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HomeMy WebLinkAbout94-156 . . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-156 being a by-law to authorize the execution of a partnership agreement between The Central Lake Ontario Conservation Authority and The Corporation of The Municipality of Clarington WHEREAS at its meeting held on July 18, 1994, the Council of the Municipality of Clarington adopted the recommendations contained in Report PD-90-94 authorizing staff to negotiate with private landowners, Ontario Hydro, Central Lake Ontario Conservation Authority and the ministry of Natural Resources to secure access agreements to implement the waterfront trail: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 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 Central Lake Ontario Conservation Authority 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 26th day of September 1994. By-law read a third time and finally passed this 26th day of September 1994. , . SCHEDULE A / THIS AGREEMENT dated for reference the 1 st day of September, 1994 BETWEEN: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY, (hereinafter called the "Authority") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Authority has acquired certain lands in the Municipality of Clarington, known as the Bowmanville Harbour Conservation Area. AND WHEREAS the Municipality wishes to enter into a partnership agreement for the development and maintenance of a waterfront trail and associated facilities on said lands; AND WHEREAS the lands subject to this agreement are part of Lot 9, part of Lot 10 and part of Lot 11, Broken Front Concession in the former Town of Bowmanville (hereinafter the "Premisesj; AND WHEREAS both the Municipality and the Authority are desirous of the establishment of a waterfront trail linking the Bowmanville Harbour Conservation Area with other waterfront facilities and attractions; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the recitals herein and the carrying out of their respective obligations contained in this Agreement, the parties hereto agree with each other as follows: . 1. The Authority doth hereby consent to the construction of a trail on the Premises on an alignment indicated on the attached Schedule 'A'. 2, The Municipality shall: i) prepare a plan in consultation with the Authority for the waterfront trail ; ii) construct a 3 m wide trail with a surface treatment of either limestone screenings or recycled asphalt surface treatment including full site restoration; iii) install all signage for the trail in accordance with the guidelines of the Waterfront Regeneration Trust; iv) install at least one interpretative sign in accordance with the Guidelines of the Waterfront Regeneration Trust; v) install a seating area near the boat launch as budgetary considerations permit; vi) undertake major repairs or upgrading of the trail as necessary or desired. , . , ~ 3. The Authority shall: i) undertake minor maintenance of the trail including grass cutting, control of weeds within the trail surface, periodic levelling of the trail, and repair of erosion damage; ii) undertake waste control program for trail users at the Premises; iii) install additional interpretative signage as budgetary considerations permit; iv) install additional internal trails/boardwalks and interpretative features as budgetary considerations permit; v) provide that future site development recognizes' the trail location and, where appropriate, connects to the trail; vi) provide to the Municipality and/or its agents any necessary permits for works to be undertaken within the Premises in connection with the waterfront trail; and vii) ensure compliance with any conditions of the easement in favour of Ontario Hydro or the Regional Municipality of Durham. 4. The Authority and the Municipality will jointly: i) acknowledge the partnership arrangement in the development of the waterfront trail within the Conservation Area; ii) annually inspect the trail to determine maintenance requirements and document the results of such inspections; iii) prepare a landscaping plan for the Premises and seek private donations to fund installation of the above-referenced landscaping; iv) consider making future joint applications for provincial funding for the development of the Bowmanville Harbour Conservation Area; v) consult with each other with respect to future waterfront development opportunities. 5. In consideration of the Municipality entering into this Agreement, the Authority agrees to indemnify and hold harmless the Municipality from and against all claims, damages or costs howsoever arising out of the use by the Authority or its invitees, guests or licensees of the Premises inCluding the trail or appurtenances thereon including any claim for personal injury (including death) or property damage howsoever caused. Both parties covenant that the indemnity herein contained shall extend to all damages and claims for damages by reason of improper or faulty erection or construction of structures hereinafter erected or installed on the Premises or in connection therewith by each party, its servants or agents and by reason of any insufficiency in such structures and whether or not same have been approved by the other party, its servants or agents. The Authority reserve the right to close. the trail should it be found unsafe for public use, until repairs are effected, Notwithstanding the foregoing, the Municipality agrees to indemnify and hold harmless the Authority from and against all claims, damages or costs arising from construction activity for the trail or the repair and upgrading of the trail by the Municipality for the actual period of construction, repair or upgrading. For the purpose of this indemnity, the period of construction shall commence from the first day the forces enter the Premises to the final inspection and acceptance of the trail by the Municipality and the Authority. . . '\." , l' , ~ . ; , .. 