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2022-016 By-law to Authorize the Execution of a Municipal Highway Agreement (Addition of Line 7 North from Hwy 11 North to Horseshoe Valley Rd)The Corporation of the Township of Oro-Medonte By -Law No. 2022-016 Being a By -Law to Authorize the Execution of a Municipal Highway Agreement (Addition of Line 7 North from Hwy. 11 North to Horseshoe Valley Road (County Road 22) to the County of Simcoe Highway System) Between the Township of Oro-Medonte and the County of Simcoe Whereas the Municipal Act, 2001, S.O. 2001, c.25, Section 52(1), as amended, provides an upper -tier municipality may add a lower -tier highway, including a boundary line highway, to its highway system from any of its lower -tier municipalities. And Whereas the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, provides that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; And Whereas as a result of the County of Simcoe Transportation Master Plan, the County has identified highways which will be required to be included in the County's highway system at some time in the future to ensure that the County's highway system will function on a county wide basis. And Whereas the identified highway within the Township of Oro-Medonte is the addition of Line 7 North from Hwy. 11 North to Horseshoe Valley Road (County Road 22) to the County of Simcoe Highway System. And Whereas Council deems it expedient to enter into the Municipal Highway Agreement with the County of Simcoe. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows That the Mayor and Clerk be authorized to execute the Municipal Highway Agreement (addition of Line 7 North from Hwy. 11 North to Horseshoe Valley Road (County Road 22) to the County of Simcoe Highway System) attached hereto as Schedule "A" and forming part of this By -Law. 2. That this by-law shall take effect on the final passing thereof. By -Law Read a First, Second and Third time, and Passed this 9th day of February, 2022. The Corporation of the Township of Oro-Medonte 9yoH.4S/ug.es Cork, Yvonne Aubicon\ Schedule N to By -Law No. "AU3, - 2D MUNICIPAL HIGHWAY AGREEMENT (Addition of Oro-/" Lne from KV.11 north to HaseshoeValley Road -Cal* Road 22- to the County of Simcoe Highway System) BETWEEN: THE CORPORATION OF THE COUNTY OF SIMCOE -and- THE CORPORATION OF THE TOWNSIP OF ORO- MEDONTE "County" "Township" RECITALS........................................................................................................ 4. 1. COMPLIANCE WITH SECTION 270....................................................... 5 2. COUNTY BY-LAW.................................................................................. 5 3. ADDITION DATE....................................................................................5 4. MAINTENANCE......................................................................................5 5. ON -GOING CO-OPERATION................................................................. 6 6. CORRECTION OFTITLE ISSUES..........................................................6 7. LEGAL/SURVEYING COSTS.................................................................6 8. OFFICIAL PLAN, BY-LAW AND TRANSPORTATION MASTER PLAN COMPLIANCE................................................................................................... 6 9. CIRCULATION TO COUNTYOF SIMCOE..............................................6 10. DOCUMENTATION TO BE PROVIDED..................................................7 11. EXISTING UTILITIES..............................................................................7 12. BRIDGES AND CULVERTS....................................................................7 13. INSURANCE........................................................................................... 8 14. INDEMNITY............................................................................................ 8 15. ENTIREAGREEMENT............................................................................9 16. NO MODIFICATION................................................................................ 9 17. SEVERABILITY.......................................................................................9 18. RECITALS...............................................................................................9 19. NOTICES.................................................................................................9 20. INTERPRETATION OF AGREEMENT ................................................... 10 21. FURTHERASSURANCES....................................................................10 22. WAIVER................................................................................................ 10 23. GOVERNINGLAW.................................................................................11 24. SCHEDULES.........................................................................................11 25. BINDING................................................................................................11 26. EFFECTIVE DATE................................................................................. 11 SCHEDULE "A"TO THE MUNICIPAL HIGHWAY AGREEMENT ..................... 