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2013-210 Municipal Highway Agreement with County of SimcoeTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -210 Being a By -Law to Authorize the Execution of a Municipal Highway Agreement (Removal of the southerly half of County Road 49 /Memorial Avenue from Woodland Avenue west to the easterly limit of the off ramp of Highway 11, the southerly half of County Road 49 /Memorial Avenue from the westerly limit of Highway 11 to the curve in County Road 49 /Memorial Avenue where the road deviate from the limits of the City of Orillia, and that part of Memorial Avenue /Line 15 North commencing at the curve between Highway 11 South and Line 15 North continuing south to the off ramp of Highway 11 South) Between the Township of Oro - Medonte and the County of Simcoe WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, grants municipalities the powers of a natural person for many purposes including the execution of agreements; AND WHEREAS Section 52(4) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits an upper -tier municipality to remove a highway from its highway system; AND WHEREAS Section 52(5) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, causes the removed highway to come under jurisdiction of the lower -tier municipality in which the highway is located; AND WHEREAS as a result of the County of Simcoe Transportation Master Plan, the County of Simcoe has identified highways which no longer met the requirements of a County Road and has been identified to be removed from the County's Highway System. AND WHEREAS Council of the Township of Oro - Medonte adopted Motion No. C121205 -13, at its December 5, 2012 meeting, to enter into the Municipal Highway Agreement with the County of Simcoe to accept County Road 49 from Woodland Drive to Highway 11, as a Municipal Road. AND WHEREAS Simcoe County Council, at its June 25, 2013 meeting, adopted By- Law No. 6280 to enter into a Municipal Highway Agreement with the Township of Oro- Medonte to remove from the County's highway system that portion of County Road 49 /Memorial Avenue and Line 15 North in Oro - Medonte, as described in Schedule "A" to the Municipal Agreement attached ( "Identified Highway "). NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Municipal Highway Agreement (Removal of the southerly half of County Road 49 /Memorial Avenue from Woodland Avenue west to the easterly limit of the off ramp of Highway 11, the southerly half of County Road 49 /Memorial Avenue from the westerly limit of Highway 11 to the curve in County Road 49 /Memorial Avenue where the road deviate from the limits of the City of Orillia, and that part of Memorial Avenue /Line 15 North commencing at the curve between Highway 11 South and Line 15 North continuing south to the off ramp of Highway 11 South) with the Township of Oro - Medonte attached hereto as Schedule "A" and forming part of this By -Law. 2. AND THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY OF NOVEMBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE r, H.S. jKAghes J MUNICIPAL HIGHWAY AGREEMENT (Removal of the southerly half of County Road 49 /Memorial Avenue from Woodland Avenue west to the easterly limit of the off ramp of Highway 11, the southerly half of County Road 49 /Memorial Avenue from the westerly limit of Highway 11 to the curve in County Road 49 /Memorial Avenue where the road deviate from the limits of the City of Orillia, and that part of Memorial Avenue /Line 15 North commencing at the curve between Highway 11 South and Line 15 North continuing south to the off ramp of Highway 11 South from the County of Simcoe Highway System) BETWEEN: THE CORPORATION OF THE COUNTY OF SIMCOE "County" - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE "Township" Table of Contents RECITALS.............................................................................. ..............................3 1. COMPLIANCE WITH SECTION 270 ........................... ..............................4 2. COUNTY BY -LAW ....................................................... ..............................4 3. REMOVAL DATE ......................................................... ..............................4 4. MAINTENANCE ........................................................... ..............................4 5. ON -GOING CO- OPERATION ...................................... ..............................5 6. ASSUMPTION OF OBLIGATIONS .............................. ..............................5 7. CORRECTION OF TITLE ISSUES .............................. ..............................5 8 . PAYMENT .................................................................... ..............................5 9 . INSURANCE ................................................................ ..............................6 10. ASSUMPTION OF LIABILITY ...................................... ..............................7 11 . INDEMNITY ................................................................. ..............................7 12. ENTIRE AGREEMENT ................................................ ..............................7 13. NO MODIFICATION ..................................................... ..............................7 14. SEVERABILITY ............................................................ ..............................7 15 . RECITALS .................................................................... ..............................7 16 . NOTICES ..................................................................... ..............................7 17. INTERPRETATION OF AGREEMENT ........................ ..............................8 18. FURTHER ASSURANCES .......................................... ..............................9 19 . WAIVER ....................................................................... ..............................9 20. GOVERNING LAW ...................................................... ..............................9 21 . SCHEDULES ............................................................... ..............................9 22 . BINDING ...................................................................... ..............................9 23 . EFFECTIVE DATE ...................................................... .............................10 SCHEDULE "A" - LEGAL DESCRIPTION OF IDENTIFIED HIGHWAYS ..........11 SCHEDULE "B" - DRAFT COUNTY OF SIMCOE BYLAW FOR THE REMOVAL OF HIGHWAYS FROM THE COUNTY OF SIMCOE HIGHWAY SYSTEM........ 12 MUNICIPAL HIGHWAY AGREEMENT (Removal of the southerly half of County Road 49 /Memorial Avenue from Woodland Avenue west to the easterly limit of the off ramp of Highway 11, the southerly half of County Road 49 1Memorial Avenue from the westerly limit of Highway 11 to the curve in County Road 49 /Memorial Avenue where the road deviate from the limits of the City of Orillia, and that part of Memorial Avenue /Line 15 North commencing at the curve between Highway 11 South and Line 15 North continuing south to the off ramp of Highway 11 South from the County of Simcoe Highway System) BETWEEN: THE CORPORATION OF THE COUNTY OF SIMCOE "County" -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE "Township" Collectively "the Parties" RECITALS The County's highway system consists primarily of two lane arterial highways, which move the traffic through the County, providing direct access to major residential, commercial and industrial centres, both within and outside the County, as well as serving the needs of the residents that live along the County's highways. As a result of the County of Simcoe Transportation Master Plan, the County has identified highways which are no longer required to be included in the County's highway system. The identified highways within the Township of Oro - Medonte are County Road 49 /Memorial Avenue and Memorial Avenue /Line 15 North, which are more particularly described in Schedule "A" attached ( "Identified Highways "). K, Section 52(4) of the Municipal Act, 2001, S.O. 2001, c.25 ( "Municipal Act") authorizes an upper -tier municipality to remove highways from its highway system, and place them under the jurisdiction of a lower tier municipality. The Parties have entered into this agreement ( "Agreement ") to set out the terms upon which the Parties have agreed to the County removing the Identified Highways from the County's highway system and placing them under the jurisdiction of the Township. NOW THEREFORE in consideration of the County and the Township agreeing to the terms of this Agreement and the County agreeing to remove the Identified Highway's from the County's highway system and placing them under the jurisdiction of the Township, and the Township and County agreeing to maintenance responsibilities for the Identified Highways, the Parties agree as follows: 1. COMPLIANCE WITH SECTION 270 1.1. The County and the Township will be responsible for complying with any terms of their respective policies under section 270 of the Municipal Act which would apply to the Identified Highways being removed from the County's highway system. 