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HomeMy WebLinkAbout2002-009 F . " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2002- 09 Being a By-law to authorize the execution of an Agreement with the Regional Municipality of Durham to allow the Municipality to license the installation of transit rental benches and bus shelters by third party companies on Regional Road allowances. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY 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 with the Corporate Seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington in the form attached hereto as Schedule "A", By-law read a first and second time this 28day of January, 2002. By-law read a third time and finally passed this 28day of January, 2002. - ---- -- '-- - - - -- -~' -.-- =:..::. - ""~,~--C~>-- /' - - '-- - > r This Agreement is made in duplicate as of this 1st day of August 2001. BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") and THE MUNICIPALITY OF CLARINGTON ("Clarington") WHEREAS Clarington wishes to enter into an agreement with a third party to license locations for bus shelters and benches to provide seating space and advertising at certain bus stops in the Municipality of Clarington including locations on a highway under the jurisdiction of the Region pursuant to their authority as a municipality public transit provider; AND WHEREAS the Region is no longer entering into agreements with third parties to license the installation of bus shelters and benches to provide shelter, seating space and advertising on highways under the jurisdiction of the Region; AND WHEREAS the Region wishes to ensure that appropriate standards are met and maintained with respect to the location, condition and content of said licensed locations of bus shelters and benches and any advertising located thereon; AND WHEREAS the parties hereto wish to enter into this Agreement to provide for the terms and conditions to govern how Clarington shall approve bus shelter and bench licenses for locations on highways over which the Region has jurisdiction; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Region and Clarington mutually covenant and agree as follows: 1. The term of this agreement (the 'Term") shall begin on August 1st, 2001 and end on July 31, 2002. This Agreement shall automatically renew for successive one-year terms ("Renewal Terms") upon the same terms and conditions as set out herein, except as otherwise specifically varied by each party's written consent. 2. Clarington may enter into agreements with third parties (the "Licensees") to install and maintain bus shelters and benches at locations in the Municipality of Clarington on highways over which the Region has jurisdiction (hereafter "Regional Roads") and to collect revenues from the same on the following terms and conditions: (a) Clarington shall require as a condition of its contract with the Licensees that the Region is named as a co-insured on the Licensees public liability insurance policy with a minimum coverage of $2,000,000.00 per occurrence. Proof of said coverage shall be provided to the Region annually. Clarington shall ensure that its contract with the Licensees , 2 stipulates that the maintenance of such a policy of public liability insurance naming the Region as co-insured shall not be construed as relieving the Licensee from liability or responsibility for other or larger claims, if any, for which the Licensee may be held liable or responsible. (b) Clarington shall require as a condition of its contract with the Licensees that the Licensee shall indemnify and save harmless the Region from any and all costs, claims, demands, suits, actions and judgments made, brought or recovered against the Region resulting from any negligent act or omission by the Licensee in connection with the services rendered pursuant to that agreement. Furthermore, Clarington shall require that the licensee indemnify and save harmless the Region from any and all claims and damages due to or arising from any accident or injury which may be sustained by any person in connection with the provision of services pursuant to that agreement. (c) Clarington shall ensure that all proposed bus shelter and bench locations located on Regional Roads in Clarington shall be submitted to the Works Department of the Region for approval prior to installation; (d) Clarington shall ensure that the Licensees for any bus shelter or bench on Regional Roads obtain a road occupancy permit from the Region prior to constructing on said site; (e) The Region retains the right to limit or restrict the installation of any bus shelter or bench on any Regional Road. The specific locations of each bus shelter and bench, or the continuance of any such location, may be approved or denied as the Region, in its sole and absolute discretion deems advisable. More specifically, and without limiting the generality of the foregoing, the Region may take into consideration such factors as public safety, traffic patterns, utility locations, pedestrian convenience and visibility and effect of advertising messages; (f) The Region is entitled to restrict and reject any type of advertising and any advertisements which it deems inappropriate, as determined by the Region in its sole and absolute discretion. Clarington shall ensure that all advertisements on or in bus shelters and benches on Regional Roads in Clarington comply with the written regulations and standards set out by the Canadian Advertising Council and shall be of a moral and reputable standard. If the Region objects to any advertising, whether or not the advertising complies with those standards and is of a moral and reputable standard, Clarington shall have it removed within 48 hours of receipt of notice by the Region; (g) Clarington shall keep an inventory listing of all bus shelters and bench locations on Regional Roads and shall forward a copy of the same to the Region whenever a change to said list is made; , l' (h) (i) 3 G) At the termination of this agreement, if it is not renewed, Clarington shall ensure that all bus shelters and benches located on Regional Roads are removed at no expense to the Region; Whenever a bus shelter or bench is removed from a location on Regional Road, Clarington shall restore, at its own expense and to the standards and satisfaction of the Region, the portion of the boulevard adjacent to the site of the bus shelter or bench. If Clarington fails to complete such removal and restoration work in whole or in part, the Region may, without notice to Clarington, remove any remaining benches and effect any restoration, and the Region's cost thereof shall be paid by Clarington forthwith upon demand. Clarington shall ensure that the bus shelters and benches are maintained in good condition and shall remove any defective or damaged shelters or benches forthwith upon the request of the Region; The Region retains the right to review and comment on the size, shape, structure or any other physical attribute of the bus shelter or bench and to require changes to the same as are deemed necessary in the sole and absolute discretion of the Region. 3. In the event of any damage being caused to the property of the Region or of a third party at the time of installation, placement, maintenance or removal of any bench, Clarington shall repair such damage forthwith at its sole expense. (k) 4. Clarington shall indemnify and save harmless the Region against, (a) any and all claims for damages and from all liability, loss and expenses arising from or caused by any alleged defamatory advertising or any alleged copyright matter in any advertising; and (b) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the granting to Clarington of the rights herein contained, and resulting from the placement of any bus shelter and or bench on a highway over which the region has jurisdiction. 5. Either party may terminate this agreement at any time upon 90 days written notice to that effect being given to the other party. 6. Any notice required or permitted to be given hereunder shall be in writing and shall be given by personal delivery or by prepaid registered mail (which shall be deemed to have been received on the fourth day after mail) addressed as follows: ,. ,. , . (a) in the case of Clarington, to The Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6 (b) in the case of the Region, to The Regional Municipality of Durham, 605 Rossland Rd. E., P.O. Box 623, Whitby, ON, L 1 N 6A3 Attention: Regional Clerk 4 of Ontario. 7. This agreement shall be governed by and interpreted in accordance with the laws of the Province successors and assigns. 8. This agreement shall enure to the benefit of and be binding upon the parties hereto, and their authorized officers. IN WITNESS WHEREOF the parties have affixed their Corporate Seals, duly attested by their respect -~ Clerk .' _ PALlTY OF DURHAM- ~ROger Anderson, .Rewonal--9hair 11. / j '. ?L0<-!--:> - ~ - ~ ~ ,,' Pat Mad11l;Regional :Cl~rk :. -.-: - /-' ~ ~ '-.-.....-, ---- " -~/ -:. -:./"" - , ' - - -