HomeMy WebLinkAboutEGD-024-10CIa~J~~o~ REPORT
Leading the Way
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 5, 2010
Report #: EGD-024-10
Resolution #: 1}- / - D
File #: By-law
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Subject: CLARINGTON/PORT HOPE BOUNDARY ROAD AGREEMENT
CLARINGTON/KAWARTHA LAKES BOUNDARY ROAD AGREEMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-024-10 be received;
2. THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the Municipality of Port
Hope;
3. THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the City of Kawartha Lakes;
4. THAT Council pass the appropriate by-laws confirming each of these agreements;
and
5. THAT the Municipality's solicitor register the agreements and the by-laws in the
proper Land Registry Office.
Respectfu y by,
~F
u miffed y: A.S. annella
Director of Engineering Services
ASC/jo
June 16, 2010
~~ ~~ ~ ~
Reviewed by: Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A5 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-024-10
PAGE 2
1.0 BACKGROUND
1.1 The purpose of this report is to seek Council approval to enter into a Boundary
Road Agreement with the Municipality of Port Hope and into a Boundary Road
Agreement with the City of Kawartha Lakes. The Municipality had an agreement
with each of Port Hope and Kawartha Lakes; however, these agreements have
both expired.
2.0 COMMENT
2.1 Clarington/Port Hope Agreement
The Municipality of Clarington and the Municipality of Port Hope abut one
another along East Townline Road and Cold Springs Camp Road and unopen
road allowances. These roads are the subject of the now-expired Boundary
Road Agreement. Similar to the previous agreement, the new agreement
outlines each municipality's obligations with respect to maintenance, repair,
street lighting, construction and development.
The content of the previous agreement and the proposed agreement is similar,
but the document has been updated with respect to verbiage, with respect to the
new Municipal Act and with respect to legalities and claims. There has been no
change in jurisdiction on any of these roads.
2.2 Clarington/Kawartha Lakes Agreement
Clarington and Kawartha Lakes adjoin along Darlington-Manvers Townline and
Boundary Road and unopen road allowances. The new agreement outlines the
obligations of each municipality and has been updated with respect to verbiage
and the new Municipal Act. There has been no change in jurisdiction on any of
these roads.
2.3 Input to the Preparation of the Agreements
These agreements have been prepared, and after staff review, finalized by the
Municipality's solicitor.
REPORT NO.: EGD-024-10
PAGE 3
Engineering and Operations staff have met, reviewed and revised (where
agreed) the draft documents. Staff of Port Hope and Kawartha Lakes have
reviewed and concurred with their respective draft agreement.
3.0 CONCLUSION
The Boundary Road Agreements between the Municipality of Clarington and
Municipality of Port Hope and between the Municipality of Clarington and the City
of Kawartha Lakes have each expired. There is a need for current agreements
to be put in place in order to clearly outline jurisdiction, duties and responsibilities
of each road authority as they pertain to the boundary roads.
Accurate legal descriptions of the segments of the road allowances and the
corresponding jurisdictions should be registered with the appropriate Registry
Office along with the Confirming by-law.
Attachments:
Attachment 1 -Clarington/Port Hope Boundary Road Agreement
Attachment 2 -Clarington/Kawartha Lakes Boundary Road Agreement
Attachment 3 -Confirming By-law
Attachment 4 -Confirming By-law
List of Interested Parties:
Municipality of Port Hope
City of Kawartha Lakes
ATTACHMENT N0.:1
REPORT NO.: EGD-024-10
BOUNDARY ROAD AGREEMENT
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITYOF CLARINGTON
("Clarington")
-and-
THE CORPORATION OF THE
MUNICIPALITY OF PORT HOPE
("Port Hope")
WHEREAS:
A. Subsection 11(3) of the Municipal Act, 2001, S.O: 2001, c.25 as amended ("Act")
provides that by-laws may be passed by lower-tier and upper-tier municipalities,
subject to the rules set out in subsection 11(4) respecting highways within their
respective jurisdictions.
