HomeMy WebLinkAboutEGD-35-05
Report II 3
Clwillgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
COUNCIL
Date:
Tuesday October 11, 2005
Resolution #: (! - tf5S - 0 if:
Report #: EGD-35-05
File#:
By-law#:~oo5:-~oa
Subject:
SNOWMOBILE AGREEMENT BETWEEN THE MUNICIPALITY OF
CLARINGTON AND THE ONTARIO FEDERATION OF SNOWMOBILE
CLUBS AND DISTRICT THREE
Recommendations:
1. THAT Report EGD-35-05 be received;
2. THAT Council approve in principle to enter into an agreement with the Ontario
Federation of Snowmobile Club (OFSC) and District Three to formalize the use of
existing snowmobile trails located on certain open and unopen road allowances
in Clarington; and
3. THAT, subject to input during the Public Meeting, the Mayor and Clerk be
authorized to execute the proposed by-law to enter into the agreement with
OFSC and District Three when the agreement has been prepared to the
satisfaction of the Director of Engineering Services and the Municipality's solicitor
and when all conditions of the agreement have been fulfilled by the OFSC and
District Three.
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Respectfully by,
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Submitted by: A.S. Cannella
Director of Engineering Services
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Reviewed by: Franklin Wu
Chief Administrative Officer
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October 5, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
Report #EGD-35-05
Page 2
1.0 BACKGROUND
1.1 The Ontario Federation of Snowmobile Clubs is the Sponsor Group to (among
others) District Three which is the User Organization. Our solicitor has advised
us that both are corporations. District Three has three Snowmobile Clubs: the
Long Sault Ridge Runners, Port Perry and Ganaraska which have long
established trails on certain roads and road allowances in Clarington. The User
Organization has requested that permission to establish these trails be
formalized. The OFSC supports this request, and the Municipality has agreed to
entertain the request to enter into an agreement which is in the best interests of
all parties. The agreement will:
. Establish the location of the trails (which is consistent with those that have
been used for almost forty years).
. Outline the responsibilities of the User Organization to maintain the trails,
install and maintain fencing and erect signage.
. Outline the responsibilities of the User Organization to ensure that users
comply with the Motorized Snow Vehicles Act and other applicable legislation.
. Obligate the User Organization to carry $5,000,000 comprehensive general
liability insurance in which the municipality is named as an additional insured.
. Indemnify the Municipality against all claims, demands, costs, losses,
damages, suits or other proceedings.
. Clarify that the Municipality will not be liable in any manner whatsoever.
The term of the agreement will be one year which will be automatically renewed
unless terminated as provided for in the agreement.
2.0 PUBLIC MEETING
2.1 A Public Meeting will be conducted by Council at its October 11th Council
meeting to allow for public input prior to the passing of the by-law. The Public
Meeting has been advertised, and any interested party is asked to apply to be
heard that evening.
Report #EGD-35-05
Page 3
3.0 CONCLUSION
3.1 The Ontario Federation of Snowmobile Clubs - District Three has for many years
used three defined trails which include travel on open and unopen road
allowances in Clarington. In the best interest of all parties, it is appropriate that
the OFSC, District Three and all the Municipality enter into an agreement
formalizing the use of certain road allowances in Clarington.
Attachments
Attachment 1 - Long Sault Ridge Runners Snowmobile Club Trail
Attachment 2 - Port Perry Snowmobile Club Trail
Attachment 3 - Ganaraska Snowmobile Club Trail
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ATTACHMENT NO.: 1
REPORT NO.: EGD-35-05
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SNOWMOBILE TRAILS m Snowmobile Trail
ATTACHMENT NO.:2
REPORT NO.: EGD-35-05
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ATTACHMENT NO.: 3
REPORT NO.: EGD-35-05