HomeMy WebLinkAboutEGD-035-04
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REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, June 21,2004
Report #: EGD-35-04
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Subject:
CLARINGTON/OSHAWA BOUNDARY ROAD AGREEMENT
CLARINGTON/SCUGOG BOUNDARY ROAD AGREEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-35-04 be received;
2. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement
between the Municipality of Clarington and the City of Oshawa;
3. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement
between the Municipality of Clarington and the Township of Scugog;
4. THAT Council pass the appropriate by-laws confirming each of the agreements; and
5. THAT the Municipality's solicitor register the agreements and the by-laws in the proper
Land Registry Office.
jf{f~tJ_ O~~
Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASCfLJBfjw
June 10, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
720
REPORT NO.: EGD-35-04
PAGE 2
1.0 BACKGROUND
The purpose of this report is to seek Council approval to enter into a Boundary Road
Agreement with the City of Oshawa and into a Boundary Road Agreement with the
Township of Scugog. The Municipality had an agreement with each of Oshawa and
Scugog; however, these agreements have both expired.
2.0 COMMENT
2.1 Clarington/Oshawa Agreement
The Municipality of Clarington and the City of Oshawa abut one another along Townline
Road. While parts of this road are under the jurisdiction of the Region of Durham, and
parts are unopened, the majority of the road is 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. The only change in jurisdiction is that the
stretch of Townline Road from Taunton Road to 0.19 km north of Concession Road 6 will
now become the responsibility of Oshawa while that part from the 9th Concession to the
10th Concession will now become the responsibility of Clarington. This is strictly for
operational reasons which are mutually beneficial.
2.2 Clarington/Scugog Agreement
Clarington and Scugog adjoin along Boundary Road. Parts of this road are unopened,
parts are summer maintained only and parts are open and maintained year round. 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
for each road authority except for one 50 metre stretch of summer maintained road.
721
REPORT NO.: EGD-35-04
PAGE 3
2.3 Input to the Preparation of the Agreements
Engineering and Operations staff of each municipality have met, reviewed and revised
(where agreed) the draft documents. Legal counsels of each municipality have
collaborated on the final draft. All parties propose a ten year term for the new
agreements.
3.0 CONCLUSION
The Boundary Road Agreements between the Municipality of Clarington and City of
Oshawa and between the Municipality of Clarington and the Township of Scugog 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 No. 1 - ClaringtonfOshawa Boundary Road Agreement
Attachment NO.2 - ClaringtonfScugog Boundary Road Agreement
Attachment NO.3 - Confirming By-laws
Interested parties to be advised of Council's decision:
City of Oshawa
Township of Scugog
722
THIS AGREEMENT made in triplicate as of the _ day of
ATTACHMENT NO.: 1
REllOOlH NO.: EGD-35-04
BETWEEN:
THE CORPORATION OF THE CITY OF OSHAWA
(herein referreo to as "Oshawa")
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(herein referred to as "Clarington")
RECITALS
(a) Pursuant to section 11 of the Municipal Act. 2001. Clarington and Oshawa may pass by-
laws respecting matters within the "highways" sphere of jurisdiction.
(b) Pursuant to section 29 of the Municipal Act. 2001, if municipalities having joint
jurisdiction over a boundary line highway enter into an agreement under which each
municipality agrees 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 of repair
for that party, the agreement and a copy of the by-law authorizing the agreement may
be registered in the land registry office.
(c) Townline Road is a boundary line highway over which Oshawa and Clarington have
joint Jurisdiction.
(d) By agreement dated January 24, 1979 between Oshawa and The Corporation of the
Town of Newcastle, provision was made for the reconstruction and sharing of costs
relating to such reconstruction of that part of Townline Road between the Canadian
Pacific Railway line and Farewell Creek.
(e) By agreement dated October 1,1982 between Oshawa and The Corporation of the
Town of Newcastle, provision was made for the maintenance and repair of that part of
Townline Road forming part of the boundary between Oshawa and The Corporation of
the Town of Newcastle.
