HomeMy WebLinkAboutDTS-09-101 - Agreement - Sidewalks on Regional RoadsJ
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REPORT T0: Development & Technical Services Committee
DATE OF MEETING: June 22, 2009
SUBMITTED BY: Jeff Willmer, Interim General Manager,
Development & Technical Services
PREPARED BY: Jeff Willmer (741-2325)
WARD(S) INVOLVED: ALL
DATE OF REPORT: June 16, 2009
REPORT NO.: DTS-09-101
SUBJECT: AGREEMENT RE: SIDEWALKS ON REGIONAL ROADS IN
KITCHENER
RECOMMENDATION:
THAT the City enter into the Agreement dated January 1 2008, in the form attached to
report DTS-09-101, with the Regional Municipality of Waterloo with respect to the
installation, ownership, maintenance and replacement of sidewalks on Regional roads,
and that the Mayor and Clerk be authorized to sign such agreement subject to the
satisfaction of the City Solicitor.
BACKGROUND:
The Regional Municipality of Waterloo adopted a "Sidewalks on Regional Roads Policy" in June
2007 as an outcome of a working group of Region staff and local municipal staff. The policy
sets out the respective responsibilities of the Region for the capital costs related to installation of
new sidewalks and the local municipalities for the insurance, maintenance and repair of
sidewalks on Regional roads.
The attached agreement is to be entered into between the Region and each of the local
municipalities. The other six local municipalities have now entered into the agreement.
REPORT:
The primary result of the new policy is that effective January 2009 the Region is responsible for
the capital construction cost of new sidewalk on Regional roads. Previously the local
municipalities were responsible for both the capital construction cost and the
maintenance/repair costs. The rationale for the new policy and assignment of responsibilities is
set out in Region staff report E-06-049.1 attached.
It is staff's understanding that the City would have a license to enter onto the Regional road
allowance to carry out its maintenance and repair obligations, and that nothing in the agreement
creates any obligations or liabilities to other local municipalities.
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City and Region staff will clarify whether decisions to install sidewalk on one or both sides of a
road are be made in accordance with the City's sidewalk policy or Regional policy.
FINANCIAL IMPLICATIONS:
As set out in Regional report E-06-049.1 attached.
COMMUNICATIONS:
None required.
CONCLUSION:
It is recommended that the City enter into the attached agreement.
REVIEWED BY:
Fiona McCrea, Assistant City Solicitor (741-2266)
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services
AttarhmPnt~
Regional Report E-06-049.1
Proposed Agreement
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Report: E-06-049.1
REGION OF WATERLOO
TRANSPORTATION AND ENVIRONMENTAL SERVICES
Transportation
TO: Chair Jim Wideman and Members of the Planning and Works Committee
DATE: June 26, 2007
FILE CODE: C04-30, T02-01
SUBJECT: SIDEWALKS ON REGIONAL ROADS
RECOMMENDATION:
THAT the Regional Municipality of Waterloo approve the "Sidewalks on Regional Roads" policy as
noted inreport E-06-049.1 dated June 26, 2007 to become effective January 1, 2009, and authorize
the Commissioner of Transportation and Environmental Services to enter into agreements with the
local municipalities regarding the installation of sidewalks on Regional Roads.
SUMMARY:
A working group comprised of staff from the Region and the seven Local Municipalities met on
several occasions to develop a "Sidewalks on Regional Roads" policy. The working group is
recommending that the Region take over the responsibility for all costs associated with the
construction of new sidewalks on Regional Roads and that the ownership and responsibility for
maintenance and replacement of sidewalks on Regional Roads remain with the Local
Municipalities. Regional Council endorsed this sidewalk policy on November 29, 2006 and
requested that it be circulated to the local municipalities for comment prior to giving final approval of
this policy. Regional staff is now recommending that Regional Council adopt this policy to become
effective January 1, 2009.