2. COUNTY BY -LAW 2.1. County staff will present a by -law to County Council, substantially in the form set out in Schedule "B" attached, pursuant to section 52 of the Municipal Act to remove the Identified Highways from the County's highway system and place them under the jurisdiction of the Township. 3. REMOVAL DATE 3.1. The County and the Township agree that the Identified Highways shall be removed from the County's highway system and placed under the jurisdiction of the Township thirty (30) days after passage of a by -law substantially in the form set out in Schedule B, and after execution of this Agreement by both Parties. 4. MAINTENANCE 4.1. The County shall remain responsible for non - winter maintenance of the Identified Highways to the County's maintenance standards until the Removal Date herein at which time the Township will assume responsibility for all non - winter maintenance. 4.2. The Parties acknowledge that there is an existing Road Maintenance Agreement between the County and the City of Orillia which deals with winter maintenance of the Identified Highways. The Parties further 4 acknowledge that this Road Maintenance Agreement provides that from November 1 to April 15 the County provides winter maintenance on certain roads located within the City of Orillia in exchange for the City of Orillia providing winter maintenance on the Identified Highways. The County agrees that it will continue to be responsible for winter road maintenance for the roads within the existing Road Maintenance Agreement for one (1) additional winter season after the removal date herein, and the City of Orillia will retain responsibility for winter maintenance of the Identified Highways from the removal date herein forward until a new Agreement is entered into between the Township of Oro - Medonte and the City of Orillia, which will not involve the County as a party. 5. ON -GOING CO- OPERATION 5.1. The County agrees to share with the Township all information that it has, on the Identified Highways including, but not limited to, ownership, and maintenance. 6. ASSUMPTION OF OBLIGATIONS 6.1. The Township agrees to assume all obligations, financial or otherwise, in relation to all agreements currently in place between the County and any other party, affecting the Identified Highways, including but not limited to agreements with Canadian Pacific Railway, Trans Canada Pipeline, any utility provider or any other party, as of the Removal Date set out in this Agreement. 7. CORRECTION OF TITLE ISSUES 7.1. The County agrees to assist the Township in all respects required to identify and correct any title issues, relating to the highways to be removed from the County's highway system. The County further agrees that it will complete all title searches required and identify all title issues, and co- ordinate the rectification of any title issues, so that good title can be obtained by the Township, with the County directing that the title work will be completed by their solicitors and surveyors. 8. PAYMENT 8.1. The County shall pay all costs to identify and correct all title issues. The County shall pay 100% of the costs for all work required to effect the removal of the Identified Highways from the County's highway system, including but not limited to, all County of Simcoe legal costs, and surveying costs. yI 8.2. The Township is 100% responsible for their own legal costs should they utilize the services of their own lawyer during the negotiation of this Agreement or at any time during the process of completing the terms of this Agreement. 9. INSURANCE 9.1. The County will continue to insure the Identified Highways until the later of the Removal Date or the date upon which all Maintenance obligations of the County have terminated, pursuant to this Agreement. 9.2. The Township shall obtain insurance coverage for the Identified Highways as of the earlier of the Removal Date set out herein, or the date upon which any Maintenance obligations are assumed by the Township pursuant to this Agreement. 