3994 Schedule A - Trans Canada Trail AgreementTRANS CANADA TRAIL AGREEMENT
BETWEEN:
The Corporation of the Town of Tillson burg
(the Town)
OF THE FIRST PART
-and-
County of Oxford
(the County)
OF THE SECOND PART
WHEREAS the Town and the County wish to enter into an agreement establishing the roles
and responsibilities for the construction and operation of a section of the Trans Canada
Trail (TCT), as described in this Agreement.
AND WHEREAS the parties agree that the intent of this Agreement is to enter into an
agreement to construct and operate a section of the TCT from the existing TCT owned by
the Town of Tillsonburg, easterly through the Townships of South-West Oxford and Norwich
to Base Line Road, primarily on the abandoned Canada Southern (CASO) rail line owned
by the County with some on-road sections, as shown on Schedule "A" attached hereto
(hereinafter, the "Oxfordffillsonburg TCT Segment").
AND WHEREAS the parties agree that the County Public Works Report PW 2015-53 dated
September 23, 2015 and the Town of Tillsonburg Report RCP 15-36 dated September 28,
2015 were adopted by the respective Councils directing staff to negotiate this Agreement.
AND WHEREAS the parties agree to work together to maximize the in-kind contributions
and donations from third parties for this project, with the goal of reducing the Town and
County costs for constructing and operating the Oxfordffillsonburg TCT Segment.
NOW THEREFORE this Agreement witnesses that in consideration of the mutual
covenants and agreements herein and other good and valuable consideration, of which the
parties hereby confirm the sufficiency, the parties hereto agree as follows:
Background
1. Definitions
1. 1 . Capital Cost
All costs to develop and construct the Oxfordffillsonburg TCT Segment, including,
but not limited to, design, gates and fencing, signage, grading and surface
construction, parking ar~as, clearing and brushing, and ramps or other amenities
that may be required pursuant to the Accessibility for Ontarians with Disabilities Act
(AODA) shall be chnsidered capital costs. Design and construction of culverts and
bridges shall not be considered capital costs and will be the sole responsibility of
the County.
1.2. Operational Costs
All costs to oversee, patrol and maintain the as built Oxfordffillsonburg TCT
Segment, including, but not limited to, maintenance and repair of the trail surface,
fences and gates, signage, and parking areas, and clearing, brushing, and garbage
removal shall be considered operational costs.
Maintenance and repair of culverts and bridges shall not be considered operational
costs and shall be the sole responsibility of the County.
1.3. Trail Usage
The OxtordfTillsonburg TCT Segment is to be a "Multi-use Recreational Trail" and
the uses shall include walking, hiking, running, cycling , horseback riding, snow
shoeing and cross country skiing.
Use by snowmobiles will be subject to County approval and agreement with the
local snowmobile club regarding maintenance and insurance. This activity will not be
subject to any operational or patrol oversight by the Town. Otherwise, no motorized
vehicles will be allowed on the OxfordfTillsonburg TCT Segment except for
maintenance and emergency operations.
General Terms
2. The Capital Cost estimated for this project is $870,000.00. Any increase in this budget
shall be approved by Resolution of both respective Municipal Councils. Capital Cost
sharing under this Agreement will cease once the parties agree that the
OxtordfTillsonburg TCT Segment is constructed.
3. The cost sharing for the Capital Costs of the Oxtord!Tillsonburg TCT Segment is:
Grant for Trans Canada Trail
Grant for Pan Am I Parapan Am Games Legacy Fund
County Contribution (85% of remaining costs)
Town Contribution (15% of remaining costs)
$310,000
$250,000
$263,500
$46,500
4. The cost sharing for the Operational Costs of the OxfordfTillsonburg TCT Segment shall
be allocated with fifty (50) percent paid by the County and fifty (50) percent paid by the
Town.
5. Donations in-kind by third-parties, covering either capital or operational costs, shall be
allocated between the Town and County as per the above cost sharing ratios, (85%
County I 15% Town for Capital Costs and 50%/50% for Operational Costs).
6. In-kind work by either the County or Town agreed to by the parties, related to either
construction or operation of the OxtordfTillsonburg TCT Segment, shall be part of the
respective municipal contribution.
7. Lands for Construction of the OxtordfTillsonburg TCT Segment
Where the OxfordfTillsonburg TCT Segment pursuant to this Agreement is not located
on a municipal highway, it shall be constructed on the abandoned CASO rail line. This
land is owned by the County of Oxford.
8. Term of the Agreement
The Term of the Agreement shall be ten (10) years commencing on January 1, 2016
and ending on December 31 , 2025. After December 31, 2025 and subject to the parties
renegotiating the Agreement, the Agreement will automatically extend for one year at a
time unless either of the parties gives six (6) months termination notice in accordance
with Section 6 below.