REPORT:
The issue of responsibility forsidewalks on Regional Roads has been a topic of discussion by the
Local Municipalities and the Region a numberof times sincethe Region wasformed in 1973. This
issuewas in front of Regional Council in March 1998 when a rationalization of the Regional Road
system was undertaken with respect to roads, sidewalks and street lighting. At that time
Regional Council and the Local Municipalities supported the transfer of various roads between the
Region and the Local Municipalities as well as the transfer of responsibility for Street Lighting on
Regional Roads from the Local Municipalities to the Region. The responsibility for sidewalks
remained with the Local Municipalities as per their request.
Since 1998 this issue has been discussed by both Regional and Local Municipal staff several times
and a working group was formed again to revisit this issue. The working group met several times
and looked at various options as noted below:
Option 1:
Maintain the current practice (i.e. leave the responsibility, both capital and maintenance at
the local municipal level);
Page 1 of 10
4-
June 26, 2007
Report: E-06-049.1
Option 2:
The Region is responsible for all costs associated with sidewalks on Regional Roads
(i.e. new construction, replacement and maintenance); and
Option 3:
The Region is responsible for all costs associated with construction of new sidewalks on
Regional Roads and the ownership and responsibilityfor maintenance and replacement of
sidewalks remains with the Local Municipalities.
The working group recommended that option 3 be adopted by the Region and the
Local Municipalities as the preferred option for the following reasons:
The issue of funding and coordination for new sidewalk installation in conjunction with
Regional Roads projects would not be an issue anymore. Historically the Local Municipalities
have been challenged to coordinate the timing of new sidewalk installation on Regional Roads
projects because of insufficient funding being available as well as other funding priorities;
2. The Region now has the responsibility for transit; however, the responsibility for providing new
sidewalks for pedestrians to access transit on Regional Roads is still at the local level. The
Region has increased its number of transit routes and the Local Municipalities again have
been challenged to provide new sidewalks on Regional Roads for pedestrian accesstotransit
because of other funding priorities. This option would transfer the responsibility for new
sidewalk construction for transit access on Regional Roads to the Region;
3. The Region's Transportation Master Plan and pedestrian charter promote alternative modes
of travel including walking and cycling. The provision of more sidewalks on Regional Roads
will support these modes of travel; and
4. The responsibility for maintenance of the sidewalks on Regional Roads will remain at the local
level and thereforethe standard level of service will be determined by the Local Municipality
and can be set to be consistent across their municipality.
If a revised "Sidewalks on Regional Roads" policy is approved the Region would enter into an
agreement with all the local municipalities which would include the revised principles/guidelines.
The working group developed the following principles/guidelines for a sidewalk policy on
Regional Roads:
"SIDEWALKS ON REGIONAL ROADS POLICY"
• The capital cost of installing new (i.e. initial) sidewalks on Regional Roads will be the
responsibility of the Region (includes any "in-fill" or gap areas);
• The Local Municipality will continue to be responsible for the ownership and
maintenance responsibilities of these sidewalks - as is the case in the present policy;
• There will be no transfer of funds between the Local Municipalities and the Region to
accommodate this policy change;
• As additional sidewalks are installed by the Region on Regional Roads, therewill need
to be a proportional increase by the Local Municipalities in their maintenance budgets;
373398 Page 2 of 10
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June 26, 2007 Report: E-06-049.1
• Multi-Use Trails on Regional Roads:
- Where a new multi-use trail is to be implemented by the Local Municipality, and
there already is anexisting on-road cycling facility or one proposed, then the Region
will not fund any of the multi-use facility, assuming a sidewalk already exists;
- If a sidewalk does not exist, the Region will put the cost of constructing a sidewalk
towards the multi-use trail; and
- The maintenance of multi-use trails will remain the Local Municipalities
responsibility.
• The design standards (e.g. width, depth, etc) for sidewalks on Regional Roads will
generally be the same as used by the Local Municipality on their roads;
• Where a Regional Road passes through a local municipally-owned industrial
subdivision, the Regional Road will be designed and built to Regional standards (i.e.
typically urban cross-section including curb and gutters); and
Sidewalks will be constructed on one or both sides of Regional Roads where the
existing or expected pedestrian activity meets specified warrants. The warrants are
currently being developed.
This policy was endorsed in principle by Regional Council in November 2006 (E-06-049 attached)
and circulated to the local municipalities for comment prior to final adoption of the policy by
Regional Council.
Comments from the Local Municipalities
All seven of the local municipalities have responded supporting the proposed policy, however
several of the municipalities requested that the Region consider an implementation date of
January 1, 2008 instead of January 1, 2009. Comments on this are provided under the financial
implications section of this report. The City of Kitchener also requested that the policy clarify that
"fill in" or gap areas along Regional Roads are included in this policy and this has been done.
CORPORATE STRATEGIC PLAN:
The construction of sidewalks on Regional Roads supports the objective of encouraging model shift
to non-automobile forms of transportation.
FINANCIAL IMPLICATIONS:
The financial impact of possible sidewalk construction on Regional Roads is shown on Table 1. It
should be noted that the length of sidewalks missing on Regional Roads is an estimate based on
the construction of sidewalks on both sides of Regional Roadswherethere issufficient pedestrian
traffic expected in the next 10 years to warrant sidewalks. Generally in the Townships only the
Regional Roads in the TownslVillages would warrant sidewalks.
Table 1:
M
i
i
lit Sidewalks Missing on Regional Roads
un
c
a
p y Len th (metres) Cost to construct
Cambridge 35,000 $4.0 M
Kitchener 50,000 $5.8 M
North Dumfries 5,000 $0.6 M
Waterloo 27,000 $3.1 M
Wellesley 5,000 $0.6 M
Wilmot 6,000 $0.7 M
373398 Page 3 of 10
4-5
June 26, 2007
Report: E-06-049.1
Woolwich 5,000 $0.6 M
Total 133,000 $15.4M
373398 Page 4 of 10
4-
June 26, 2007 Report: E-06-049.1
It is anticipated that if all of the needed sidewalk installations were implemented over the next
10 years funding in the amount of $1,500,000 per year would be needed. However, it is not likely
that this can be achieved from a construction, coordination and funding aspect and a more realistic
expectation isthat newsidewalkswould be constructed in conjunction with adjacent road projects
being undertaken, utility relocation projects and new transit routes being implemented. Based on a
very preliminary review the funding required on this basis would likely be in the amount of
$500,000 per year.
It is proposed to include the construction of new sidewalks on Regional Roads in the
Transportation 10 year Capital Program under the "Capital Expansion Budget" program area and
projects could be shown as line items similar to road projects. It is proposed that the funding for the
sidewalks would come from the Regional Development Charge (RDC) reserve fund and
Road Capital Levy reserve fund (i.e. tax levy). The current RDC by-law does not provide for funding
of sidewalks and staff is recommending that the next time the RDC by-law is reviewed to include the
installation of newsidewalks on Regional Roads. Sincethe RDC by-law is currentlyscheduled for
review in 2009 it is recommended that the implementation of the proposed sidewalk policy be in
2009 and that the local municipalities continue to provide funding in their budgets until this time.
The funding requirements would have an impact on the Transportation RDC rate in the range of a
1% to 5% increase.
If the proposed policy is to be implemented before 2009, and before funding for sidewalks is
approved for inclusion in the RDC By-Law and the Roads Capital Levy, other sources for financing
(i.e. tax levy or debentures) for new sidewalks would need to be considered by Regional Council
during the 2008 budget process.
OTHER DEPARTMENT CONSULTATIONSICONCURRENCE:
The Legal Services Division, Finance Departmentand Transportation Planning Division have been
consulted in the preparation of this report.
