CNCL-20-83 Proposed Boundary Road Agreements Between the City

Public Report

To: Council in Committee of the Whole

From: Warren Munro, HBA, RPP, Commissioner, Development Services Department

Report Number: CNCL-20-83

Date of Report: May 20, 2020

Date of Meeting: May 25, 2020

Subject: Proposed Boundary Road Agreements between the City of Oshawa and Town of Whitby, Municipality of Clarington, and Township of Scugog

File: D-4110-0059-2019

1.0 Purpose

The purpose of this report is to receive Council approval to proceed with the execution of new Boundary Road Agreements (B. R. A.s) between the City of Oshawa and neighbouring municipalities (the Town of Whitby, the Township of Scugog and the Municipality of Clarington).

Delegation By-law 29-2009, as amended, delegates the authority to enter into B. R. A.s to the Chief Administrative Officer or Commissioner, Development Services provided the B. R. A. is in a form approved by the City Solicitor and Council.

Attachments 1, 2 and 3 are the most recent agreements with the Town of Whitby, the Township of Scugog and the Municipality of Clarington, respectively.

Attachments 4, 5 and 6 are the recommended updated and refreshed new agreements in draft form with the Town of Whitby, the Township of Scugog and the Municipality of Clarington, respectively.

2.0 Recommendation

It is recommended to City Council:

1. That, pursuant to Report CNCL-20-83 dated May 20, 2020 and the City’s Delegation of Authority By-law 29-2009, as amended, new Boundary Road Agreements between the City of Oshawa and each of the Town of Whitby, the Township of Scugog and the Municipality of Clarington, be approved as generally set out in said Report and satisfactory to the City Solicitor.

621 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 2

2. That, pursuant to Report CNCL-20-83 dated May 20, 2020 and the City’s Delegation of Authority By-Law 29-2009, as amended, the Commissioner of Development Services be authorized to execute the new Boundary Road Agreements.

3.0 Executive Summary

The current agreements with our neighbouring municipalities need to be updated. It is recommended that Council approve the proposed new Boundary Road Agreements between the City and each of the Town of Whitby, the Township of Scugog and the Municipality of Clarington for execution by the Commissioner of Development Services.

4.0 Input From Other Sources

The following have been consulted in the preparation of this report:

. Commissioner, Community Services . Commissioner, Finance Services . City Solicitor . Municipality of Clarington . Township of Scugog . Town of Whitby

5.0 Analysis

5.1 Town of Whitby

Boundary Road is the western boundary with the Town of Whitby from a point approximately 783 metres (2,569 ft.) south of Wentworth Street West to a point approximately 517 metres (1,696 ft.) north of Wentworth Street West. North of the northernmost point of Boundary Road, the municipal boundary between the Town of Whitby and the City of Oshawa consists of adjacent properties under private or municipal ownership with no municipal road allowance.

Boundary Road south of Wentworth Street West is under the jurisdiction of the Region of Durham and is maintained by the Region, while the portion of Boundary Road north of Wentworth Street West is jointly maintained by the City of Oshawa and the Town of Whitby.

The proposed new B. R. A. (see Attachment 4) establishes roles and responsibilities related to the maintenance, repair and upgrade of Boundary Road.

Currently there is no active B. R. A. between the City of Oshawa and the Town of Whitby as it has expired (see Attachment 1). However, staff with both municipalities have agreed to adhere to the language within the now expired B. R. A. until a new agreement is signed.

Attachment 4 is in a form that is generally acceptable to staff at the City of Oshawa and the Town of Whitby, subject to our Council’s approval, as necessary. There are no changes to current responsibilities for either municipality proposed in the new agreement.

622 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 3

5.2 Township of Scugog

Coates Road is the northern boundary with the Township of Scugog from the Oshawa – Whitby boundary in the west to Townline Road/Russell Road in the east.

Coates Road is under the jurisdiction of both the City of Oshawa and the Township of Scugog.

The proposed new B. R. A. (see Attachment 5) establishes roles and responsibilities related to the maintenance, repair and upgrade of Coates Road.

Currently, the term of the B.R.A. with the Township of Scugog contains ambiguous language in Article 2.0 related to the term (see Attachment 2). Consequently, Township of Scugog and City of Oshawa staff have agreed to adhere to the intent until a new B.R.A. is executed.

Staff from the City of Oshawa and the Township of Scugog have agreed to terms within the proposed new B. R. A. (see Attachment 4), subject to our Council’s approval, as necessary.

There are no changes to current responsibilities for either municipality proposed in the new agreement.

5.3 Municipality of Clarington

On June 24, 2019, City Council considered Item DS-19-127 to authorize staff to extend the term of the B.R.A. for another five years (i.e., to July 2, 2024) and to amend the B.R.A. to address the need to construct Townline Road North, north of Conlin Road East to accommodate development in the Kedron Part II Planning Area.

Upon further review, staff have determined that the B.R.A. also needs to be amended to reflect changes to Townline Road South as a result of the re-alignment of Bloor Street. The amendment will ensure that the B.R.A. is consistent with current practice wherein the City is responsible for that portion of Townline Road from Highway 401 to the terminus of Townline Road, north of Cherry Down Drive.

The June 24, 2019 City Council direction was needed as the B.R.A. was about to expire and needed to be extended. While in the process of preparing the amending agreement, both Oshawa and Clarington staff noted that the agreement needed to be refreshed. City staff now can ensure it also aligns with the form and content of the Scugog and Whitby agreements.

Attachment 6 has been prepared to advance all of these matters in a new refreshed agreement. Staff from Oshawa and Clarington have agreed on the language to the proposed agreement, subject to our Council’s approval, as necessary.

There are no changes to current responsibilities for either municipality other than those related to the above-noted sections of Townline Road.

623 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 4

5.4 Key Terms in Recommended Agreements

5.4.1 New Boundary Road Agreement with the Town of Whitby

The proposed new B.R.A. (see Attachment 4) with the Town of Whitby will include the following key terms:

. 10 year term commencing the date of execution;

. Option to extend for additional 10 years upon consent of both parties;

. Termination clause upon mutual consent of both parties with 30 days written notice;

. The Town of Whitby and the City of Oshawa to pay 50% of annual cost to maintain Boundary Road;

. The Town of Whitby to undertake work and invoice the City of Oshawa in June of each year; and,

. 2020 estimate for City share is $2,600 plus H.S.T. adjusted annually by the Consumer Price Index as provided by Statistics Canada in Q1 2020.

5.4.2 New Boundary Road Agreement with the Township of Scugog

The proposed new B.R.A. (see Attachment 5) with the Township of Scugog will include the following key terms:

. 10 year term commencing the date of execution;

. Option to extend for additional 10 years upon consent of both parties;

. Termination clause upon mutual consent of both parties with 30 days written notice;

. The City of Oshawa to maintain Coates Road from the boundary with the Town of Whitby easterly for 3.13 kilometres to westerly limit of the intersection with Simcoe Street North; and,

. The Township of Scugog to maintain Coates Road from the easterly limit of the intersection with Simcoe Street North, easterly for 1.39 kilometres to the intersection with Wilson Road North.

5.4.3 New Boundary Road Agreement with the Municipality of Clarington

The proposed new B.R.A. (see Attachment 6) with the Municipality of Clarington will included the following key terms:

. 10 year term commencing the date of execution;

. Option to extend for additional 10 years upon consent of both parties;

624 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 5

. Termination clause upon mutual consent of both parties with 30 days written notice;

. The proposed new B.R.A. with the Municipality of Clarington will amend the mapping schedule related to the change to Townline Road South as a result of the re-alignment of Bloor Street and Townline Road North north of Conlin Road East.

6.0 Financial Implications

The recommended B. R. A.s (see Attachments 4, 5 and 6) identify obligations for the City in respect to the roads subject to each B. R. A.

These obligations have financial implications which are included in the annual operating budget, capital budget and forecast capital budget submissions to Council.

7.0 Relationship to the Oshawa Strategic Plan

The Recommendation advances the Economic Prosperity and Financial Stewardship, and Accountable Leadership goals of the Oshawa Strategic Plan.

Anthony Ambra, P.Eng., Director, Engineering Services

Warren Munro, HBA, RPP, Commissioner, Development Services Department

625 6829

. . Item o. ____106-94 _ PW N Attachment No. __2__ _ nns AGREEMENT made (in qu.tdruplicate) as of the 1st day of January, 1991. Item: CNCL-20-83 BETWEEN: Attachment 1

THE CORPORATION Of1lJE CITY OfOSHAWA hereinafter called •Oshawa" OF nm f1RSI' PART ·and· UJE CORPORATION OF ]HE JOWN OF WlflTBY hereinafter called "Whitby" OF nm SECOND PART

WHEREAS the Regional Municipality of Durham deleted the section or road allowance Jc:nowu as "BoundaJy Road", described in Schedule •A• attached hereto, from its road l)'ltoali effocdvo November 3, 19118, as approved by the Ueutenant-Oovernor•in• Coundl in Order No. 2567/88.

AND WHEREAS Oshawa and Whitby desire to enter into an Agreement under the prOYisions of Sec:t.im 271 of the Municipal Act, R.S.0. 1990 for the maintenance and repair of that portion of the road allowance between the two municipalities, Jcnown as "Boundaiy Road•, described in Schedule •A• annexed hereto and shown cm the sketch attached hereto as Schedule "B•;

NOW, nlEREFORE, nus INDENTURE WITNESSETH that the parties hereto mutually covenant and agree with each other as follows:

1. From January 1st, 1991, until sixty (60) days after the Oerk of either municipality gives notice, in writing, to the other, Whitby shall maintain and keep in repair, the entire width of the road allowance between Oshawa and Whitby, more particularly described in Schemlle •x attaqied hereto and shown on Schedule "B" attached hereto (hereinafter referred to as ''Boundary Road"),

2. Whitby agrees that it shall not undertake major work on "Boundary Road" such as repaving, asphalt or emulsion resurfacing. reconstruction, or any major repairs, without the written consent of Oshawa. Whitby will undertake such rwtine work as catch basin cleaning, drainage maintenance. sweeping and flushing, asphalt patching. debris and Utter pickup, grass cutting. snow plowing, sanding, salting. snow fencing and other normal maintenance and repair. operations, at its expense, withwt notice to Oshawa and without the consent of the Council thereof.

626 • page 2 •

3. Whitby agrees to indemnify and save harmless Oshawa from any loss or damage arising from the want of repair of "Boundary Road" which Whitby bas agreed to maintain and repair, during the period this Agreement remains in force.

4. Whitby shall fully maintain all traffic signs and local intersection signs associated with "Boundary Road".

5. Whitby agrees not to undertake any sidewalk installations or any major street liyiting improvements, such as the installation of new facilities or the changing ol the type of lighting system, on "Boundary Road", without the written consent of Oshawa. Notwithstanding the foregoing, in the event that a subdivision development occurs on either side of "Boundary Road" and works related to the subdivision are required, pursuant to the terms of the Subdivision Agreement, the Municipality that has entered into the Subdivision Agreement may perform the·works contemplated therein on "Boundary Road" without the consent of the other Municipality provided such other municipality is given notice of such proposed work prior to the execution of the Subdivision Agreement and provided the proposed work is undertaken at no expense to the Municipality which is not a party to the Subdivision AgreemenL

6. Nothing in this Agreement shall oblige Whitby or Oshawa to open for travel any portion of the boundary road allowance between the two Municipalities not o~ned or to repair any portion of an unimproved boundary road at the effective date of this Agreement.