6. If any time during the continuance of this Agreement or after the termination thereof, any dispute, difference of question shall arise between the parties or any of their legal representatives concerning the interpretation or construction of this Agreement or anything herein contained, then every such dispute, difference or disagreement shall be referred to a single arbitrator, if the parties or their legal representatives agree upon one, but should the parties or their legal representatives be unable to agree upon the identity of such single arbitrator, then such dispute, difference or disagreement shall be referred to a single arbitrator, to be appointed by a Justice of the Ontario Court of Justice (General Division), which arbitrator shall conduct the arbitration pursuant to The Arbitration Act. 1991. and amendments thereto, and every award or determination shall be final and binding on all the parties hereto, their successors and assigns and there shall be no appeal therefrom. In any such dispute, difference or question, the arbitrator appointed hereunder shall be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interests of the parties to the arbitration and shall not be bound by any legal precedent in such determination. 7. The Municipality, its servants or agents shall, at all times and for all purposes, have full and free access to any and every part of the Premises. 8. Both parties agree to review this agreement on or before September 1, 2004 or with the consent of both parties. Date: For Lake Ontario C e Authority ~K <C ~ ~ ~~~ w. M. Campbell, Chief Administrative Officer Date: September 8, 1994 For the Municipality of Clarington Ldd&x.~./~~/ Diane e, Mayor ./ i--( To: From: Date: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Mayor Diane Hamre Cynthia Strike, Planner, Strategic Planning Branch 16 September 1994 WATERFRONT TRAIL PARTNERSHIP AGREEMENT MUNICIPALITY OF CLARINGTON - C.L.O.C.A. Attached is the Partnership Agreement between the Municipality of Clarington and Central Lake Ontario Conservation Authority for the Waterfront Trail through the Bowmanville Harbour Conservation Area. Please sign both copies and kindly forward to Patti Barrie for same. Thank you. \~ C\~/ M~~w \~ 1 Y *jip Attach. " THIS AGREEMENT dated for reference the 1 st day of September, 1994 BETWEEN: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY, (hereinafter called the "Authority-) OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON, (hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Authority has acquired certain lands in the Municipality of Clarington, known as the Bowmanville Harbour Conservation Area. AND WHEREAS the Municipality wishes to enter into a partnership agreement for the development and maintenance of a waterfront trail and associated facilities on said lands; AND WHEREAS the lands subject to this agreement are part of Lot 9, part of Lot 10 and part of Lot 11, Broken Front Concession in the former Town of Bowmanville (hereinafter the -Premisesj; AND WHEREAS both the Municipality and the Authority are desirous of the establishment of a waterfront trail linking the Bowmanville Harbour Conservation Area with other waterfront facilities and attractions; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the recitals herein and the carrying out of their respective obligations contained in this Agreement, the parties hereto agree with each other as follows: 1. The Authority doth hereby consent to the construction of a trail on the Premises on an alignment indicated on the attached Schedule 'A'. 2. The Municipality shall: i) prepare a plan in consultation with the Authority for the waterfront trail; ii) construct a 3 m wide trail with a surface treatment of either limestone screenings or recycled asphalt surface treatment including full site restoration; iii) install all signage for the trail in accordance with the guidelines of the Waterfront Regeneration Trust; iv) install at least one interpretative sign in accordance with the Guidelines of the Waterfront Regeneration Trust; v) install a seating area near the boat launch as budgetary considerations permit; vi) undertake major repairs or upgrading of the trail as necessary or desired. .' ., THIS AGREEMENT dated for reference the 1 st day of September, 1994 BETWEEN: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY, (hereinafter called the "Authority") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON, (hereinafter called the "Municipalityj OF THE SECOND PART WHEREAS the Authority has acquired certain lands in the Municipality of Clarington, known as the Bowmanville Harbour Conservation Area. AND WHEREAS the Municipality wishes to enter into a partnership agreement for the development and maintenance of a waterfront trail and associated facilities on said lands; AND WHEREAS the lands subject to this agreement are part of Lot 9, part of Lot 10 and part of Lot 11, Broken Front Concession in the former Town of Bowmanville (hereinafter the .Premises.); AND WHEREAS both the Municipality and the Authority are desirous of the establishment of a waterfront trail linking the Bowmanville Harbour Conservation Area with other waterfront facilities and attractions; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the recitals herein and the carrying out of their respective obligations contained in this Agreement, the parties hereto agree with each other as follows: 1 . The Authority doth hereby consent to the construction of a trail on the Premises on an alignment indicated on the attached Schedule 'A'. 