ATTACHMENTS:
Appendix A -Report: E-06-049, Sidewalks on Regional Roads
PREPARED BY: John F. Hammer, Director, Transportation
APPROVED BY: Thomas Schmidt, Commissioner of Transportation and Environmental Services
373398 Page 5 of 10
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APPENDIX A
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REGION OF WATERLOO
Report: E-06-049.1
Report: E-06-049
TRANSPORTATION AND ENVIRONMENTAL SERVICES
Transportation
T0: Chair Jim Wideman and Members of the Planning and Works Committee
DATE: November 21, 2006 FILE CODE: C04-30, T02-01
SUBJECT: SIDEWALKS ON REGIONAL ROADS
RECOMMENDATION:
That the Regional Municipality of Waterloo take the following actions with regards to the
"Sidewalks on Regional Roads" policy as noted in report E-06-049 dated November 21, 2006:
a) endorse in principle the policy; and
b) circulate the policy to the local municipalities for comment by February 28, 2007.
SUMMARY:
A working group comprised of staff from the Region and the seven Local Municipalities have met on
several occasions to develop a "Sidewalks on Regional Roads" policy. The working group is
recommending that the Region take over the responsibility for all costs associated with the
construction of new sidewalks on Regional Roads and thatthe responsibility for maintenance and
replacement of sidewalks on Regional Roads remain with the Local Municipalities. Regional staff is
recommending that Regional Council endorse this policy in principle and circulate it to the
Local Municipalities for comment prior to formal adoption.
REPORT:
The issue of responsibility forsidewalks on Regional Roads has been a topic of discussion by the
Local Municipalities and the Region a number of times since the Region was formed in 1973. The
lasttimethis issuewas in frontof Regional Council was in March 1998 when a rationalization ofthe
Regional Road system was undertaken with respect to roads, sidewalks and street lighting. At that
time Regional Council and the Local Municipalitiessupportedthetransferofvarious roads between
the Region and the Local Municipalities as well as the transfer of responsibility for Street Lighting on
Regional Roads from the Local Municipalities to the Region. The responsibility for sidewalks
remained with the Local Municipalities as per their request.
Since 1998 this issue has been discussed by both Regional and Local Municipal staff several times
and a working group was formed again to revisit this issue. The working group has met several
times and looked at various options as noted below:
Option 1:
Maintain the current practice (i.e. leave the responsibility, both capital and maintenance at
the local municipal level);
Page 6 of 10
4-
November 21, 2006
Report: E-06-049
Option 2:
The Region is responsible for all costs associated with sidewalks on Regional Roads
(i.e. new construction, replacement and maintenance); and
Option 3:
The Region is responsible for all costs associated with construction of new sidewalks on
Regional Roads and the responsibility for maintenance and replacement of sidewalks
remains with the Local Municipalities.
The working group is recommending that option 3 be adopted by the Region and the
Local Municipalities as the preferred option for the following reasons:
The issue of funding and coordination for new sidewalk installation in conjunction with
Regional Roads projects would not be an issue anymore. Historically the Local Municipalities
have been challenged to coordinate the timing of new sidewalk installation on Regional Road
projects because of insufficient funding being available as well as other funding priorities;
2. The Region now has the responsibility for transit however the responsibility for providing new
sidewalks for pedestrians to access transit on Regional Roads is still at the local level. The
Region has increased its number of transit routes and the Local Municipalities again have
been challenged to provide new sidewalks on Regional Roads for pedestrian accesstotransit
because of other funding priorities. This option would transfer the responsibility for new
sidewalk construction for transit access on Regional Roads to the Region;
3. The Region's Transportation Master Plan and pedestrian charter promote alternative modes
of travel including walking and cycling. The provision of more sidewalks on Regional Roads
will support these modes of travel; and
4. The responsibility for maintenance of the sidewalks on Regional Roads will remain at the local
level and thereforethe standard level of service will be determined by the Local Municipality
and can be set to be consistent across their municipality.
If a revised "sidewalks on Regional Roads" policy is approved the Region would enter into an
agreement with all the local municipalities which would include the revised principles/guidelines.
