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HomeMy WebLinkAbout2005-202 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2005-202 Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and Ontario Federation of Snowmobile Clubs - District Three and Ontario Federation of Snowmobile Clubs WHEREAS at the meeting held on October 11, 2005, the Council of the Municipality of Clarington passed Resolution #C455-05 adopting the recommendations contained within Report EGD-35-05: NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY 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 Seal, an agreement between Ontario Federation of Snowmobile Clubs - District Three and said Corporation; and 2. THAT the agreement attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this 24th day of October 2005. By-law read a third time and finally passed this 24th day of October 2005. /0/At6-. Mutton, Mayor /\ / , , December 15, 2009 THIS AGREEMENT made in triplicate as of this day of December, 2009. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART -and- ONTARIO FEDERATION OF SNOWMOBILE CLUBS - DISTRICT THREE (hereinafter called the "User Organization") OF THE SECOND PART -and- ONTARIO FEDERATION OF SNOWMOBILE CLUBS (hereinafter called the "Sponsor") OF THE THIRD PART WHEREAS the User Organization has requested the Municipality's permission to establish one or more recreational trails, trail connections and/or trail crossing(s) within the municipal road allowance (the "Municipal Road Allowance") and/or upon other property owned by the Municipality (hereafter "Municipal Property"). AND WHEREAS the Sponsor supports the User Organization's request to establish the recreational snowmobile trails, trail connections and/or trail crossing(s). -2- AND WHEREAS the Municipality has accepted this request with the understanding that the Municipality, the User Organization and the Sponsor would enter into an agreement to govern the establishment and operation of recreational snowmobile trails, trail connections and/or trail crossing(s) and the use of the Municipal Road Allowances and/or Municipal Property. NOW THEREFORE in consideration of the premises and covenants herein contained and the sum of Two ($2.00) Dollars and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged), the parties agree as follows: 1.0 TERM 1.1 The term of this agreement shall be for seven (7) months commencing on the 1St day of October 2009 and ending on the 30"' day of April 2010. 1.2 Unless terminated pursuant to the provisions of article 7, the term shall be automatically renewed for further periods of seven (7) months commencing on October 1St of the year in which the later of the term or renewal thereof ends on the condition that prior to the end of the existing contract term the User Organization provides the Municipality in writing with the name, address and telephone number of a member of authority within the User Organization who shall be the User Organization's representative in communications with the Municipality during subsequent renewal term. 2.0 LOCATIONS OF TRAILS 2.1 The agreement contained herein between the parties pertains to the establishment and operation of recreational snowmobile trails, trail connections and/or trail crossing(s) within those areas of Municipal Road Allowances stated in Schedule "A" and those areas of Municipal Property stated in Schedule "B" attached hereto. Schedules "A" and "B" form a part of this agreement. 3.0 RESPONSIBILITIES 3.1 The User Organization shall design, construct and maintain the recreational snowmobile trails, trail connections and/or trail crossing(s) in the areas of the Municipal Road Allowances and the areas of other Municipal Property stated in Schedules "A" and "B", respectively, using methods acceptable to the Municipality's Director of Engineering Services. 3.2 The User Organization shall repair and maintain in good repair perimeter fencing of recreational snowmobile trails, trail connections and/or trail -3- crossings from the areas of the Municipal Road Allowances and the areas of other Municipal Property stated in Schedules "A" and "B", respectively, that has been damaged by persons driving or riding snowmobiles to Municipality's standards as determined in the absolute discretion of the Director of Engineering Services or his or her designee, provided that if the User Organization fails to effect such repairs or do such maintenance within twenty (20) days from the date on which written notice is given by the Municipality's Director of Engineering Services to the User Organization requiring them to be done, they may be effected by the Municipality at the User Organization's cost. Such cost shall be deterrnined in the Director of Engineering Services in his absolute discretion, and shall be invoiced in writing to the User Organization. The User Organization shall pay such cost within ten (10) days following the giving of such written notice to the User Organization. 3.3 The User Organization shall ensure that all persons using the recreational snowmobile trails, trail connections and/or trail crossing(s) do so in accordance with safe operating procedures, and the requirements of applicable legislation, including but not limited to the provisions of the Motorized Snow Vehicles Act, as amended. 3.4 The User Organization shall carry out all maintenance required to standards acceptable to the Municipality to ensure the safe operation and use of the recreational snowmobile trails, trail connections and/or trail crossing(s) including, without limitation, the removal of debris, garbage, vegetation and snow and will carry out trail grooming as required within the Municipal Road Allowances, stated in Schedule "A" excluding from the Municipal Road Allowances the serviced roadways and the shoulders, and upon other Municipal Property stated in Schedule "B". 3.5 The User Organization shall apply to the Director of Engineering Services, or his or her designee, for permission to erect signs on the Municipal Road Allowances stated in Schedule "A" to identify and give advance warning of the snowmobile trail crossings on or before October 1 each year during the term of the agreement and any renewal term(s) thereof. The Director, or his or her designee, may give or refuse to give such permission in their uncontrolled discretion. 3.6 The User Organization shall supervise the use of the recreational snowmobile trails, trail connections and/or trail crossing(s) through the use of trail patrols as required to protect the public, employees of the Municipality and adjacent property owners from vandalism, reckless snowmobiling and other criminal acts. 3.7 The User Organization shall be solely responsible for all loss, cost or damage that may be suffered by any person who is driving or riding on a -4- snowmobile, or by any person who is driving or riding on a vehicle on a public highway on any portion of a Municipal Road Allowance stated in Schedule "A" hereto as a result of the negligence of the person driving or riding on the snowmobile in question. 3.8 The User Organization shall obtain and keep in force a policy or policies of commercial general liability insurance that will respond to claims arising from or attributable to the establishment, operation and use of the recreational snowmobile trails, trail connections and/or trail crossing(s) described in this agreement and to the loss, cost or damage suffered by any person which is described in paragraph 3.7 hereof. The limits of insurance coverage shall be not less that Fifteen Million Dollars ($15,000,000.00) per occurrence and in the aggregate. An original certificate of insurance coverage shall be submitted to the Municipality's Director of Finance on or before October 15t of each year in which a renewal of the terms commences. The certificate shall name The Corporation of the Municipality of Clarington as an additional insured in all matters relating to the operation and use of the areas of the Municipal Road Allowances and/or upon the areas of the Municipal Property stated in Schedules "A" and "B", respectively. The insurance policy shall be in a form satisfactory to the Municipality's Director of Finance, acting reasonably, and shall contain provisions for cross-liability and severability of interests. The insurance policy shall further contain a clause that the insurers will not cancel, substantially alter or change or refuse to renew the insurance without first giving the Municipality sixty (60) days prior written notice. The User Organization shall be responsible for the payment of all deductible amounts. 3.9 The User Organization shall obtain the prior written approval from the Municipality's Engineering Services Department, and shall comply with the terms and conditions therein, for any work other than routine annual or periodic maintenance that is to be undertaken on the recreational snowmobile trails, trail connections and/or trail crossing(s) within the areas of the Municipal Road Allowances and/or the areas of the Municipal Property stated in Schedules "A" and "B", respectively. Without limiting the generality of the foregoing, examples would be culvert installation to facilitate a ditch crossing, road allowance fence changes and the removal or placement of fill within such areas of the Municipal Road Allowances and/or upon such areas of the Municipal Property. The prior written approval for work to be undertaken upon the Municipal Road Allowance shall be in the form of a road occupancy permit. 3.10 The User Organization shall be responsible for any costs associated with the design, construction, maintenance, operation, retirement and abandonment of recreational snowmobile trails, trail connections and/or trail crossing(s). In addition, the User Organization shall be responsible -5- for the cost of any structural maintenance of applicable driveway culverts or grade separation structures carried out by the Municipality. The work required to retire a trail crossing shall include appropriate measures to prevent the further use of the site as a trail crossing. (e.g. culvert removal and restoration) 3.11 The Sponsor shall ensure that the User Organization complies with the terms and conditions of this agreement. The Sponsor shall carry out any obligation of the User Organization contained in this agreement in the event the User Organization cannot or will not do so forthwith after being given written notice by the Director of Engineering Services requiring the Sponsor to do so. 3.12 The User Organization shall be responsible for lowering snow banks as appropriate within the Municipal Road Allowance between the trail crossing warning signs to facilitate safe use of the crossing. 3.13 The User Organization shall be responsible for snowmobile trail signing. The User Organization shall not place any signs within Municipal Road Allowance that could distract or be perceived by an automotive driver as an obligation or warning applicable to them. No signs shall be affixed to any existing roadside traffic sign or support. The Municipality may remove and dispose of any signs placed in contravention of this provision. 4.0 INDEMNITY 4.1 The User Organization and the Sponsor shall each jointly and severally indemnify and save harmless the Municipality, its officers, employees and agents from and against any and all claims, demands, costs, losses, damages, suits or other proceedings arising from the establishment, operation or use of the recreational snowmobile trail crossings and/or connections including, without limitation, loss damage or injury to person or property, including loss of life. This provision shall survive the termination or expiry of this agreement. 5.0 LIABILITY 5.1 The Municipality shall not be liable in any manner whatsoever for any loss, injury, or damage to person or property including loss of life, by whomsoever suffered, that in any way is connected to the establishment, use or the operation of recreational snowmobile trails, trail connections and/or trail crossing(s), unless caused by the negligence or the wilful act of any employee or agent of the Municipality, while acting within the scope of his or her employment or agency respectively. This provision shall survive the termination or expiry of this agreement. -6- 5.2 The Municipality shall not be liable for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit suffered by any party arising out of or in any way connected to this agreement. This provision shall survive the termination or expiry of this agreement. 6.0 PERMISSION OF ADJACENT PROPERTY OWNERS 6.1 Before this agreement is executed on behalf of the Municipality, the User Organization shall prove to the satisfaction of the Municipality that it has the permission of the adjacent property owners on both sides of the Municipal Road Allowances whose land is adjacent to a trail for the establishment of a snowmobile trail crossing in the vicinity as determined by the Director of Engineering Services. Such permissions shall be in writing and signed by the property owner concerned. They shall be attached to this agreement. They shall be updated on or prior to October of each renewal of the term provided for in paragraph 1.2 7.0 TERMINATION 7.1 The Municipality may terminate this agreement at any time without cause provided thirty (30) days written notice of termination is given to all other parties other than the Municipality. 7.2 The Municipality may at its discretion give notice to the User Organization of a breach of the terms and conditions of this agreement and allow the User Organization not less than twenty (20) days in which to take corrective action. 7.3 The Municipality has the right to terminate this agreement immediately in the event that the User Organization fails to fulfil any of the terms and conditions of this agreement. Such termination shall be effective on written notice that the Agreement has been terminated being given by the Municipality to the other parties hereto. 7.4 The Municipality's rights under the provisions of sections 7.2 and 7.3 shall not in any manner be prejudiced or waived even if the Municipality has overlooked or condoned any non-compliance with the terms and conditions of this agreement by the User Organization. 