7. Csha\Vll agrees to pay to Whitby one-half (1/2) of the estimated annual cost to maintain •Boundary Road". Average annual maintenance costs are fixed at S3,265.00 for 1990.and shall increase on an annual basis in accordance with the Consumers Price Index as provided by Statistics Canada. Whitby shall invoice Oshawa in June of each year and payment is due upon receipt.

8. The first year of payment for this Agreement shall be for the calendar year of 1990. It is agreed that Oshawa will pay Whitby $1,632.50 as full payment for its portion of the costs of road maintenance for the year 1990. This payment shall be due and payable upon approval of this Agreement by both parties.

9. This Agreement shall come into force on the 1st day of January, 1990, in order to accommodate the payment due in paragraph 8, and shall continue in full

627 - page 3 •

force and effect from year to year until the 31st day of December, 2000.

IN WITNESS WHEREOF the parties hereto have each affixed their corporate seals duly attested to by the Mayor and Clerk of each Municipality.

DATED at the Town of Whitby this day of 1994.

]ltE CORPORATION OF 1J:IE TOWN OF WHITBY

Tom Edwards, Mayor

Donald G. McKay, □erk

DATED at the City of Oshawa this day of 1994,

THE CORPORATION OF THE CITY OF OSHAWA

Nancy L Diamond, Mayor

Robert A. Henderson, Clerk

628 SCHEDULE "A" FffiSJLY In the Town_of Whitby, in the Regional Municipality of Durham, being composed of that part of Lot 18 in the Broken Front Concession designated as PARTS 4 and 5 on Plan 40R- 3705.

SAVE AND EXCEPT that part of said Lot 18 in the said Broken Front Concession designated as PARTS 2, 3 and 15 on Plan 40R-9297.

SECONDLY

In the Town of Whitby, in the Regional Municipality of Durham, composed of that part of Lot 18 in the Broken Front Concession designated as PART 7 on Plan 40R-9297. ]lfIRDLY

Part of Parcel Plan -1, Section M-1120 (Oshawa) in the City of Oshawa, in the Regional Municipality of Durham, being composed of that part of Block H on Plan M-1120 designated as PARTS 1 and 2 on Plan 40R-4194 and PART 1 on Plan 40R-9313.

FOURTIILY Part of Parcel Plan -2. Section M-lU0 (Oshawa) in the City of Oshawa, in the Regional Municipality of Durham, being composed of that part of Block E on Plan M-1120 designated as PART 3 on Plan 40R-4194. FIF1J:ILY

Part of Parcel E-1, Section M-1120 (Oshawa) in the City of Oshawa, in the Regional Municipality of Durham, being composed of that part of Block E on Plan•M-1120 designated as PART 2 on Plan 40R-9313 and that part of Block O on said Plan M-1120 designated as PART 3 on Plan 40R-9313.

629 SCHEDULE "B"

(

TOWN <>F WHITBY

LAKE ONTARIO

. ,,,,,, BOUNOAAV ROAD 10BE WJtrrAJNB> 8VTif! TOWH OF Wlfl11Y 1901

630 PWl-l!R-50

REPORT ITEM NO. 106-94 TO: PUBLIC WORKS COMMITTEE CITY OF OSHAWA MEETrNGDATE: Tuesday, 1994 07 19

FROM: COMMISSIONER OF Pl:BLIC WORKS SERVICES ,.

SUBJECT

Oshawa/Whitby Boundary Road Agreement

RECOMMENDATION

1. That the Boundary Road Agreement with the Town of Whitby, a copy of which is attached to the Commissioner of Public Works Services' report dated 1994 07 19 on Item No. 106-94, be approved.

2. That the Mayor and City Clerk be authorized to execute the Boundary Road Agreement.

REPORT

In November of 1988, the Region of Durham deleted from its road system a section. of road along the municipal boundary of the Town of Whitby and the City of Oshawa. This road is commonly referred to as Boundary Road and extends from Wentworth Street northerly a distance of 550 metres to the north limit.

This road is the joint responsibility of the Town of Whitby and the City of Oshawa. It is, therefore, necessary for Oshawa and Whitby to enter into an agreement for the maintenance and repair of this road.

Crown Court, which is a municipal street in the Town of Whitby, gains its access off the subject section of Boundary Road. It is, therefore, most appropriate for the Town of Whitby to maintain Boundary Road, and for the City of Oshawa to pay for half the maintenance costs. A plan showing the road configuration in the area is appended as Attachment No. 1.

In 1991, the Town of Whitby originally prepared the Boundary Road Agreement, however, finalization of the agreement has been delayed due to legal questions arising during the associated title search.

The above issue has now been resolved, and the City·Solicitor has reviewed and approved the proposed Agreement. It is recommended that the Agreement be executed.

A copy of the Boundary Road Agreement is appended as Attachment No. 2 to this report.

Commissioner of Public Works Services ·

BS:gc

631 P.W. Item No. ·-·-·--106-94 1 Attachment Mo. ---··-··

< DEAD END)

~ E

C ID ! CROWN CT. Ul

X D 0,: - a.. 0... <(

WENTWORTH ST. W.

TOWN OF CITY OF WHITBY OSHAWA

DEPARTMENT OF PUBLIC WORKS CITY OF OSHAWA BOUNDARY ROAD North of Wentworth St. Date: 07/11/94 I Scale: NTS

632 6202 Item: CNCL-20-83 Attachment 2 nns AOReEMENT made in tf1,licate • ofthe2"" day ofOdober, 2006 BETWHEN:

lHE CORPORATION OF THE CTY OF OSHAWA

(hcmn referred to as "Oshawa") -and-

nm CORPORATION OF ll£ETOWNSHIP OFSCUOOG (herelnre&md to as ..Scugogj

RECITALS

(a) Pur51Wltto lledion 11 ofthe Municipal Act, 2tJ01, Scugog and Oshawa may poss by-Jaws ~ngmaltCl"I wilhin the "'biahwa,s" sphere ofjurisdiction.

(b) Pwsuant to section 29 ofthe Municipal Act, 2001, if municipalities having joint jurisdiction over aboundary linehighwayentlr into 111 agreamm UDder wbkh each municipalayagrm to keep llllY part of lbe highway in repair far its whole widlh and to indemnify lbe ocher municipality from any Ioas ordam13C arising from thelade: ofn:pair fbr lb.ratparty, the ,cn:emcnt and acopy ofthe b,-law mathorizing the agreement may be regisll!fed in the land regi~lry oflice.

(d) By this AgreementOsb awa and Scugog wish to mike pruvisim for all mattc:rs relating to the maintenance, repair andcoD&lnlction and the sbaringofeo&15 of111c:hcons1ruc1ion ofccrlain parts ofCoates Road.

Now lHER2FOU in considcntion oflhemulual tams. conditions ml covmms conllined hefflin and olher p,d and valuable ccosidmlion, the receipt andsumciency ofwhich by eacboftbe Mrmicipalities is bmlby aclcnowledFd, THI! MUNICIPALnlPS Hl!RBJO AGIW! AS FOLLOWS:

1. lrfTERPRE'fftDQN

1.01 lo llis Apiement wba'e words appear with tbeit first letter capll&Jiz1'4, the words sbaU have the meaninp set out for lhem in lhelettaedpuagraphs onus Section. Olherwise,aD words used in d:tis Ap,emcnt an, intended to have the meaninpo rdinarily ascribedtothem in the Ei,gJisb languase-

"Agrecm=nr' ~ tbia agRQJlenl. includmg itsn:citala and BDY scliedubwtu:b bm an integralpart of'ir. 8HIDl!Med5oa1 time to lime.

'"Claims'"indudeany IIDd all claims, acdons, causes ofaction,complaint&,danands, suits orpma:edings ofay nature or kind in capec:t ofmy and aD losses, d8l1JlllleS, Iiabilities, deficienoes, costs and apmsa("UJCluding. without limitation, all legal and other pro.lessional fees and diliburscme:at,, inett:st, liquidated damages and amounts paid in selllmlenl, whether fran a lhird pmoa. orodir:.:iwise), the casts or expc:nscs ofcomplying with any mzviJum:De.alll ~ and myec:cmomic lose:s, consequeniial, induect,, special rmd incidcmU1 duoages resbltiogfirm or in any wsy relaled to a breldl ofa Ima ofIbis Apmna!J. lo.'5of life, pcnoaal iqjury (incJudin& in all cuc:1, pcnrmal discomfiul and illness), and loa ofand damqe toprupcrty.

(d) "Om1na:dod' udldes ~ smeDin& plMll8 and m:avaling aad includes the im1allalion ofeqp.neczed fill,~ granularbase, caacftle curb mid gulter,conacce sidewalk. ppi~lopsoi~ sod, street '11:e:s, &Imm KWmtc:ald.lba:Jim,culvC11s, bridg: cons1Ndiaa. In.Die sipalizalion, streetlighting. sanit&l)' sewm, Wlllamains and service COllDCICtions andalso similar -=twities BDd m.alaialsin, under, ova. upon, alona, above or across Coale:s Road butdocs mt inclaMaintmance andR,ipair.

633 (e) "Construction Costs"means all costs relating to Construction and lnclude costs relating to surveying, designing, dralling, preparation of~ecifications, n:quC$ls for proposals.

tendering, supervision ofconstruction1 accounting, overhead costs~ debentu:ring, interest and financing costs.

(0 "Developing Municipality" If\e&nS the Municipalityin which eDevelopment is proposed or ~UJ'II.

(g) "DeveloJ)ment" means any work on or to Jand orbuildi.n~. including redevelopment, which requires oneofthe following actions;

(i) the passing ofa zoning by-law, or an amendment to aioning by-lnw UDder section 34 oflhcPlatmingAct;

(ii) the approval ofa site plan under-section 41 of the Planning Act;

(iii) the apptoval ofaromot variance undeucction 45 ofthe PlanningAcl which involves a ehangc in use, intensiffoatfo•n ofuse or expansion ofuse;

(iv) a conveyance ofJand to whieb a by-law pl!SS{d under subsection 50(7) oflhe PlanniQg Act applies;

M the approvli! ofa Plan ofSubdivision under section S1 of lh~Plannmg_ Acl;

(vi} a consent under section 53 ofthe Planning Acl;

(vu) the approval ofadescription undersections 8 or 9ofthe Cond.ominlum Act, 1998; or

(viii) Ute imung ef~ pemut under the Building Code Act, 1992 ill relation to a buildipg or structUl'e.

