Memorandum of UnderstandingMade this 11th day of March, 2004BetweenTHE GOVERNMENT OF CANADA, represented by the Honourable Andy Scott, Minister of State (Infrastructure) for the Minister of the Environment, and Jerry Pickard, Parliamentary Secretary to the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness with special emphasis on Border Transit.THE GOVERNMENT OF ONTARIO, represented by the Honourable Harinder Takhar, Minister of Transportation,ANDTHE CITY OF WINDSOR, represented by His Worship Eddie Francis, Mayor of Windsor.WHEREAS the Governments of Canada, Ontario and Windsor recognize the importance of infrastructure investments at border crossings with the United States;AND WHEREAS the Governments of Canada, Ontario and Windsor recognize that the safe and efficient movement of people and goods through the Windsor Gateway is of great importance to the economies of Canada, Ontario and Windsor; AND WHEREAS the Governments of Canada, Ontario and Windsor recognize that improvements to the transportation infrastructure need to be sensitive to and consider the impacts on the local community;AND WHEREAS the Governments of Canada, Ontario and Windsor appreciate the need for complementary enhancements to Canadian and United States customs and immigration border processes and resources in order to optimize the benefits of investments in transportation infrastructure;AND WHEREAS the Governments of Canada and Ontario have jointly committed up to $300 million to invest in the Windsor Gateway. THEREFORE, Canada, Ontario and Windsor hereby agree to the following course of action:I. INITIAL INVESTMENT IN PROJECTS1. Canada, Ontario and Windsor shall jointly fund improvements to the Windsor-Detroit Tunnel Plaza in order to provide for more effective traffic management, including the implementation of the NEXUS program. Canada and Ontario shall contribute up to $10 million each towards the plaza redevelopment, subject to approval by the Windsor Tunnel Commission and Windsor City Council.2. Canada and Ontario shall jointly fund the construction of a pedestrian overpass of Huron Church Road at Girardot Street at Assumption High School in order to improve the safety and convenience of residents and children in the community. Such funding shall be equally shared between Canada and Ontario.3. Canada and Ontario shall jointly fund the final design and construction of the Walker Road rail grade separation at Grand Marais Road and the completion of an Environmental Assessment for the Howard Road rail grade separation to reduce traffic congestion and support the efficient movement of goods by rail and trucking modes. Such funding shall be equally shared between Canada and Ontario. Canada and Ontario will work with Canadian Pacific Railways to ensure that the grade separations conform to rail service needs and do not disrupt rail traffic. 4. Canada and Ontario shall jointly fund improvements to the Industrial Road/Huron Church Road intersection to support the development of a pre-processing facility on Industrial Road. Such funding shall be equally shared between Canada and Ontario.5. Canada and Ontario shall jointly fund the implementation of intelligent transportation systems along transportation corridors leading to the border crossings in order to maximize the efficient operation of the network. Such funding shall be equally shared between Canada and Ontario. II. AGREEMENT ON ADDITIONAL PROJECTS 1. Canada, Ontario and Windsor agree to meet to develop a Phase 2 agreement on additional projects that will be pursued to improve the efficiency of the Windsor Gateway. Such discussions shall include consideration of, but not be limited to, improvements to Huron Church Road, EC Row Expressway, Lauzon Parkway and other options as they may be presented.2. Canada, Ontario and Windsor will work on a priority basis to finalize the Phase 2 agreement. 3. Canada, Ontario and Windsor agree to appoint one representative each to lead the discussions among the three governments to develop the Phase 2 agreement.4. Windsor will consult and continue to work together with representatives of Essex County as discussions on Phase 2 proceed. III. COMMITMENT TO LONG TERM SOLUTIONS 1. Canada and Ontario agree to work with the governments of the United States and Michigan to expedite, to the extent possible under legislation, the completion of the Bi-National Planning Process. IV. COMMITMENT TO WORK TOGETHER1. Canada, Ontario and Windsor agree to establish a joint steering committee to lead the implementation of the actions identified in Section I, as well as any further agreements between the governments under the terms of Section II. 2. The Steering Committee shall be comprised of two representatives nominated by each of Canada, Ontario and Windsor, as well as two representatives nominated by the County of Essex. Representatives shall not be sitting members of the Parliament of Canada, Ontario Legislature or a municipal council.3. All terms of the Memorandum of Understanding are substantial and significant, and shall be incorporated into future agreements.4. All projects shall comply with all applicable laws and regulations, and be subject to receiving all appropriate authorizations.__________________________________ GOVERNMENT OF CANADA Andy Scott Minister of State (Infrastructure) for the Minister of the Environment __________________________________ GOVERNMENT OF ONTARIO Harinder Takhar Minister of Transportation__________________________________ CITY OF WINDSOR Eddie Francis Mayor