2. The Municipality shall: i) prepare a plan in consultation with the Authority for the waterfront trail; ii) construct a 3 m wide trail with a surface treatment of either limestone screenings or recycled asphalt surface treatment including full site restoration; iii) install all signage for the trail in accordance with the guidelines of the Waterfront Regeneration Trust; iv) install at least one interpretative sign in accordance with the Guidelines of the Waterfront Regeneration Trust; v) install a seating area near the boat launch as budgetary considerations permit; vi) undertake major repairs or upgrading of the trail as necessary or desired. . . 3. The Authority shall: i) undertake minor maintenance of the trail including grass cutting, control of weeds within the trail surface, periodic levelling of the trail, and repair of erosion damage; ii) undertake waste control program for trail users at the Premises; iii) install additional interpretative signage as budgetary considerations permit; iv) install additional internal trails/boardwalks and interpretative features as budgetary considerations permit; v) provide that future site development recognizes' the trail location and, where appropriate, connects to the trail; vi) provide to the Municipality and/or its agents any necessary permits for works to be undertaken within the Premises in connection with the waterfront trail; and vii) ensure compliance with any conditions of the easement in favour of Ontario Hydro or the Regional Municipality of Durham. 4. The Authority and the Municipality will jointly: i) acknowledge the partnership arrangement in the development of the waterfront trail within the Conservation Area; ii) annually inspect the trail to determine maintenance requirements and document the results of such inspections; Hi) prepare a landscaping plan for the Premises and seek private donations to fund installation of the above-referenced landscaping; iv) consider making future joint applications for provincial funding for the development of the Bowmanville Harbour Conservation Area; v) consult with each other with respect to future waterfront development opportunities. 5. In consideration of the Municipality entering into this Agreement, the Authority agrees to indemnify and hold harmless the Municipality from and against all claims, damages or costs howsoever arising out of the use by the Authority or its invitees, guests or licensees of the Premises including the trail or appurtenances thereon including any claim for personal injury (including death) or property damage howsoever caused. Both parties covenant that the indemnity herein contained shall extend to all ,damages and claims for damages by reason of improper or faulty erection or construction of structures hereinafter erected or installed on the Premises or in connection therewith by each party, its servants or agents and by reason of any insufficiency in such structures and whether or not same have been approved by the other party, its servants or agents. The Authority reserve the right to close the trail should it be found unsafe for public use, until repairs are effected. Notwithstanding the foregoing, the Municipality agrees to indemnify and hold harmless the Authority from and against all claims, damages or costs arising from construction activity for the trail or the repair and upgrading of the trail by the Municipality for the actual period of construction, repair or upgrading. For the purpose ofthis indemnity, the period of construction shall commence from the first day the forces enter the Premises to the final inspection and acceptance of the trail by the Municipality and the Authority. . 'II r 6. If any time during the continuance of this Agreement or after the termination thereof, any dispute, difference of question shall arise between the parties or any of their legal representatives concerning the interpretation or construction of this Agreement or anything herein contained, then every such dispute, difference or disagreement shall be referred to a single arbitrator, if the parties or their legal representatives agree upon one, but should the parties or their legal representatives be unable to agree upon the identity of such single arbitrator, then such dispute, difference or disagreement shall be referred to a single arbitrator, to be appointed by a Justice of the Ontario Court of Justice (General Division), which arbitrator shall conduct the arbitration pursuant to The Arbitration Act. 1991. and amendments thereto, and every award or determination shall be final and binding on all the parties hereto, their successors and assigns and there shall be no appeal therefrom. In any such dispute, difference or question, the arbitrator appointed hereunder shall be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interests of the parties to the arbitration and shall not be bound by any legal precedent in such determination. 7. The Municipality, its servants or agents shall, at all times and for all purposes, have full and free access to any and every part of the Premises. 8. Both parties agree to review this agreement on or before September 1, 2004 or with the consent of both parties. For the Municipality of Clarington Ontario w. M. Campbell, Chief Administrative Officer Date: September 8, 1994 Date: