AGREEMENT PV-7458

R.E. 22 3/82

FILE NO, CA.110.05P Canadian Pacific Limited AGREEMENT FOR THE LAYING OF PIPE LINES. WATER PIPES. SEWERS. CONDUITS, ETC... UNDER RAILWAY LANDS.

THIS AGREEMENT made in triplicate this lst day of Marcn J198S

BETWEEN: CAMADIAN PACIFIC LIMITED. heremafter called the “Railway Company”,

APPAOVED of the First Part.

CORPORATION OF THE CIty oF PoR#4 coouITLAM

saenenrvenstccvescocens

hereinafter calied the “Applicant”,

er desencasesaensgeaonas of the Second Part: Asst. Wo Vion, Pres,

{ecation WHEREAS the Applicant has applied io the Railway Company for permission to construct and riain:ain under railway landsaiSOmm gPvc sanitary force main through a 350 mm g@ steel casing pipe at mile 110.05 Cascade Subdivision.

as shown on the plan hereto attached, dated the : day of April .19 97. which plan is hereby declared to be part of this agreernent.

NOW THEREFORE THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as follows:

1. That for the purpose of this agreement the said Sanitary force main and casing pipe "shall be known and designed as the “said works”.

2. That the Railway Conipany hereby permits the Applicant to construct, maintain and repair the said works under the Railway Company's fands and railway as afcresaid subject to and in accordance with the rules and regulations of the Canadian Transport Commission now made or which may hereafier be made in reference thereto, and to the terms and conditions of this agreement

Werk of supperting 3. That any work of supporting the Railway Company's tracks or structures or of protecting train movements’

tresks made necessary by the construction, maintenance or repair of the said works shail 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 '‘ herefor 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 te currenily applicable on the Railway Company. ;

Placement al sigus 4. Asdirected by the Railway Cornpany or required by the applicable 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 ana their distance underground.

Sagervision $. That the work of cunsiruction, renewal and repair of the said works shall be subject to the supervision of a representative of the Railway Company whose instructions shail be strictly followed and whose wages and expenses shall be cud by the Applicant. but the Applicant shall not thereby be relieved from any of its obligations under this agreemer The Applicant shall give to the local Superintendent of the Railway Company at least forty-eight hours’ notice in titing of intention to do such work, which notice period shall not be deemed to include, 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 entre satisfaction of the Railway Company.

ledemntty 6. That the Aoplicant shall at all times whally indemnify 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: untess the cause uf such Joss, cost, damage. injury of expense can be traced elsewhere, the burden of proof whereof shall be upon the Applicant.

Agpilezat's ? That subject to and in confirmity with any rules or regulations now or hereafter in force governing ratlway Ralluey oa employees. or ne aperation of railways. the Applicant and the agents and employees of the Applicant shall have the Company's night to enter upon the lands cf the Rutlway Company al such Umes as may be necessary for the purpose of the premises CONSIFUCHON, Mmuintenance. inspection, removal Se of the said works herein contemplated: and that ull persons So entering upon the lands of the Railway otrpany shall assume all risks of and the Railway Company shall not be lable for any injury (including injury resulting im deain) loss. damage or expense to such person or his