The working group developed the following principles/guidelines for a sidewalk policy on
Regional Roads:
"SIDEWALKS ON REGIONAL ROADS POLICY"
• The capital cost of installing new (i.e. initial) sidewalks on Regional Roads will be the
responsibility of the Region;
• The Local Municipality will continue to be responsible for the ownership and
maintenance responsibilities of these sidewalks -as is the case in the present policy;
• There will be no transfer of funds between the Local Municipalities and the Region to
accommodate this policy change;
• As additional sidewalks are installed by the Region on Regional Roads, therewill need
to be a proportional increase by the Local Municipalities in their maintenance budgets;
• Multi-Use Trails on Regional Roads:
269655 Page 7 of 10
4-
November 21, 2006 Report: E-06-049
- Where a new multi-use trail is requested by the Local Municipality, and there already
is an existing on-road cycling facility or one proposed, then the Region will not fund
any of the multi-use facility, assuming a sidewalk already exists;
- If a sidewalk does not exist, the Region will put the cost of constructing a sidewalk
towards the multi-use trail; and
- The maintenance of multi-use trails will remain the Local Municipalities
responsibility.
• The design standards (e.g. width, depth, etc) for sidewalks on Regional Roads will
generally be the same as used by the Local Municipality on their roads;
• Where a Regional Road passes through a local municipally-owned industrial
subdivision, the Regional Road will be designed and built to Regional standards (i.e.
typically urban cross-section including curb and gutters); and
Sidewalks will be constructed on one or both sides of Regional Roads where the
existing or expected pedestrian activity meets specified warrants. The warrants are
currently being developed.
Comments from the Local Municipalities
Staff from the seven Local Municipalities were part of the working group and support the proposed
Sidewalks on Regional Roads policy. Cambridge and Waterloo Councils have already been
presented this draft policy by their staff and have supported it.
Next Steps:
- Regional Council endorses draft policy in principle on November 29, 2006;
- Draft policy sent to the seven Local Municipalities for comment by February 28, 2007;
- Staff will revise/review the policy based on comments received and prepare a report to
Regional Planning and Works Committee by June 30, 2007; and
- Implementation of Policy on January 1, 2009.
CORPORATE STRATEGIC PLAN:
The construction of sidewalks on Regional Roads supports the objective of encouraging model shift
to non-automobile forms of transportation.
FINANCIAL IMPLICATIONS:
The financial impact of possible sidewalk construction on Regional Roads is shown on Table 1. It
should be noted that the length of sidewalks missing on Regional Roads is an estimate based on
the construction of sidewalks on both sides of Regional Roadswherethere issufficient pedestrian
traffic expected in the next 10 years to warrant sidewalks. Generally in the Townships only the
Regional Roads in the Towns/Villages would warrant sidewalks.
M
i
i
lit Sidewalks Missing on Regional Roads
un
c
a
p y Length (metres) Cost to construct
Cambridge 35,000 $4.0 M
Kitchener 50,000 $5.8 M
North Dumfries 5,000 $0.6 M
Waterloo 27,000 $3.1 M
Wellesley 5,000 $0.6 M
Wilmot 6,000 $0.7 M
Woolwich 5,000 $0.6 M
269655 Page 8 of 10
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November 21, 2006
Report: E-06-049
Total 133,000 $15.4M
269655 Page 9 of 10
4-11
November 21, 2006 Report: E-06-049
It is proposed to include the construction of new sidewalks on Regional Roads in the
Transportation Capital Program and Ten year forecast under the "Capital Expansion Budget"
program area and projects could be shown as line items similar to road projects. It is proposed that
the funding forthe sidewalkswould come from the Regional Development Charge RDC} reserve
fund and Road Capital Levy reserve fund. The current RDC by-law does not provide for funding of
sidewalks, however it is proposed that the next time the RDC by-law is reviewed to include the
installation of newsidewalks on Regional Roads. The RDC by-law is currently scheduled for review
in 2009. It is anticipated that if all of the needed sidewalk installations were implemented over the
next ten years funding in the amount of $1,500,000 per year would be needed. However it is not
likely that this can be achieved from a construction, coordination and funding aspect and a more
realistic expectation is that new sidewalks would be constructed in conjunction with adjacent road
projects being undertaken, utility relocation projects and new transit routes being implemented.