(I) By this Agreement Oshawa and Clarington wish to make provision for all matters
relating to the maintenance, repair and construction and the sharing of costs of such
construction of certain parts of Townline Road.
Now THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which by each
of the Municipalities is hereby acknowledged, THE MUNICIPALITIES HERETO AGREE AS FOLLOWS:
1. INTERPRETATION
1.01 In this Agreement where words appear with their first letter capitalized, the words shall
have the meanings set out for them in the lettered para9raphs of this Section.
Otherwise, all words used in this Agreement are intended to have the meanings
ordinarily ascribed to them in the English language.
(a) "Agreement" means this agreement, including its recitals and any schedules which
form an integral part of it, as amended from time to time.
(b)
"Claims" include any and all claims, actions, causes of action, 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
723
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Agreement, loss of life, personal injury (including, in all cases, personal
discomfort and illness), and loss of and damage to property.
(c) "Clarington" means The Corporation of the Municipality of Clarington.
(d) "Clarington Roads" mean those portions of Townline Road described in Schedule B
to this Agreement and as depicted in Schedule D to this Agreement. For the
purposes of Section 3.02 of this Agreement. Clarington Roads shall also include
any unopened part of Townline Road between the northern limit of Oshawa Roads
and the north em limit of Clarington. The approximate total length of Clarington
Roads, excluding any unopened part of Townline Road, is 4.81 km.
(e) "Construction" includes reconstruction, gravelling, 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 and service connections and also similar activities and materials in,
under, over, upon, along, above or across Towniine Road but does not include
Maintenance and Repair.
(I) "Construction Costs" means all costs relating to Construction and include costs
relating to surveying, designing, drafting, preparation of specifications, requests for
proposals, tendering, supervision of construction, accounting, overhead costs,
debenturing, interest and financing costs.
(g) "Developing Municipality" means the Municipality in which a Development is
proposed or occurs.
(h) "Deveiopment" means any work on or to land or buildings, including
redevelopment, which requires one of the following actions:
(i) the passing of a zoning by-law, or an amendment to a zoning by-law under
section 34 of the Planning Act;
(ii) the approval of a site plan under section 41 of the Planning Act;
(iii) the approval of a minor variance under section 45 of the Planning Act which
involves a change in use, intensification of use or expansion of use;
(iv) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(v) the approval of a Plan of Subdivision under section 51 of the Planning Act;
(vi) a consent under section 53 of the Planning Act;
(vii) the approval of a description under sections 8 or 9 of the Condominium Act,
1998; or
(viii) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure,
(i)
"Durham Roads" means those portions of Townline Road described in Schedule C
to this Agreement and as depicted in Schedule D to this Agreement. The
approximate total length of Durham Roads is 5.40 km.
U)
"Maintain and Repair" means activities relating to the maintenance and repair of
municipal highways in accordance with and to the standard from time to time
prescribed by by-law and policy, as applicable, of Clarington or Oshawa, as the
case may be, including, without limitation, ditching, CSP culvert replacement, box
culvert restoration, curb replacement, guiderail repair, pavement marking,
regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching,
grading and seasonal maintenance, sidewalk replacement, sidewalk maintenance,
maintenance of existing road closure gates, sewer and catch basin cleaning,
724
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pnming crack sealing, grass and weed cutting, sweeping and fiushing, traffic and
regulatory sign maintenance, winter control measures (including snow plowing,
snow removal, snow fencing and de-icing) litter control, tree trimming and removal,
traffic signalization maintenance and bridge maintenance.
(k) "Municipality" means Clarington or Oshawa.
(I) "Oshawa" means The Corporation of the City of Oshawa.