B. Section 28 of the Act provides that a municipality has, among other matters, joint
jurisdiction over all highways over which it had joint jurisdiction on December 31,
2002.
C. As a result of municipal restructuring The Corporation of the Town of Port Hope
and The Corporation of the Township of Hope ("Hope Township") became The
Corporatidn of the Municipality of Port Hope effective on January 1, 2001. Port
Hope is the. successor of Hope Township for all purposes.
D. On December 31, 2002, Clarington and Port Hope had joint jurisdiction over the
public highway forming the boundary between Clarington and Port Hope
("Boundary Road") depicted in Schedule "A" to this Agreement.
E. By an agreement dated October 12, 1993, Clarington and Hope Township
provided for the maintenance and repair of the Boundary Road ("Clarington/Hope
Township Agreement").
F. By this Agreement, Clarington and Port Hope wish to make provisions for all
matters relating to the maintenance, repair, construction and facilities on or
related to the Boundary Road.
G. Subsection 29.1(1) of the Act provides that municipalities having joint jurisdiction
over a boundary road highway may enter into an agreement to keep any part of
2
the highway in repair for its whole width and to indemnify the other municipality
from any loss or damage arising from the lack of repair for that part.
NOW THEREFORE Clarington and Port Hope agree as follows:
Interpretation
1. In this Agreement,
(a) "Agreement" means this agreement, including its recitals and Schedule "A",
as amended from time to time;
(b) "Boundary Road" is the road forming part of a boundary between the
easterly limit of Clarington and the westerly limit of Port Hope, including all
intersections with local roads, as more particularly depicted in Schedule
,~A,,,
(c) "Claims" include any and all claims, actions, causes of action, damages,
losses, complaints, demands, suits or proceedings of any nature or kind in
respect of any and all losses, damages, liabilities, deficiencies, costs and
expenses (including, without limitation, all legal and other professional fees
and disbursements, interest, liquidated damages and amounts paid in
settlement, whether from a third person or otherwise), the costs or
expenses of complying with any environmental laws, and any economic
losses, consequential, indirect, special and incidental damages resulting
from or in any way related to a breach of a term of this Agreement, loss of
life, personal injury (including, in all cases, personal discomfort and
illness), and loss of and damage to property;
(d) "Clarington Opened Portion of the Boundary Road" means that portion of
the Boundary Road depicted as such in Schedule "A";
(e) "Clarington Unopened Portion of the Boundary Road" means that portion of
the Boundary Road depicted as such in Schedule "A";
(f) "Construction" includes reconstruction, graveling, paving and excavating
and includes the installation of engineered fill, subdrains, granular base,
concrete curb and gutter, concrete sidewalk, guiderails, topsoil, sod, street
trees, storm sewers, catchbasins, culverts, bridge construction, traffic
signalization, sanitary sewers, watermains, service connections and all
Maintenance and Repair Work that exceeds $10,000;
(g) "Construction Costs" means all costs relating to Construction and includes
costs for staff or consultants, soils analysis, surveying, designing, drafting,
preparation of specifications, requests for proposals, tendering, supervision
3
of construction, accounting, overhead, debenturing, interest financing and
net land acquisition costs;
(h) "Maintenance and Repair Work" means all works required to maintain and
repair the Boundary Road to a standard that meets the minimum
maintenance standards required by O. Reg. 239/02 and, in addition,
includes ditching, culvert replacement, entrance culvert maintenance, curb
replacement, guiderail repair, pavement marking, maintenance of existing
road closure gates, sewer and catchbasin cleaning, crack sealing, grass
and weed cutting, sweeping and flushing, litter control, and tree trimming
and removal work;
(i) "Port Hope Opened Portion of the Boundary Road" means that portion of
the Boundary Road depicted as such in Schedule "A"; and
Q) "Port Hope Unopened Portion of the Boundary Road" means that portion of
the Boundary Road depicted as such in Schedule "A".
