THE REGIONAL MUNICIPALITY OF PEEL 

BY-LAW NUMBER 139-92

A by-law to authorize the execution of an agreement attached hereto as Schedule "A" between the Corporation of the City of Mississauga and The Regional Municipality of Peel for the maintenance of certain portions of Winston Churchill Boulevard.

WHEREAS the Council of the Regional Corporation has by resolution on the 26th November, 1992 authorized the execution of an agreement between The Regional Municipality of Peel and The Regional Municipality of Halton whereby, The Regional Municipality of Peel agrees to maintain and keep in repair those portions of the road forming the boundary between The Regional Municipality of Peel and The Regional Municipality of Halton from June 1, 1992 to May 31, 1997;

AND WHEREAS the Corporation of the City of Mississauga and The Regional Municipality of Peel deem it desirable to enter into an agreement whereby the Corporation of the City of Mississauga would render the services for the maintenance and repair of those portions of Winston Churchill Boulevard between the Lakeshore Road and Dundas Street, pursuant to Section 141 of The Regional Municipalities Act, R.S.O. 1990, Chapter R.8, from June 1, 1992, to May 31, 1997;

NOW THEREFORE the Council of the Regional Corporation enacts as follows: 

That the Solicitor and the Regional Clerk of the Regional Corporation are hereby authorized to execute under the seal of the Regional Corporation the agreement attached hereto as Schedule "A" between the Corporation of the City of Mississauga and The Regional Municipality of Peel for the maintenance and repair of those portions of Winston Churchill Boulevard extending from the northerly limit of King's Highway Number 2 (Lakeshore Road) to the northerly limit of Dundas Street.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 26th November, 1992. 

Regional Clerk, Chairman

THIS AGREEMENT made in duplicate this day of

B E T W E E N:

THE CORPORATION OF THE CITY OF MISSISSAUGA (hereinafter called "Mississauga")

OF THE FIRST PART and

THE REGIONAL MUNICIPALITY OF PEEL (hereinafter called "Peel")

OF THE SECOND PART

WHEREAS by agreement dated the         day of,              ,  between The Regional Municipality of Halton and the Regional Municipality of Peel, Peel has agreed to maintain and keep in repair those portions of the road forming the boundary between The Regional Municipality of Peel and The Regional Municipality of Halton commencing from the first day of June, 1992 , to the thirty-first day of May, 1997.

AND WHEREAS Peel and Mississauga deem it desirable to enter into an agreement whereby Mississauga would render the services for the maintenance and repair of the portion of the boundary road between The Regional Municipalities of Peel and Halton, being those portions of Winston Churchill Boulevard between the Lakeshore Road and Dundas Street, pursuant to Section 141 of The Regional Municipalities Act, R.S.O. 1990, Chapter R.8.

NOW THEREFORE IN CONSIDERATION of the mutual covenants and promises herein contained, the parties hereto agree as follows:

 1. Mississauga hereby covenants and agrees to maintain and keep in repair for its full width in accordance with Region standards that portion of the road, including traffic signing and pavement markings, forming the boundary between The Regional Municipality of Halton and The Regional Municipality of Peel, being those portions of Winston Churchill Boulevard extending from the northerly limit of King's Highway Number 2 (Lakeshore Road) north-westerly for a distance of 5.95 kilometres (3.7 miles) to the northerly limit of Dundas Street.

2. Mississauga hereby covenants and agrees to pay all the costs associated with its duties under Section 1 of this agreement, and Peel hereby covenants and agrees to reimburse Mississauga immediately upon receiving from Mississauga an itemized account, quarterly on the last days of March, June, September and December in each year during the term of this agreement.

3. Mississauga hereby covenants and agrees to fully indemnify and save harmless Peel of and from any and all claims, actions, causes of actions, suits, proceeding, damages, losses, injuries to persons and properties and legal costs arising from the maintenance and repair or the lack of maintenance and repair of the road as described under Section 1, and Peel shall be relieved from all liability in respect of the maintenance and repair thereof provided that if Mississauga should insure against such happenings, Peel shall reimburse Mississauga for any increased costs, if any, of such insurance required.

4. This agreement shall remain in full force for a period of five (5) years, commencing from the first day of June, 1992 to the thirty-first day of May, 1997, or at such time as aforementioned agreement between The Regional Municipality of Halton and The Regional Municipality of Peel is terminated.

5. This agreement may be terminated by either party giving to the other party not less than 60 days of written notice of its intention to do so.

6. Notwithstanding Section 4 and 5, the obligations of Mississauga under Section 3 shall not expire upon termination of this agreement in respect of claims or actions that arise from the maintenance or repair or the lack of the same provided that the cause of actions or claims arise prior to the termination date.

THIS AGREEMENT shall ensure to and be binding on the successors and assigns of each party hereto.

IN WITNESS WHEREOF the Corporate Seals of the Parties hereto are hereunto affixed and attested by the proper signing officers thereof.

THE CORPORATION OF THE CITY OF MISSISSAUGA

Mayor
Authorization By-law

Clerk
Regional Solicitor
Authorization By-law

Regional Clerk