored by the .applicant to its former condition, and the Applicant shall at all times maintain the said works in good order and condition and to the entire satisfaction of the Railway Company. indeflody 6. That the Applicant shall at all times wholly indemnify the the Railway Company from and against all loss, costs, damage, injury and expense to which the Railway Company may be put by reason of any injury or damage to persons or property caused by the said works or by any substance being carried in the said works or by any works herein provided for, or by the imprudence, neglect or want of skill of the employees or agents of the Applicant in connection with the laying, maintenance, renewal, repair, moving, altering or removal of the said works,or the use thereof ,unless the cause of such loss,cost, damage, injury or expense can be traced elsewhere, the burden of proof whereof shall be upon the Applicant. Ai Alcant's 7. That subject to and in conformity with any rules or regulations r..,ptoyeas on now or hereafter in force governing railway employees,or the operation Raitomwwa y. of railways, the Applicant and the agents and employees of the Appli- pemises cant shall have the right to enter upon the lands of the Railway Company at such times as may be necessary for the purpose of the construction, maintenance, inspection, removal and repair of the said works herein contemplated; and that all persons so entering upon the lands of the Railway Company shall assume all risks of and the Railway Company shall not be liable for any injury (including injury resulting in death) loss, damage or expense to such person or his property while on the lands of the Railway Company, and the Applicant shall indemnify and save harmless the Railway Company against all claims and demands arising or resulting from any injury (including injury resulting in death) loss, damage or expense in connection therewith. Default d• That if at any time during the continuance of this agreement the Applicant shall neglect to do such work of repair or maintenance as in the opinion of the Railway Company is necessary, the Railway Company may carry out such work of repair or maintenance itself as agent of the Applicant, and- the Applicant shall pay to the Railway Company the entire cost of all such work forthwith upon receipt of certified accounts therefor on the basis of-cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the Railway Company. Taxes 9. That the Applicant shall indemnify the Railway Company from and against all taxes or assessments of any description whatsoever levied by any authority in respect of the said works herein contemplated. Fee 10. That the Applicant shall'pay to the Railway Cbpp6n °"as c—pn pensation ,for the -- permission hereby granted, the sum of-SeventYl Dollars ($70.OM- per armtan, in advances cn the 1st day of June in each year, during the continuance of this agreement,, p that on the tezminatian of this ,agreement by either party hereto during any contract Year, there shall be no prorata adjustment of tsuch San., 1 A documentation fee of $50,00 in addition to, the first year rental, ;is parable by the'Applicant on receipt of a fully executed copy of, the Agreement. Subsequent rental to be $70.00 per ammn _ Moving a 11. That should the Railway Company at any time desire, or be alteration ordered by the Canadian Transport Commission, or other authority having jurisdiction, to make such changes in the Railway Company's tracks, structures or facilities as would in the opinion of the Railway Company necessitate the moving or alteration of the said works herein -- contemplated, or should the Railway Company desire to build on the property crossed by the said works, or use it for any other purpose, or deem it necessary in order to protect its tracks, sirmccures or property to make any change in the location or construction of said works, the Applicant shall at Its own expense and to the-entire satisfaction of the Railway Company perform all such work of moving or altering or carrying our protective measures to safeguard the said works as may be necessary within one month after receipt of notice so to do,and should the Applicant fail to perform such work of moving or altering within the time specifii:d the Railway Company shall have the right to do such work as agent of the Applicant and the Applicant shall pay to the Railway Company the entire cost of all such work forthwith upon receipt of certified accounts therefor on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the Railway Company, and all the provisions of this agreement shall apply to the said works while being moved or altered and in their changed condition or location and to the parties hereto in respect thereof. Assignment 12. Tnat the Applicant shall not assign, transfer or dispose of this agreement or of the rights and privileges conferred thereby,without the consent in writing, first obtained, of the Railway Company. Termination 13. That this agreement shall continue and be in force for a period of one (1) year from the date hereof, and from year to year thereafter, subject, however, to termination at any time by either party giving to the other party a written notice naming therein a date at least three (3) months from the giving of such notice upon which this agreement shall terminate and on the day so named in such notice this agreement and all rights and privileges thereunder shall come to an end, provided that notwithstanding such termination the Applicant shall continue to be liable to the Railway Company for all payments due and obligations incurred thereunder prior to the date of such termination. The notice above mentioned may be given by mailing it postage prepaid and registered, addressed to the Superintendent of the Railway Company in the Division in which the said works is located, or to the Applicant at the address mentioned above. Agreement 14. That this agreement shall, subject to clause 12 hereof, enure binding to the benefit of and be binding upon the parties hereto,the successors success«s and assigns and assigns of the Railway Company, and the heirs, executors, admin- istrators, successors and assigns of the Applicant. Removal of 15. And that upon the termination of this agreement the Applicant works shall, if requested by the Railway Company so to do, remove at the expense of the Applicant the said works from the lands of the Railway Company, and restore the property of the Railway Company to its original state and condition; provided that the Railway Company may, at its option, perform such work as agent of and at the expense of the Applicant and in either case,the conditions embodied in paragraphs 6 and 7 hereof shall remain applicable and effective until such time as all work to be performed by the Applicant or by the Railway Com- pany as agent of the Applicant as provided for in this clause shall have been carried out to the entire satisfaction of the Railway Com- Pany. IN WITNESS whereof the parties hereto have executed these presents. CANADIAN PACIFIC RAILWAY COMPANY. Vice-President. Assistant-Secretary. Applicant: CORPORATION OF THE TOWN OF NEWCASTLE, CYiair-mn, Clerk. 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