2. All words in this Agreement shall be deemed to include any number or gender as
the context requires.
3. This Agreement shall be interpreted according to the laws of the Province of
Ontario.
4. References to provincial statutes or regulations are deemed to refer to the
relevant legislation as amended, including successor legislation.
Term
5. The term ("Term") of this Agreement shall commence on August 1, 2010 and
shall expire on the tenth anniversary of such date (July 31, 2020).
6. The Term shall automatically renew at the expiration of the Term, or any
extension thereof, for a further one-year period on the same terms and conditions
unless either party provides 180 days notice in writing of its intention to terminate
at the expiration of the then current term.
Maintenance and Repair
7. Clarington shall, at its cost,
(a) undertake all Maintenance and Repair Work within the full width of the
Clarington Opened Portion of the Boundary Road;
(b) remove and dispose of litter from. the Clarington Unopened Portion of the
Boundary Road; and
4
(c) indemnify and save harmless Port Hope from and against any Claim
arising from or in any way related to any alleged failure by Clarington to
perform its duties. under clauses (a) and (b).
8. Port Hope shall, at its cost,
(a) undertake all Maintenance and Repair Work within the full width of the Port
Hope Opened Portion of the Boundary Road;
(b) remove and dispose of litter from the Port Hope Unopened Portion of the
Boundary Road; and
(c) indemnify and save harmless Clarington from and against any Claim
arising from or in any way related to any alleged failure by Port Hope to
perform its duties under clauses (a) and (b).
9. Clarington shall exercise municipal access and consent powers respecting the
Clarington Opened Portion and the Clarington Unopened Portion of the Boundary
Road. Port Hope shall exercise municipal access and consent powers
respecting the Port Hope Opened Portion and the Port Hope Unopened Portion
of the Boundary Road.
10. Clarington and Port Hope shall coordinate all Maintenance and Repair Work on
the Clarington Opened Portion and the Port Hope Opened Portion of the
Boundary Road, respectively. Each shall be responsible for payment of all
related expenses incurred on their respective portions of the Boundary Road.
11. Notwithstanding paragraphs 7 and 8, the costs incurred by either party
respecting the cost of the installation and operation of safety features and/or
improvements on railway crossings of the Boundary Road shall be shared
equally.
Construction
12. Subject to paragraph 14 and subject to each municipality's budget approval,
Clarington and Port Hope shall contribute equally to the Construction Costs
related to improvements to the Clarington Opened Portion of the Boundary Road
and the Port Hope Opened Portion of the Boundary Road.
13. Original installation of entrance culverts shall be the responsibility of the
municipality in which that lot is registered. Customers of each municipality shall
have new culverts installed in accordance with policies of their respective
municipality. New culverts on the Clarington Opened Portion of the Boundary
Road will be installed by Clarington forces. New culverts on the Port Hope
Opened Portion of the Boundary Road will be installed by Port Hope forces. The
5
location of these new entrance culverts shall be mutually agreed upon by
representatives of Clarington and Port Hope.
14. If a subdivision development occurs on either side of the Boundary Road and
works related to the subdivision are required pursuant to the terms of the
subdivision agreement, both Port Hope and Clarington shall agree on the works
to be undertaken on the Boundary Road and the municipality that has entered
into the subdivision agreement may perform such works.
Traffic Regulation
15. Those by-laws regulating traffic will be applied by the municipality having
jurisdiction over that portion of roadway which it has undertaken to maintain and
repair pursuant to paragraphs 7 and 8 of this Agreement. The adjoining
municipality will be advised in writing of any proposed traffic by-law amendments
for comments a minimum of thirty (30) days prior to passing of a by-law by the
governing Council. The adjoining municipality will be provided with certified
copies of such by-law. The municipality having jurisdiction over a roadway which
intersects the Boundary Road will be responsible for the required stop and street
name signs of the intersection road. All signs shall be installed in accordance
with all applicable Ontario Traffic Manuals.