Based on a very preliminary review the funding required on this basis would likely be in the amount
of $500,000 per year. Staff will be undertaking a more detailed review of the sidewalk needs over
the upcoming months and when the final report is presented in 2007 a more accurate estimate will
be provided at that time. The funding requirements would have an impact on the Transportation
RDC rate in the range of a 1 % to 5% increase. The local municipalities have been advised that
until a final decision and implementation is made on this issue they should continue to provide
funding in their budgets until at least 2009 for sidewalks on Regional Roads.
OTHER DEPARTMENT CONSULTATIONSICONCURRENCE:
The Legal Services Division, Finance Departmentand Transportation Planning Division have been
consulted in the preparation of this report.
ATTACHMENTS:
NIL
PREPARED BY: John F. Hammer, Director, Transportation
APPROVED BY: Thomas Schmidt, Commissioner of Transportation and Environmental Services
269655 Page 10 of 10
4-12
THI S AGREEMENT made this 1st day of January, 2008.
BETWEEN:
THE REGIONAL MUNICIPALITY OF WATERLOO
hereinafter called the "Region" OF THE FIRST PART
And
THE CORPORATION OF THE CITY OF KITCHENER
THE CORPORATION OF THE CITY OF WATERLOO
THE CORPORATION OF THE CITY OF CAMBRIDGE
THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
THE CORPORATION OF THE TOWNSHIP OF WELLESLEY
THE CORPORATION OF THE TOWNSHIP OF WILMOT
THE CORPORATION OF THE TOWNSHIP OF WOOLWICH
hereinafter collectively called the "Local Municipalities" or "Local Municipality"
singularly OF THE SECOND PART
WHEREAS the Sidewalks on Regional Roads Policy dated June 26, 2007,
provides for the respective responsibilities of the Region and the Local
Municipalities with respect to the installation, ownership, maintenance and
replacement of sidewalks on Regional roads (the "Regional Sidewalk Policy");
AND WHEREAS Regional Council approved the Regional Sidewalk Policy on July 4,
2007, to become effective on January 1, 2008, and authorized the Commissioner of
Transportation and Environmental Services to enter into agreements with the Local
Municipalities regarding the installation, ownership, maintenance and replacement
of sidewalks on Regional roads;
AND WHEREAS section 20 of the Municipal Act, 5.0. 2001, c.25 provides that a
municipality may enter into an agreement with one or more other municipalities to
jointly provide, for their joint benefit, any matter which all of them have the power to
provide within their own boundaries;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of
the mutual covenants and agreements herein and subject to the terms and conditions set
out in this agreement, the parties agree as follows:
1. All sidewalks subject to this Agreement will at all times remain under the
ownership of the Local Municipalities.
423119 1
June 17, 2009
4-13
2. The Region will be solely responsible for all capital costs related to the
installation of new sidewalks on Regional roads, including, but not limited to,
any in-fill or gap areas.
3. The Local Municipalities will be responsible to insure, maintain and repair all
such sidewalks at their sole expense.
4. In the event that a new multi-use trail is to be implemented by a Local
Municipality on a Regional road, if:
(i) a sidewalk already exists and an on-road cycling facility already exists, or
one is proposed, the Region will not fund any portion of the multi-use trail;
or
(ii) a sidewalk does not already exist, the Region will fund the multi-use trail in
an amount equal only to the cost of installing a sidewalk at the trail location,
such cost to be reasonably determined and agreed upon in writing by the parties
hereto, failing which the reasonable estimate by the Region of such cost shall
prevail; provided, however, that in any event, the Local Municipality will be
responsible for all maintenance of such multi-use trail at its sole expense.