9. Termination of the Agreement
The Agreement cannot be terminated for five (5) years or until the completion of
construction as agreed to by the parties. After five (5) years, either party may terminate
the Agreement by giving written notice at least six (6) months prior to the end of the
calendar year terminating the Agreement on January 1st of the following calendar year.
10. The Town covenants and agrees:
10.1. To work with the County to produce a work plan to construct the
OxfordfTillsonburg TCT Segment, which work plan shall be based on the
construction of the proposed trail route as shown on Schedule "A", unless this
trail route is amended in accordance with section 12.1 below.
10.2. To pay their share of the Capital Costs to the County.
10.3. To patrol the OxfordfTillsonburg TCT Segment as part of their overall Town Trail
Program and perform the routine and yearly maintenance.
10.4. To provide the County with the estimated annual Operational Costs of this work
by September 151 each year, for the following year (hereinafter the "Annual
Estimate").
10.5. To provide the County with an annual invoice (including appropriate supporting
documents) for fifty (50) percent of the actual Operational Costs by December
15. Any actual Operational Costs in excess of fifty (50) percent of the Annual
Estimate shall be requested, with rationale, in writing by the Town to the
County, and payment shall be subject to County approval.
11. The County covenants and agrees:
11 . 1. To work with the Town to: ( 1) produce a work plan to construct the
OxfordfTillsonburg TCT Segment, which work plan shall be based on the
construction of the proposed trail route as shown on Schedule "A", unless this
trail route is amended in accordance with section 12.1 below; and (2) to finance
the initial construction costs attributed to the Town.
11 .2. To enter. into an agreement with the Trans Canada Trail Foundation for the
grant funding of this project.
11.3. To undertake bridge and culvert operations and maintenance as part of the
County program.
11.4. To pay fifty (50) percent of the actual Operational Costs undertaken by the
Town for the OxfordfTillsonburg TCT Segment within 30 days of receipt of the
invoice and a'ppropriate supporting documentation, provided that the actual
Operational Costs are not more than the Annual Estimate. Payment of
Operational Costs in excess of fifty (50) percent of the Annual Estimate shall be
considered by the County in accordance with section 10.5 above.
12. The County and the Town covenant and agree:
12.1. The proposed trail route as shown on Schedule "A" can only be amended by
resolutions of both the Town and County Councils.
12.2. To indemnify and hold harmless each other, and their respective officers,
directors, agents, employees and Councillors from and against any and all
claims, damages, losses, expenses or other proceedings by whomsoever
made, directly or indirectly arising out of this Agreement.
12.3. To obtain and keep in force, at its own expense, during the term of this
Agreement, general liability insurance on an occurrence basis for third party
bodily injury, personal injury and property damage to an inclusive limit of not
less than $5 million per occurrence, written by an insurer licensed to conduct
business in the Province of Ontario, and including the following:
a) Naming the other party as additional insured with respect to liabilities arising in
connection with this Agreement;
b) Cross liability and severability of interest clauses;
c) Contractual liability, both oral and written; and
d) Thirty (30) days notice of cancellation, termination or material change.
Severability
13. In the case where one or more of the covenants, terms and provisions contained in this
Agreement shall be held invalid, illegal or unenforceable in any regard, the validity of
the remaining covenants, terms and provisions contained herein shall in no way be
affected, prejudiced or disturbed and the remaining covenants, terms and provisions
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed
under seal on the 1Oth day of February 2016.
~----
Donna Wilson
Clerk
M. Crockett. P.Eng.
Ch' f Administrative Officer
~!10£Rf.HN l \ ~
! , ~~ ~,..
"'' .!·1 -1 POHl-RS-11.0 Pt»J(~~D
, .. ~· ·~._II
' ' V' I "PliCA
NORFOLK COUNTY
Schedule A
Oxford/Tillsonburg TCT Segment
1:45,000
4,500 ----c:::======--------Meters
2,250 0 1 '125
00CU11ENT P.t.TH" X \WORK IN PROGRESS\VANDE5tHHOEN\0XFORO•TILlSONBURG TCT SEOI'IENT 2015 MXO
CO UNTY
N +
~·
P<il4i~"U>@
. k.
I
I I
~ -,
-l
l .... i.. .. '..,
Legend
OXFORD/TILLSONBURG TCT SEGMENT
On Road Trail
Off Road Trail
••••• Existing Trans Canada Trail
-On Road Trail Norfolk
. ,, \
~·~rdCountY._ ~~~owing stronger. .. together