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HomeMy WebLinkAbout93-158 r i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- 158 Being a By-Law to authorize the entering into of an agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. WHEREAS, the Council of the Corporation of the Municipality of Clarington, pursuant to c.M.45, s.271, of the Municipal Act R.S.O. 1990, as amended, deems it expedient to authorize the entering into of a Boundary Road agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. NOW THEREFORE, the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's Seal, a Boundary Road Agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope, attached hereto as Schedule "A" and forming part of this by-law providing; a) An undertaking by the Corporation of the Municipality of Clarington for the maintenance of the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope; b) An undertaking by the Corporation of the Township of Hope for maintenance of the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope; c) The term of the agreement shall not exceed ten (10) years from the date of its execution by the later of the two municipalities to execute it; d) Any major work or proposed construction on any portion of the Boundary Road be consented to by resolution of the Council of each party; e) Each party agrees to indemnify and save harmless the other from any loss or damage arising from the want or repair of their respective portions of the Boundary Road; and f) The agreement, together with certified copies of the by- law of the Council of each party authorizing the entering into of the agreement, shall be registered in the Land Registry Office. 2 - 2. That this by-law and the agreement attached hereto as Schedule "A" and map attached hereto as Schedule "B" be registered in the Land Registry Office. BY-LAW read a first and second time this 12th day of October, 1993. BY-LAW read a second time and finally passed this 12th day of October, 1993. IANE HAMRE MAYOR �24 PAT I B IE CLERK DYE&DURHAM CO.INC.—Form No.985 Amended NOV.1992 P',;v i'nce Document General 1 6fntario Form 4—Land Registration Reform Act (1) Registry Land Titles ❑ (2) Page 1 of pages (3) Property Block Property Identifler(s) Additional: See F-1 Schedule (4)Nature of Document Additional: Sc u h le Lo BOUNDARY ROAD AGREEMENT A 'V 49 (S—tonn ?71 Of the MlInicival Act) A U n TWO A A/ CS12 (5)Conbideration C_ R A 3 z 0 ca Not Applicable Dollars$ D W 0) D (6)Description W U. LL 0 The Boundary Road between the Municipality of q: 0 Clarington (Geographic Township of Clarke) and the Township of Hope lying between the northerly and southerly limits of the Township of Hope, Regional New Property Identifiers Additional: Municipality of Durham. See Schedule ❑ Executions (7)This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional see ❑ Contains: Plan/Sketch ❑ Description M Parties ❑ Other IT5 Schedule l 01(8)This Document provides as follows: Certified Copy of By-law 93-158 of The Corporation of the Municipality of Clarington. Certified Copy of By-law 3399 of The Township of Hope- Boundary Road Agreement made between the Corporation of the Municipality of Clarington and The Corporation of the Township of Scugog made the 12th day of October, 1993. Continued on j Schedule El 0 �(q)This Document relates to instrument number(s) 7 (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D THE CORPORATION OF THE MUNICIPALM*OF CLARINGTON . . . . . . gy: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104: by its solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nicjh0IjK T.NjAcos . . . . . . SHIBLEY RIGHTON . . . . . .per Nicholas T..-Macos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)Address for Service 40 Temperance Street, Bowmanville, Ontario, LlC 3A6 (12) Party(ies) (Set out Status or Interest) Date of Signature Name(s) Signature(s) y M D THE CORPORATION OF THE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'tb)�NSkij� OF*S C* U* *G' 6G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: Fees and Tax _j Z 0 Registration Fee W SHIBLEY, RIGHTON Cn Not Assigned Suite 1800 W 401 Bay Street u_ 2 U. Toronto, Ontario, M5H 2Z1 0 Attn: Nicholas T. Macos 0 U_ Total .0 �a' FORM 15 - THE REGISTRY ACT DECLARATION (Under Section 25 of the Act) I, Nicholas T. Macos of the City of Toronto, Municipality of Metropolitan Toronto do solemnly declare that I am a solicitor acting on behalf of The Corporation of the Municipality of Clarington, which is a party to the attached Boundary Road Agreement between The Corporation of the Municipality of Clarington and The Corporation of the Township of Hope made the 12th day of October, 1993 pursuant to By-Law 93-158 of The Corporation of the Municipality of Clarington and By-Law 3339 of The Corporation of the Township of Hope which affects the following lands: K ' (also k.nawn of �-'(e Bou�a�a �r lQoo.