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HomeMy WebLinkAboutBRU 95 027 agree ont hydro 'l'IIE CORPORA'fIOR OP 'l'HE 'l'OWRSHIP OP BRUCE BY-LAW 110. 95-27 BEING A BY-LAW to authorize the entering into an agreement between the Corporation of the Township of Bruce and Ontario Hydro for the assessment and monitoring of impact by the Bruce Nuclear Power Development and the provision of financial assistance resulting therefrom. WHEREAS the Corporation and Ontario Hydro have entered into previous agreements from time to time regarding the matters referred to above. AND WHEREAS it is desirous to enter into a new agreement to consolidate and reflect all current agreements between the Corporation and Ontario Hydro and to provide for future impacts of the Bruce Nuclear Power Development on the Corporation. NOW 'l'HEREPORE the Council of the Corporation of the Township of Bruce enacts as follows: 1. That the Corporation do enter into the agreement with Ontario Hydro which forms part of this by-law and a copy of which is hereto annexed. 2. That the Reeve and cl erk of the Corporation are hereby authorized to execute the said agreement on behalf of the Corporation by their signatures and the affixing of the Corporate Seal of the Corporation thereto and to deliver the agreement so executed to Ontario Hydro. 3. This by-law shall come into force and be effective upon its final passage by the Council of the Township of Bruce and upon receipt by the Township of Bruce of one counterpart of the said agreement duly executed by Ontario Hydro. By-law introduced and read a First time this FOURTH day of JULY, 1995. By-law read a Second time this POURTH day of JULY, 1995. By-law read a Third time and finally passed, signed, sealed, and numbered 95-27 this POUR'l'H day of JULY, 1995. -<-~::_:-:~"-~~J9 / . I.".' .'. '/,,,, -~,;.:..;.....~~ - / ~ "- '.'..' CLERK 1¡,~ ÆA REEVE -,,/- ~- .....- ..~~:----- - - 'it:.' - -"."" ..~.- -'~ .71" ., OF THE SECOND PART ~ -. , TIllS AGREEMENT made in duplicate this 28th day of June, 1995, but effective the 1st day ofJanuary, 1995. BETWEEN: ONTARIO HYDRO OF THE FIRST PART -and" THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called "The Corporation") WHEREAS Ontario Hydro operates or may operate nuclear generating stations, heavy water plants, bulk steam supply systems and support facilities and may wish to construct additional facilities ftom time to time at the Bruce Nuclear Power Development (BNPD), in the Township of Bruce, in the County of Bruce. WHEREAS Ontario Hydro does not intend that the Corporation incur financial hardship as a result of the presence of the Bruce Nuclear Power Development and other Ontario Hydro facilities. WHEREAS because of the amount of assessment attributable to the Bruce Nuclear Power Development Site, the 50 percent limitation specified in Section 52(6) of The Power Corporation Act, R.S.O. 1990, as amended has applied since 1974 and is expected to continue. WHEREAS Ontario Hydro is prepared to purchase and retain ownership of all properties within the 1-2 mile zone. WHEREAS properties within the 2-5 mile zone will be treated according to policy adopted by Ontario Hydro from time to time. WHEREAS the Corporation suffers a loss in assessment and revenue consequent on the purchase of these lands in the 1-2 and the 2-5 mile zone. WHEREAS Ontario Hydro wishes to ensure the safe transport ofBNPD employees during winter storm conditions. WHEREAS industrial development may occur within the boundaries of the BNPD and necessitating the development of other facilities such as roads and utilities. WHEREAS the County of Bruce wishes to prepare planning instruments to review and regulate changes associated with this potential industrial growth in the Corporation. WHEREAS the Corporation wishes to participate in a significant way in the preparation of such planning instruments, including an industrial development strategy, amendtnents to the Official Plan applying to the Corporation and the Restricted Area By- law of the Corporation. 4. " _ .A" ".<'.- :;.. 