(h) "Malnl.ai.nand Repair" means activitics n:latin8 Lr:> the maintenance and repairofmunicipnl highways in aCC(lfdance with and to the standard from time to time prescribed by by-law and policy, as !IPPficablc, ofScugog orOshawa,. as the case may be, including, without limitation, ditching, CSP culv-ert replatement, bolt culvert rc:storation, curb-rcp1ac:cmcnt, gu.iderail repair, pnvement marking. iegraveUing. cepaving. emulsion resurfacing, asphalt patching, gravel ~clung, groding and seasonal µudntcnnncc. sidewalk replacement, sidewalk maintenance, maintetlllllce ofexisting road closure gates, sewer and catchb:isin cleaning. priming crack sealing. grass and weed cutting, sweeping and flushing, traffic and regulatory sign maint.enaooe, wint~ epntrol measures (includingsnow plowing, snow removal, snow fencing 4Utd de-icing) litter con~l, tree trimming and Ttlmoval, traffic signalization maintenance, ~ lightingmaintenance and bridge maintenance.

(i) ''Municipality'' me!W Scugogor Oshawa.

0) "1976 Agxffl?lent" means a boundary road agreement between Oshawa and ScugQs dated Oc.tober25,.1n6 authorized by Oshawa By-law 149-16 and Scugog By-law 4S~76.

(k) "Oshawa" means The Corporation oflhe City ofOshawa.

(1) 11OshawaRoads" mi:ans tlmt partotCoates Road from lhe boundary with the Town of Whitby t.o the westernlimit ofthe intersection ofCoales Road and Sim~Stt1:et North !IS depicted in Schedule A to Utis AgreemenL

(m) "Scugog" means The Co.rporation of the Township ofScugog.

(u) ''ScugogRoads" means that p.art efCos1¢.S.Road from the eastern limitofthe intersection of O,a!.C$ Roadand SimcoeStreet North to the eastern.limit ofthe intersection ofCoates Road and WtlsonRoad North as depicted in Schedule A to this Agmcment..

(o) "Tenn" m=ns the tenn ofthis Agreement es specified in section 2,01 ofUusAgreement.

11 \AtrttfflClu'Boulld31)1 11c:1J1Scup,s Bollll

t.03 This Agreement &hall be inteipreted accordingtll lhe laws ofthe Province ofOnlario.

1.04 Article, section, clause and/or paragraph headings are for reference purposes only nnd shall not in any way modify or limit the statements contained in the text ofthis Agreement

1.05 References to federal or provincial statutes or regulations ormunicipal by-laws lll'C deemed to refer to the ~levunl legislation PS mnended, including successor legislation. Without limitation,

,a} "Building Code Act" means lhe Bllilding Code Ad, /9921 S.O. 1992, c. 23;

(b) "Condominium Act, 1998'' means the Condominium Act, I998, S.0. 1998, c. 19;

(d) "PJmmingAct"means lhe Pla11ningAct1 RS.0.1990, c.P.13

2. IMM 2.01 Theterm ofthis Agi,:enient llh.aU commence on November 1, 2006 andshall expire on the later of October 3 I, 2016 and the date cm which either Municipality has notified the blher that this AgreclJlelll bas been terminated. TheMunicipalities acknowledge that this Agreement together wilh a copyofthe by-Jaws authorizing lhe executionofthis Agreement may be registered in the Land Registty Office ofDurham (no. 40),

3. MAINTENANCE AND REPAIR

3.01 O:;bawa covenants and agrees that it i;hall;

(a) Maintain and Repair to their fi1llwidth OshaWllRoads;

(b) Indemnify and save hannless Scugog from and against any Claims arising ftom or Inany wny related to any alleged failure by Oshawa to Mniotnin and .Repnir OshawaRoads; and

(c) subject to Articles 5and (j ofthis Agreement, notundertakeany Construction.in ~tof Oshawa Roads except with Scugog's prior written consent.

3.02 Sr.:ugog covenants and agces that ihball:

{a) Maintain alld Repairto their full width Sc:ugogRoads;

(b) mdemnify and save hannless Oshawa from and against any Claims arising from c,r in any way related to any alleged failure by Scugog to Maintain BIid Rc:pairScugog Roads; and

(c) subject to Articles Sand 6 of1his Agreement, notundertake any Construction io respect of ScugogRoads ~cept with Oshawa's prior written consent.

3.03 Oshawa and Scugog sba1l., subject to c.ich Mumcipality's budget approval, shareequally the cost of any rcgravclling, repaving and emulsion resurfacing, bridge me.intenenee, box culvert restoration and traffic sfgnaliz.ation maintenance associated with their respective obligations to Mainhiio and Repair contemplatedby clauses 3.0l(a) and 3.02(a) ofthis Agreement.

3.04 Scugog shall sdm.ini.ster access and utility consents to Coat!;.$ Road .from Scugog.

3.0S Oshnwashall admrnisfer access and utility consents to Coates Raad from Oshawa.

3.06 Each Mutticipality sholl consult with1he other for the purpos~ ofthe administratron ofaccess pumuant to sections 3.04 and 3.05 ofthis Agreement.

P:i.geJ ll:\A11t011MIS\Bourulsry llold'IScUIDI llosindsr), lltlld,',Pffll'CllµI""" 635 4, STREET LIGHTING

4.01 Oshawa andScugog shall, subject to each M.wucipal.ity's budget approval, share equally the costs of opemting and maintaining a street lighting system in respect ofScugqg Roads and Osbawa Roads.

5. CONSTRUCTION

5.01 Subject fo Article 6 ofthis Agreement and lo eacl1 Municipality's budget approval, Osh11cwa mid $cugog wiU c;10I11ribulc c:qul!.lly to Construction Costs relati:d to Consttuclfon ofOshnwa Roads and Scugog Roads.

Ii. DEVELOPMENT

6.01 Notwithstanding paragraphs 3.0l(C') and 3.02(c} ofthis Agreement, ifC.Onsttuctio11 relates to 11 Development, the Developing Municipality may undertake or cause or pem1it to be IJlldcrtaken such Conslluclion on the foUowiog'terms1

(a) Thi: Developing Municipality shall give to the olherMunimpnlity aUeasteight (8) weeks' wriUcn notice prior to the comme.ncemeat ofsucn Construction.

(b) Oshawa and Sct1gog shall, subject to eaeh Municipality's budget apw-oval, share equully the bctiefit-to-cxisting compone11l oflhe street lighting portion ofCoo:,'tiuclion CosU; relating directly to such Construction. The Devclopmg Municipalily shall bear the balanee oflhe streel lighting portion ofConstructionCosts relating directly to such Constnlt:tion. Olherwi&e, the otherMunicipalizy shall bearnone ofthe Construction Costs relatingdirectly to such Construction.

6.02 Nothing in seetion 6.0l shall derogate from each Munkipallt;y's obliga[ion to Maintain and Repair Coates Road punruant to the terms ~fthis A~ent.

7, GENERAL

7.01 Any notice lo be given under this Agreement shall be sufficiently given ifdelivered or Ifsent by prepaid ilxst class mail and addressed

lo$c.ugogat; The Corporation ofthe Township ofSeugog Attention: C-ommissioner ofinihlslntcture sad Development 181 Perry St.. Box780 Port Peey, ON L9L IA7

and to Oshawa at: The Coiporntion ofthe City ofOshawa Attention: Com.missionel' ofDevelopment Scl'Viccs 50 Cen~Street South Osbawa,ON LlH3Z7

Receipt ofnotice !ihall be deemed dn the earlier ofthe dateofdeliveryorJive (5) days tollowin_g the date orl!Ul.iling oflhe notice. Either Mumcipality may change its address for notice bygiving notice ofchange ofaddress punruant to this section.

1.02 Notwt1bstanding-1!nythi:ng fn Ibis.Agreement, neither Municipality sbatl be in default with ~ectio the perfQrmanceoranyofthe tenns ofthis Agn:ement ifany non-perfOllTiance is due to any forco majeUl'C. i.trike, Jock-6Ut, labour dispute-, civil commotion. war or similar event, invasion, the =crcise ofmilitary power, act ofGod, government regulations orcontrols, inability to obtain uny material or ffl"Vicc, or any cause beyond the reasonable control of the Ml.lllicipalily (t11ltcss auch lack ofcontrol results from a deficiency in finam:Jal resources). Otherwise, time shall be ofthe essenceof1h.is Agieemcnt and all the obligations contained herein.

636 7.03 The Municipalities sluill jointly determine IIO Jcm li-equently lhDll quarterly during each )IC3J" ofthe tam ofthis Agreement (indivldunlly, nn "Adju.mnent Dote")the &m0unt, irnny, to be p:nd by one Municipality to the other Municipality in a.cco~with the terms ofthis Agreement in respect of the period for which the determination is being made. In the event that the Municipalities do oot joinllydetmninesuch amowilwi!hin thirty (30) days ofan AtijustmentDate, either Municipality may refer the matter to be 1ins11y &ettled by ubttration in accordmce with1heprovisions ofthis Agreement. The provi#ioll$ofthoArbitraJion.Act, JnJ, S,O, 191)1,c;, 17 5hall apply, c1tc:cpt where a contrary inteation is eitpressed herein. 'The matter &ball be reJened to the lllbitration ofllcingle arbilmlor, ifthe parties agree upon ODC. olherwiso to three tubitntoB. one to bo appointed by C:11cb party end 11 third lo bo dtoseo by the fust two mmedbefurc theyemer upon the business of arbitrolion. The e.wud and dctennination.ofthe arl>itntoror arbitrators or anytwo ofthe three arbilratoi, shall be bindingupon the MWJicipalilie& Any amOUIIt &hall be paid within thirty (3 0) days ofthe earlier ofthe Mumcipaliti~• determinationor the awani oflhe SJbitrator(s), as opplicablc.

7.04 The righl! and liabilities ofthe Municipalities shall enure to the benefit ofand be binding upon the Municipalities and their r=pective succcssom and approved msigns.

7.05 Subjed to section 7.06 ofthis Agreement, this Agr=neot contains the entire ag,cement betweffl the MWlicipaliUcs. There is no covenant.promlsc,agreement. condition precedent or 5Ubsequcnt, wwnnty or rc:pn:senlatioo or ~ding.whether

7.06 Nolhiog in this Agre:mcnt relieves eitherMunicipalityfrom anyoutstanding financial obligation to thoother in mpcct ofany prior ngreernent or olbcrcontractual ammgement between lhe Municipalities relll!ed to the Sllbject matter ofthis Agreement including, withOlll limilation. lhe l 976 Agreement and the indemnity obligations contained thc:rcill.

7.07 Ifimy article. section. subsection. paragraph. clwse or&ubclousc or any ofthe wolds contained in \his Agreement shall beheld wholly orpartiallyillegal, invalid or 1menforeeabtcby en.y court of competent jurisdiction, (beMWlicipalilics agree1hat the remainder ofthis Agreement sbnU not be affected by the judicial holding, but shall remain in full force and cffcot. The provisions o[ this Agreement &hall have cffe(t, ootwithstmding any statute 10 tho contnuy. 7.08 No supplement, mntndmenl or waiver oror under this Asre,ement sbalJ be binding unless executed in writing bythe Municipalityto be bound tbmby. No waivr.r by aMunicipality ofany provision ofthis Agreement shall be deemed or 11haU constitute s waiver ofarry other provision or o. continumgwaiver unlessothcnvise cicpresslyprovided.

Wtnress WHEREOP the Municipaliti~ hetelo havo bcrwnto affixed their co,potatc ~Is duly attested by lhc J>fOper signing officers iti that beba1£

THB CORPORATION OF TIIB CITY OF OSHAWA

~ CI.HRJ(

THE CORPORATION OF THETOWNSHIP OF SCUGOG

MAYOR cit.