Insurance
16. Each municipality shall maintain, in full force and effect, either a public entity
integrated risk insurance policy including municipal liability coverage or a general
liability insurance policy in an amount not less than Five Million Dollars
($5,000,000) per occurrence, at all times and throughout the term of this
Agreement. Each municipality shall include in the said policy, an extension for
non-owned automobile liability coverage in an amount of not less than Five
Million Dollars ($5,000,000). Each municipality shall maintain, in full force and
effect, owned automobile liability coverage in an amount of not less than Five
Million Dollars ($5,000,000). The amounts of coverage shall be reviewed by the
municipalities on any renewal.
17. Each municipality shall name the other as an additional insured on the policies
set out in paragraph 16 at all times and throughout the Term.
18. Each municipality agrees to provide the other municipality with proof of the
insurance required under this Agreement when requested in writing.
6
General
19. This Agreement together with a copy of the by-laws authorizing its execution may
be registered in the proper land registry offices for the areas in which the
Boundary Road is located.
20. (a) If any notice or other document is required to be or may be given by
Clarington to Port Hope under this Agreement, such notice shall be mailed
by first class prepaid post or delivered to:
Municipality of Port Hope
56 Queen Street
Port Hope, Ontario L1A 3Z9
Attention: Director of Works and Engineering Services
or such other address of which Port Hope has notified Clarington in writing.
Any such notice so mailed or .delivered shall be deemed good and
sufficient notice under the terms of this Agreement and shall be effective
from the date which it is so mailed or delivered; and
(b) If any notice or other document is required to be or may be given by Port
Hope to Clarington under this Agreement, such notice shall be mailed by
first class prepaid post or delivered to:
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L1C 3A6
Attention: Director of Engineering Services
or such other address of which Clarington has notified Port Hope in writing.
Any such notice so mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and shall be effective
from the date which it is so mailed or delivered.
21. Notwithstanding anything in this Agreement, neither municipality shall be in
default with respect to the performance of any of the terms of this Agreement if
any non-performance is due to any force majeure, strike, lock-out, labour dispute,
civil commotion, war or similar event, invasion, the exercise of military power, act
of God, government regulations or controls, inability to obtain any material or
service, or any cause beyond the reasonable control of the municipality (unless
such lack of control results from a deficiency. in financial resources). Otherwise,
time shall be of the essence of this Agreement and all the obligations contained
herein.
22. The rights and liabilities of the parties shall enure to the benefit of and be binding
upon them and their respective successors.
23. This Agreement contains the entire agreement between the municipalities.
There is no covenant, promise, agreement, condition, precedent or subsequent,
warranty or representation or understanding, whether oral or written, other than
as set forth in this Agreement.
24. Nothing in this Agreement relieves either municipality from any outstanding
financial obligation to the other in respect to of any prior agreement or other
contractual arrangement between the municipalities related to the subject matter
of this Agreement.
25. If any paragraph or clause or any of the words contained in this Agreement shall
be held wholly or partially illegal,- invalid or unenforceable by any court of
competent jurisdiction, the municipalities agree that the remainder of this
Agreement shall not be affected by the judicial holding, but shall remain in full
force and effect. The provisions of this Agreement shall have effect,
notwithstanding any statute to the contrary. Subject to the foregoing, this
Agreement fully replaces and supersedes other contractual arrangements
between the municipalities related to the subject matter of this Agreement.
26. The Clarington/Hope Township Agreement shall terminate and have no further
force and effect on the day as of which this Agreement is made, provided that
notwithstanding such termination, the obligations of each municipality to make
payments to or to indemnify the other municipality under the Clarington/Hope
Township Agreement shall continue in force until they are fully performed.
Subject to the foregoing provisions of this paragraph, this Agreement fully
replaces and supersedes any agreement or other contractual matters between
the municipalities related to the subject matter of this Agreement.