1 't' -,. - 2- WHEREAS Ontario Hydro wishes to participate with the Corporation in addressing concerns associated with the future effects of the Bruce Nuclear Power Development. WHEREAS Ontario Hydro and the Corporation did enter into an agreement dated December 2, 1987, to address these issues. WHEREAS there has been numerous amendments and subsequent agreements between the parties from time to time which reflected chAnging circumstances and issues effecting the parties. WHEREAS it is desirous and necessary to enter into a new comprehensive agreement to consolidate and reflect all current agreements between the parties and to plan for future impacts on the Corporation which might arise from the operation of BNPD. NOW THEREFORE THIS INDENTURE WITNESSETH that for the considerations herein contained, the parties covenant and agree as follows: 1.0 DEFINITIONS For the purpose of this agreement, the following definition sha1l apply: (a) "Lake Range Road" means the emergency winter route leading north from the BNPD site to Port Elgin in the Township of Bruce and Saugeen (marked as a dashed line on the attached Schedule "A"). (b) "1-2 mile zone" means the land area between the boundary tine in red and the boundary tine in green on Schedule "A", but does not include any land on which Ontario Hydro erects any buildings or works as defined in the Power Corporation Act. (c) "2-5 mile zone" means the land area between the boundary tine in green on Schedule "A" and the boundary tine in yellow but does not include any land on which Ontario Hydro erects any building or works as defined in The Power Corporation Act. ( d) "Year" means a calendar year. (e) "Emergency winter routes" means the roads leading north from the site towards Port Elgin and south along Albert Street between Concession Road 2 and County Road 15 in Bruce Township as marked on Schedule "A" attached hereto. (1) "Tie Road" means the road currently maintained by Ontario Hydro, more or less located across Lots 11 to 21, Lake Range or Concession "A", Bruce Township as shown on Schedule ''N' attached hereto. (g) "BEe" means the Bruce Energy Centre. (h) "J-I sideroad" means the sideroad separating Lot J and I that connects Highways #21 with Concession 4 on Bruce Township as shown on the attached Schedule "A". 2.0 SPECIFIC PROVISIONS (A) Cornmuni~ Im.Pact Grant Ontario Hydro shall continue to include the Corporation in the Community Impact Grant Program 3$ long as such program is available. The formula used to calculate this grant will be the same as used to determine the amounts funded to the other . <;'" , ,..t; 7'..1 - 1 " - .. - 3- impacted municipalities in Bruce County. This grant is in addition to any other grants in lieu of taxes made by Ontario Hydro to the Corporation. (B) Bruce TownRhip SJ!""ÎAI Grants Ontario Hydro shall pay the following special grants to the Corporation, by December 1, in each year of this agreement commencing December 1, 1995. (i) Ontario Hydro agrees to pay anmlAlly special grants on the lands owned by it in the 1-2 mile and 2-5 mile zones based on the valuations established under Section 52 ofThe Power Corporation Act, RS.O. 1990 for such lands in the year calculated according to Section 52 but excluding the 50 percent limitation in Subsection 6 of Section 52 based on the sum total of the Corporation's mill rate for all purposes. (ü) Ontario Hydro agrees to continue to pay a special grant payment to the Corporation for Inverburon Park. (ill) Ontario Hydro agrees to pay a new special grant for their leased premises at Douglas Point in the Atomic Energy Canada Limited (AECL) owned property. The grant shall be paid on the business assessment allocated to Ontario Hydro, until the earlier of the end of this agreement, the date upon which Ontario Hydro's lease for the Douglas Point facility is terminated or the cessation of payment of special grants. These special grants shall be considered to be over and above the payment made annually to the Corporation in accordance with Section 52 of The Power Corporation Act, and shall be calculated using the same formula as agreed by the parties in the previous agreement respecting such grants, provided that the AECL grant shall be based on the Inverburon Park formula. (C) BMrS Ontario Hydro agrees to participate with the Bruce Municipal Telephone System (BMrS), and the Corporation, in the funding of the installation of pipe and fibre along the 4th Concession of Bruce Township ftom the Bruce Energy Centre (BEC) into the BNPD site during the term of this Agreement. The parties agree that the total Ontario Hydro funding for this project will be the lesser of (i) the actual contract installation cost to install such facilities, or (ü) $45,000.00 to be paid upon the completion ofthe work. In addition, Ontario Hydro will endeavor to use BMTS's services including its integrated Services Digital Network at the BNPD site, provided BMTS can demonstrate capability, reliability and such services can be supplied at a competitive cost. (D) RIm .nINe. PERMITS Ontario Hydro agrees to comply with the memorandum of understanding which is attached as Schedule "B-1" hereto, and to the current Schedule "c" of By-law 9~22 regarding public buildings attached as Schedule "B-2" hereto, regarding the collection of building permit fees owing to the Corporation and agrees to increase the annual fee lefen-ed to in paragraph 2 of the said memorandum attached as Schedule "B-1", from $2,000.00 to $4,000.00, which shall be paid June 1st in each year commencing June 1, 1995. (E) INVERHURON SEWAGE TREATMENT Ontario Hydro agrees to provide future access for the Corporation to an allocated portion of the BEe sewage treatment plant (the system) capacity to a maximum of35 cubic meters per day of the plant's design capacity of2,200 cubic meters per day. r" 'þ <-". '~..,'"-!JIV '~'''. _, ~ -.