5. The design standard for new sidewalks on Regional roads, including but not
limited to, width and depth will, where practical, be the same as the standards
used by Local Municipalities on their roads.
6. The Region will install sidewalks on either one or both sides of Regional roads
located in City urban or Township settlement areas.
7. New sidewalks will be installed on a priority basis as determined by the Region
in consultation with the Local Municipalities.
8. There will be no transfer of funds as between the Region and the Local
Municipalities to accommodate implementation of the Regional Sidewalk
Po icy.
9. The Local Municipalities will be responsible for ensuring proportional increases
in their respective maintenance budgets as required as a result of the installation
of new sidewalks by the Region pursuant to this Agreement.
10. All costs required to be paid in accordance with this Agreement shall be paid by
the required party within a reasonable period of time.
12. The term of this Agreement shall be effective commencing on the 1St day of
January, 2008 and shall remain in effect until the 31st day of December, 2017 (the
"Term"). This Agreement shall automatically renew annually each year thereafter
upon the same terms and conditions herein contained unless terminated by either
party.
13 . Either party may terminate this Agreement by giving one (1) year written notice
to the other party of such termination. The obligation of the Local
Municipalities to pay amounts owing to the Region, and the obligation of the
Region to pay amounts owing to Local Municipalities under this Agreement
shall survive termination of this Agreement.
423119 2
June 17, 2009
4-14
14. Notice by either party shall be served by registered mail, facsimile transmission
("fax") or courier, postage or delivery charges prepaid, addressed, in the case of
a Local Municipality, to
THE CORPORATION OF THE CITY OF KITCHENER
Attention: Grant Murphy, Director of Engineering
200 King Street West, PO Box 1118
Kitchener, ON N2G 4G7
Fax: (519) 741-2747
THE CORPORATION OF THE CITY OF WATERLOO
Attention: Tim Anderson, P.Eng.
City of Waterloo, General Manager of Public Works Services
265 Lexington Ct,
Waterloo, Ontario, N2J 4A8
Fax 519-886-5788
THE CORPORATION OF THE CITY OF CAMBRIDGE
Attention: Cathy Robertson, P.Eng., PTOE
Director of Engineering Services
Transportation & Public Works Department
73 Water Street North, 3rd Floor
P.O. Box 669
Cambridge, ON N 1 R 5 W8
Fax: (519) 622-6184
THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
Attention: Rodger Mordue
Acting Administrator-Clerk-Treasurer
R.R. #4,
Cambridge, ON N 1 R 5 SS
Fax: 519-623-7641
THE CORPORATION OF THE TOWNSHIP OF WELLESLEY
Attention: Mr. Willis McLaughlin
Director of Public Works and Environment
4639 Lobsinger Line RRl
St. Clements ON NOB 2M0
Fax: 519-699-4540
THE CORPORATION OF THE TOWNSHIP OF WILMOT
Attention: Mr. Gary Charbonneau, CET
Director of Public Works
60 Snyder's Road West
Baden ON N3A lAl
Fax: 519-634-5044
423119 3
June 17, 2009
4-15
THE CORPORATION OF THE TOWNSHIP OF WOOLWICH
Attention: Mr. Dan Kennaley
Director of Engineering and Planning
Box 158, 69 Arthur St. South
Elmira ON N3B 2Z6
Fax: 519-669-1820
And in the case of the Region, to
The Regional Municipality of Waterloo
150 Frederick Street
Kitchener, ON N2G 4J3
Attention: John Hammer, Director, Transportation
Fax: (519) 575-4453
And all such notices by mail shall be deemed to have been received by the
addressee on the third business day following mailing or if by fax or courier, on
the day of delivery or transmission unless delivered or transmitted on a weekend
or holiday, in which case it shall be deemed to have been received on the next
usiness ay.
15. Notwithstanding any other provisions herein contained, the funding obligations of
the Region as specified in this Agreement are conditional upon the availability of
Regional funding and upon compliance by the Local Municipalities with the
terms and conditions of this Agreement. The Local Municipalities acknowledge
and agree that the timing of any specific project related to the installation of new
sidewalks on Regional roads may need to change in order to coordinate with the
Regional funding available.
16. The Region, both during and after the term of the Agreement, shall release,
indemnify, defend and hold harmless each Local Municipality, its elected
officials, officers, employees, volunteers, agents, contractors and their respective
heirs, administrators, executors, successors and assigns from any and all losses,
damages (including, but not limited to, incidental, indirect, special and
consequential damages, or any loss of use, revenue or profit by any person,
organization or entity), fines, penalties and surcharges, liabilities (including, but
not limited to, any and all liability for damages to property and injury to persons,
including death), judgments, claims, demands, causes of action, contracts, suits,
actions or other proceedings of any kind (including, but not limited to,
proceedings of a criminal, administrative or quasi-criminal nature) and expenses
(including, but not limited to, legal fees on a substantial indemnity basis) which
the indemnified persons or person may suffer or incur, howsoever caused, arising
out of or in connection with, in any way related to, or as a result of acts or
omissions, whether negligent or otherwise, of the Region, its officers, employees,
contractors, agents and permitted successors and assigns in regard to the services
required by or to be carried out under this Agreement.
423119 4
June 17, 2009
4-16
17. Each Local Municipality, both during and after the term of the Agreement, shall
release, indemnify, defend and hold harmless the Region, its elected officials,
officers, employees, agents, contractors and their respective heirs, administrators,
executors, successors and assigns from any and all losses, damages (including, but
not limited to, incidental, indirect, special and consequential damages, or any loss
of use, revenue or profit by any person, organization or entity), fines, penalties
and surcharges, liabilities (including, but not limited to, any and all liability for
damages to property and injury to persons, including death), judgments, claims,
demands, causes of action, contracts, suits, actions or other proceedings of any
kind (including, but not limited to, proceedings of a criminal, administrative or
quasi-criminal nature) and expenses (including, but not limited to, legal fees on a
substantial indemnity basis) which the indemnified persons or person may suffer
or incur, howsoever caused, arising out of or in connection with, in any way
related to, or as a result of acts or omissions, whether negligent or otherwise, of
the Local Municipality, its officers, employees, contractors, agents and permitted
successors and assigns in regard to the services required by or to be carried out
under this Agreement.
18. This Agreement may be signed in counterpart and shall bind a Local Municipality
as of the date it is signed by an authorized representative of the Local
Municipality.
19. This Agreement shall enure to the benefit of and be binding upon the respective
successors and assigns of the parties.
20. This Agreement embodies the entire agreement of the parties with regard to the
matters dealt with herein, and no understandings or agreements, verbal, collateral
or otherwise, exist between the parties except as herein expressly set out.
21. Unless otherwise provided, this Agreement may be amended only by written
agreement between the parties.
22. This Agreement shall be construed and enforce in accordance with, and the rights
of the parties shall be governed by, the laws of the Province of Ontario.
IN WITNESS WHEREOF the parties have affixed their respective corporate seals,
attested by the hands of their respective officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
THE REGIONAL MUNICIPALITY OF
WATERLOO
Commissioner of Transportation and
Environmental Services (or Designate)
I have authority to bind the Corporation.
423119 5
June 17, 2009
4-17
THE CORPORATION OF THE CITY OF
KITCHENER
423119
June 17, 2009
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
THE CORPORATION OF THE CITY OF
WATERLOO
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
THE CORPORATION OF THE CITY OF
CAMBRIDGE
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF
NORTH DUMFRIES
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
6
4-18
THE CORPORATION OF THE TOWNSHIP OF
WELLESLEY
423119
June 17, 2009
Per:
------------------------
Per:
------------------------
I/VUe have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF
WILMOT
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF
WOOLWICH
Per:
------------------------
Per:
------------------------
I/We have authority to bind the Corporation
4-19