27. No supplement, amendment or waiver of or under this Agreement shall be
binding unless executed in writing by the municipality to be bound thereby. No
waiver by a municipality of any provision of this Agreement shall be deemed or
shall constitute a waiver of any other provision or a continuing waiver unless
otherwise expressly provided.
28. Any dispute that may arise under or in relation to this Agreement shall be
determined by arbitration in accordance with and pursuant to the provisions of
the Arbitration Act, S.O. 1991, c.17.
IN WITNESS WHEREOF Clarington and Port Hope have signed this Agreement.
Date: THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal
We have power to bind the Corporation.
Date: THE CORPORATION OF THE MUNICIPALITY
OF PORT HOPE
Linda Thompson, Mayor
Sue Dawe, Director of Corporate Services/Municipal Clerk
We have power to bind the Corporation.
MUNICIPALITY OF PORT HOPE
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AGREEMENT F3OR THE NORMAL MAINTENANCE i
AND REPAIR OF BOUNDARY ROADS
BETWEEN MUNICIPALITY OF CLARINGTON
AND MUNICIPALITY OF PORT HOPE
DRAWN BY: E.L. DATE:FEBRUARV, 1008
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ATTACHMENT N0.:2
REPORT NO.: EGD-024-10
BOUNDARY ROAD AGREEMENT
BETWEEN:
The Corporation of the City of Kawartha Lakes
("Kawartha Lakes")
and -
The Corporation of the Municipality of Clarington
("Clarington")
Recitals:
1. Section 27 of the Municipal Act provides that by-laws may be passed by municipalities
respecting highways within the municipalities' jurisdiction.
2. Section 28 of the Municipa! Act sets out the highways over which a municipality has
jurisdiction.
3. Section 29.1 of the Municipal Act provides that municipalities having joint jurisdiction
over a boundary line highway ("Boundary Road") may enter into an agreement to keep
any part of the highway in repair for its whole width and to indemnify the other
municipality from any loss or damage arising from the lack or repair far that part.
4. A number of Boundary Roads exist on the boundary between Kawartha Lakes and
Clarington as set out in Appendix 1 which roads have been assumed by the
municipalities or been transferred to them by the Province.
5. The road systems adjacent to the Boundary Roads have been assessed to determine
the most efficient way to link maintenance activities on Boundary Roads with
maintenance activities on the balance of road systems for both municipalities.
6. Kawartha Lakes or Clarington will by this agreement provide maintenance services
year-round or as set out in Appendix 1, on the boundary portions of all said Boundary
Roads as set out in Appendix 1 commencing January 1, 2010.
7. Kawartha Lakes or Clarington Roads Accounting process does not distinguish costs
on its Boundary Roads from costs on area roads.
IN CONSIDERATION of the covenants in this agreement and for other good and valuable
consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto
agree as follows:
1. Interpretation:
(a) Gender, Plural: All words in this agreement are deemed to include any number or gender
as the context requires.
(b) Procer Law: This agreement shall be interpreted according to the laws of the Province of
Ontario.
(c) Headinos: Article, clause and/or paragraph headings are for reference purposes only and
shall not in any way modify or limit the statements contained in any article, clause or
paragraph.
(d) Legislation: Reference to federal or provincial statutes or municipal by-laws are deemed
to refer to the relevant legislation as amended, including successor legislation.
2. Term: The parties agree to provide winter and general maintenance services on the portions
of the Boundary Roads as set out in Appendix 1 for ten (10) years from the date of execution
of this agreement.
The parties agree that this agreement shall automatically renew at the expiration of the term
or any extension of the term for a further one-year period on the same terms and conditions
unless either party provides 180 days notice in writing of its intention to terminate the
agreement at the expiration of the current term.