(m) "Oshawa Roads" mean those portions of Townline Road described in Schedule A
to this Agreement and as depicted in Schedule 0 to this Agreement. For the
purposes of section 3.01 of this Agreement, Oshawa Roads shall also include any
unopened part of Townline Road between Oshawa's southern limit and the
northern limit of Oshawa Roads. The approximate total length of Oshawa Roads,
excluding any unopened part of Townline Road, is 4.12 km.
(n) "Term" means the term of this Agreement as specified in section 2.01 of this
Agreement.
(0) "Townline Road" is a boundary line highway that includes Clarington Roads,
Durham Roads and Oshawa Roads.
1.02 All words in this Agreement shall be deemed to include any number or gender as the
context requires.
1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.
1.04 Article, section, clause and/or paragraph headings are for reference purposes only and
shall not in any way modify or limit the statements contained in the text ofthis Agreement.
1.05 References to federal or provincial statutes or regulations or municipal by-iaws are
deemed to refer to the relevant legislation as amended, including successor legislation,
Without limitation,
(a) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23;
(b) "Condominium Act, 1998" means the Condominium Act, 1998,8.0.1998, c.19;
(c) "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25;
(d) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13
2. TERM
2.01 The term of this Agreement shall commence on the date that by-laws of both
Municipalities authorizing the execution of this Agreement have been passed ("By-law
Date"). The term of this Agreement shall expire on the later of the 10'" anniversary of the
By-law Date and the date on which either Municipality has notified the other that this
Agreement has been terminated. The Municipalities acknowledge that this Agreement
together with a copy of the by-laws authorizing the execution of this Agreement may be
registered in the Land Registry Office of Durham (no. 40).
3, MAINTENANCE AND REPAIR
\
I
3.01 Oshawa covenants and agrees that it shall:
\
,
,
!
(a)
(b)
Maintain and Repair to their full width Oshawa Roads;
725
indemnify and save harmless Clarington from and against any Claims arising from
or in any way related to any alleged failure by Oshawa to Maintain and Repair
Oshawa Roads; and
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726
(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in
respect of Oshawa Roads except with Clarington's prior written consent.
3.02 Clarington covenants and agrees that it shall:
(a) Maintain and Repair to their full width Clarington Roads;
(b) indemnify and save harmless Oshawa from and against any Claims an sing from or
in any way related to any alleged failure by Clarington to Maintain and Repair
Clarington Roads; and
(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in
respect of Clarington Roads except with Oshawa's prior written consent.
3.03 Oshawa and Clarington shall, subject to each Municipality's budget approval. share
equally the cost of any regraveiling, repaving and emulsion resurfacing, bridge
maintenance, box culvert restoration and traffic signalization maintenance associated with
their respective obligations to Maintain and Repair contemplated by clauses 3.01 (a) and
3.02(a) of this Agreement.
3.04 Clarington shall administer access and utility consents to Towniine Road from Clarington.
3.05 Oshawa shall administer access and utility consents to Townline Road from Oshawa.
3.06 Each Municipality shall consult with the other for the purposes of the administration of
access pursuant to sections 3.04 and 3.05 of this Agreement.
4, STREET LIGHTING
4.01 Oshawa and Clarington shall, subject to each Municipality's budget approval, share
equally the costs of providing and maintaining a street lighting system in respect of
Clarington Roads, Durham Roads and Oshawa Roads.
5. CONSTRUCTION
5.01 Subject to Article 6 of this Agreement and to each Municipality's budget approval, Oshawa
and Clarington will contribute equally to Construction Costs related to Construction of
Oshawa Roads and Clarington Roads.
6. DEVELOPMENT
6.01 Notwithstanding paragraphs 3.01 (c) and 3.02(c) of this Agreement, if Construction relates
to a Deveiopment, the Developing Municipality may undertake or cause or permit to be
undertaken such Construction on the following terms:
(a) The Developing Municipality shall give to the other Municipality at least eight (8)
weeks' written notice prior to the commencement of such Construction.
(b) The other Municipality shall bear none oflhe Construction Costs relating directly to
such Construction.
