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HomeMy WebLinkAbout2007-156 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-156 Being a By-law to authorize the execution of a Responsibility Agreement between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham for the operation and maintenance of the sanitary sewer forcemain on Rudell Road and Regional Road Highway 2. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-046-07, including the recommendation that the Corporation of the Municipality of Clarington enter into a Responsibility Agreement with The Regional Municipality of Durham for the operation and maintenance of the sanitary sewer force main on Rudell Road and Regional Road Highway 2. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are hereby authorized to execute a Responsibility Agreement between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham. BY-LAW read a first and second time this 25th day of June, 2007. BY-LAW read a third time and finally passed this 25th day of June, 2007. ~ \.--- .-------- Jim e~ RESPONSIBILITY AGREEMENT This Agreement is dated the 6th of March, 2007 BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a corporation duly incorporated under the laws of the Province of Ontario ("Clarington") - and - THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") WHEREAS: (a) Clarington intends to construct a Recreation Centre on the west side of Rudell Road, south of Regional Highway NO.2 in the Regional Municipality of Durham which is legally described as: Part of Lot 31, Concession 1, Township of Clarke, now in the Municipality of Clarington, designated as Part 1 on Expropriation Plan DR.302420 save and except Part 1 on Reference Plan 40R.24713 and Part 3 on Reference Plan 40R-22560 in the Regional Municipality of Durham. (the "Property"); (b) The Recreation Centre will include a swimming pool, which will discharge filter backwash and pool drainage to the sanitary sewer system, at a peak rate of approximately 19.8 lis which will be in addition to the sanitary sewer discharge from the facility, estimated to be 6.3 lis. (c) A 250 mm diameter sewer exists on Massey Street ("existing sanitary sewer") with sufficient spare capacity to accept the (19.8 lis) discharge from the swimming pool. Clarington wishes to construct a private pumping station on the site with a private forcemain. (d) Clarington wishes to construct the private pumping station at the Recreation Centre with a private forcemain on Rudell Road and Regional Road No.2, to convey the sewage from the Recreation Centre to the Region's existing sanitary sewer on Massey Street. (the "System"); (e) Clarington and the Region wish to enter into this Agreement to ensure that Clarington will bear full financial responsibility, in perpetuity, for the design, construction, operation and maintenance of the System Responsibility Al!feement Page 2 NOW THEREFORE Glarington and the Region for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, mutually covenant and agree as follows: DESIGN AND CONSTRUCTION 1. Glarington shall be responsible for the preparation of all Plans detailing the design of the System and shall be responsible for obtaining and maintaining all necessary approvals, permits and licenses for the design, construction, operation and maintenance of the System and any alterations to the System. Glarington shall construct the System in accordance with the approved Plans which are described as: The Newcastle Multi-Use Recreation Gomplex Pool Forcemain, General Plan. Project Number: 1 0-06603, Drawing Number: G1 2. Glaring ton shall own, operate and maintain the System and shall have full control and management thereof. 3. The Region shall not have any obligation or responsibility in any way to provide. operate, maintain, repair, replace or guarantee any facility or equipment required for the System or any part thereof. 4. Glarington upon providing reasonable notice to the Region may, at its expense, decommission or remove the System. . 5. Glarington shall comply with all Applicable Laws in the operation and maintenance of the System. 6. Glarington shall be responsible for 100% of all costs and expenses directly or indirectly related to the design, construction, approval, operation, maintenance, monitoring, repair and replacement of the System and other matters to be provided by Clarington pursuant to this Agreement without any contribution whatsoever from the Region. REGISTRATION 7. Clarington shall ensure that upon the signing of this Agreement, this Agreement and a reference plan outlining the construction area shall be registered against title to the Property, for which Clarington shall bear the full legal fees and registration costs. 