� � ttowa—C'C-) The Boundary Road^between the Municipality of Clarington (Geographic Township of Clarke) and the Township of Hope lying between the northerly and southerly limits of the Township of Hope, Regional Municipality of Durham. I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the ) City of Toronto, in the ) Municipality of Metropolitan ) Toronto this 1k day ) of November, 1994. ) -7- „! ) Nicholas T. Macos A Commissioner, Et . 'THE O'vt;PTOV Of 114E 1.p"NO M IHIS IP!S7TF.UN]REGISTRY NOT CO's"PLY WITH THE RFT-)i AT1 PAS �."+�D':R THE ACT. A REFEREN'Cc- FF.AN 1h'ILL BE RECTREu TO THIS LAND IN SUBSEQUE "T RECI.-P TI07j" y 3T THE CORPORATION OF THE TOWNSHIP OF HOPE BY-LAW 3399 A BY-LAW TO AUTHORIZE THE EXECUTION OF A BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF HOPE AND THE MUNICIPALITY OF CLARINGTON . WHEREAS the Council of the Corporation of the Township of Hope have agreed on the terms of the Agreement; AND WHEREAS the said terms have been settled and are contained in the schedules hereunto annexed; NOW THEREFORE the Council of the Corporation of the Township of Hope ENACTS as follows : 1 . That the entering into the terms of the Boundary Road Agreement is hereby approved and authorized . 2 . That the Reeve and Clerk be and they are hereby authorized and directed to sign the Agreement and to affix to it the Corporate Seal of the Corporation of the Township of Hope . READ A FIRST and SECOND TIME , in open Council this .-2 / day of 1993 . Ian W.M. Angus , Reeve • . . • . . Frances Aird, Clerk READ A THIRD TIME, and passed in open Council this day of 1993 . .(. . . .4�'�•S.�tom.��`��'`,"`--�-.�'G'�-';:�.: . . . . . . . Ian W.M. Angus , Reeve I, Frances M. Aird, Clerk of the Township of Hope do hereby certify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this to be a true copy of By-law Frances Aird , Clerk 3399 passed in open Council the 21st day of December, 1993. Frances. M. Aird, Clerk i ,B.y-law 3399 Pg 2 of 5 V Schedule "A" BOUNDARY ROAD AGRI TMEN`C 13ETWEEN .THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE `l'OWNSI-IIP OF HOPE WHEREAS The Boundary Road is a public right-of-way forming a boundary between the Corporation of the Municipality of Clari.ngtorn and the Corporation of the Township of Hope . AND WHEREAS The Corporation of the Municipality of Clarington and the Corporation of the Township of Hope have agreed to provide for its maintenance and repair by entering into this agreement . NOW, THEREFORE this agreement witness that the parties hereto do covenant and agree as follows : 1 . That the Corporation of the Municipality of Clarington at its expense, shall maintain the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope during the entire year . 2 . That the Corporation of the Township of Hope , at its expense , shall maintain the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope during the, entire year . 3 . That the ordinary road maintenance shall be performed in accordance with the Ministry of Transportation guidelines . Ordinary maintenance shall include grading, ditching, salting , snow-fence, signing, culvert maintenance , and roadside maintenance and shall be done without sharing cost . 4 . That the original installation of entrance culverts will be the responsibility of the municipality in which that lot is registered . The cost incurred for original installations will be charged to the property owner . That the location of the entrance culverts shall be mutually agreed upon by a representative of the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope . 5 . That work projects , such as surface treatment and level railroad crossing improvements , that cannot be considered as normal maintenance shall be presented to each Council on or before March 30th of any year for consideration and .Final approval . If the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration . 6 . That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six ( 6 ) months in advance for consideration and final approval by resolution . S.Scherdule "A" Pg . 3 of 5 By-law ' 3399 That if the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration . 7 . That by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of roadway that it has undertaken to maintain . That the adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty ( 30 ) days prior to approval by the governing Council . The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities . That if the adjoining Corporation, after objecting to a proposed By-law amendment , fails to agree the same shall be determined by arbitration . That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory warning and street name signs of -the intersecting road . 8 . That in the event that a subdivision development occurs on either side of a Boundary Road and works related to the subdivision are required pursuant to the terms of the subdivision agreement , the municipality that has entered into the subdivision agreement may perform the works contemplated therein on the Boundary Road without the consent of the other municipality provided such other municipality is given notice of such proposed work prior to the execution of the subdivision agreement and provided the proposed work is undertaken at no expense to the municipality which is not. a party to the subdivision agreement . 9 . That cost incurred regarding the maintenance of railway crossings is to be shared equaIIy by the adjoining Municipcliti.cs . 10 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 11 . That each party agrees to indemnify and save harmless the other from any loss or damage arising from the want of repair for the portion of the boundary road which each party has agreed to maintain and repair in accordance with this agreement and for the term of this agreement . 12 . That nothing in this agreement shall derogate from the responsibility of either municipality to do such work as is necessary in order to fulfil any obligation imposed by c . M. 45 , s . 271 , of the Municipal Act R. S . O . 1990 , as amended . in the event that either party is obligated to make such an expenditure it shall be reimbursed upon demand being made for those costs expended upon that portion of the Doundar.y (true:; which the other party has agreed to rna.i.ntain and repair. expense . 13 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto . Sch(`dvlc � A�� Pct . of. `; By-Iaw 3399 w 14 . That nothing in this agreement shall oblige either party to open for public travel , maintain or repair any portion of the Boundary Road allowance that is designated as "unopened" or "unimproved" , as illustrated on the plan attached as Schedule „B„ 15 . That the term of this agreement shall commence on the date of its execution by the later of the parties to execute it and shall terminate ten ( 10 ) years less one ( 1 ) day from the date of such execution as per the Municipal Act R . S . O . 1990 , c . M. 45 , s . 271 , and continue until repealed by either Council giving written notice at least sixty ( 60 ) days prior or this agreement may be amended if the change is mutually agreed upon by both councils . 16 • That this agreement shall be registered in the Land Registry Office of the Land Registry Division in which the highway is situated with the authorizing by-laws of the two municipalities . Executed under -the seal of the Corporation of the Municipality of Clarington this day of 1993 . DIANE H.AIIRE MAYOR f ATT A I CLERK Executed under the seal of the Township of Hope this day of 1993 . IAN W . M, ANGUS MAYOR FRANCES AIRD CLERK 6chedu�le ."B" Ley '-By-1Aw , 3399 Schedule " B" CON 10 CON 9 TO 1-YA/S lll P 0Y f,:/j i`. E ,\! F0RM ;'h `T'0 M/N,S/-1/P 01, Cl,AIai ; /! CON 8 II 1 LE=GEND CON 7 ^h iJ f 1 17m) •i(:nr kr:wu! t.t•n.'. . .•.n,.• ,•r,;m CON G (/U!)Uitt) YdUr lii,urd 11Lr,ilci:un,:r I'i„.�:.rni nt '_. � 1 ,k l( a(r r r r(r(r r(r a Ilrrti(r.:nrrl�•I ininil.r•„r�� •.�...•u�Cc _:...------- ('1 r t y, lJtll'll CON 4 wam l'U 1I�N. 'llll� Ulf' lI 0!'!'' CON , � M CON Z CON .1. BF A BF B _.__.�` ... AGRUMLNT FOR TIII_ NORMAI. MAINII NANCE AND RLPAIR' OF 000N0AR)Y ROADS L3Y: Jh!i l�;'I'i!.;: ? _...... 1 _: .IL.: 1993 BETWEEN MUNICIPALITY OF CLARINGION AND TOWNSHIP OF HOPE [S'CHEDULE "13” THE CORPORATION OF THE MUNICIPALITY OF 'CLARINGTON BY-LAW NUMBER 93- 158 Being a By-Law to authorize the entering into of an agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. WHEREAS, the Council of the Corporation of the Municipality of Clarington, pursuant to c.M. 45, s.271, of the Municipal Act R.S .O. 1990, as amended, deems it expedient to authorize the entering into of a Boundary Road agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. NOW THEREFORE, the Corporation of the Municipality of Clarington enacts as follows: 1 . That the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's Seal, a