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Home My WebLink About93-198 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93- 198 Being a By-law to authorize the execution of an Agreement between The Corporation of The Municipality of Clarington and the Ministry of Transportation Ontario THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY 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, an agreement between the Ministry of Transportation Ontario and the Municipality. 2 . THAT the agreement attached hereto as Schedule "A" forms part of this By-law. BY-LAW read a first and second time this 13th day of December, 1993. BY-LAW read a third time and finally passed this 13th day of December, 1993. MAYOR CLERK i i ATTACHMENT A. �4\z Rent/Purchase Agreement THIS AGREEMENT made in triplicate • / BET_WE.EN :•- . - HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, hereinafter called "the Ministry, OF THE FIRST PART, " and - THE MUNICIPALITY OF CLARINGTON hereinafter called `the-Road Authority', r OF THE SECOND PART.. WHEREAS: (1) the Road Authority requires the use of a temporary modular bridge and components owned by the Ministry (`the bridge") for the purposes identified in Schedule "A; (2) for the purposes of this agreement, "Road Authority' includes GO Transit; (3) the Ministry requires the Road Authority to comply with the terms and conditions of this agreement. WITNESSES that in consideration of the premises and other good and valuable consideration; the Ministry and the-Road Authority mutually agree as follows: 1. The Road Authority shall•proyide the following information as requested by the Ministry;. (1) end user identification; (2) the exact location of the bridge site including the site number, if available; - (3) -the expected date of return of the bridge; (4) the bridge drawings stamped by a professional engineer, (5) date the bridge is required; (6) 'shipping details, including the name, telephone and fax numbers of the contact person of the Road Authority; (7) the responsible.cost centre and project number, if applicable; (8) bill of materials authorized by the Head of the Structural Section Of-the Region of the Ministry of Transportation where-the site is located; and (9} a separate bill of materials for both launching and delaunching of the,bridge, the bill to be authorized by the Head of the Structural Section of the Region of the Ministry of Transportation where the site is located. 2 The Road Authority shall address all requests for the release of a bridge or individual components of a bridge to the TM Modular Bridge-.Yard Coordinator, District Number 14, New Uskeard; 3. No bridge will be released without the prior approval of the Regional Director of the Region of the Ministry of Transportation where the site is situated; 1 4. No individual components for maintenance of a bridge will be released without the prior approval of the District -J Engineer of the District of the Ministry of Transportation where the site is situated; Directive QST B-20 j 7 Revised December 01, 1994 unusable due to rus', 15. Bridges may be any one or more of the following: (1) existing bridges provided by the Ministry for Road Authority use and located on Road Authority road systems; (2) emergency installations provided to a Road Authority without charge for a period of two (2) years or as otherwise approved by the Regional Director for the Region of the Ministry of Transportation where the site is situated; . (3) installations for detours and other temporary-installations; and (4) permanent installation, 16. Bridges are the property of the Ministry and are subject to retrieval, rent or disposal as.provided in this agreement; 17. Ministry policy requires that; (1) the Ministry will charge resit after the due date any Road Authority is,required to return an emergency bridge, the rental payments to be calculated in accordance with Schedule "B"-(B1) to this agreement; (2) after the year 1992, rent for any bridge provided by the Ministry of Transportation to a Road Authority for ' detours and other temporary installations shall commence on the date,or, if applicable,two (2) years after the date, the bridge and components are picked up by the Road Authority, the rental payments to be _ calculated in accordance with Schedule "B"-(B1) to this agreement; (3) in the unlikely event the Ministry provides a bridge for permanent installation, the Road Authority shall pay the current replacement value of the components; (4) on receipt of a written. notice given'by the Ministry of Transportation to any Road.Authority using any existing bridge located on a Road Authority road system before the year 1993, the Road Authority (a) shall give the Ministry a written undertaking to return the bridge not later than two (2) years from the date of the notice; (b) shall enter into a written agreement with the Ministry of Transportation to purchase the bridge within two (2)years of the date of notice, the purchase price to be calculated in accordance with Schedule "B"-(B2) to this agreement;-or if the bridge was supplied before 1974, the purchase price shall be $1.00; (c) shall enter into a written agreement with the Ministry of Transportation to rent the bridge from the Ministry with rental payments to commence two (2) years from the date of the notice, the rental payments to be.calculated in accordance with Schedule "B"-(B3) to this agreement; 18. The agreed upon amount of rent/purchase of the bridge is attached to this agreement and identified as 1 . Schedule `C. 19. In addition to the other requirements of this agreement, if the Road Authority leases the bridge or components of the bridge, the Road Authority shall (1) pay the applicable rent at the times and places required by the Ministry; (2) if the bridge is not already in place, erect the bridge (a) subject to any directions the Ministry may have; and (b) at the cost and expense of the Road Authority; (3) comply with the requirements of every applicable statute, law, by-law, regulation, ordinance and order (a) at any time in force.during the term; and- (b) affecting the condition, equipment, maintenance,use-or occupation of the bridge and disposal of any components; (4) except with the written approval of the Ministry, not use or'suffer or permit the use of the bridge or its components for the purpose of displaying signs, notices or advertising material; (5) not assign, sublet or part with possession of the bridge; (6) maintain public liability and property damage insurance in compliance with the requirements of Ministry policy, ��...✓✓✓ (7) identify and save harmless the Ministry of and from ail manner of actions, causes of action, suits, claims Directive CST B-20 j, g Revised December 01, 1994 I k THIS AGREEMENT shall enure " she benefd of and be binding upon the' arties hereto and their respective successors and assigns. -IN WITNESS WHEREOF this agreement is executed for the Minister of Transportation of the Province of Ontario, ' and where applicable, the Road Authority has hereunto affixed its Corporate Seal under the hands of its proper officers duly authorized in that behalf. DATED AT this day of i 9 MINISTRY OF TRANSPORTATION i Regtonal Director, Region, pursuant to delegated authority DATED AT this day of i9 X 0"L't • Q i Per: fitness Authorized Signatory for the Road Authority 3 Directive QST.B-20 t s. 11 Revised December 01,•1994 \ 4 SCHEDULE B ,1 ! B1. Rent Based on Current Replacement Value of TM Bridge The rent based on the current replacement value of the TM bridge shall be paid at the end of each year for a period of 20 years or until the bridge is returned, whichever comes first, and shall be calculated as follows: Rent = [(5% for depreciation'+ current prime interest rate) current replacement value] B2. Depreciated Value of TM Bridge The depreciated value of the TM bridge shall be calculated as follows: Depreciated Value =[(1 - 5% n) Current replacement value] ` ) Where n = number of years the bridge has been in'service at the site . I B3. Net Value of TM Bridge The net value of the TM Bridge shall be calculated as follows: Net Value --,.Depreciated Value - normal subsidy* * Normal subsidy is the subsidy that could be received under normal Municipal funding policies. B4. Rent Based on Depreciated Value of TM Bridge . The rent based on the depreciated value of the TM bridge shall be paid at the end of each year for a period of (20-n) years, where n is the number of years the TM bridge has been in service at the site, or until the bridge is returned, whichever comes first, and shall be calculated as follows: }} Rent = [(5% for depreciation + current prime interest rate) depreciated value] J J Directive QST 13-20 13 Revised December 01, 19J4 J4