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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 a0/o- p 9a ao is - oQs 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 i 4tlA0.1IH ..1 11 "V~ ' I PJM '. ~ tNearau aaap Hu # $ ~ ~ - 8 € my gg d ~ Distance=5.7 km 4 I 4ftf ~ w 3 ~ ~ y 5 flEOOHOLR6?D B. M1i^Hwn9/n RORpI ~ f ,. F: ~ 4 ~ s imrvcesecrv Npw9 ,~ 11 ' x , 9393 Distance=l.9 km pp F 8 9 & ~ Y ~ ' cG{'.E991pN 0.ORO5 O I ' '~,\i-. a X I X x~ ~ ' x y £ ~ ~gg s i3 & ~ ~ X Ii & X mNCas SgNaaw~ X 5R LINS ', Distance=0.6 km Q NNLLE e ~ ~ X A - & Sow & k v ' n ~ z s ~ . X - z , Q $ ' $ & ~ X w ~ z x . -CON fE9&GN N2)w9 ~ I ~ T ~ k c ° ~ ~ i s a ~ s ~ p ~ ~ ~Disiance=2Jk - r ~ a T r $ W i ~ ~ ~ , ~ Distance= - ,_ \ Y ~ =u ~ ca+caegalaN awpi ~ 1 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 SCHEDULE'R' "I` Legend -~ - XXX Unopenetl ClannBton Juristlickm K K) Unapenetl Pwt Hope Juristlidion xrotty=n «i ~ Pronncial Highways a Regional Roatls ~duricipalily a Clannglon Respomi5ility (6 8 km) ~~1 Townsip of Pon Hope Respanai5ifrty (7.8 km) aR{N - Rpatls Municipal Roatls -_ ~ _L~~ lakedNM 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