7.5 The User Organization and the Sponsor must give the Municipality not less than six month's prior written notice of its intention to terminate this agreement at the end of the term or at the end of the current or renewal thereof. -7- 8.0 OWNERSHIP 8.1 The parties agree that all permanent facilities or structures located on the Municipal Road Allowances and on other Municipal Property as stated in Schedules "A" and "B", respectively, shall be the property of the Municipality. 9.0 ASSIGNMENT 9.1 The Sponsor and the User Organization agree that neither of them may assign nor transfer their respective rights and status under this agreement without the prior written consent of the Municipality. 10.0 NOTICES 10.1 Any notices required or permitted to be given for the purposes of this agreement and any written communication given to any of the parties to this agreement shall be given by personal delivery, or sent by facsimile, or mailed by prepaid registered mail, or delivered by courier service. Subject to change by a party with written notice, notices shall be addressed as follows: To the Municipality: Municipality of Clarington Engineering Services Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 To the User Organization: Governor, Ontario Federation of Snowmobile Clubs - District Three 3386 Concession Road 4 R.R. 1 Orono, ON LOB 1 MO To the Sponsor: Ontario Federation of Snowmobile Clubs 9 Welham Road Unit 501 Barrie, ON L4N 8Z6 -8- 10.2 Notices shall be deemed to have been given on the date of personal delivery, the date of facsimile transmission or the date of delivery by courier service or in the case of service by registered mail, five (5) days after the date of mailing. -9- IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON Jim er _ybr _ ,_-_- _ r ti_ We Haue~authority to bind the Corporation. ONTARIO FEDERATION OF SNOWMOBILE CLUBS-DISTRICT THREE Pe . Ozi~-t _ ~~ Gdd~~~a.F Name: °` Title. ls'j.f/c j __~ Per: Name: Title: I/We have authority to bind the Corporation. ONTARIO ~ RATION OF SNOWMO~Iq ~yUBS Per: Snowmobile GubB Per: \ 1 Nam- e: ~ Title: INVe have authority to bind the Corporation. -10- SCHEDULE"A" Opened Municipal Road Allowance No snowmobiles will be permitted on the serviced roadway as defined in the Motorized Snow Vehicles Act. Location of Trail Connection 1) Long Sault Ridge Riders Snowmobile Club Trail • Scugog Boundary Road -Avery Road to Darlington/Manvers Townline • Darlington/Manvers Townline -Scugog Boundary Road to Concession Road 10 road allowance, former Darlington Township • Best Road -Regional Road 20 to Concession Road 10, former Clarke Township • Concession Road 10, former Clarke Township -Best Road to road allowance between Lots 26 and 27, former Clarke Township 2) Ganaraska Snowmobile Club Trail • Boundary Road -Lot 14, Concession 10, former Clarke Township to Cold Springs Camp Road • Cold Springs Camp Road -Boundary Road to Concession Road 9 road allowance, former Clarke Township • Mercer Road - Thertell Road to Concession Road 9 road allowance, former Clarke Township • Thertell Road -Mercer Road to The Dell Road • The Dell Road - Thertell Road to Concession Road 9 road allowance, former Clarice Township • White Road -Regional Road 9 to Concession Road 8, former Clarke Township • Concession Road 8 -White Road to Maynard Road • Sideroad 11/12 -Concession Road 8, former Clarke Township to north terminus of Sideroad 11/12 • Carscadden Road -Concession Road 8, former Clarke Township, to north tenninus of Carscadden Road • Maynard Road -Concession Road 8, former Clarke Township to north end of open portion (approximately 70 m) • Wilcox Road -through Lots 16 and 17, Concession 9, former Clarke Township -11- 3) Port Perry Snowmobile Club Trail • Scugog Boundary Road -West Townline Road to Avery Road Location of Crossing Areas None -12- SCHEDULE"B" Other Municipal Property Location of Trail Connection 1. Long Sault Ridge Riders Snowmobile Club Trail • Concession Road 10 Unopened road allowance, former Darlington Township - Darllington/Manvers Townline Road to Avery Road • Unopened road allowance between Lots 10 and 11, former Darlington Township -Concession Road 10 unopened road allowance, former Darlington Township, to Scugog Boundary Road • Unopened road allowance between Lots 26 and 27, former Clarke Township -Concession Road 10 to Concession Road 9 unopened road allowance • Concession Road 9 Unopened road allowance -unopened road allowance between Lots 26 and 27, former Clarke Township, to unopened road allowance in Lot 24, former Clarke Township • Unopened road allowance between Lots 24 and 25, Concession 9 unopened road allowance to approximately 80 m north 2. Ganaraska Snowmobile Club Trail • Concession Road 9 unopened road allowance, former Clarke Township -Cold Springs Camp Road to Langstaff Road • Unopened road allowance between Lots 16 and 17, Concession 7, former Clarke Township -Concession Road 8 to Regional Road 9 • Unopened road allowance between Lots 16 and 17, Concession 8, former Clarke Township -north end of Maynard Road to Wilcox Road