3. Level of Service: The parties covenant and agree to maintain the portions of the Boundary
Roads which are its responsibility according to Appendix 1, to a standard which meets
Page..../t
Boundary Road Agreement-CJry olKawartha Lakes
and The Corparat/on ofthe Mu~ddpaBry olChdnyton
provincially enacted Minimum Municipal Maintenance Standards effective during the term of
this Agreement. In addition to undertaking all work required by 0. Reg. 239/02, the parties
agree to be responsible for ditching, culvert replacement, entrance culvert maintenance, curb
replacement, guiderail repair, pavement marking, maintenance of existing road closure gates,
sewer and catchbasin cleaning, crack sealing, grass and weed cutting, sweeping and flushing,
litter control, and tree trimming and removal as part of routine maintenance.
4. Call Outs: The parties covenant and agree that the municipality having responsibility
according to Appendix 1, or its agents, shall be responsible for calling in and directing the
employees and/or contractors for the roads which are their responsibility.
5. Municipal General Liability Insurance:
(a) Each municipality shall maintain, in full force and effect, general liability insurance in an
amount of not less than Five Million Dollars ($5,000,000) per occurrence, at all times and
throughout the term of this Agreement. Each municipality shall include in the said policy,
an extension for non-owned automobile liability coverage in an amount of not less that
Five Million Dollars ($5,000,000). Each municipality shall maintain, in full force and effect,
owned automobile liability coverage in an amount of not less than Five Million Dollars
($5,000,000). The amounts of coverage shall be reviewed by the municipalities on any
renewal
(b) Kawartha Lakes shall name Clarington as an additional insured as set ouf under 5(a)
above but only with respell to the operations of Kawartha Lakes as defined under
Appendix "1" of this Agreement at all times and throughout the term of this Agreement.
(c) Clarington shall name Kawartha Lakes as an additional insured as set out under 5(a)
above but only with respect to the operations of Clarington as defined under Appendix "1"
of this Agreement at all times and throughout the term of this Agreement.
(d) Each municipality agrees to indemnify and save the other harmless from and against any
claims including legal expenses, howsoever styled, attributable to the Municipality's
negligence in performing the services required under this Agreement at all times and
throughout the term of this Agreement, such expense shall be part of the shared cost
agreement.
6. Proof of Insurance: Each party agrees to provide the other party with proof of the insurance
required under this Agreement. Each party shall also be provided within 30 days notice of
cancellation from their respective insurers.
7. Authori :The parties warrant that they have taken all necessary steps, done all acts,
passed all by-laws and obtained all approvals required to give it the authority to enter into this
Agreement.
8. Scone of Work: The parties agree that this agreement covers all winter and general
maintenance and that specifically excluded is capital work, which shall include major bridge
repair and road reconstruction. Prior approval (upon 1 year's notice) shall be obtained
regarding capital expenditures on all boundary roads-where costs are to be shared 50/50 and
the municipality having responsibility for the affected section of Boundary Road shall manage
such projects unless alternative arrangements are made. The costs incurred by either party
respecting the cost of the installation and operation of safety features and/or improvements
on railway crossings of the Boundary Rd. shall be shared equally.
9. Payment: That Kawartha Lakes deems it advisable to maintain year-round or summer
maintenance and repair the sections of boundary roads as set out in Appendix 1 and
Clarington agrees to maintain year-round and repair the sections of boundary roads as set
out in Appendix 1. And further, that all surface treatment applications are to be treated as
Capital work on a project by project approval basis.
10. Both parties agree that prior to undertaking expenditures in excess of $10,000.00 in any
year, the work be subject to each municipality's budget approval process and must be
approved by the other municipality. Any approved projects over $10,000 in cost will be
shared equally between the two parties and further that each party shall furnish the other with
an annual detailed statement of costs on their portion of boundary road.
Capital projects shall be invoiced monthly on the basis of 50% of each progress certificate as
paid by the responsible municipality for authorized work.