9.3. In the event that Maintenance obligations for the Township commence prior to the Removal Date the Township shall comply with the following insurance provisions: 9.3.1. The Township shall provide to the County, on or prior to the execution of this Agreement, a suitable policy of general municipal liability insurance coverage and a certificate of insurance, for the Identified Highways for the agreed upon maintenance period, naming the County as an additional insured in an amount sufficient to cover liabilities that may arise in connection with the maintenance and repair obligations imposed by this Agreement, and in accordance with good municipal practice. This coverage shall be for a minimum of $5,000,000.00, and shall be satisfactory to the County for the purpose of indemnifying the County from any loss arising from claims or damages, injury or otherwise in connection with the work done by or on behalf of the Township. 9.3.2. The insurance policy shall contain a cross - liability and severability of interest clause, and shall name the County as an additional insured. 9.3.3. The insurance policy shall contain a thirty (30) days notice cancellation. 9.3.4. The Insurance policy shall be maintained in full force and effect by the Township until all maintenance responsibility for the Identified Highways become the County's responsibility. 9.3.5. The issuance of the insurance policy shall not be construed as relieving the Township from any liability or responsibility for any claims in excess of the policy limits and the County may in their sole discretion require a greater minimum amount. 0 10. ASSUMPTION OF LIABILITY 10.1 The Township agrees to assume liability for all matters that arise after the Effective Date and for all matters that may arise in the future in relation to any claim or possible claim for any incident that may have occurred prior to the Effective Date. 11. INDEMNITY 11.1. The Township hereby indemnifies and saves harmless the County from and against all liability, losses, damages or costs whatsoever which may have arisen in the past or which may arise in the future, either directly or indirectly by reason of any act, neglect or refusal of the part of the Township, its servants, employees, contractors and agents, in the performance or partial performance or the failure to perform and carry out any obligation imposed or assumed pursuant to this Agreement. 12. ENTIRE AGREEMENT 12.1. This agreement shall constitute the entire agreement between the Parties pertaining to the subject matter thereof. 13. NO MODIFICATION . 13.1. No modification of, or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by the Parties hereto. 14. SEVERABILITY 14.1. The County and the Township agree that all covenants contained in this Agreement shall be severable unless specifically stated otherwise herein, and that should any covenant or condition in this Agreement be declared invalid or unenforceable by a Court of competent jurisdiction, the remaining covenants and the remainder of the Agreement shall remain valid and not terminate thereby. 15. RECITALS 15.1. The County and the Township agree that all recitals are deemed to be true, and shall be incorporated as terms of the Agreement. 16. NOTICES 16.1. Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by facsimile transmission, email or by courier from one party to the other at their addresses noted below. Such notice shall be deemed to have been 7 given, if by personal delivery, on the date of delivery, and if by facsimile transmission, or email on date of delivery with electronic confirmation of receipt obtained, and if by courier, on the second (2 "d ) business day following the sending thereof which for the purposes of this Agreement shall be deemed to exclude Saturdays, Sundays and statutory holidays: County: County of Simcoe Administration Centre 1110 Highway 26 Midhurst, Ontario LOL 1X0 Attention: Jim Hunter, Director Transportation Construction Brenda Clark, County Clerk Fax: 705 - 727 -7984 Tel: 705 - 726 -9300 Email: Jim.Hunter @simcoe.ca Email: Brenda.Clark @simcoe.ca Township. Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Attention: Jerry Ball, Director Transportation & Environmental Services Doug Irwin, Clerk Fax: 705 - 487 -0133 Tel: 705 - 487 -2171 Email: jball @oro - medonte.ca dirwin @oro - medonte.ca Addresses, telephone and fax numbers and email addresses may be changed by written notice to the parties. 17. INTERPRETATION OF AGREEMENT 17.1. The headings, sections, subsections, and clauses are inserted for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. 