CLER.IC l'agcS 637 TOWNSHIP OF SCUGOG 638

OSHAWA/ SCUGOG BOUNDARY ROAD AGREEMENT

LEGEND

PROPOSED ROAD JURISDICATJONS -C- REGIONAL --•••• TOWNSHIP OF SCUGOG -- LOCAL -•- CITYOFOSHAWA ===-="' UNIMPROVEDROAO fl UNOPENED ROAD Clty of Oshawa DEVELOPMENT SERVICES DEPARTMENT ENGINEERING SERVICES Item CNCL-20-83 7876 Attachment 3

This agreement made In triplicate as of the 2N' day of July, 2014

BETWEEN:

THE CORPORATION OF THE CITY OF OSHAWA

(herein referred to as "Oshawa")

and

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

(herein referred to as "Clarington")

RECITALS

(a) Pursuant to seciion 11 of the Municipal Act. 2001, Clarington and Oshawa may pass by laws respecting matters within the "highways" sphere r:J jurisdiction.

(b) Pursuant to sections 2.9 and 29.1 of the Municipal Act, 2001, if municipalities having joint iurisdiclion over a boundary line highway enter Into an agreement under Which each municipality agrees to keep any part of the highway In repair for Its whole widlh and to indemnify the other municipality from any loss or damage arising from the lack ofrepair for that party, the agreemeri and a copy ofthe by-law authorizing the agreement may oe registered in the land registry office.

(d) By agreement dated Janual)I 24, 1979 between Oshawa and The Corporation of the Town of Newcastle, provision was made for the reconstruction and sharing of costs relating to such reconstruction of that part of Townline Road between the Canadian Pacific Railway tine and Farewell Creek.

(e) By agreement dated October 1, 1982 between Oshawa and The Corporation oflhe Town of Newcastle, provision was made for the maintenance and repair of that part ofTownline Road forming part of the boundary between Oshawa and The Corporation of the Town of Newcastle.

(f) By agreement dated October 25, 2004 ("Previous Boundary Road Agreement") Oshawa and Clarington made provision for all matters relating to the maintenance, repair and construction and the &haring of costs of such construction of certain parts of Townline Road.

(g} The Previous Boundary Road Agreement was amended on by agreement on October 2, 2006, to clarify responsib~ilies between Oshawa and Clarlngton with respect to street fighting. This amendment did rot alter the term of the Previous Boundary Road Agreement.

(h) The Previous Boundary Road Agreement Is about to expire.

(i) By this Agreement Oshawa and Clarington wish to make provision for all matters relating lo lhe maintenance. repair and construction and the sharing of costs of sLCh construction of certain parts ofTo.vnllne Road.

Page 1 of7 639 NOWTHEREFORE in consideration ofthe 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 MUNICIPALITIES HERETO AGREE AS FOLLOWS:

1. INTERPRETATION

1.01 In this Agreement where words appear with their first letter capitalized, the words are intended to hav~ the meanings set out for them in the lettered paragraphs of this Section Otherwise, all words used in this Agreement are Intended to have the meanings ordinarily ascribed to them in the English language.

(a) "Agreemen1• means this agreement, Including its recitals and any schedules which form an integral part of tt, as amended from time to time.

(b) °Claims" inclUde any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages. liabilities, deficiencies, costs and expenses (including, without !imitation, an legal and other professlonal fees and disbursements, interest. liquidated damages and amounts paid in settlement, whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, and any economic losses, consequential, Indirect, special and incidental damages resulting from or In any way reJated to a breach of a term of this Agreemen~ loss of life, personal injury (including, In all cases, personal discomfort and illness), and loss ofand damage to property.

(d) "Clarington Roads"' mean those portions ofTownfine Road described in Schedule B to this Agreement and as depicted in Schedule D to this Agreement. For the purposes of Section 3.02 of this Agreement, Clarington Roads shan also include any unopened part of Towntine Road between the northern limit of Oshawa Roads and the northern limit of Clarington. The approximate total length of Clarington Roads. excluding any unopened part ofTownline Road, Is 4.81 km.

(e) •construction" Includes reconstruction. gravelling. paving and excavating and Includes the instaUatlon ofengineered fill, subdrains. granular base, concrete curb and gutter, concrete sidewalk, multi-use trails, cycOng facmtles. slgnage, guiderails, topS011, sod, street trees, storm sewers, catchbasins, culverts, bridge construction, traffic signalization, street lighting, sanitary sewers, watennains and service connections and also simUar activities and materials in, under, over, upon, along, above or across Townline Road but does not include Maintenance and Repair.

(f) ''Construcbon Costs" means all costs relating to Construction and include costs relating to surveying, designing, studies including environmental assessments, draftlng, preparation of specifications, requests for proposals, tendering, supervision of constn.,ction. accounting. overhead costs, debenturing, interest and financing costs.

(g) "Developing Municipality'' means the Municipality in which a Development Is proposed or occurs.

(h) "Development" means any work on or lo land or buildings, including redevelopment, which requires one of the folloWing actions;

(i) the passing ofa zoning by-law, or an amendment to a zoning by..faw under section 34 of the Planning Act:

(ii) the approval of a site plan under section 41 of the Planning Act;

(iii) the approval of a minor variance under section 45 of the Planning Ad which invotves a change in use, intensification ofuse orexpansion ofuse;

(iv) a conveyance ofland to which a by-law passe<:l under subsection 50(7) of the Planning Act applies;

Page2of7 640 (v} the approval of a Plan ofSubdivision under section 51 of the Planning Act;

(vi) a consent under section 53 of the Planning Act;

(vii) the approval of a description under section 50 of the Condominium Act; or

(viiQ the issuing ofa petmit under the Building Code Act, 1992 in relation to a building or structure.

(Q "Durham Roads" means those portions ofTownline Road described in Schedule C to this Agreement and as depicted in Schedule D to this Agreement The approximate total length of Durham Roads Is 5.40 km.

0) "Maintain and Repair" means activities relating to the maintenance and repair or municipal highways in accordance with and to the standard from time to time prescribed by by-law and policy, as applicable, of Clarington or Oshawa, as the case may be, Including, without limitation, ditching, CSP culvert replacement, box culvert restoration, curb replacement. guiderail repair. pavement marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching, grading and seasonal maintenance. sidewalk replacement, sidewalk maintenance. maintenance ofexisting road closure gates, sewer and catchbasln cleaning, priming crack sealing, grass and weed cu1ting, sweeping and flushing, traffic and regulatory sign maintenance, winter control measures (including snow plowing, snow removal, snow fencing and de--lcing) litter control, tree trimming and removal, traffic signalization maintenance, street lighting maintenance and bridge maintenance.

(k) "Munieipality" means Clarington or Oshawa.

(I) "Oshawa" means The Corporation of the City of Oshawa.

(m) "Oshawa Roads" mean those portions ofTownline Road described In Schedule A to this Agreement and as depicted in Schedule D to thls Agreement. For the purposes of section 3.01 of this Agreement, Oshawa Roads shall also include any unopened part of Townline Road between Oshawa's southern limit and the northern limit ofOshawa Roads. The approximate total length ofOshawa Roads, excluding any unopened part ofTown!lne Road, ls4.12km.

{n} "Tenn" means the term of this Agreement as specified in section 2.01 of this Agreement

(o) 'Townline Road" Is a boundary line highway that Includes Clarington Roads, Durham Roads and Oshawa Roads.

1.02 All words in this Agreement shall be deemed to Include any number or gender as the context requires.

1.03 This Agreement shall be Interpreted according to the laws of the Province of Ontario.

1.04 Article, section, clause and/or paragraph headings are for reference purposes only and shall not In any way modify or limit the statements contained in the text of this Agreement.

1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation. Without limitation,

(a) "Building Code Act" means the Building Code Act, 1992, 5.0. 1992, c. 23

(b) "Condominium Acf' means the Condominium Act, R.S.O. 1990, c. C.26

{d) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13

Page 3 of7 641 2. TERM

2.01 The tenn of this Agreement shall commence on the date that by-laws ofboth Municipalities authorizing the executlon of this Agreement have been passed C'By-law Date"). The term of this Agreement shall expire on the later of the 5111 anniversary or the By-law Date or may be extended by written agreement ofboth Municipalities to the 10th anniversary ofthe By-law Date, or on the date on which either Municipality has notified lhe other in writing that this Agreement has been tenninated. The Munlcipali1ies acknowledge that this Agreement together with a copy of the by-laws authorizing the execution of this Agreement may be registered In the Land Regist,y Office of Durham (no. 40).

3. MAINTENANCE AND REPAIR

3.01 Oshawa covenants and agrees that It shall:

(a) Maintain and Repair to their full width Oshawa Roads;

(b) indemnify and save harmless Clarington from and against any Claims arising from or in any way related to any alleged failure by Oshawa to Maintain and Repair Oshawa Roads; and

(c) subject to Articles 5 and 6 of this Agreement. not undertake any Construction in respect ofOshawa Roads except with Clarington's prior written consent.

3.02 Clarington covenants and agrees lhat it shall:

(a) Maintain and Repair to their full width Clarington Roads;

(b) indemnify and save harmless Oshawa from and against any Claims arising from or in any way related to any alleged failure by Clarington to Maintain and Repair Clarington Roads;and

(c) subject to Articles 5 and 6 of this Agreement. not undertake any Construction in respect of Clarington Roads except with Oshawa's priorwritten consent.

3.03 Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the cost ofany regravelling. repaving and emulsion resurfacing. bridge maintenance, box culvert restoration and traffic signalization maintenance associated with their respective obligations to Maintain and Repair contemplated by clauses 3.01 (a) and 3.02(a) of this Agreement

3.04 Clarington shall administer access and utility consents to Townline Road from Clarington.

3.05 Oshawa shall administer access and utmty consents to Townllne Road rrom Oshawa.

3.06 Each Municipality shan consult with the other for the purposes of the administration ofaccess pursuant to sections 3.04 and 3.05 ofthis Agreement.

4. STREET LIGHTING

4.01 Oshawa and Clarington shall, subject to each Municipality's budget approval, share equal[y the costs ofoperating and maintainlng a streel lighting system in respect of Clarington Roads, Durham Roads and Oshawa Roads.

Page 4 of 7 642 5. CONSTRUCTION

5.01 Subject to Article 6 of this Agreement and to each Municipality's budget approval, Oshawa and Clarington will contribute equally to Construction Costs related to Construction of Oshawa Roads and Clarington Roads.

6. DEVELOPMENT

6.01 Notwithstanding paragraphs 3.01(c} and 3.02(c) of this Agreement. if Construction relates lo a Development, the Developing-Municipality may undertake or cause or permit to be undertaken such Construction on the following tenns:

(a) The Developing Municipafity shall give to the other Municipality at least eight (8) weeks' written notice prior to the commencement of such Construction.

(b) Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the benefit-to-existing component of the street ligh1ing portion of Construction Costs relating directly to such Construction. The Developing Municipality shall bear the balance of the street lighting portion of Construction Costs relating directly to such Construction. Otherwise, the other Municipaijty shall bear none of the Construction Costs relating directly to such Construction.