6.02 Nothing in section 6,01 shall derogate from each Municipality's obligation to Maintain and
Repair Townline Road pursuant to the terms of this Agreement.
7. GENERAL
7.01 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 Clarington at:
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727
The Corporation of the Municipality of Clarington
Attention: Director of Engineering Services
40 Temperance Street
Bowmanville, ON
l1 C 3A6
and to Oshawa at:
The Corporation of the City of Oshawa
Attention: Commissioner of Development Services
50 Centre Street South
Oshawa, ON
L 1H 3Z7
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 Municipality may change its address for
notice by giving notice of change of address pursuant to this section.
7.02 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, govemment 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 ofthis Agreement and all the
obligations contained herein.
7.03 The Municipalities shall jointly determine no less frequently than quarterly during each year
of the term of this Agreement (individually, an "Adjustment Date") the amount, if any, to be
paid by one Municipality to the other Municipality in accordance with the terms of this
Agreement in respect of the period for which the determination is being made. In the
event that the Municipalities do not jointly determine such amount within thirty (30) days of
an Adjustment Date, either Municipality may refer the matter to be finally settled by
arbitration in accordance with the provisions of this Agreement. The provisions of the
Arbftration Act, 1991, S.O. 1991, c. 17 shall apply, except where a contrary intention is
expressed herein, The matter shall be referred to the arbitration of a single arbitrator, if the
parties agree upon one, otherwise to three arbitrators, one to be appointed by each party
and a third to be chosen by the first two named before they enter upon the business of
arbitration. The award and determination ofthe arbitrator or arbitrators or any two of the
three arbitrators shall be binding upon the Municipalities, Any amount shall be paid within
thirty (30) days of the earlier of the Municipalities' determination or the award of the
arbitrator(s), as applicable.
7.04 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding
upon the Municipalities and their respective successors and approved assigns.
7.05 Subject to section 7.06 of this Agreement, this Agreement contains the entire agreement
between the Municipalities. There is no covenant, promise, agreement, condition
precedent or subsequent, warranty or representation or understandin9, 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 Municipalities
related to the subject matter of this Agreement.
7.06 Nothing in this Agreement relieves either Municipality from any outstanding financial
obligation to the other in respect of any prior agreement or other contractual arrangement
between the Municipalities related to the subject matter of this Agreement.
7.07
If any article, section, subsection, paragraph, clause or subclause 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.
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7.08 No supplement, amendment or waiver of or under this Agreement shail be binding unless
executed in writing by the Municipality to be bound thereby. No waiver by a Municipality of
any provision of this Agreement shail be deemed or shall constitute a waiver of any other
provision or a continuing waiver unless otherwise expressly provided.
WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duiy
attested by the proper signing officers in that behalf.
THE CORPORATION OF THE CITY OF OSHAWA
MAYOR
cis
CLERK
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAYOR
cis
CLERK
728
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Schedule "A" ("Oshawa Roads")
Those parts of Townline Road:
(a) from McLaughlin Bay on Lake Ontario northerly to Provincial Highway No. 401, being a
distance of approximately 0.18 km;
(b) from the St. Lawrence & Hudson Railway (formerly CPR) northerly to Durham Regional
Road 22 (Bloor Street in Clarington), being a distance of approximately 1.15 km;
(c) from Durham Regional Road 22 (Bloor Street East in Oshawa) northerly to Cherrydown
Drive in Oshawa, being a distance of approximately 0.46 km:
(d) from a point approximately 0.08 km south of Durham Road 59 (Olive Avenue in
Oshawa) northerly to Durham Regional Road 59 (Olive Avenue in Oshawa), being a
distance of approximately 0.08 km; and
(e) from Durham Regional Road 4 (Taunton Road) northerly to Conlin Road East in
Oshawa (Concession Road 6 in Clarington) and further northerly approximately 0.19 km
to the southerly limit of the unopened part of Townline Road, being a total distance of
approximately 2.25 km.