Page..,..R
Boundary Road Agreement -qty olKawsKha Lakes
and Tha Corporation oftha Mun/Npa/fty o/gar/ngten
11. Siahaste: Each municipality shall supply and install roadside sign(s) fofdhe sections of road
for which they are responsible as set out in Appendix 1 in accordance with all applicable
Ontario Traffic Manuals
12. Amending Formulae: Either party may, upon 180 days' wrttten notice to the other, withdraw
from this Agreement or make proposals for change to take effect 180 days after the
beginning of the notice period. Where there is mutual agreement, in writing, on a shorter
notice for change, this clause shall not prohibit early implementation of such change.
13. Entrance Permits: Entrance permits on Boundary Roads shall be processed by the
municipality in which the land requiring the permit is located on consultation with the other
municipality as to road safety conditions.
14. Severances: Severance applications with respect to lands on Boundary Roads shall be
processed by the municipality in which the lands are located on consultation with the other
municipality as to road safety conditions.
15. Traffic Regulation: By-laws regulating traffic shall be established by the municipality having
jurisdiction over that portion.of Boundary Road that it has undertaken to maintain and repair
pursuant to this Agreement. The adjoining municipality will be advised in writing of any
proposed traffic by-law amendments for comments a minimum of thirty (30) days prior to
passing of a by-law by the governing Council. The adjoining municipality will be provided with
certified copies of such by-law. The municipality having jurisdiction over a roadway which
intersects the boundary road will be responsible far the required stop and street name signs
of the intersection road.
16. Emergencies: Notwithstanding anything in this agreement, in the event of an emergency
situation, the non responsible municipality shall be allowed to react to the situation which the
other municipality would otherwise be responsible. The costs of such emergency action shall
be apportioned as set out in Section 9.
17. Notice: Any notice to be given under this agreement shall be sufficiently given if delivered
or if sent by prepaid first class mail and addressed to:
Director of Public Works
The Corporation of the City of Kawartha Lakes
P.O. Box 9000
26 Francis Street
Lindsay, ON K9V 5R8
And to:
Director of Engineering Services
The Corporation of the Municipality of Clarington
40 Temperance St.
Bowmanville, ON L1C 3A6
Receipt of notice shall be deemed on the earlier of the date of delivery or five (5) days
following the date of mailing of the notice. Either party may change its address for notice by
give notice of change of address pursuant to this section.
18. Arbitration:
(a) In the event of any dispute arising between the parties hereto relating to any matter
which is the subject of this Agreement, such dispute shall be settled by the persons
named in Section 17. In the event that the dispute cannot be settled within 30 days, then
the dispute will be submitted to arbitration by notice given by either party to the other.
(b) Upon such notice being given, the dispute shall be determined by the award of three
arbitrators or a majority of them, one to be named by each party within twenty-one (21)
days of the giving of such notice and the third to be selected by these two arbitrators
within seven (7) days after both have been nominated.
(c) If either party shall neglect or refuse to name its arbitrator within the time specified or to
proceed with the arbitration, the arbitrator named by the other party. shall proceed with
the arbitration.
Page.....f3
Boundary RasdAgreemanr-CJty olKawar[hs Lakes
and The CoryoraUOn o1Me Nun/tlpa//ty of garlrrg[nn
(d) The arbitrator(s) shall have all the powers given by the Arbitration Act of Ontario and may
at any time proceed in such manner as they may see fit on such notice as they deem
reasonable in the absence of either party if such party fails to attend.
(e) Each party shall pay its own costs.and shall share equally in the costs of the arbitration.
-(f) The casts of the arbitrators are not limited to those set forth under the Arbitration Act of
Ontario and the arbitrators shall be able to charge their usual professional charges.
19. Genera L•
(a) Notwithstanding anything in this agreement, neither party shall be in default with
respect to the performance of any of the terms of this agreement if any non-
performance is due to any force majeure, strike, lock-out, labour dispute, civil
commotion, ware or similar event, invasion, the exercise of military power, act of God,
government regulations or controls, inability to obtain any material or service or any
cause beyond the reasonable control of the party (unless such lack of control results
from a deficiency in financial resources). Otherwise, time shall be of the essence of
this agreement and all the obligations contained herein.