(c) The Developing Municipality shall assume responsibility for the section of the road related to a Development, Including the responsibility to Maintain and Repair the same. as set out in this Agreement.

6.02 Nothing In section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair Townline Road pursuant to the tenns of this Agreement.

7. GENERAL

7.01 Any notice to be given under this Agreement shall be in writing and shall be transmitted by facsimile, malled by prepaid first class post, sent by email or delivered:

lo Clarington at

The Corporation of the Municipality of Clarington Attention- Director of Engineering Services 40 Temperance Street Bowmanville, Ontario L1C3A6 Facsimile: 905-623-9282 Email: [email protected]

and to Oshawa at

The Corporation of the City of Oshawa Attention '. Commissioner of Development Services 50 Centre Street South Oshawa, Ontario L1H 3Z7 Facsimile: 905-436-5692 Eman: [email protected]

Page 5of 7 643 Receipt ofnotice shall be deemed on the earlier ofthe date of delivery or five (5) days foBowing the date ofmailing ofthe notice or, ifnotl.ce Is given by way of personal delivery, email or facsimile, it shall be effective on lhe date on which the notice is sent. Eilher Municipality may change its address or number for notice by giving notice of change of address or number pursuant to this section.

7.02 Noiwilhstandlng anything in this Agreemen~ neither Municipality shalt be in default with respect to the performance of any of the tenns ofthis Agreement if any non-performance is due to any force majeure, strike, lock-out. labour dispute. civil commotion, war or similar event, invasion, the exercise of military power, act ofGod, government regulations or controls, inability to obtain any material or seNice, or any cause beyond the reasonable control of the Municipality (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein.

7.03 Toe rights and liabilities of the Municlpalittes shaUenure to the benefit ofand be binding upon the Municipalities and their respective successors and approved assigns.

7.04 Subject to section 7.05 of this Agreement, this Agreement contains the entire agreement between the Municipalities. There is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this Agreernenl This Agreement fully replaces and supersedes any agreement or other contractual arrangement between the Municipalities related to the subject matter of this Agreement. For greater certainty, this Agreement supersedes the Previous Boundary Road Agreement.

7.05 Nothing in this Agreement relieves either Municipality from any outstanding financial obligation to the other in respect of any prior agreemenl orother contractual arrangement between the Municipalities related to the subject matter of this Agreement.

7.06 If any artlcle, section, subsection, paragraph, clause or subclause or any of the words contained in this Agreement shall be held wholly or partially Illegal. invalid or unenforceable by any court of competent jurisdiction, the Municipalities agree that the remainder or this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, nptwithstanding any statute to the contrary.

7.07 No supplement, amendment or waiver of or under this Agreement shall be binding unless executed in writing by the Municipality to be bound thereby. No waiver by a Municipafity of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waivel' unless otherwise expressly provided.

WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers In that behalf.

THE CORPORATION OF THE Cl1Y OF OSHAWA

WITNESS

THE CORPORATION OF THE MUNtCIPALITY OF CLARINGTO

MAYOR els

CLERK C.Anne Greentree,Municipal <:terk

Page 6 of7 644 Schedule "A" ("Oshawa Roads")

Those parts of Townline Road:

(a) from Mclaughlin Bay on lake Ontario northerly to Provincial Highway No. 401, being a distance of approximately 0.18 km;

(b) from the St. Lawrence & Hudson Railway (formerly CPR) northerly to Durham Regional Road 22 {Bloor Street in Clarington), being a distance of approximately 1.15 km;

{c) trom Durham Regional Road 22 (Bloor Street East in Oshawa) northerly to Cherrydown Drive ln Oshawa, being a distance of approximately 0.46 km:

(d) from a point approximately 0.08 km south of Durham Road 59 {Olive Avenue in Oshawa) northerly to Durham Regional Road 59 (Olive Avenue in Oshawa), being a distance of approximately 0.08 km; and

{e) from Durham Regional Road 4 (faunton Road) northerly to Conlin Road East in Oshawa (Concession Road 6 in Clarington) and further northerly approximately 0.19 km to the southerly limit of the unopened part ofTownline Road, being a total distance of approximately 2.25 km.

Schedule "B" ("Clarington Roads'')

Those parts of Townline Road:

(a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa, being a distance of approximately 0.18 km: and

(b) from a point approximately 0.22 km south of Regional Road 3 (Columbus Road East in Oshawa) northerly to Regional Road 3 and further northerly approximately 4.41 km to Concession Road 10 in Clarington. being a total distance of approxtmately 4.63 km.

Schedule "C" ("Durham Roads")

Those parts ofTownline Road:

(a) from Regional Road 22 (Bloor Street in Clarington) northerly to Regional Road 22 (Bloor Street East in Oshawa). being a distance of approximately 0.25 km: and

(b) trom Regional Road 59 (Olive Avenue in Oshawa) , northerly to Regional Road 4 {Taun1on Road), being a distance of approximately 5.15 km.

Page 7 of 7 645 C::Ot.UOOt

I HOWDlll !>Ot, .. i

CITY OF MUNICIPALITY OF OSHAWA CLARINGTON :.. I: ' llWll'IONRDI.

LEGEND

CITYRESPONSIBILITY OF OSHAWA ■----■ MUNICIPAllTY OF ClAAINGTON ...... H. RESPONSIBILITY OURliAM REGION t ■ t ■ I ■ ■ ■ RESPONSl81UTY UNOPENED

SCHEDULE D ;l BOUNDARY ROAD AGREEMENT BETWEEN THE CJTY OF OSHAWA & MUNICIPALITY OF CLARINGTON

646 Item: CNCL-20-83 Attachment 4 BOUNDARY ROAD AGREEMENT

THIS AGREEMENT made in triplicate as of the ___ day of ______, 2019

BETWEEN:

THE CORPORATION OF THE CITY OF OSHAWA (herein referred to as "Oshawa") ~ and ~

THE CORPORATION OF THE TOWN OF WHITBY (herein referred to as "Whitby")

RECITALS:

(a) WHEREAS the Town and the City (collectively herein referred to as the “Municipalities”) are municipalities as defined by the Municipal Act, 2001;

(b) AND WHEREAS the Municipalities have joint jurisdiction over a boundary line highway situated between Oshawa and Whitby;

(c) AND WHEREAS pursuant to section 11 of the Municipal Act, 2001, Whitby and Oshawa may pass by-laws respecting matters within the "highways" sphere of jurisdiction;

(d) AND WHEREAS on ______, 2020, the Town passed By-law XXXX-20 authorizing the Town to enter into this Agreement;

(e) AND WHEREAS pursuant to sections 29 and 29.1 of the Municipal Act, 2001, if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by- law authorizing the agreement may be registered in the land registry office for the area in which the highway is located;

(f) AND WHEREAS by this Agreement, Oshawa and Whitby wish to make provision for all matters relating to the maintenance, repair and construction, and the sharing of costs of such construction of certain parts of the Boundary Road.

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 MUNICIPALITIES HERETO AGREE AS FOLLOWS:

1. INTERPRETATION

1.01 In this Agreement where words appear with their first letter capitalized, the words shall have the meanings set out for them in the lettered paragraphs of this Section. Otherwise, all words used in this Agreement are intended to have the meanings ordinarily ascribed to them in the English language.

(a) "Agreement" means this agreement, including its recitals and any schedules which form an integral part of it, as amended from time to time.

(b) "Boundary Road" is a boundary line highway more particularly defined in Schedule “A” and with a map showing its approximate location attached at Schedule “B”.

(c) "Claims" include any and all claims, actions, causes of action, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest,), economic losses, Page 1 of 8 647 consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this Agreement, loss of life, personal injury (including, in all cases, personal discomfort and illness), and loss of and damage to property.

(d) "Construction" includes reconstruction, gravelling, paving and excavating and includes the installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk, guiderails, topsoil, sod, street trees, street lighting, storm sewers, catchbasins, culverts, bridge construction, traffic signalization, sanitary sewers, watermains and service connections and also similar activities and materials in, under, over, upon, along, above or across the Boundary Road but does not include Maintenance and Repair.

(e) "Construction Costs" means all costs relating to Construction and include costs relating to surveying, designing, drafting, preparation of specifications, requests for proposals, tendering, supervision of construction, accounting, overhead costs, debenturing, interest and financing costs.

(f) "Developing Municipality" means the Municipality in which a Development is proposed or occurs.

(g) "Development" means any work on or to land or buildings, including redevelopment, which requires one of the following actions:

(i) the passing of a zoning by-law, or an amendment to a zoning by-law under section 34 of the Planning Act;

(ii) the approval of a site plan under section 41 of the Planning Act;

(iii) the approval of a minor variance under section 45 of the Planning Act which involves a change in use, intensification of use or expansion of use;

(iv) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies;

(v) the approval of a Plan of Subdivision under section 51 of the Planning Act;

(vi) a consent under section 53 of the Planning Act;

(vii) the approval of a description under subsection 9(2) of the Condominium Act; or,

(viii) the issuing of a permit under the Building Code Act in relation to a building or structure.

(h) "Maintenance and Repair" means activities relating to the maintenance and repair of municipal highways in accordance with and to the standard from time to time prescribed by by-law, policy, and Provincial Legislation, as applicable, of Whitby or Oshawa, as the case may be, including, without limitation, road patrolling, ditching, CSP culvert replacement, box culvert restoration, curb replacement, guiderail repair, pavement marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching, grading and seasonal maintenance, sidewalk replacement, sidewalk maintenance, maintenance of existing road closure gates, manhole and catchbasin repair and cleaning, priming crack sealing, grass and weed cutting, sweeping and flushing, traffic and regulatory sign maintenance, street lighting, winter control measures (including snow plowing, snow removal, snow fencing and de-icing) litter control, tree trimming and removal, traffic signalization maintenance and bridge maintenance.

(i) "Municipality" means Whitby or Oshawa.

(j) "Term" means the term of this Agreement as specified in section 2 of this Agreement.

Page 2 of 8 648 1.02 All words in this Agreement shall be deemed to include any number or gender as the context requires.

1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.

1.04 Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the text of this Agreement.

1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation. Without limitation,

(a) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23;

(b) "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c. 19;

(d) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13.

2. TERM AND TERMINATION

2.01 This Agreement shall commence on [INSERT COMMENCEMENT DATE] (the “Effective Date” and expire on (INSERT DATE AFTER 10 YEARS] for a ten (10) year term (the “Term”), unless terminated earlier by either party in accordance with this Agreement. The parties have the option to extend this Agreement for a further term of ten (10) years, upon mutual written consent of at least ninety (90) days prior to the expiry of the term (the “Extension Term”). The Extension Term shall be on the same terms and conditions contained herein save and except that there shall be no further right of extension.

2.02 The fees payable during the Extension Term shall be mutually agreed upon by the parties prior to the Extension Term. If the parties are unable to agree upon the fees for the Extension Term within ninety (90) day prior to the expiration date of the Term, the Agreement shall expire at the end of the Term.

2.03 This Agreement may be terminated:

(i) by mutual written consent of both Municipalities; or

(ii) upon thirty (30) days prior written notice by either Municipality. The annual fees payable under this Agreement shall be prorated from the effective date of termination.