17.2. This Agreement shall be construed with all changes in number and gender as may be required by the context. N L 17.3. Reference herein to any statute or any provision thereof shall include such statute or provision thereof as amended, revised, re- enacted and /or consolidated from time to time and any successor statute thereto. 17.4. All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 17.5. Whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit the generality of that statement or provisions, even if words such as "without limiting the generality of the foregoing" do not precede such list or reference. 18. FURTHER ASSURANCES 18.1. The County and Township shall execute such further and other documents, as required to affect the provisions of this Agreement. 19. WAIVER 19.1. The failure of the County at any time to require performance by the Township of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the County of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. The County shall specifically retain its rights at law to enforce this Agreement. 20. GOVERNING LAW 20.1. This Agreement shall be governed by and has been construed in accordance with the laws of the Province of Ontario and shall be treated in all respects as an Ontario contract. 21. SCHEDULES 21.1. The following attached Schedules form part of this Agreement: Schedule "A" — Legal Description of the Identified Highways Schedule "B" — Draft County of Simcoe Bylaw for the Removal of Highways from the County of Simcoe Highway System 22. BINDING 22.1. This agreement shall be binding upon and enure to the benefit of the Parties to this agreement and their respective administrators, successors and assigns. E 23. EFFECTIVE DATE 23.1. This Agreement is effective from the date that it is executed by the County and the Township. THE PARTIES HAVE SIGNED THIS AGREEMENT ON THE DATES SET OUT BELOW: DATE: �r 3 � �° THE CORPORATION OF THE COUNTY OF SIMCOE 4 .2- AUTHORIZED BY BY-LAW N0 JLQ� PASSED BY THE COUNCIL OF THE CORPORATION OF THE COUNTY OF SIMCOE ON -J =%6 , 20-0 Cal Patterson, Warden (f a Brenda Clark, County Clerk We have authority to bind the corporation. DATE: lJow �w�b�r 13 ) a@ k 3 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE y Hug li—C(Playor Dgug lTi i ector, Corporate S rvices/ le We have authority to bind the corporation. 10 SCHEDULE "A" - LEGAL DESCRIPTION OF IDENTIFIED HIGHWAYS All of PIN 58566 -0101 (LT) Road Allowance between Concessions 1 & 2, formerly South Orillia between R0841536 & South limit of Lot 12, Concession 2; Part of Lot 1, RCP 1720, formerly South Orillia; Part Lot 13 -14, Concession 1, formerly South Orillia as IN R0769239; AKA King's Highway 11$, Highway No 7183, all in the Township of Oro - Medonte, County of Simcoe All of PIN 58566 -0102 (LT) Part of Lot 1, RCP 1720, formerly South Orillia, as in 801412275, all in the Township of Oro- Medonte, County of Simcoe All of PIN 58566 -0103 (LT) Block A Plan 1349, formerly South Orillia, Township of Oro - Medonte, County of Simcoe All of PIN 58566 -0104 (LT) Part Jamieson Drive, Plan 1349, formerly South Orillia, Jamieson Crescent, (formerly Jamieson Drive) as in 801412275, between Lots 2 & 4, RCP1720, Township of Oro - Medonte, County of Simcoe All of PIN 58566 -0257 (LT) Block B, Plan 1349, formerly South Orillia; Part Jamieson Drive, Plan 1349, formerly South Orillia, Jamieson Crescent (formerly Jamieson Drive) as in R01412275 abutting Lot 8, Plan RCP1720, Township of Oro- Medonte, County of Simcoe All of PIN 58566 -0258 (LT) Block C, Plan 1349, formerly South Orillia; Part Mary Street, Plan 1349, formerly South Orillia, as in R01412275, Township of Oro- Medonte, County of Simcoe Part of PIN 58569 -0001 (LT) Part of Lot 12, Concession 2, formerly South Orillia, being Part 2, Plan 51 R- 39022, Township of Oro- Medonte, County of Simcoe Part of PIN 58570 -0002 (LT) Part of Lot 12, Concession 2, formerly South Orillia, as in R077066, known as Highway 11 B lying North of Lot 13, Concession 2, being Part 2, Plan 51R-39021, Township of Oro - Medonte, County of Simcoe 11 SCHEDULE "B" - DRAFT COUNTY OF SIMCOE BYLAW FOR THE REMOVAL OF HIGHWAYS FROM THE COUNTY OF SIMCOE HIGHWAY SYSTEM BY -LAW NO. OF THE CORPORATION OF THE COUNTY OF SIMCOE A By -law of The. Corporation of the County of Simcoe ( " County ") to remove an upper- tier highway from the County highway system and have it come under the jurisdiction of, and form part of the highway system for the Corporation of the Township of Oro - Medonte ( "Township "). WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 grants municipalities the powers of a natural