Schedule "B" ("Clarington Roads")
Those parts of Townline Road:
(a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa,
being a distance of approximately 0.18 km; and
(b) from a point approximateiy 0.22 km south of Regional Road 3 (Columbus Road East in
Oshawa) northerty to Regional Road 3 and further northerly approximately 4.41 km to
Concession Road 10 in Clarington, being a total distance of approximately 4.63 km.
Schedule "e" ("Durham Roads")
Those parts of Townline Road:
(a) from Regional Road 22 (Bloor Street in Clarington) northerty to Regional Road 22 (Bloor
Street East in Oshawa), being a distance of approximately 0.25 km; and
(b) from Regional Road 59 (Olive Avenue in Oshawa), northerly to Regional Road 4
(Taunton Road), being a distance of approximately 5.15 km.
729
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SCHEDULE B (NORTH HALF) ,~ ',',
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BOUNDARY ROAD AGREEMENT
BETWEEN
THE CITY OF OSHAWA & THE MUNICIPALITY OF CLARIN.GTON
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ATTACHMENT NO.: 2
REPORT NO.: EGD-35-04
TillS AGREEMENT made in triplicate as of this
day of
,2004.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
(herein referred to as "' Clarington")
-and-
THE CORPORATION OF THE TOWNSillP OF SCUGOG,
(herein referred to as UScugog")
WHEREAS:
(A) Section 11 of the Mnnicipal Act provides that by-laws may be passed by the
councils of all single tier municipalities respecting highways.
(B) And whereas Section 28 of the Municipal Act provides that a municipality has
joint jurisdiction over all highways over which it had jurisdiction on December
31, 2003.
(C) And whereas Section 29 ofthe Municipal Act provides that the corporations of
adjoining municipalities, having joint jurisdiction over boundary roads, may
enter into an agreement for the maintenance and repair of any highway
forming the boundary between such municipalities under which each
municipality may agree 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 of repair for that part.
(D) Clarington and Scugog are adjoining municipalities.
(E) Boundary Road is a road forming part of the boundary between the northern
limit of Clarington and the southern limit of Scugog.
(F') By agreement dated November 29, 1993 between The Corporation of the
Municipality of Clarington and The Corporation of the Township of Scugog,
provision was made for the maintenance and repair of that part of Boundary
Road forming part of the boundary between Clarington and Scogog Township.
(G) By this Agreement, Clarington and Scugog wish to make provision for all
matters relating to the maintenance, repair and construction and the sharing of
costs of such construction of certain parts of Boundary Road forming part of
the boundary between Clarington and Scugog.
(H) And whereas Subsection 29(4) of the Mnnicipal Act, provides for the
registration of this agreement in the proper registry office for the area in which
the highway is located.
Now THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which by
each of the Municipalities is hereby acknowledged, THE MUNICIPALITIES HERETO AGREE AS
FOLLOWS:
l... INTERPRETATION
732
IIay. 2
1.01 In this Agreement where words appear with their first letter capitalized, the
words shall have the meanings set out for them in the lettered paragraphs of
this Section. Otherwise, all words used in this Agreement are intended to have
the meanings ordinarily ascribed to them in the English language.
(A) "'Agreement" means this agreement, including its recitals and any schedules
which form an integral part of it, as amended from time to time.
(B) "Bona Fide Farme~' means a member in good standing with the Ontario
Federation of Agriculture.
(C) "Boundary Road" is a road forming part of a boundary between the northern
limit of Clarington and the southern limit of Scugog, including all intersections
with local roads, as more particularly described in Schedule "A" and more
particularly depicted in Schedule "B".
(D) "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.