3. RESPONSIBILITIES OF THE PARTIES

3.01 Payment: Oshawa covenants and agrees that it shall:

(a) Pay to Whitby one-half (1/2) of the estimated annual cost to maintain the Boundary Road. One-half (1/2) of the estimated annual maintenance costs are fixed at $2,600.00 plus HST for 2020 and shall increase on an annual basis in accordance with the Consumers Price Index as provided by Statistics Canada. Whitby shall invoice Oshawa in June of each year and payment is due upon receipt.

(b) The first year of payment for this Agreement shall be for the calendar year of 2020. It is agreed that Oshawa will pay Whitby $2,600.00 plus HST as full payment for its portion of the costs of road maintenance for the year of 2020. This payment shall be due and payable upon approval of this Agreement by both parties.

3.02 Maintenance and Repair: Whitby covenants and agrees that it shall:

Page 3 of 8 649 (a) Maintain and Repair the Boundary Road;

(b) Indemnify and save harmless Oshawa from and against any Claims arising from or in any way related to its obligations pursuant to this Agreement, provided that such Claims are not caused by the negligent acts or omissions of Oshawa, or failure of Oshawa to fulfil its obligations in the Agreement; and,

(c) Subject to Articles 5 and 6 of this Agreement, not undertake any Construction in respect of the Boundary Road except with Oshawa's prior written consent.

3.03 Oshawa and Whitby shall, subject to each Municipality's budget approval, share equally the cost of any works not identified or associated with their respective obligations to Maintain and Repair contemplated by 3.02(a) of this Agreement.

3.04 Whitby shall administer third party access and utility consents to the Boundary Road from Whitby.

3.05 Oshawa shall administer third party access and utility consents to the Boundary Road from Oshawa.

3.06 Each Municipality shall consult with the other for the purposes of the administration of access pursuant to sections 3.04 and 3.05 of this Agreement.

4. STREET LIGHTING

4.01 Oshawa and Whitby shall share equally the costs of providing, maintaining, and upgrading a street lighting system in respect of the Boundary Road.

5. CONSTRUCTION

5.01 Subject to Article 6 of this Agreement, and to each Municipality’s budget approval, the Municipalities will contribute equally to Construction Costs related to Construction of the Boundary Road.

6. DEVELOPMENT

6.01 Notwithstanding paragraph 3.02(c) of this Agreement, if Construction relates to a Development, the Developing Municipality may undertake or cause or permit to be undertaken such Construction on the following terms:

(a) The Developing Municipality shall give to the other Municipality at least eight (8) weeks' written notice prior to the commencement of such Construction; and,

(b) The other Municipality shall bear none of the Construction Costs relating directly to such Construction.

6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair Boundary Road pursuant to the terms of this Agreement.

7. REPORTING

7.01 For the purpose of reporting on assets and/or asset values, the assets within the Right- of-Way of the Boundary Road will be divided as such:

(a) The road including CSP culverts, box culverts, curb, underdrains, guiderail, pavement markings, asphalt, gravel, granular material, storm sewer, manhole and catchbasin, storm sewer devices, traffic signal, and lighting will have its value and/or inventory be divided evenly in half by the Municipalities.

(b) The sidewalks, multi-use paths, and any other off-road active transportation facilities will be entirely accounted for by a single municipality based on whether it is on the west or east side of the road. All facilities on the west side of the road Page 4 of 8 650 will be reported on by Whitby and all facilities on the east side of the road will be reported on by Oshawa

8. GENERAL

8.01 Any notice to be given under this Agreement shall be sufficiently given if delivered or if sent by prepaid first class mail and addressed

to Whitby at: The Corporation of the Town of Whitby Attention: Commissioner of Public Works 575 Rossland Road East Whitby, ON L1N 2M8

and to Oshawa at: The Corporation of the City of Oshawa Attention: Commissioner of Development Services 50 Centre Street South Oshawa, ON L1H 3Z7

Receipt of notice shall be deemed on the earlier of the date of delivery or five (5) days following the date of mailing of the notice. Either Municipality may change its address for notice by giving notice of change of address pursuant to this section.

8.02 Notwithstanding anything in this Agreement, neither Municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non- performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the Municipality (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein.

8.03 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding upon the Municipalities and their respective successors and approved assigns.

8.04 Subject to section 8.05 of this Agreement, this Agreement contains the entire agreement between the Municipalities. There is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this Agreement. This Agreement fully replaces and supersedes any agreement or other contractual arrangement between the Municipalities related to the subject matter of this Agreement.

8.06 If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, the Municipalities agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statute to the contrary.

8.07 No supplement, amendment or waiver of or under this Agreement shall be binding unless executed in writing by the Municipality to be bound thereby. No waiver by a Municipality of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided.

8.08 Registration of Agreement: The Municipalities may register this Agreement together with a copy of the by-laws authorizing the execution of this Agreement on title to the Page 5 of 8 651 respective lands in the land Registry Office of Durham (no. 40). The Municipalities also agree that in the event this Agreement has expired or is terminated, the municipality is responsible for deleting same off title or if applicable, pay reasonable costs to the other municipality for deleting same off title.

IN WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf.

THE CORPORATION OF THE CITY OF OSHAWA

______COMMISSIONER c/s ______CLERK

THE CORPORATION OF THE TOWN OF WHITBY

______Suzanne Beale, Commissioner of Public Works

______Kenneth R. Nix, Commissioner of Corporate Services / Treasurer

Page 6 of 8 652 Schedule "A"

Boundary Road

The Boundary Road includes the roadway:

(a) from Wentworth Street West northerly approximately 517 metres to the termination at the end of the cul-de-sac.

Page 7 of 8 653 Schedule “B”

Boundary Road

Page 8 of 8 654 Item: CNCL-20-83

BOUNDARY ROAD AGREEMENT Attachment 5

THIS AGREEMENT made in triplicate as of the ___ day of ______, 2020

BETWEEN:

THE CORPORATION OF THE CITY OF OSHAWA (herein referred to as "Oshawa") ~ and ~

THE CORPORATION OF THE TOWNSHIP OF SCUGOG (herein referred to as "Scugog")

RECITALS

(a) WHEREAS The Corporation of the Township of Scugog (herein referred to as “Scugog”) and The Corporation of the City of Oshawa (herein referred to as “Oshawa”) are municipalities as defined by the Municipal Act, 2001

(b) WHEREAS Scugog and Oshawa have joint jurisdiction over the certain parts of Coates Road, a boundary line highway situated between Scugog and Oshawa

(c) WHEREAS pursuant to section 11 of the Municipal Act, 2001, Scugog and Oshawa may pass by-laws respecting matters within the "highways" sphere of jurisdiction.

(d) WHEREAS pursuant to sections 29 and 29.1 of the Municipal Act, 2001, if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by- law authorizing the agreement may be registered in the land registry office for the area in which the highway is located.

(e) WHEREAS by agreement dated October 25, 1976 between Scugog and Oshawa, provision was made for the maintenance and repair of that part of Coates Road forming part of the boundary between Scugog and Oshawa.

(f) WHEREAS by agreement dated October 2, 2006 (“Previous Boundary Road Agreement”) Scugog and Oshawa made provision for all matters relating to the maintenance, repair and construction and the sharing of costs of such construction of certain parts of Coates Road.

(g) AND WHEREAS by this Agreement Oshawa and Scugog wish to make provision for all matters relating to the maintenance, repair and construction, and the sharing of costs of such construction of certain parts of Coates Road.

1. INTERPRETATION

(a) "Agreement" means this agreement, including its recitals and any schedules which form an integral part of it, as amended from time to time.

655 Page 1 of 7 (b) "Claims" include any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, and any economic losses, consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this Agreement, loss of life, personal injury (including, in all cases, personal discomfort and illness), and loss of and damage to property.

(c) "Coates Road" is a boundary line highway that includes Scugog Roads (defined in Schedule A) and Oshawa Roads (defined in Schedule B).

(d) "Construction" includes reconstruction, gravelling, paving and excavating and includes the installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk, guiderails, topsoil, sod, street trees, street lighting, storm sewers, catchbasins, culverts, bridge construction, traffic signalization, sanitary sewers, watermains and service connections and also similar activities and materials in, under, over, upon, along, above or across Coates Road but does not include Maintenance and Repair.

(f) "Developing Municipality" means the Municipality in which a Development is proposed or occurs.

(g) "Development" means any work on or to land or buildings, including redevelopment, which requires one of the following actions:

(i) the passing of a zoning by-law, or an amendment to a zoning by-law under section 34 of the Planning Act;

(ii) the approval of a site plan under section 41 of the Planning Act;

(iii) the approval of a minor variance under section 45 of the Planning Act which involves a change in use, intensification of use or expansion of use;

(iv) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies;

(v) the approval of a Plan of Subdivision under section 51 of the Planning Act;

(vi) a consent under section 53 of the Planning Act;

(vii) the approval of a description under subsection 9(2) of the Condominium Act; or

(viii) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure.

(h) "Maintenance and Repair" means activities relating to the maintenance and repair of municipal highways in accordance with and to the standard from time to time prescribed by by-law, policy, and Provincial Legislation, as applicable, of Scugog or Oshawa, as the case may be, including, without limitation, road patrolling, ditching, CSP culvert replacement, box culvert restoration, curb replacement, guiderail repair, pavement marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching, grading and seasonal maintenance, sidewalk replacement, sidewalk maintenance, maintenance of existing road closure gates, manhole and catchbasin repair and cleaning, priming crack sealing, grass and weed cutting, sweeping and flushing, traffic and regulatory sign maintenance, street 656 Page 2 of 7 lighting, winter control measures (including snow plowing, snow removal, snow fencing and de-icing) litter control, tree trimming and removal, traffic signalization maintenance and bridge maintenance.

(i) "Municipality" means Scugog or Oshawa.

(j) "Oshawa" means The Corporation of the City of Oshawa.

(k) "Oshawa Roads" means those portions of Coates Road described in Schedule B as depicted in Schedule C to this Agreement. The approximate total length of Oshawa Roads is 3.13 km.

(l) "Scugog" means The Corporation of the Township of Scugog.

(m) "Scugog Roads" means those portions of Coates Road described in Schedule A as depicted in Schedule C to this Agreement. The approximate total length of Scugog Roads is 1.39 km.

(n) "Term" means the term of this Agreement as specified in section 2 of this Agreement.

1.02 All words in this Agreement shall be deemed to include any number or gender as the context requires.

1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.

1.04 Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the text of this Agreement.

1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation. Without limitation,

(a) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23

(b) "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c. 19

(d) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13

2. TERM AND TERMINATION

This Agreement shall commence on [INSERT COMMENCEMENT DATE] (the “Effective Date”) and expire on (INSERT DATE AFTER 10 YEARS] for a ten (10) year term (the “Term”), unless terminated earlier by either party in accordance with this Agreement. The parties have the option to extend this Agreement for a further term of ten (10) years, upon mutual written consent of at least ninety (90) days prior to the expiry of the term (the “Extension Term”). The Extension Term shall be on the same terms and conditions contained herein save and except that there shall be no further right of extension.