person for many purposes including the execution of agreements. AND WHEREAS Section 52(4) of the Municipal Act, 2001, S.O. 2001, c.25 permits an upper -tier municipality to remove a highway from its highway system. AND WHEREAS Section 52(5) of the Municipal Act, 2001, S.O. 2001, c.25 causes the ` removed highway to be come under jurisdiction of the lower -tier municipality in which the highway is located. AND WHEREAS By the adoption of Committee Item No. dated County Council deems it appropriate to remove from the County's highway system that portion of County Road 49 /Memorial Avenue and Line 15 North in Oro- Medonte, as described in Schedule "A" attached ( "Identified Highways"). NOW THEREFORE the Council of The Corporation of the County of Simcoe enacts as follows: 1 THAT the County- has agreed to enter into a Municipal Highway Agreement (Removal of the southerly half of County Road 49 /Memorial Avenue from Woodland Avenue west to the easterly limit of the off ramp of Highway 11, the southerly half of County Road 49 /Memorial Avenue from the westerly limit of Highway 11 to the curve in County Road 49 /Memorial Avenue where the road deviate from the limits of the City of Orillia, and that part of Memorial Avenue /Line 15 North commencing at the curve between Highway 11' South and Line 15 North continuing south to the off ramp of Highway 11 South) (the Municipal Highway Agreement) with the Township in the form and content as set out in Schedule B attached. 12 2. AND THAT the Indentified Highways as set out in Schedule A attached, be removed from the County's highway system so that they will come under the jurisdiction of the Township thirty (30) days afer passage of this by -law and after execution of the Agreement by both parties. 3. AND THAT the County will remain responsible for all non - winter maintenance of the Identified Highways as set out in the Municipal Highway Agreement attached as Schedule B. 4. AND THAT the Warden and County Clerk are hereby authorized to take all necessary actions to carry out the provisions of this by -law including the execution of any and all documents to finalize this matter. 5. AND THAT all recitals and Schedules "A" and "B attached, form part of this By -law. 6. AND THAT this By -law shall come into force and take effect immediately upon the approval of County Council. By -law read a first time and taken as read a second and third time and finally enacted this day of , 20 Cal Patterson, Warden Brenda Clark, County Clerk 13 SCHEDULE "A" TO COUNTY OF SiMCOE BYLAW IDENTIFIED HIGHWAYS' All of PIN 58566 -0101 (LT) Road Allowance between Concessions 1 & 2, formerly South Orillia between R0841536 & South limit of Lot 12, Concession 2; Part of Lot 1, RCP 1720, formerly South Orillia; Part Lot 13 -14, Concession 1, formerly South Orillia as IN R0769239; AKA King's Highway 11B, Highway No 7183, all in the Township of Oro - Medonte, County of Simcoe All of PIN 58566-0102 (LT) Part of Lot 1, RCP 1720, formerly South Orillia, as in R077066, except R0769239, all in the Township of Oro- Medonte, County of Simcoe All of PIN 58566 -0103 (LT) Block A, Plan 1349, formerly South Orillia, Township of Oro- Medonte, County of Simcoe All of PIN 58566 -0104 (LT) Part Jamieson Drive, Plan 1349, formerly South Orillia, Jamieson Crescent, (formerly Jamieson Drive) as in RO1412275, between Lots 2 & 4, RCP1720, Township of Oro - Medonte, County of Simcoe All of PIN 58566 -0257 (LT) Block B, Plan 1349, formerly South Orillia; Part Jamison Drive, Plan 1349, formerly South Orillia, Jamieson Crescent (formerly Jamieson Drive) as in 801412275 abutting Lot 8, Plan. RCP1720, Township of Oro- Medonte, County of Simcoe All of PIN 58566 -0258 (LT) Block C, Plan 1349; formerly South Orillia; Part Mary Street, Plan 1349, formerly South Orillia, as in RO1412275, Township of Oro - Medonte, County of Simcoe Part of PIN 58569 -0001 (LT) Part of Lot 12, Concession 2, formerly South Orillia, being Part 2, Plan 51R-39022, Township of Oro - Medtonte, County of Simcoe Part of PIN 58570 -0002 (LT) Part of Lot 12, Concession 2, formerly South Orillia, as in R077066, known as Highway 11 B lying North of Lot 13, Concession 2, being Part 2, Plan 51R- 39021, Township of Oro - Medonte, County of Simcoe 14 SCHEDULE "B" TO COUNTY OF SIMCOE BYLAW MUNICIPAL HIGHWAY AGREEMENT F: \SE \COUNTY OF SIMCOE \e1238 - Road Exchange Transfer Oro Medonte \Municipal Highway Agreement \Municipal Road Agreement Removing CR49. Nov.29doc.doc 15