(E) "Clarington" means The Corporation of the Municipality of Clarington,
(F) "Construction" includes, but is not limited to, reconstruction, graveling, paving
and excavating and includes the installation of engineered fill, subdrains,
granular base, concrete curb and gutter, concrete sidewalk, guiderails,'
topsoii, sod, street trees, storm sewers, catch basins, culverts, bridge
construction, traffic signalization, sanitary sewers, watermains, and service
connections.. and also similar activities and materials in, under, over, upon,
along, above or across Boundary Road but does not include Maintenance
and Repair.
(G) "Construction Costs" means all costs relating to Construction and includes,
but is not limited to, costs for staff or consultants, soils analysis, surveying,
designing, drafting, preparation of specifications, requests for proposals,
tendering, supervision of construction, accounting, overhead, debenturing,
interest financing and net land acquisition costs.
(H) "Developing Municipality" means the Municipality in which a Development is
proposed or occurs,
(I) "Development" means any work on or to land or buildings, including
redevelopment, which requires one of the following actions:
vii.
the passing of a zoning by-law, or an amendment to a zoning
by-law under section 34 of the Planning Act;
viii.
Act;.
the approval of a site plan under section 41 of the Planning
733
I1u'Y" 3
iii. the approval of a minor variance under section 45 of the
Planning Act which involves a change in use, intensification of
use or expansion of use;
iv, a conveyance of land to which a by-law passed under
subsection 50(7) of the Planning Act applies;
v. the approval of a Plan of Subdivision under section 51 of the
Planning Act;
vi. a consent under section 53 of the Planning Act;
vii. the approval of a description under section 50 of the
Condominium Act; or
viii. the issuing of a permit under the Building Code Act, 1992, in
relation to a building or structure.
(J) "Maintain and Repair" includes, but is not limited to, activities relating to the
maintenance and repair of municipal highways in accordance with and to the
standard from time to time prescribed by by-law and policy, as applicable, of
Scugog or Clarington, as the case may be, including, without limitation,
ditching, culvert replacement, curb replacement, guiderail repair, pavement
marking, reg ravelling, repaving, emulsion resurfacing, asphalt patching,
gravel patching, shoulder maintenance, grading and seasonal maintenance,
maintenance of existing road closure gates, sewer and catchbasin cleaning,
priming crack sealing, grass and weed cutting, sweeping and flushing, traffic
and regulatory sign maintenance, winter control measures litter control, tree
trimming and removal and street lighting maintenance,
(K) "Municipality" means Clarington or Scugog, as the case may be.
(L) "Scugog" means The Corporation of the Township of Scugog.
(M) "Summer Maintenance" means one (1) spring grading and one (1) fall
grading undertaken at the request of a Bona Fide Farmer, as well as the
picking up of debris, once annually, to be coordinated by the appropriate
authorities on a cost sharing basis (for the debris pick up activity only).
(N) "Term" means the term ofthis Agreement as specified in section 2.01 of this
Agreement.
1.02 All words in this Agreement shall be deemed to include any number or
gender as the context requires.
1,03 This Agreement shall be interpreted according to the laws of the
Province of Ontario.
1.04 Article, section, clause and/or paragraph headings are for reference
purposes only and shall not in any way modify or limit the statements
contained in the text of this Agreement.
1.05 References to federal or provincial statutes or regulations or municipal
by-laws are deemed to refer to the relevant legislation as amended, including
successor legislation. Without limitation,
a. "Building Code Act" means the Building Code Act, 1992, 8,0, 1992, c. 23
734
b. "Condominium Act" means the Condominium Act, S.D. 1998 c.
c. "Municipal Act" means the Municipal Act, S.D. 2001 c.25
d. "Planning Act" means the Planning Act, R.S.O. 1990, c. P. 13
735
ITU'}'E 4
I1ays 5
~ TERM
2.01 The term of this Agreement shall commence on the date that this
Agreement has been execnted hy both parties. The term of this Agreement
shall expire on the ruth (5th) anniversary of snch date. The Mnnicipalities
acknowledge that this Agreement together with a copy of the by-laws
authorizing the execution of this Agreement may be registered in the Land
Registry Omce of Durham (no. 40).