This Agreement may be terminated (i) by mutual written consent of both Municipalities; or (ii) upon thirty (30) days prior written notice by either Municipality.

3. MAINTENANCE AND REPAIR

3.01 Oshawa covenants and agrees that it shall:

(a) Maintain and Repair to their full width Oshawa Roads;

(b) Indemnify and save harmless Scugog from and against any Claims arising from or in any way related to its obligations pursuant to this Agreement, provided that such 657 Page 3 of 7 Claims are not caused by the negligent acts or omissions of Scugog or failure of Scugog to fulfil its obligations in the Agreement; and

(c) Subject to Articles 5 and 6 of this Agreement, not undertake any Construction or approve any Development in respect of Oshawa Roads except with Scugog’s prior written consent.

3.02 Scugog covenants and agrees that it shall:

(a) Maintain and Repair to their full width Scugog Roads;

(b) Indemnify and save harmless Oshawa from and against any Claims arising from or in any way related to its obligations pursuant to this Agreement, provided that such Claims are not caused by the negligent acts or omissions of Oshawa or failure of Oshawa to fulfil its obligations in the Agreement; and

(c) Subject to Articles 5 and 6 of this Agreement, not undertake any Construction or approve any Development in respect of Scugog Roads except with Oshawa's prior written consent.

3.03 Oshawa and Scugog shall, subject to each Municipality's budget approval, share equally the cost of any regravelling, repaving and emulsion resurfacing, bridge maintenance, box culvert restoration and traffic signalization maintenance associated with their respective obligations to Maintain and Repair contemplated by clauses 3.01(a) and 3.02(a) of this Agreement.

3.04 Scugog shall administer third party access and utility consents to Coates Road from Scugog.

3.05 Oshawa shall administer third party access and utility consents to Coates Road from Oshawa.

3.06 Each Municipality shall consult with the other for the purposes of the administration of access pursuant to sections 3.04 and 3.05 of this Agreement.

4. STREET LIGHTING

4.01 Oshawa and Scugog shall share equally, subject to each Municipality’s budget approval the costs of providing and maintaining a street lighting system in respect of Scugog Roads and Oshawa Roads.

5. CONSTRUCTION

5.01 Subject to Article 6 of this Agreement and to each Municipality’s budget approval, Oshawa and Scugog will contribute equally to Construction Costs related to Construction of Oshawa Roads and Scugog Roads.

6. DEVELOPMENT

6.01 Notwithstanding paragraphs 3.01(c) and 3.02(c) of this Agreement, if Construction relates to a Development, the Developing Municipality may undertake or cause or permit to be undertaken such Construction on the following terms:

(a) The Developing Municipality shall give to the other Municipality at least eight (8) weeks' written notice prior to the commencement of such Construction.

(b) The Municipality that is not the Developing Municipality shall bear none of the Construction Costs relating directly to such Construction.

6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair Coates Road pursuant to the terms of this Agreement.

658 Page 4 of 7 7. REPORTING

7.01 For the purpose of reporting on assets and/or asset values the assets within the Right-of- Way of Oshawa Roads and Scugog Roads will be divided as such:

(b) The sidewalks, multi-use paths, and any other off-road active transportation facilities will be entirely accounted for by each Municipality based on whether it is on the north or south side of Coates Road. All facilities on the north side of the road will be reported on by Scugog and all facilities on the south side of Coates Road will be reported on by Oshawa.

8. GENERAL

8.01 Any notice to be given under this Agreement shall be sufficiently given if delivered or if sent by prepaid first class mail and addressed

to Scugog at: The Corporation of the Township of Scugog Attention: Director of Public Works, Parks and Recreation 181 Perry Street, P.O. Box 780, Port Perry, ON L9L 1A7

and to Oshawa at: The Corporation of the City of Oshawa Attention: Commissioner of Development Services 50 Centre Street South Oshawa, ON L1H 3Z7

Receipt of notice shall be deemed on the earlier of the date of delivery or five (5) days following the date of mailing of the notice or, if notice is given by way of personal delivery, email or facsimile, it shall be effective on the date on which the notice is sent. Either Municipality may change its address or number for notice by giving notice of change of address or number pursuant to this section.

8.02 Notwithstanding anything in this Agreement, neither Municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the Municipality (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein.

8.03 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding upon the Municipalities and their respective successors and approved assigns.

8.05 Nothing in this Agreement relieves either Municipality from any outstanding financial obligation to the other in respect of any prior agreement or other contractual arrangement between the Municipalities related to the subject matter of this Agreement. 659 Page 5 of 7 8.06 If any article, section, subsection, paragraph, clause or subclause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, the Municipalities agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statute to the contrary.

8.08 Registration of Agreement: The Municipalities may register this Agreement together with a copy of the by-laws authorizing the execution of this Agreement on title to the respective lands in the land Registry Office of Durham (no. 40). The Municipalities also agree that in the event this Agreement has expired or is terminated, the municipality is responsible for deleting same off title or if applicable, pay reasonable costs to the other municipality for deleting same off title.

IN WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf.

THE CORPORATION OF THE CITY OF OSHAWA

______COMMISSIONER c/s ______CLERK

THE CORPORATION OF THE TOWNSHIP OF SCUGOG

______DIRECTOR c/s ______CLERK

660 Page 6 of 7 Schedule "A" ("Scugog Roads")

Those parts of Coates Road:

(a) from the easterly limit of the intersection with Simcoe Street North easterly approximately 1.39 kilometres to the intersection with Wilson Road North

Schedule "B" ("Oshawa Roads")

Those parts of Coates Road:

(a) from the boundary with the Town of Whitby easterly approximately 3.13 kilometres to the westerly limit of intersection of Simcoe Street North

661 Page 7 of 7

d d R N N e e n lin o w T City of Oshawa Item: DS-20-xxl

Development Services Department

Ha r m o n y y Rd Rd

N N

E E

d d N N o n n R i l W

s R

a R

e t Rd N a Ritson

Schedule C

Unimproved Road Oshawa Roads Scugog Roads

N N

m i S

s Hambly Rd

W W

l g Kilometers 1

0.25 0.5 0 Boundary Road Agreement Boundary Road Between the Township of Scugog Township Between the 662 and City of Oshawa Item: CNCL-20-83 BOUNDARY ROAD AGREEMENT Attachment 6

THIS AGREEMENT made in triplicate as of the ___ day of ______, 2020

BETWEEN:

THE CORPORATION OF THE CITY OF OSHAWA (herein referred to as "Oshawa") ~ and ~

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (herein referred to as "Clarington")

RECITALS

(a) WHEREAS The Corporation of the Municipality of Clarington (herein referred to as “Clarington”) and The Corporation of the City of Oshawa (herein referred to as “Oshawa”) are municipalities as defined by the Municipal Act, 2001.

(b) WHEREAS Clarington and Oshawa have joint jurisdiction over certain parts of Townline Road, a boundary line highway situated between Clarington and Oshawa.

(c) WHEREAS pursuant to section 11 of the Municipal Act, 2001, Clarington and Oshawa may pass by-laws respecting matters within the "highways" sphere of jurisdiction.

(d) WHEREAS pursuant to sections 29 and 29.1 of the Municipal Act, 2001, if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that party, the agreement and a copy of the by-law authorizing the agreement may be registered in the land registry office for the area in which the highway is located.

(e) WHEREAS by agreement dated January 24, 1979 between Oshawa and The Corporation of the Town of Newcastle, provision was made for the reconstruction and sharing of costs relating to such reconstruction of that part of Townline Road between the Canadian Pacific Railway line and Farewell Creek.

(f) WHEREAS by agreement dated October 1, 1982 between Oshawa and The Corporation of the Town of Newcastle, provision was made for the maintenance and repair of that part of Townline Road forming part of the boundary between Oshawa and The Corporation of the Town of Newcastle.

(g) WHEREAS by agreement dated October 25, 2004 (“Previous Boundary Road Agreement”) Oshawa and Clarington made provision for all matters relating to the maintenance, repair and construction and the sharing of costs of such construction of certain parts of Townline Road.

(h) WHEREAS Oshawa and Clarington entered into a Boundary Road Agreement (the “2014 Agreement”) on July 2, 2014.

(i) WHEREAS on June 24, 2019, City Council authorized the Director of Engineering Services to extend the 2014 Agreement for another 5 year term and to amend the agreement to address the need to construct Townline Road North, north of Conlin Road to accommodate development in the Kedron Part II Planning Area and to reflect the realignment of Bloor Street

(j) AND WHEREAS by this Agreement Oshawa and Clarington wish to make provision for all matters relating to the maintenance, repair and construction and the sharing of costs of such construction of certain parts of Townline Road.

Page 1 of 9 663 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 MUNICIPALITIES HERETO AGREE AS FOLLOWS:

1. INTERPRETATION

(a) "Agreement" means this agreement, including its recitals and any schedules which form an integral part of it, as amended from time to time.

(b) "Claims" include any and all claims, actions, causes of action, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, and any economic losses, consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this Agreement, loss of life, personal injury (including, in all cases, personal discomfort and illness), and loss of and damage to property.

(d) "Clarington Roads" mean those portions of Townline Road described in Schedule A to this Agreement and as depicted in Schedule D to this Agreement. For the purposes of Section 3.02 of this Agreement, Clarington Roads shall also include any unopened part of Townline Road between north of Provincial Highway No. 407 and the northern limit of Clarington. The approximate total length of Clarington Roads, excluding any unopened part of Townline Road, is 4.81 km.

(e) “Construction” includes reconstruction, gravelling, paving and excavating and includes the installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk, multi-use trails, cycling facilities, guiderails, topsoil, sod, street trees, street lighting, storm sewers, catchbasins, culverts, bridge construction, traffic signalization, sanitary sewers, watermains and service connections and also similar activities and materials in, under, over, upon, along, above or across Townline Road but does not include Maintenance and Repair.

(f) "Construction Costs" means all costs relating to Construction and include costs relating to surveying, designing, studies including Environmental Assessments, drafting, preparation of specifications, requests for proposals, tendering, supervision of construction, accounting, overhead costs, debenturing, interest and financing costs.

(g) "Developing Municipality" means the Municipality in which a Development is proposed or occurs.

(h) "Development" means any work on or to land or buildings, including redevelopment, which requires one of the following actions:

(i) the passing of a zoning by-law, or an amendment to a zoning by-law under section 34 of the Planning Act;

(ii) the approval of a site plan under section 41 of the Planning Act;

(iii) the approval of a minor variance under section 45 of the Planning Act which involves a change in use, intensification of use or expansion of use;

(iv) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; Page 2 of 9 664 (v) the approval of a Plan of Subdivision under section 51 of the Planning Act;

(vi) a consent under section 53 of the Planning Act;

(vii) the approval of a description under section 9(2) of the Condominium Act; or

(viii) the issuing of a permit under the Building Code Act, 1992, in relation to a building or structure.

(i) "Durham Roads" means those portions of Townline Road described in Schedule C to this Agreement and as depicted in Schedule D to this Agreement. The approximate total length of Durham Roads is 5.40 km.

