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HomeMy WebLinkAbout2010-093THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-093 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: 1. 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 12~h day of July, 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 12~h day of July, 2010. BY-LAW read a third time and finally passed this 12~' day of July, 2010. ~~ r- -. ~ i BowMary aaadagreemenr-Clry o/Kawarrha Lakes one rlN Coiperatlon o/Me NuMdpsllry ofCladngrsn (d) The arbitrator(s) shall have all the powers given by the Arbitration Acf 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 costs 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. General: (a) Notwithstanding anything in this agreement, neither party shall be in defauR with respect to the performance of any of the terms of this agreement if any non- performance is due to any force majeure, strike, lack-out, labour dispute, civil commotion, ware or similar event, invasion, the exercise of military power, act of God, governmentregulations 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 benefit of and be 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 adddional 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 7S ~ ~ day of ~ ~t ~S(~t 5~ , 2010. THE CORPORATIOKOFJTHE CITY OF LAKES / ~ ^~~ - Cler Signed and sealed this ~~~ day of ~ f Li~, 2010. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Page.__!4 - Patti L Barrie, Clerk provincially enacted Minimum Municipal Maintenance Standards effective during the term of this Agreement. In addition to undertaking all work required by 0. Reg. 239102, the parties agree to be responsible for ditching, culvert replacement, entrance culvert maintenance, curb replacement, guiderail repair, pavement marking, maintenance of existing road dosure gates, sewer and catchbasin cleaning, crack seating, 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 municpality having responsibility according to Appendix 1, or its agents, shall be responsible for calling in and directing the employees andlor contractors far the roads which are their responsibildy. 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 Fiva Million Dollars ($5,000,000) per occurrence, at all times and throughout the farm 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 out under 5(a) above but only with respect 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 put under 5(a) above but only with respeG to the operations of Clarington as defined under Appendix "1" of this Agreement at all times and throughout the term of Chia 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. 8. 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. Authors :The parties warcant 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 exGuded is capital work, which shall include major bridge repair and road rewnstructian. Prior approval (upon t year's notice) shall be obtained regarding capital expenditures on all boundary roads where costs are to 6e 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 respelling the cost of the installation and operation of safety features andlor improvements on railway crossings of the Boundary Rd. shall be shared equally. 9. Payment: That Kawartha Lakes deems d 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 projeG by project approval basis. 10. Bath 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°h of each progress certificate as paid by the responsible municipality for authorized work. Page. J2 11. Si na e: Each municipality shall supply and install roadside sign(s) for the 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' written 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 respeC 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 portionof 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 for the required stop and street name signs of the intersection road. 18. Emeraenefea: 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 'rf delivered or if sent by prepaid first Gass mail and addressed to: Director of Public Works The Corporation of the City of Kawartha Lakes P.O. Box 9000 28 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. Paga... /3 and the Cbryn+atlonWNe MUnIUCe/Ih WChiinCrcn (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 costs 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. General: (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 malarial or service or any cause beyond the reasonable control of the party (unless such lack of control results from a defciency in financial resources). Otherwise, time shall be of the essence of this agreement and all the obligafions contained herein. (b) The rights and liabilities of the parties shall enure to the benefd of and be 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, condNian, precedent or subsequent, warranty or representation or understanding, whether oral ar written, other than as set forth in this agreement. This Agreement fulty 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 tdbunal of competentjurisdiction 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 authodzed representatives have set forth their signatures on the dates herein written below: Signed and sealed this day of , 2010. 7HE CORPORATION OF THE CITY OF KAWARTHA LAKES Mayor Signed and sealed this ~ 7 ~ day of Vl.c ~t~ , 2010. THE CORPORATION OF THE AAUNICIPALITY OF CLARINGTON Page.. /4 PSG L-Barrie, Cleric oim; APPENDIX # 1 BOUNDARY FROM TO HVYY. 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, easted 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 NoM Hwy.#115, Monaghan easted Bounda Boundary Road King's Hwy. King's Hwy. 4 1.25 kms. Year-Round #115, #35 Clarington wested ClaringtoNManve Regional The Twp. of 4 3.027 kms. Year-Round rs Townline Road #20 Scugog Clarington Bounda Page.._f5