Boundary Road Agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope, attached hereto as Schedule "A° and forming part of this by-law providing; a) An undertaking by the Corporation of the Municipality of Clarington for the maintenance of the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope; b) An undertaking by the Corporation of the Township of Hope for maintenance of the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope; i C) The term of the agreement shall not exceed ten ( 10) years from the date of its execution by the later of the two municipalities to execute it; d) Any major work or proposed construction on any portion of the Boundary Road be consented to by resolution of the Council of each party; e) Each party agrees to indemnify and save harmless the other from any loss or damage arising from the want or repair of their respective portions of the Boundary Road; and f) The agreement, together with certified copies of the by- law of the Council of each party authorizing the entering into of the agreement, shall be registered in the Land Registry Office. CERTIFIED A..., UE... OPY I' l L. RRIL To Clerk 2 2 . That this by-law and the agreement attached hereto as Schedule "A" and map attached hereto as Schedule "B" be registered in the Land Registry Office. BY-LAW read a first and second time this 12th day of October, 1993 . BY-LAW read a second time and finally passed this 12th day of October, 1993 . E HAMRE MAYOR P TI RRI CLERK SCHEDULE "A" TO BY-LAW 93- 158 BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF HOPE WHEREAS The Boundary Road is a public right-of-way forming a boundary between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. AND WHEREAS The Corporation of the Municipality of Clarington and the Corporation of the Township of Hope have agreed to provide for its maintenance and repair by entering into this agreement. NOW, THEREFORE this agreement witness that the parties hereto do covenant and agree as follows: 1. That the Corporation of the Municipality of Clarington at its expense, shall maintain the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 2 . That the Corporation of the Township of Hope, at its expense, shall maintain the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 3. That the ordinary road maintenance shall be performed in accordance with the Ministry of Transportation guidelines . Ordinary maintenance shall include grading, ditching, salting, snow-fence, signing, culvert maintenance, and roadside maintenance and shall be done without sharing cost. 4 . That the original installation of entrance culverts will be the responsibility of the municipality in which that lot is registered. The cost incurred for original installations will be charged to the property owner. That the location of the entrance culverts shall be mutually agreed upon by a representative of the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. 5 . That work projects, such as surface treatment and level railroad crossing improvements, that cannot be considered as normal maintenance shall be presented to each Council on or before March 30th of any year for consideration and final approval. If the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 6 . That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six (6) months in advance for consideration and final approval by resolution. 1 - 2 - That if the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 7 . That by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of roadway that it has undertaken to maintain. That the adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty (30) days prior to approval by the governing Council. The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities . That if the adjoining Corporation, after objecting to a proposed By-law amendment, fails to agree the same shall be determined by arbitration. That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory warning and street name signs of the intersecting road. 8. That in the event that a subdivision development occurs on either side of a Boundary Road and works related to the subdivision are required pursuant to the terms of the subdivision agreement, the municipality that has entered into the subdivision agreement may perform the works contemplated therein on the Boundary Road without the consent of the other municipality provided such other municipality is given notice of such proposed work prior to the execution of the subdivision agreement and provided the proposed work is undertaken at no expense to the municipality which is not a party to the subdivision agreement. 