2.02 It is agreed that at the expiration of the Term of this Agreement, or any
extension thereof, the Term shall deem to be extended for further periods of
five (5) years each upon the same terms and conditions that are contained in
this Agreement nnless either party to the Agreement, at least six (6) months
before the expiration of such term or any extension thereof, shall have given to
the other notice in writing of the intention of that party to terminate the
Agreement at the expiration of the current Term.
J., MAINTENANCE AND REPAIR
3.01 Clarington covenants and agrees that it shall:
(A) Maintain and Repair to its fnll width, the portion of the Bonndary
Road called the "Clarington Year Round Portion tI in SchedUle 11 A ".
(B) Undertake Summer Maintenance, to its full width, the portion of the
Boundary Road caUed the HClarington Summer Maintenance Portion"
in Schedule II A" .
(C) Indemnify and save harmless Scngog from and against any Claims
arising from or in any way related to any alleged failure by Clarington
to maintain and repair these portions of the Boundary Road.
3.02 Scugog covenants and agrees that it shall:
(A) Maintain and Repair to its fnII width, the portion of the Bonndary
Road called the "Scugog Year Round Portionll in Schedule "A".
(B) Undertake Summer Maintenance, to its fnII width, the portion of the
Boundary Road called the IIScugog Summer Maintenance Portion" in
Schedule II A" .
(C) Indemnify and save harmless Clarington from and against any Claims
arising from or in any way related to any alleged failure by Scngog to
maintain and repair these portions of the Boundary Road.
3.03 Clarington and Scugog shall, subject to each Mnnicipality's bndget
approval, share the cost of Maintaining and Repairing the Boundary Road
consistent with the activities detailed in clauses 3.01 and 3.02 of this
Agreement.
3.04 The parties shall administer municipal access and consent to the
Boundary Road, 00 the portions under their respective jurisdictions.
4. CONSTRUCTION
736
4.01
Subject to Section 6 of this Agreement, and subject to each
Municipality's budget approval, Clarington and Scngog will contribnte equally
Ilcx'fE 6
to the Construction costs (including design, engineering and all associated
costs) related to improvements to the Bonodary Road. This work shall be
nndertaken by Clarington, and Clarington sball provide Scngog with at least Ii
months written notice prior to the commencement of Construction. Clarington
covenants and agrees that it shall not undertake any Construction on the
Boundary Road except with Scugog's written consent. Scugog agrees to pay
Clarington tbeir sbare of the cost of construction within 30 days of receipt of
invoice.
~ DEVELOPMENT
5.01 If Construction relates to a Development, tbe Developing Municipality
may undertake, or cause, or permit to be undertaken such Construction on the
following terms:
(A) The Developing Municipality shall give to the other Municipality at least
eight (8) weeks written notice prior to the commencement of such
Construction.
(B) The other Municipality shall bear none of the Construction costs
relating directly to such Construction.
5.02 Nothing in section 6.01 shall derogate from Clarington's and Scngog's
obligation to Maintain and Repair the Boundary Road pursuant to the terms of
this Agreement.
~ FINANCIAL
6.01 Clarington and Scugog will coordinate and supervise all Maintenance, Repair
and Construction Work for their respective portions of the Boundary Road
(except for clause 6.01 related to development related Construction and annual
collection and disposal of debris) and be responsible for payment of all related
expenses.
'b GENERAL
7.01 Any notice to be given onder this Agreement shall be sufficiently given
if delivered or if sent by prepaid first class mail and addressed to Scugog at:
The Corporation of tbe Township of Scugog
181 Perry Street, P. O. Box 780
Port Perry Ontario
L9L 1A7
to the attention of the Township Clerk, with a copy to the Director of Public
Works.
and to Clarington at:
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3Ab
737
to the attention of the Municipal Clerk, with a copy to the Direetor of
Operations and Director of Engineering.
Receipt of notice shall be deemed ou the earlier of the date of delivery or live
(5) days following the date of mailing of the notice. Either Municipality may
I1aYE 7
change its address for notice by giving notice of change of address pursuant to
this section.
8.02 Notwithstanding anything in this Agreement, neither Municipality shall
he in defanlt with respect to the performance of any of the terms of this
Agreement if any Don-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.
8.03 The rights aud Iiahilities' of the Municipalities shall ennre to the henefit
of and be binding upon the Municipalities and their respective successors and
approved assigns.
8.04 Snbjectto section 8.05 of this Agreement, 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. This Agreement fnlly replaces aud snpersedes any agreement or
other contractnal arrangement hetween tbe Municipalities related to the subject
matter of this Agreement.
8.05 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 malter of this Agreement.
8.06 If any article, section, subsection, paragraph, clause or subclause or
any of the words contained in this Agreement shaU be held whoUy or partia1Iy
illegal, invalid or unenforceable by any court of competent jurisdiction, the
Mnnicipalities agree that the remainder of this Agreement shall not he affected
by the jndicial holding, but shall remain in fnll force and effect. The
provisions of this Agreement shall have effect, notwithstanding any statute to
the contrary.
8.07 No supplement, amendment or waiver of or under this Agreement shall
be binding nnless executed in writing by the Municipality to be hound thereby.
No waiver hy 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.
8.08 Any dispnte 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.
WITNFSS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals dnly
attested by the proper signing officers in that behalf.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
738
MAYOR
cis
ITay. 8
739
CLERK
ITU'}'E 9
THE CORPORATION OF THE TOWNSlllP OF SCUGOG
MAYOR
cis
CLERK
740
Schedule" A" ("Boundary Road")
Those parts of the Bouudary Road:
(a) from west Boundary Road easterly to Enfield Road, a distance of approximately
2,000 m (herein called "Clarington Summer Maintenance Portion")
(b) from Enfield Road, easterly a distance of approximately 4,050 m (herein called
"Unopened Portion")
(c) from the easterly limit of the Unopened Portion easterly a distance of
approximately 1,250 m to Regional Road 57 (herein called "Clarington Year
Round Maintenance Portion")
(d) from Regional Road 57 easterly a distance of approximately 2,000 m (herein
called "Scugog Summer Maintenance Portion")
(e) from the easterly limit of the Scugog Summer Maintenance Portion, easterly a
distance of approximateiy 800 m (herein called "Scugog Year Round
Maintenance Portion")
(I) from the easterly limit of the Scugog Year Round Portion, easterly a distance of
approximately 4,110 m to the Clarington/City of Kawartha Lakes boundary road
(herein called the "Scugog Summer Maintenance Portion")
741
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ATTACHMENT NO.: 3
REPORT NO.: EGD-35-04
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-_
being a by-law to authorize the execution of a Boundary
Road Agreement with the Corporation of the City of Oshawa.
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 behaif of the Corporation of the Municipality
of Clarington and seal with the Corporation's seal, a
Boundary Road Agreement for the roads forming the
boundary between the Municipality of Clarington and the
City of Oshawa, dated the day of , 2004, in
the form attached hereto as Sched ule "X".
2. THAT Schedule "X" attached hereto forms part of this by-
law.
BY-LAW read a first and second time this 28'" day of June, 2004.
BY-LAW read a third time and finally passed this 28th day of June, 2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
743
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-_
being a by-law to authorize the execution of a Boundary
Road Agreement wrth the Corporation of the Township of
Scugog.
NOW THEREFORE, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to
execute, on behalf of the Corporation of the Municipality
of Clarington and seal with the Corporation's seai, a
Boundary Road Agreement for the roads forming the
boundary between the Municipality of Clarington and the
Township of Scugog, dated the day of , 2004, 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 28th day of June, 2004.
BY-LAW read a third time and finally passed this 28th day of June, 2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
744