(j) “Maintenance and Repair” means activities relating to the maintenance and repair of municipal highways in accordance with and to the standard from time to time prescribed by by-law policy, and Provincial legislation as applicable, of Clarington or Oshawa, as the case may be, including, without limitation, road patrolling, ditching, CSP culvert replacement, box culvert restoration, curb replacement, guiderail repair, pavement marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching, grading and seasonal maintenance, sidewalk replacement, sidewalk maintenance, maintenance of existing road closure gates, sewer repair and cleaning, manhole and catchbasin repair and cleaning, priming crack sealing, grass and weed cutting, sweeping and flushing, traffic and regulatory sign maintenance, street lighting winter control measures (including snow plowing, snow removal, snow fencing and de-icing) litter control, tree trimming and removal, traffic signalization maintenance and bridge maintenance.

(k) "Municipality" means Clarington or Oshawa.

(l) "Oshawa" means The Corporation of the City of Oshawa.

(m) "Oshawa Roads" mean those portions of Townline Road described in Schedule B to this Agreement and as depicted in Schedule D to this Agreement. For the purposes of section 3.01 of this Agreement, Oshawa Roads shall also include any unopened part of Townline Road between Oshawa's southern limit and the northern limit of Oshawa Roads. Oshawa Roads will also include the unopened part of Townline between the Northern limit of Oshawa Roads to south of Provincial Highway No. 407. The approximate total length of Oshawa Roads, excluding any unopened part of Townline Road, is 4.12 km.

(n) "Term" means the term of this Agreement as specified in section 2 of this Agreement.

(o) "Townline Road" is a boundary line highway that includes Clarington Roads (defined in Schedule A), Oshawa Roads (defined in Schedule B), and Durham Roads (defined in Schedule C).

1.02 All words in this Agreement shall be deemed to include any number or gender as the context requires.

1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.

1.04 Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the text of this Agreement.

1.05 References to federal or provincial statutes or regulations or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation. Without limitation,

(a) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23

(b) "Condominium Act" means the Condominium Act, R.S.O. 1990, c. C.26

(c) "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25. Page 3 of 9 665 (d) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13

2. TERM AND TERMINATION

This Agreement shall commence on [INSERT COMMENCEMENT DATE] (the “Effective Date” and expire on (INSERT DATE AFTER 10 YEARS] for a ten (10) year term (the “Term”), unless terminated earlier by either party in accordance with this Agreement. The parties have the option to extend this Agreement for a further term of ten (10), upon mutual written consent of at least ninety (90) days prior to the expiry of the term (the “Extension Term”). The Extension Term shall be on the same terms and conditions contained herein save and except that there shall be no further right of extension.

This Agreement may be terminated (i) by mutual written consent of both Municipalities; or (ii) upon six (6) months prior written notice by either Municipality.

3. MAINTENANCE AND REPAIR

3.01 Oshawa covenants and agrees that it shall:

(a) Maintain and Repair to their full width Oshawa Roads;

(b) indemnify and save harmless Clarington from and against any Claims arising from or in any way related to its obligations pursuant to this Agreement, provided that such Claims are not caused by the negligent acts or omissions of Clarington or failure of Clarington to fulfil its obligations in the Agreement Roads; and

(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction or approve any development in respect of Oshawa Roads except with Clarington's prior written consent.

3.02 Clarington covenants and agrees that it shall:

(a) Maintain and Repair to their full width Clarington Roads;

(b) indemnify and save harmless Oshawa from any against any claims arising from or in any way related to its obligations pursuant to this Agreement, provided that such Claims are not caused by the negligent acts or omissions of Oshawa or failure of Oshawa to fulfil its obligations in the Agreement; and

(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction or approve any development in respect of Clarington Roads except with Oshawa's prior written consent.

3.03 Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the cost of any regravelling, repaving and emulsion resurfacing, bridge maintenance, box culvert restoration and traffic signalization maintenance associated with their respective obligations to Maintain and Repair contemplated by clauses 3.01(a) and 3.02(a) of this Agreement.

3.04 Clarington shall administer third party access and utility consents to Townline Road from Clarington.

3.05 Oshawa shall administer third party access and utility consents to Townline Road from Oshawa.

3.06 Each Municipality shall consult with the other for the purposes of the administration of access pursuant to sections 3.04 and 3.05 of this Agreement.

4. STREET LIGHTING AND SIDEWALKS

Page 4 of 9 666 4.01 Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the costs of operating, maintaining, and upgrading a street lighting system in respect of Clarington Roads, Durham Roads, and Oshawa Roads.

4.02 Clarington shall be solely responsible for the maintenance and repair of sidewalks on the east side of the Durham Roads, and Clarington shall indemnify and save harmless Oshawa from and against any Claims arising from or in any way related to the maintenance and repair of sidewalks on the east side of the Durham Roads, provided that such Claims are not caused by the negligent acts or omissions of Oshawa or failure of Oshawa to fulfil its obligations pursuant to this Agreement.

4.03 Oshawa shall be solely responsible for the maintenance and repair of sidewalks on the west side of the Durham Roads, and Oshawa shall indemnify and save harmless Clarington from and against any Claims arising from or in any way related to the maintenance and repair of sidewalks on the west side of the Durham Roads, provided that such Claims are not caused by the negligent acts or omissions of Clarington or failure of Clarington to fulfil its obligations pursuant to this Agreement.

5. CONSTRUCTION

5.01 Subject to Article 6 of this Agreement and to each Municipality’s budget approval, Oshawa and Clarington will contribute equally to Construction Costs related to Construction of Oshawa Roads and Clarington Roads. Oshawa and Clarington will equally split Construction Costs on Durham Roads for assets under the jurisdiction of the Municipality such as streetlights, street lighting, sidewalks, and multi-use paths.

6. DEVELOPMENT

(a) The Developing Municipality shall give to the other Municipality at least eight (8) weeks' written notice prior to the commencement of such Construction. (b) Oshawa and Clarington shall, subject to each Municipality’s budget approval, share equally the benefit-to-existing component of the street lighting portion of Construction Costs relating directly to such Construction. The Developing Municipality shall bear the balance of the street lighting portion of Construction Costs relating directly to such Construction. Otherwise, the Municipality that is not the Developing Municipality shall bear none of the Construction Costs relating directly to such Construction.

6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and Repair Townline Road pursuant to the terms of this Agreement.

7. REPORTING

7.01 For the purpose of reporting on assets and/or asset values the assets within the Right- of-Way of Oshawa Roads, Clarington Roads, and Durham Roads for the components of Durham Roads under the jurisdiction of the Municipality will be divided as such:

a) The road including CSP culverts, box culverts, curb, underdrains, guiderail, pavement markings, asphalt, gravel, granular material, storm sewer, manhole and catchbasin, storm sewer devices, traffic signal, and lighting will have its value and/or inventory be divided evenly in half by each Municipality.

b) The sidewalks, multi-use paths, and any other off-road active transportation facilities will be entirely accounted for by each Municipality based on whether it is on the west or east side of the Townline Road. All facilities on the west side of Townline Road will be reported on by Oshawa and all facilities on the east side of Townline Road will be reported on by Clarington.

Page 5 of 9 667 8. GENERAL

8.01 Any notice to be given under this Agreement shall be sufficiently given if delivered or if sent by email or prepaid first class mail and addressed

to Clarington at:

The Corporation of the Municipality of Clarington Attention: Director of Engineering Services 40 Temperance Street Bowmanville, Ontario L1C 3A6 Email: ______

and to Oshawa at:

The Corporation of the City of Oshawa Attention: Commissioner of Development Services 50 Centre Street South Oshawa, Ontario L1H 3Z7 Email: ______

Receipt of notice shall be deemed on the earlier of the date of delivery or five (5) days following the date of mailing of the notice or, if notice is given by way of personal delivery, email, it shall be effective on the date on which the notice is sent. Either Municipality may change its address or number for notice by giving notice of change of address or number pursuant to this section.

8.02 Notwithstanding anything in this Agreement, neither Municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the Municipality (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein.

8.03 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding upon the Municipalities and their respective successors and approved assigns.

Page 6 of 9 668 8.08 Registration of Agreement: The Municipalities may register this Agreement together with a copy of the by-laws authorizing the execution of this Agreement on title to the respective lands in the land Registry Office of Durham (no. 40). The Municipalities also agree that in the event this Agreement has expired or is terminated, the municipality is responsible for deleting same off title or if applicable, pay reasonable costs to the other municipality for deleting same off title.

Page 7 of 9 669 IN WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the proper signing officers in that behalf.

THE CORPORATION OF THE CITY OF OSHAWA

______COMMISSIONER c/s ______CLERK

THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON

______MAYOR c/s ______CLERK

Page 8 of 9 670 Schedule "A" ("Clarington Roads")

Those parts of Townline Road:

(a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa, being a distance of approximately 0.18 km; and

(b) from a point approximately 0.22 km south of Regional Road 3 (Columbus Road East in Oshawa) northerly to Regional Road 3 and further northerly approximately 4.31 km to Concession Road 10 in Clarington, being a total distance of approximately 4.53 km.

Schedule "B" ("Oshawa Roads")

Those parts of Townline Road:

(a) from McLaughlin Bay on Lake Ontario northerly to Provincial Highway No. 401, being a distance of approximately 0.18 km;

(b) from the St. Lawrence & Hudson Railway (formerly CPR) northerly to Durham Regional Road 22 (Bloor Street in Clarington), being a distance of approximately 1.4 km;

(c) from Durham Regional Road 22 (Bloor Street East in Oshawa) northerly to Cherrydown Drive in Oshawa, being a distance of approximately 0.46 km;

(d) from a point approximately 0.08 km south of Durham Road 59 (Olive Avenue in Oshawa) northerly to Durham Regional Road 59 (Olive Avenue in Oshawa), being a distance of approximately 0.08 km; and

(e) from Durham Regional Road 4 (Taunton Road) northerly to Conlin Road East in Oshawa (Concession Road 6 in Clarington) and further northerly approximately 0.19 km to the southerly limit of the unopened part of Townline Road, being a total distance of approximately 2.25 km.

Schedule "C" ("Durham Roads")

Those parts of Townline Road:

(a) from Regional Road 59 (Olive Avenue in Oshawa), northerly to Regional Road 4 (Taunton Road), being a distance of approximately 5.15 km.

Page 9 of 9 671 N T S E O C IM S

RAGLAN R D W

I SS

WINCHESTER R D W WINCHESTER RD E

E L

D I

CONLIN RD E

N N

TAUNTON RD W N

N O

N N

D I

P W

A E

OR R R

TO I K

N L NN

O R N

S D W

N N

H O

T E E T V ADELAIDE AV

T S OND ST E B K S

KING ST W ING ST E

D ST ST

S S

A A

D D

GIBB ST I

N N L

ON ON

C OLIVE AVE

W N

OR D

H BLOOR ST W BLOOR ST E T

S S I COLONEL SAM DR

N M

EO CO

K E E

T S

A T S P S PHILLIP MURRAY AVE

Boundary Road Agreement Schedule D Between the Municipality of Clarington Oshawa Roads ´ and City of Oshawa Clarington Roads Item: DS-20-xxl Kilometers Unopened Clarington Road City of Oshawa 0 0.5 1 2 Durham672 Roads Development Services Department