(b) The rights and liabilities of the parties shall enure to the benefd of and 6e binding upon
the parties and their respective successors and approved assigns.
(c) This Agreement contains the entire agreement between the parties. There is no
covenant, promise, agreement, condition, precedent or subsequent, warranty or
representation or understanding, whether oral or written, .other than as set forth in this
agreement. This Agreement fully replaces and supersedes any agreement or other
contractual arrangement between the parties related to the subject matter of this
agreement.
(d) If any provision, clause, or part of this agreement, or the application of this agreement
under certain circumstances, is held by a court or tribunal of competent jurisdiction to
be invalid, the remainder of this agreement, or the application of that provision, clause
or part under other circumstances, shall not be affected.
(e) The parties hereto agree to execute such additional documents and to pass such
additional by-laws as may be necessary in order to give effect to the meaning and
intent to this Agreement.
IN WITNESS WHEREOF the parties by their duly authorized representatives have set forth their
signatures on the dates herein written below:
Signed and sealed this day of , 2010.
THE CORPORATION OF 7HE CITY OF KAWARTHA
LAKES
Mayor
Clerk
Signed and sealed this day of
2010.
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
Maycr
Clerk
Page....l<
Boundary Road Agreement- dtyofKawartha Lakes
and The Corporation of the MunlNpallry of dar/nyton
APPENDIX # 1
BOUNDARY FROM TO HWY. LENGTH RESPONSIBLE
ROAD NUMBER CLASS. MUNICIPALITY
Boundary Road The Easterly a distance of 4 3.38 kms. Year-Round
limit of King's 3,377 m. Kawartha Lakes
Hwy, #115,
easterl
Boundary Road A point 3,377 The Township 6 3.85 kms. Summer
m. east of the of Cavan- Maintenance
easterly limit Millbrook- Kawartha Lakes
of King's . North
Hwy. #115, Monaghan
easterl Bounda
Boundary Road King's Hwy. King's Hwy. 4 1.25 kms. Year-Round
#115, #35 Clarington
wester)
ClaringtonlManve Regional The Twp, of 4 3.027 kms, Year-Round
rs Townline Road #20 Scugog Clarington
Bounda
Page..., l5
ATTACHMENT N0.:3
REPORT NO.: EGD-024.10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-XXX
Being a by-law to authorize the execution of a Boundary
Road Agreement with the Corporation of the
Municipality of Port Hope.
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
enacts as follows:
THAT the Mayor and Clerk are hereby authorized to
execute, on behalf of the Corporation of the
Municipality of Clarington and seal the
Corporation's seal, a Boundary Road Agreement for
the roads forming the boundary between the
Municipality of Clarington and the Municipality of
Port Hope, dated the XX day of XXXX, 2010, in the
form attached hereto as Schedule "X".
2. THAT Schedule "X" attached hereto forms part of
this by-law.
BY-LAW read a first and second time this XX day of XXXX, 2010.
BY-LAW read a third time and finally passed this XX day of XXXX, 2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT N0.:4
REPORT NO.: EGD-024.10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2070-XXX
Being a by-law to authorize the execution of a Boundary
Road Agreement with the Corporation of the City of
Kawartha Lakes.
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
enacts as follows:
THAT the Mayor and Clerk are hereby authorized to
execute, on behalf of the Corporation of the
Municipality of Clarington and seal the
Corporation's seal, a Boundary Road Agreement for
the roads forming the boundary between the
Municipality of Clarington and the City of Kawartha
Lakes, dated the XX day of XXXX, 2010, in the form
attached hereto as Schedule "X".
2. THAT Schedule "X° attached hereto forms part of
this by-law.
BY-LAW read a first and second time this XX day of XXXX, 2010.
BY-LAW read a third time and finally passed this XX day of XXXX, 2010.
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk