HomeMy WebLinkAbout17 105 Mutual Trail Agreement - Saratoga Road (Huron Kinloss) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
• l Ito
CaPoitry Of 10,8
BY-LAW
NO. 2017 - 105
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
THE CORPORATION OF THE TOWNSHIP OF HURON-KINLOSS
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, 2001, S.O. 2001, c.
25, provides that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance
• the municipality's ability to respond to municipal issues and a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Municipality of Kincardine wishes to develop a multi-use
recreational trail linking the Saratoga Road allowance with the Goderich Street
path as an extension of the current trails system in the Municipality of Kincardine;
AND WHEREAS the above mentioned area is a mutually shared boundary road
between The Township of Huron- Kinloss and the Municipality of Kincardine;
AND WHEREAS The Corporation of the Municipality of Kincardine deems it
advisable to enter into an agreement with The Township of Huron-Kinloss to
establish the details of the maintenance and financial responsibilities of both
owners;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
• 1. That The Corporation of the Municipality of Kincardine enter into an
agreement with The Corporation of the Township of Huron-Kinloss which
outlines the details of the maintenance and financial responsibilities of
both owners;
2. That the Mayor and Chief Administrative Officer be authorized and
directed to execute, on behalf of the Municipality of Kincardine, the
agreement with The Corporation of the Township of Huron-Kinloss,
attached hereto as Schedule "A" and forming part of this By-law.
3. That this by-law shall come into full force and effect upon its final passage.
4. That this by-law may be cited as the "Mutual Trail Agreement — Saratoga
Road (Huron Kinloss) By-law".
READ a FIRST and SECOND TIME this 2nd day of August, 2017.
READ a THIRD TIME and FINALLY PASSED this 2nd day of August, 2017.
&mak
Mayor Clerk
This is Schedule "L"to By-Law
No.c17-1O5 passed the day
By-Law 2017-79 of Au'gui 20
Schedule A
Joint Municipal Trail Agreement
THIS AGREEMENT made this 17th day of July, 2017
BETWEEN
The Corporation of the Municipality of Kincardine
(hereinafter the "Municipality")
and
The Corporation of the Township of Huron-Kinloss
(hereinafter the "Township").
WHEREAS:
1. The Municipality and the Township are municipalities incorporated pursuant to
the Municipal Act, 2001, S.O. 2001, c.25;
2. The parties have joint jurisdiction over a boundary road allowance which is
located between their respective municipalities;
3. The boundary road allowance, which is identified as Saratoga Road on the
property index map attached and marked hereto as Schedule "A" is legally
described as RDAL BTN TWP OF HURON AND TWP OF KINCARDINE W OF
VALENTINE AV; KINCARDINE; being all of PIN 33318-0002(LT) ("the road
allowance");
4. The Municipality has jurisdiction over the north half of the road allowance;
5. The Township has jurisdiction over the south half of the road allowance;
6. The Municipal Act, 2001 allows municipalities to enter into agreements which
establish responsibilities related to the maintenance and repair of boundary
roads;
7. The Municipality and the Township desire to develop a portion of the road
allowance as a path/trail (the "Trail") for public, passive and/or pedestrian use;
8. The portion of the road allowance for which the Trail is to be located is located
between Penetangore Row and Goderich Street/Boiler Beach Road, the exact
location to be determined; and
9. The Municipality and the Township by this Agreement wish to identify their
respective obligations with respect to the installation, construction and
maintenance, financial and otherwise, of the Trail.
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 parties hereto agree as follows:
1. Term
(1) The term of this Agreement shall commence on the date this agreement is
signed by the parties and shall expire on July 17th, 2037 or earlier if in accordance with
subsection (2) below.
(2) Either party may terminate this Agreement by providing the other with a
minimum of one year prior written Notice of its intent to terminate. The party terminating
this Agreement prior to the expiration of the term in subsection (1) above shall be
By-Law 2017-79
Schedule "A"
responsible for all costs associated with de-constructing the Trail and returning the land
to its pre-Trail condition.
(3) Notwithstanding the above, any amounts payable by either party to the other as
a result of or incidental to any Maintenance work done prior to the effective date of the
termination shall continue to be due and owing and shall survive the early termination of
this Agreement.
2. The Trail
(1) Following the execution of this agreement by the Municipality and the Township,
the Municipality shall construct and install, or cause to be constructed and installed the
Trail.
(2) The Trail shall be paved and shall be approximately 8' x 500', with the exact
location and dimensions to be determined by the Municipality.
3. Plans and Specifications
(1) The Municipality shall perform all design work and provide construction supervision
and enter into the necessary contracts for the construction of the Trail. The design work
and construction are to be performed by a competent professional to the satisfaction of
and under the supervision of the Director of Public Works for the Municipality or his or her
designate (the "Supervisor").
(2) The Municipality agrees that all plans and specifications shall be prepared in
accordance with the requirements of the Supervisor and copies of all plans and
specifications shall be provided to the Supervisor and a copy shall be submitted to the
Township for review prior to construction of the Trail.
(3) Upon completion of the construction and installation of the Trail, the Municipality
shall cause the professional retained by the Municipality to complete drawings in a format
satisfactory to the Supervisor, showing the exact location of the Trail as actually
constructed and deposit a copy of these drawings with the Township.
4. Completion
The Municipality shall substantially complete the construction and installation of the Trail
contemplated by this agreement on or before August 1, 2017 or a reasonable time
thereafter, weather permitting.
5. Financial Arrangements
(1) The Municipality and the Township shall share equally in the cost of the
installation, construction and maintenance of the Trail including, but not limited to, the cost
of the design, approval, labour, materials, construction, installation, repair, maintenance
and inspections of the Trail. Attached and marked as Schedule B is an estimate of the
disbursements associated with the Trail Construction.
(2) Upon completion of the installation and construction of the Trail, the Municipality
shall submit an invoice to the Township for the work completed. The invoice shall be
submitted to the other party in accordance with the Notice provisions in this Agreement
(the "Delivery"). The Township shall have thirty (30) days from delivery of the invoice to
pay one-half(50%) of the said invoice, inclusive of HST, to the Municipality.
(3) If payment of the invoice referred to in paragraph 5(2) above, or any payment
referred to in this agreement, is not received within thirty (30) days of delivery of an
invoice, interest shall accrue on any outstanding balance at a rate of prime + 1.25 percent
until payment is received in full.
6. Certificate of Completion
When the construction and installation of the Trail, as contemplated by this agreement
and as per the plan/drawing, have been completed, including any correction of all
deficiencies, the Municipality's Supervisor shall submit a certificate of completion to the
Township which verifies that all work has been completed.
7. Standards
The Trail shall be constructed and installed in accordance with the provisions of this
agreement and all applicable laws, regulations and municipal bylaws.
By-Law 2017-79
Schedule "A"
8. Contractors
The Municipality shall furnish the Township with the name(s) and contact information of
each contractor and sub-contractor who are engaged to do any of the work contemplated
by this agreement. The Municipality agrees that no contractor or sub-contractor shall
commence any construction or installation of the Trail until after such information with
respect to such contractor or sub-contractor has been so furnished in writing to the
Township.
9. Maintenance
(1) The Municipality shall assume responsibility for performing general maintenance
and inspections of the Trail.
(2) The parties hereto acknowledge and agree that any obligation to maintain the Trail
in paragraph 9(1) above will only apply during the months from April 1 to October 31. The
remainder of the year, signage shall be posted notifying the public that the Trail is not
being maintained.
(3) Notwithstanding paragraph 9(1), the Township agrees to cooperate and assist,
when requested, in keeping the Trail in state of repair that is reasonable in the
circumstances.
10. Repairs
(1) The Municipality and Township shall jointly assume responsibility for performing
repairs to the Trail that are substantial in nature.
(2) Prior to commencing any repairs, the party initiating such work shall provide a
minimum of five (5) days' written notice to the other party save and except in the case of
an emergency.
11. Waiver
Each party for themselves and their successors and assigns agree not to call into
question directly or indirectly in any proceedings whatsoever whether in law or in equity
or before any administrative tribunal, the right of a party to this agreement to enter into it
and to enforce each and every item, covenant and condition contained in this
agreement and this agreement may be pleaded as an estoppel against any such person
in any such proceedings.
12. Insurance
The Municipality and the Township shall, at their own respective expense, obtain a
policy of insurance indemnifying each other against any claim for public liability,
personal injury, including death, and property damage to limits of $2 million Canadian
dollars for any one accident arising in any way out of any construction, installation,
repair or maintenance required to be performed under this Agreement. The said policy
shall contain a cross liability endorsement and not be subject to lapse or cancellation
without ten (10) days prior written notice to each party to this agreement. Each party to
this agreement shall, at its own expense, maintain the policy of insurance in full force
and effect. Failure to procure and maintain the said policy of insurance in force shall
constitute a default under this agreement.
13. Liability
The Municipality and the Township shall be jointly liable for the Trail and any claims,
losses and/or damages arising as a result of the said Trail and/or any obligation arising
pursuant to this agreement, save and except gross negligence or wilful misconduct on
the part of a party herein.
14. Schedules
Any schedules attached hereto shall form part of this Agreement.
15. Force Majeure
Neither the Municipality or the Township shall be held responsible for any damage or
delays as a result of war, invasions, insurrection, demonstrations, or as a result of
decisions by civilian or military authorities, fire, flood, human health emergency, strikes
and generally as a result of any event that is beyond the reasonable control of
Municipality or Township. Both parties agree that in the event of a disaster or FORCE
By-Law 2017-79
Schedule "A"
MAJEURE the parties will co-operate and both parties will make all reasonable efforts to
provide temporary replacement service until permanent service is completely restored.
Otherwise, time shall be of the essence of this agreement and all the obligations
contained herein.
16. Dispute Resolution
A dispute between the parties relating to the interpretation or implementation of this
Agreement will be addressed through good faith negotiation, with or without the
assistance of a mediator. The parties agree that in the event that they are not able to
reach a resolution of all the matters in dispute after mediation, then the matters
remaining in dispute will be finally determined by arbitration in accordance with the
provisions of the Ontario Arbitrations Act, 1991.
17. Governing Law
This Agreement shall be governed by and construed and interpreted in accordance with
the laws of the Province of Ontario and the laws of Canada applicable therein.
18. Burden of Agreement
For greater certainty, it is specifically acknowledged and agreed that the burden of this
agreement shall run with the said Lands.
19. Amendments
No supplement, amendment or waiver of or under this agreement, except with respect
to the address for Notice, shall be binding unless executed in writing by all parties. No
waiver by a party of any provision of this agreement shall be deemed to be a waiver of
any other provision unless otherwise expressly provided.
20. Assignment
No party shall assign the benefits of this agreement or any interest in this agreement
without the consent of each party.
21. Interpretation
This agreement shall be read with any change of gender or number required by the
context.
22. Conflict
In the event of any conflict between or among the provisions of this agreement, the
Supervisor shall decide which provisions shall prevail.
23. Enurement
The parties declare and agree that this agreement and the covenants, provisos, conditions
and schedules in this agreement shall be binding upon the Municipality and Township and
their respective heirs, executors, administrators, successors and assigns.
24. Ratification
Each party shall forthwith ratify this agreement by respective municipal by-law.
25. Registration
A copy of this agreement and the by-law authorizing same may be registered in the proper
land registry office for the area in which the Trail is located and any costs associated with
the registration of the agreement shall be shared equally between the parties.
26. Legal Costs
The legal costs to prepare this agreement shall be shared equally between the parties.
The legal fees are outlined in Schedule B hereto.