12 LEGAL DESCRIPTION OFIDENTIFIED HIGHWAYS ...................................... 12 SCHEDULE "B" TO THE MUNICIPAL HIGHWAY AGREEMENT ...................... 15 ROADTRANSFER PLAN................................................................................... 15 SCHEDULE "C' TO THE MUNICIPAL HIGHWAY AGREEMENT ...................... 16 DRAFT COUNTY OF SIMCOE BY-LAW FOR THE ADDITION OF HIGHWAYS TO THE COUNTY OF SIMCOE HIGHWAY SYSTEM ........................................ 16 SCHEDULE "A" TO THE COUNTY OF SIMCOE BY-LAW ................................. 18 MUNICIPAL HIGHWAY AGREEMENT............................................................... 18 LEGAL DESCRIPTION OFIDENTIFIED HIGHWAYS ........................................ 19 MUNICIPAL HIGHWAY AGREEMENT (Addition of Oro r Liie from Hwy.11 north to HaseshceValleyRoad -County Road22- to 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. The rapid growth and development within the County is placing heavy demands on the County's highway system and will continue to do so in the future. The County has developed a long range plan for the reconstruction and rehabilitation of the highway system so that it can meet these demands. As a result of the County of Simcoe Transportation Master Plan, the County has identified highways which are required to be included in the County's highway system to support the transportation needs of the County's residents. The identified highway within the Township is the 71h Line, which is more particularly described in Schedule "A" attached ("Identified Highways") and which is set out in the sketch attached as Schedule "B" ("Road Transfer Plan") Section 52(1) of the Municipal Act, 2001, S.O. 2001, c.25 ("Municipal Acr) authorizes an upper -tier municipality to add lower tier highways to its highway system. The parties have entered into this agreement ("Agreement") to set out the terms upon which the Parties have agreed to the County adding the Identified Highways to the County's highwaysystem. NOW THEREFORE in consideration of the County and the Township agreeing to the terms of this Agreement and the County agreeing to add the Identified Highways to the County's highway system, and the Township and County agreeing to maintenance responsibilities for the Identified Highways, the Parties agree as follows: 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 added to the County's highway system. 2. COUNTY BY-LAW 2.1. County staff will present a form set out in Schedule Municipal Act to add the system. 3. ADDITION DATE by-law to County Council, "C" attached, pursuant to Identified Highways to the substantially in the section 52 of the County's highway 3.1. The County and Township agree that the Identified Hi hwa s shall be added to the County highway system as of ("Addition Date"). 4. MAINTENANCE 4.1 The Township agrees that it will continue to be responsible for all maintenance of the Identified Highways at the Townships expense, to the Townships maintenance standards and the minimum Provincial Maintenance Standards until The County agrees that it will assume responsibility for all maintenance, at the County's expense, after the respective dates set out in this section. 5 ON -GOING CO-OPERATION 5.1. The Township agrees to share with the County all information that it has on the Identified Highways including, but not limited to, ownership, and maintenance. 6. CORRECTION OF TITLE ISSUES 6.1. The Township agrees to assist the County in all respects required to identify and correct any title issues, relating to the highways to be added to the County's highway system. The Township further agrees that the County 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 County, with the County directing that the title work will be completed by their solicitors and surveyors. 7. LEGAUSURVEYING COSTS 7.1 The County agrees to pay 100% of its costs for the preparation and negotiation of this Agreement, and for all work required to effect the addition of the Identified Highways to the County's highway system, Including but not limited to, all County legal costs, and surveying costs. 7.2 The Township is 100% responsible for its own legal costs should it utilize the services of its own lawyer during the negotiation of this Agreement or at any time during the process of completing the terms of this Agreement. OFFICIAL PLAN, BY-LAW AND TRANSPORTATION MASTER PLAN COMPLIANCE 8.1. The Township acknowledges and agrees that from the Addition Date forward, the County's Official Plan, By-laws, and County of Simcoe Transportation Master Plan relating to road widenings, sight triangles, set backs and entrance permits, among other things, apply to all future developments along the Identified Highways. 