8. Glarington shall not make any application or permit or authorize any person to make an appiication to remove this Agreement from title to the Property. ResJlonsibilitv A.reement Pa.e 3 TERM OF AGREEMENT 9. The term of this Agreement shall commence on the date that it has been executed by both parties and shall continue in perpetuity unless terminated on the consent of both parties. SUCCESSORS AND ASSIGNS 10. This Agreement shall not be assigned by Clarington without the prior approval of the Region. 11. This Agreement ensures to the benefit of and binds the parties and their respective successors and permitted assigns. TRANSFER 12. Clarington shall not dispose of or transfer its interest in the whole or any part of the Property without notice to the Region. 13. Clarington acknowledges that the System is not a public system and that there is no intention that the System will become a public system. AMENDMENTS 14. No amendment to this Agreement shall be effective unless it is in writing and signed by both the Region and the Owners. ARBITRATION 15. Any dispute, difference, issue or question arising between Clarington and the Region or between or amongst the Region and any successor owner(s) which concerns or touches upon the validity, construction, meaning, performance or effect of this Agreement, shall be referred to and resolved by arbitration in accordance with the Arbitration Act, 1991, 5.0. 1991, c.17. The arbitration decision shall be final and binding and shall not be subject to appeal under any circumstances (whether with respect to a question of law, a question of fact, a question of mixed fact and Jaw, or otherwise). FURTHER ASSURANCES AND ADDITIONAL OBLIGATIONS 16. Clarington shall promptly and duly execute and deliver to the Region such further documents and assurances, and take such further action as the Region may from time to time request in order to more effectively carry out the intent and purpose of this ., ReSDonsibilitv Agreement P.2e 4 Agreement and to establish and protect the rights, interests and remedies intended to be created in favour of the Region. IN WITNESS WHEREOF Clarington and the Region have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: THE REGIONAL MUNICIPALITY OF DURHAM Pe'~~____ Rog r Anderson, Regional Chair per:~ P. M. Madill, Regional Clerk LRO # 40' Notice Under 5.71 Of The Land Titles Act ~ Receipted as DR633412 on 20070810 yyyy mm dd at 15:46 Page 1 of 3 The applicant!s) hereby applies to the Land Registrar. I Properties PIN Description 26661 - 0864 L T PT L T 31 CON 1 CLARKE PT 1 ON EXPROPRIATION PL DR302420, CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM SAVE AND EXCEPT PART 1, PLAN 40R-24713 AND PART 3, PLAN 40R-22560 CLARINGTON ~ Redescription Address I Consideration Consideration $ 0.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE REGIONAL MUNICIPALITY OF DURHAM Address for Service 605 Rossland Road East Whitby, Ontario L 1N 6A3 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation THE REGIONAL MUNICIPALITY OF DURHAM BY ROGER ANDERSON, REGIONAL CHAIR AND P.M. MADILL, REGIONAL CLERK. I Party To(s) Capacity Share Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Bowmanville, Ontario L1C3A6 This document is being authorized by a municipal corporation THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY JIM ABERNETHY, MAYOR AND PATTI L. BARRIE, MUNICIPAL CLERK. This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By Karen Anita McCullough 605 Rossland East Box 623 Whitby L1N6A3 acting for Applicant(s) Signed 200708 10 Tel 905-668-7711 Fax 9056684752 I Submitted By REGION OF DURHAM LEGAL DEPARTMENT 605 Rossland East Box 623 Whitby L1N 6A3 2007 08 20 Tel 905-668-7711 Fax 9056684752 I FeesITaxeslPayment Statutory Registration Fee $60.00 Total Paid $60.00 LRO # 40 Notice Under 5.71 Of The Land Titles Act " Receipted as DR633412 on 20070810 yyyy mm dd The applicant!s) hereby appiies to the Land Registrar. I File Number Appiicant Ciient File Number: AGT-19-07 at 15:46 Page 2 of 3 Land Titles Act Application to register Notice of an Unregistered estate, right, interest or equity Section 71 of the Act To: The Land Registrar for the Land Titles Division of Durham No. 40 I, Cindy Boyd, am the solicitor for The Regional Municipality of Durham. I confirm that the applicants have an unregistered estate, right, interest or equity in the land described as PIN 26661-0864 (L T). The land is registered in the name of The Corporation of the Municipality of Clarington, and I hereby apply under Section 71 of the Land Titles Act for the entry of a Notice in the register for the said parcel.