27. Notice
Any notice under this agreement is sufficiently given if delivered personally or if sent by
ordinary prepaid mail, prepaid courier, facsimile transmission or electronic mail (email) to:
By-Law 2017-79
Schedule "A"
The Township at:
Attention: Clerk
Township of Huron-Kinloss
21 Queen Street
PO Box 130
Ripley, Ontario NOG 2R0
Tel: 519-395-3735
Fax: 519-395-4107
Email: swatson(a�huronkinloss.com
and to the Municipality at:
Attention: Clerk
Municipality of Kincardine
1475 Concession 5 RR 5
Kincardine, Ontario N2Z 2X6
Tel: 519-396-3468
Fax: 519-396-8288
Email: clerkAkincardine.net
or at such other addresses as the Municipality and the Township may designate from time
to time. Any such notice shall be conclusively deemed to have been given and received
upon the same day if personally delivered or sent by facsimile or electronic mail (email),
or, if mailed, five (5) days after the same is mailed. Any party may, at any time by notice
given in writing to the other party, change the address for service of notice on it.
IN WITNESS WHEREOF the parties have affixed their respective Corporate seals attested by
the hands
of their respective officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
A'! � .[
An /
ad i`�yor
r /Sol
Qf Gr Chaw.b es-s- riwz.0 A..wu••isticekiuc Gcciti'�'
w
- M
We have authority to bind the Corporation
THE CORPORATION OF THE
TOW 1 HIP OF RON-KINLOSS
/ / • //
„ _ W I F c J k, Dr,..-7 Maio✓
son - Clerk
We have authority to bind the Corporation
By-Law 2017-79
Schedule "A"
Schedule "A"
Description of the Lands: Property Index Map
R. f i-'1.
N •
ServiceOnta,rio
*---------.. . .
,./r PRINTED ON 08 APR, 2017 AT 15:03:07
FOR MCCLEMENT
_ SCALE
Op 0 30 60 90
1.
CO ` Oa ����----meters
. _
•r, PROPERTY INDEX MAP
.c , BRUCE(No. 03)
o?'s � 04 cre- 3 3 3 1 8 ,_,. LEGEND
..
•
y /` FREEHOLD PROPERTY f=!
O?7� f -- �Y `, LEASEHOLD PROPERTY C
/Cnn LIMITED INTEREST PROPERTY
�� 000 ',f '`� CONDOMINIUM PROPERTY
-r--1
t� 0h RETIRED PIN(MAP UPDATE PENDING)
Q i' -(i ?/jj� PROPERTY NUMBER 0449
_ r ,�,•
417
���,� BLOCK NUMBER
G OGRAPHIC FABRIC )
7—a)
Y +?i� EASEM'cNT?78 ?�4J:;,,�,�f THIS IS NOT A PLAN OF SURVEY
43.1
j' 0240e,;.,,,,,,,
,�4pairs �'�004 .� NOTES
%rr=x239 REVIEW THE TITLE RECORDS FOR COMPLETE
Q , tp r' -' -- PROPERTY INFORMATION AS THIS MAP MAY
40
0220 w � NOT REFLECT RECENT REGISTRATIONS
03
THOry 0tea? d*"4",c,
'f J�,
DOCUMENTS RECORDED MAP WAS DIN THE LANDFROM S AND
•
738 2ti
OA-, REGISTRATION SYSTEM AND HAS BEEN PREPARED
r�r FOR PROPERTY INDEXING PURPOSES ONLY
�� •�'r4 FORRECDIMENSIONS
EN PLANS AND DOCUMENTS
UNDARIES SEE
,914
� ��� �� ONIY MAJOR EASEMENTS ARE SHOWN
ft' �� REFERENCE PLANS UNDERLYING MORE RECENT
REFERENCE PLANS ARE NOT ILLUSTRATED
CI
q .
` .. . '
��fi Ontario
•
Queen's Printer for Ontario,2017
By-Law 2017-79
Schedule "A"
Schedule "B"
DISBURSEMENTS
Description Amount
Trail Construction Quote $14,800.00
Legal Fees $ 2,979.05
Less: OPG Grant $15,000.00
TOTAL $ 2779.05