8.2. The Township acknowledges and agrees that after the Addition Date all approved applications for Subdivision Agreements, Severances and Site Plan Control Agreements within the Township on the Identified Highways must adhere to all County requirements for road widenings, sight triangles, entrance permits and setbacks, pursuant to the Planning Act, R.S.O., 1990, c.P13, ss. 51(25) and 53(12). CIRCULATION TO COUNTY OF SIMCOE 9.1 The Township agrees that after the Addition Date the Township will circulate all applications for plans of subdivision, severances, and site plan control agreements referenced in Section 8.2 of this Agreement to the County, to provide the County with an opportunity to comment upon all such applications. 0 10. DOCUMENTATION TO BE PROVIDED 10.1. The Township agrees that within thirty (30) days of the Addition Date, where applicable and available without doing a title search, it will provide the County with all Agreements, documents, surveys and/or plans relating to the Identified Highways including but not limited to the following types of material. The Township will provide original copies of all documents listed below wherever possible. 10.1.1. As built drawings for all utilities and the Identified Highways; 10.1.2. All entrance permits; 10.1.3. All speed by-laws; 10.1.4. Any Special Use Agreements; 10.1.5. Any Encroachment Agreements; 10.1.6. Any Unregistered Easements; 10.2. The Township agrees that within thirty (30) days of the Addition Date, it will provide the County with executed Assignments of any of the above noted Agreements above that may be required by the County, in the County's sole and unfettered discretion. The County's solicitor shall approve any such Assignments required by the County, which shall be prepared at the expense of the Town. 11. EXISTING UTILITIES 11.1 The County and the Township agree that all existing utilities located within the Identified Highways will remain owned by either the Township or the utility provider as applicable, and further agree that any existing agreements relating to utilities will remain in full force and effect, with the County assuming all obligations of the Township from the Addition Date forward. 12. BRIDGES AND CULVERTS 12.1 The County and the Township acknowledge that all bridges and culverts which are located under the Identified Highways shall form part of the Identified Highways. The County and Township further acknowledge that where the Identified Highways pass over a culvert that is three (3) meters in diameter or greater, the overpass is considered a bridge, and if the Identified Highways pass over a culvert that is less than three (3) meters in diameter, the overpass is not considered a bridge, but instead Is considered a culvert. 7 13. INSURANCE 13.1. The Township shall provide to the County, prior to its 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 Town. 13.2. The Insurance policy shall contain a cross -liability and severability of interest clause, shall name the County as an additional insured. 13.3. The insurance policy shall contain a thirty {30) days notice cancellation. 13.4. 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. 13.5. 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. 13.6. The County will add the Identified Highways to its insurance coverage as of the date that they are added to the County's highway system. 14. INDEMNITY 14.1. The Township hereby indemnifies and saves harmless the County from and against all liability, losses, damages or costs whatsoever which may arise 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, more specifically In relation to the level of maintenance required to the Identified Highways as set out in Section 4 - Maintenance, and in relation to any unfulfilled obligations of the Township or liabilities incurred by the Township, as a result of an action or inaction that occurred prior to the Addition Date, pursuant to Section 11 - Existing Utilities. Nothing in this section shall require the Township to indemnify the County forthe County's own negligence or misconduct. r] 15. ENTIRE AGREEMENT 15.1. This agreement shall constitute the entire agreement between the Parties pertaining to the subject matter thereof. 16. NO MODIFICATION 16.1. 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. 17. SEVERABILITY 17.1. 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. 18. RECITALS 18.1. The County and the Township agree that all recitals are deemed to be true, and shall be incorporated as terms of the Agreement. 19. NOTICES 19.1. 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 given, if by personal delivery, 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 LPX 1N6 Attention: John Daly, County Clerk Fax: 705-727-7984 Tel: 705-726-9300 Email: John.Daly@simcoe.ca Townshiu eF Gr **Address** ©t.Ol. 2�� �, ON Attention: Oro-Medonte Township Clerk , yvov\�e Aobzc�v� Fax: XXX Tel: XXX Email: clerk's email address yGUbtc\,o h �, OCZS - m�ao•tie a Cc� Addresses, telephone and fax numbers and email addresses may be changed by written notice to the parties. 20. INTERPRETATION OFAGREEMENT 20.1. The headings, sections, subsections, and clauses are inserted for convenience of reference only, and shall not affect the construction or interpretation of thisAgreement. 20.2. This Agreement shall be construed with all changes in number and gender as may be required by thecontext. 20.3. 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. 20.4. All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 20.5. Whenever a statement or provision in this Agreement is followed bywords 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. 21. FURTHER ASSURANCES 21.1. The County and Township shall execute such further and other documents, as required to affect the provisions of this Agreement. 22. WAIVER 22.1. 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. 10 23. GOVERNING LAW 23.1. 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. 24. SCHEDULES 24.1. The following attached Schedules form part of this Agreement: Schedule "A"- Legal Description of the Identified Highways Schedule "B" - Road Transfer Plan Schedule"C"- Draft County of Simcoe Bylaw for the Addition of Highways to the County of Simcoe Highway System 25. BINDING 25.1. This agreement shall be binding upon and enure to the benefit of the Parties to this agreement and their respective administrators, successors and assigns. 26. EFFECTIVE DATE 26.1. 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: January 26, 2022 THE CORPORATION OF THE COUNTY OF SIMCOE GOO or e , rden 4—n-oa y�County Clerk We have authority corporation. to bind the 11 Date ��nrvv r 0 3 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor erk v S 4Ne t C v� We have authority to bind the corporation. 12 SCHEDULE "A" TO THE MUNICIPAL HIGHWAY AGREEMENT LQAL DESCRIPTION OF IDENTIFIED HIGHWAYS 7th Line North. Oro-Medonte Firstly, all of PIN 58547-0001 (extends from Highway 11 to 15/16 Sideroad): RDAL BTN CON 7 & 8 ORO LYING S OF RDAL BTN LTS 15 & 16, & THE KING'S HIGHWAY 11; PT E 1/2 LT 17 CON 7 ORO; PT LT 18 CON 7 ORO; PT LT 19 CON 7 ORO PT 1 51 R21510; ORO- MEDONTE; Secondly, all of PIN 58540-0001 (extends from 15/16 Sideroad to Old Barrie Road): RDAL BTN CONS 7 & 8 ORO BTN COUNTY RD 11 & RDAL BTN LT 15 & 16; ORO-MEDONTE Thirdly, all of PIN 58537-0001 (extends from Old Barrie Road to Bass Lake Side Road): PT RDAL BTN CONS 7 & 8 ORO LYING BTN RDAL BTN LTS 5 & 6 CON 8 AND COUNTY RD 11; ORO-MEDONTE Fourthly, all of PIN 58532-0001(extends from Bass Lake Site Road to Horseshoe Valley Road/County Road 22) PT LT 3 CON 8 ORO PT 2 51 R18210; PT LT 4 CON 8 ORO PTS 1 & 2 51 R25249; PT RDAL BTN CON 7 & 8 ORO LYING BTN COUNTY RD NO 22 & RDAL BTN LTS 5 & 6 CON 8; ORO-MEDONTE Widening — BLOCK 147, PLAN 51M957 SUBJECT TO AN EASEMENT AS IN LT524692 TOWNSHIP OF ORO-MEDONTE — PIN 58533-0371 RESERVE BLOCK 141, PLAN 51M957 TOWNSHIP OF ORO-MEDONTE — PIN 58533-0365 Widening - BLOCK 146, PLAN 51M957 TOWNSHIP OF ORO-MEDONTE PIN 58533-0370 RESERVE BLOCK 143, PLAN 51M957 TOWNSHIP OF ORO-MEDONTE PIN 58533-0367 RESERVE BLOCK 142, PLAN 51M957 TOWNSHIP OF ORO-MEDONTE PIN 58533-0366 13 SCHEDULE"B" TO THE MUNICIPAL HIGHWAY AGREEMENT RQAD TRANSFER PLAN OA915111$A Lei i Ciuu i iaYllatutiuiioi•ii0ii•Lluafinuta i:tac��ri�cuti$a�:r�a•I [Insert Map Image] SCHEDULE "C" TO THE MUNICIPAL HIGHWAY AGREEMENT DRAFT COUNTY OF SIMCOE BY-LAW FOR THE ADDITION OF HIGHWAYS JO THE COUNTY OF SIMCOU HIGHWAY SYSTEM OF THE CORPORATION OF THE COUNTY OF SIMCOE A By-law of The Corporation of the County of Simcoe ("County") to add certain lower tier highways to its County highway system. 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(1) and (3) of the Municipal Act, 2001, S.O. 2001, c.25 permit an upper -tier municipality to add a lower -tier highway from any of its lower -tier municipalities to it's highway system. AND WHEREAS by the adoption of Committee Item No_ dated County Council deems it appropriate to add to the highway system for the County certain lower tier municipal highways pursuant to the Municipal Highway Agreement as set out in Schedule "A" attached, with the lower tier municipal highways described in Schedule "B" attached (Identified Highways). NOW THEREFORE the Council of The Corporation of the County of Simcoe enacts as follows: THAT the County agrees to enter into a Municipal Highway Agreement (Addition of Oro-Medonte 71h Line from Hwy 11 north to County Road 22 — Horseshoe Valley Road - to the County of Simcoe Highway System) with the Corporation of the Township of Oro-Medonte for the Identified Highways, in the form and content as set out in Schedule "A" attached. 2. AND THAT the Identified Highways as set out in Schedule "B" attached, shall be added to the highway system for the County to form part of the County's highway s stem as of the date set out in the Municipal Highway Agreement, being 16 3. AND THAT the County will assume responsibility for all maintenance and repair of the Identified Highways as of . The County agrees that it will assume responsibility for all maintenance after these respective dates. 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 & B attached, form part of this By- law. 6. AND THAT this by-law shall come into force upon execution by the Warden and the Clerk. By-law read a first time and taken as read a second and third time and finally enacted this —day of_ 20. George Cornell, Warden John Daly, County Clerk