9 . That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities. 10 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 11. That each party agrees to indemnify and save harmless the other from any loss or damage arising from the want of repair for the portion of the boundary road which each party has agreed to maintain and repair in accordance with this agreement and for the term of this agreement. 12 . That nothing in this agreement shall derogate from the responsibility of either municipality to do such work as is necessary in order to fulfil any obligation imposed by c.M.45, s .271, of the Municipal Act R.S.O. 1990, as amended. In the event that either party is obligated to make such an expenditure it shall be reimbursed upon demand being made for those costs expended upon that portion of the Boundary Road which the other party has agreed to maintain and repair at its expense. 13 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 3 - 14. That nothing in this agreement shall oblige either party to open for public travel, maintain or repair any portion of the Boundary Road allowance that is designated as "unopened" or "unimproved", as illustrated on the plan attached as Schedule "B" . 15. That the term of this agreement shall commence on the date of its execution by the later of the parties to execute it and shall terminate ten ( 10) years less one (1) day from the date of such execution as per the Municipal Act R.S.O. 1990, c.M.45, s.271, and continue until repealed by either Council giving written notice at least sixty (60) days prior or this agreement may be amended if the change is mutually agreed upon by both councils. 16 . That this agreement shall be registered in the Land Registry Office of the Land Registry Division in which the highway is situated with the authorizing by-laws of the two municipalities . Executed under the seal of the Corporation of the Municipality of Clarington this day of Cc {v 1993. DIANE HAMRE MAYOR PAT I B I CLERK ecuted under the seal of the Township of Hope this X21 day of 1993 . IAN W. M. ANGUS lWYEW FRANCES AIRD CLERK SCHEDULE "B" TO BY—LAW 93-158 ' I • TO k rNSHIPD.IIOHF ANVERS CON 10 CON 9 TOWNSHIP OF CAVAN ---- ----------------- FORMER TO WNSHI 0 CLA R ICE CON 8 N LEGEND CON 7 E Township of Hope Responsibility, (8112m) Year Round Maintenance Program __ kCG10NAL__; ~ ROAD A-2_� p Municipality of Clarinqton Responsibility, CON 6 $ (7000m) Year Round Maintenance Program — ensnneone■ Unopened/Unimproved Road Allowance —_—_� —__L—LCONCESSION ROAp z (4000m) � S m CON 5 o CONCESSIO 2000m N ROAD 5 CON_ SIGN R04D 6—1WP OF INA E CON 4 - � 1800m CONCESSION ROAD 4 CON 600m TO WNSHIP OF HOPE' 3 1500m 3 2 CONCESSION ROOD 3 c3 CON 2 a C _ o g o C—� NICHWAy _ CC—'' > C HIGHWAY N0. 401 CD CON 1 — —° nII CONCESSION ROAD II 1 llllll _ BF A o W o = s 5 - BF B�" AGREEMENT FOR THE NORMAL MAINTENANCE C:\ATTACHS\CLARKE\BNDRYRD AND REPAIR OF BOUNDARY ROADS DRAWN =Y: J DATE: SEAT, 1993 BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP of HOPE SCHEDULE "B11 TE) BY bftW 93- t3 BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF HOPE WHEREAS The Boundary Road is a public right-of-way forming a boundary between the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. AND WHEREAS The Corporation of the Municipality of Clarington and the Corporation of the Township of Hope have agreed to provide for its maintenance and repair by entering into this agreement. NOW, THEREFORE this agreement witness that the parties hereto do covenant and agree as follows : 1. That the Corporation of the Municipality of Clarington at its expense, shall maintain the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 2 . That the Corporation of the Township of Hope, at its expense, shall maintain the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 3 . That the ordinary road maintenance shall be performed in accordance with the Ministry of Transportation guidelines . Ordinary maintenance shall include grading, ditching, salting, snow-fence, signing, culvert maintenance, and roadside maintenance and shall be done without sharing cost. 4 . That the original installation of entrance culverts will be the responsibility of the municipality in which that lot is registered. The cost incurred for original installations will be charged to the property owner: That the location of the entrance culverts shall be mutually agreed upon by a representative of the Corporation of the Municipality of Clarington and the Corporation of the Township of Hope. 5 . That work projects, such as surface treatment and level railroad crossing improvements, that cannot be considered as normal maintenance shall be presented to each Council on or before March 30th of any year for consideration and final approval . If the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 6 . That reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six ( 6) months in advance for consideration and final approval by resolution. 2 - That if the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 7 . That by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of roadway that it has undertaken to maintain. That the adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty ( 30) days prior to approval by the governing Council . The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities . That if the adjoining Corporation, after objecting to a proposed By-law amendment, fails to agree the same shall be determined by arbitration. That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory warning and street name signs of the intersecting road. 8 . That in the event that a subdivision development occurs on either side of a Boundary Road and works related to the subdivision are required pursuant to the terms of the subdivision agreement, the municipality that has entered into the subdivision agreement may perform the works contemplated therein on the Boundary Road without the consent of the other municipality provided such other municipality is given notice of such proposed work prior to the execution of the subdivision agreement and provided the proposed work is undertaken at no expense to the municipality which is not a party to the subdivision agreement. 9 . That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities . 10 . That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils . 11 . That each party agrees to indemnify and save harmless the other from any loss or damage arising from the want of repair for the portion of the boundary road which each party has agreed to maintain and repair in accordance with this agreement and for the term of this agreement. 12 . That nothing in this agreement shall derogate from the responsibility of either municipality to do such work as is necessary in order to fulfil any obligation imposed by c .M. 45, s .271, of the Municipal Act R.S.O. 1990, as amended. In the event that either party is obligated to make such an expenditure it shall be reimbursed upon demand being made for those costs expended upon that portion of the Boundary Road which the other party has agreed to maintain and repair at its expense. 13 . That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 3 - 14 . That nothing in this agreement shall oblige either party to open for public travel, maintain or repair any portion of the Boundary Road allowance that is designated as "unopened" or "unimproved" , as illustrated on the plan attached as Schedule "B" . 4 a 15 . That the term of this agreement shall commence on the date of its execution by the later of the parties to execute it and shall terminate ten ( 10) years less one ( 1) day from the date of such execution as per the Municipal Act R.S.O. 1990, c .M.45, s .271, and continue until repealed by either Council giving written notice at least sixty ( 60) days prior or this agreement may be amended if the change is mutually agreed upon by both councils . 16 . That this agreement shall be registered in the Land Registry Office of the Land Registry Division in which the highway is situated with the authorizing by-laws of the two municipalities . Executed under the seal of the Corporation of the Municipality of Clarington this day of Q�� b�� , 1993 . E(DWE-HAMRE MAYOR k s P TT RI CLERK Executed under the seal of the Township of Hope this day of �ec _ 1993 . IAN W. M. ANGUS FRANCES AIRD CLERK SCHEDULE "B" TO BY—LAW 93-158 l� . y rO 211ANV1,,RS CON 10 - -- CON 9 I'O 1yNS�1111j OF CAVAN -� POhA1111" ' 7 r0 W NS111 p_- O r C,GPI 1 L l i L - kf,N) _ I CON 8 ILI E II s ' ---- LEGEND--- — -- --- CON 7 Township of Hope Responsibility, (8111m) Year Round taintenance Program •iOi1^I ` ku..0 Nu y Municipality of Clurington Responsibility, 1 � � CON 6 �, (7000rr�) Year Round Maintenance Prugrum I „ o����en������ Unupenc4�lln nprr,ved Rood Allomince If ' 400(Jrn CON 5 o CON 4 1 1800rn n Co II �. __6ao�� 0YVNlSr1111' OT CON n -1500tn CUN(:(iYJN k(P11 J-- i CON 2 r _ CON 1 — BF A + BF B j rl AGREEMENT FOR THE NORMAL MAINTENANCE [C\AI-fA(IIS\CIhRK[\[3rdD�zrr�U AND REPAIR OF BOUNDARY ROADS 11)RAWN HY: A1 10k_( BETWEEN MUNICIPALITY OF CLARINGTON -- ��' AND TOWNSHIP OF HOPE SCHEDULE "B" i