~'... ~".-., -, ~>-." ·:-o._y- _~ I . ,J; ,~~J! ---------."'--'"'--.'.'--o-rv.~...."'''..,.'ê"' .,.._t<p_,.""-:"_",,_,.._,~,..,.~.,,·n,:,,.~~'""."-'<;:',,,,-,~,,-~-:~"'-""~;:~,-;:.. ~ - ~ -4- (F) ACCESS TERMS It is agreed that the right of access to the system as agreed in paragraph 2(E) is based on the system which exists as of the effective date of this agreement and is subject to the following terms and conditions: (i) Ontario Hydro shall not be required to make capital expenditures or contributions to the system which might be required after the date the corporation connects to the system which are required as a result of the use of the system by the Corporation. (ú) The Corporation shall not be charged a connection fee or charge at the time it connects to the system and shall only be required to pay any capital costs associated with such connection. (ill) Prior to connecting to the system the Corporation shall enter into a sewer use agreement with Ontario Hydro which shall include the following provisions: 1. The Corporation paying its annual share of the operating cost of the system, to be based on a formula as agreed between the parties, tàiIing which to be based on a flow proportional basis of flow contributed to the system by the Corporation as determined by flow meters. 2. The Corporation paying its annual share of any capital improvements to the system made subsequent to the date of connection provided such capital costs payable by the Corporation shall be limited only to costs required to maintain the system as existing at the date of connection and not to costs which might be associated with improvements or expansion to the system after the date of connection, which are unrelated to the use of the system by the Corporation. 3. The said agreement shall relieve Ontario Hydro from liability claims by third party users of the system. (IV) Ontario Hydro agrees that the Corporation has the right to sell its capacity and access to the system, to a third party, on the same terms and conditions as if the Corporation connected to the system. Such right is subject to the consent of Ontario Hydro, which consent shall not be unreasonably withheld. (v) It is agreed by Ontario Hydro that the right of the Corporation as agreed in paragraphs 2(E) and (F) of this agreement is a right which shall exist until surrendered by by-law of the Corporation and shall continue and be binding on Ontario Hydro beyond the term of this agreement. (G) ffiGHWAYS (i) Upon the execution of this agreement by the parties, the Corporation shall resume the cost of maintaining those parts of Bruce Township Concessions 2 and 4 which lie between the westerly limit of Highway #21 to their intersection with the Tie Road, which were previously maintained at the cost of Ontario Hydro, and the Corporation shall enact a by-law accepting and dedicating the Tie Road as a municipal public highway, and shall assume the costs ofmaintaining the Tie Road thereafter. (ü) The Corporation agrees to /11aint'lin the said highways in a manner consistent with other highways within its jurisdiction. (ill) The Corporation shall during the term of this agreement reconstruct the said highways to MTO standards for a similar highway. '.<, .' ~ ,,"" "I , .. -5- (iv) The Corporation agrees during the term of this agreement not to request any financial assistance ftom Ontario Hydro for highway purposes unless there is a substantial change in traffic volumes related to major new Ontario Hydro facilities at the BNPD site, in which case such impact will be assessed and the parties agree to negotiate a payment by Ontario Hydro to compensate the Corporation for resulting increased highway maintenance costs. (v) The parties agree that they shall each be responsible for all costs of erecting and maintaining signage on those highways as set out in Schedule "c" to this agreement. (H) WINTER MAINTENANCE Notwithstanding the previous provisions of this agreement regarding highway maintenance, during the winter months only, Ontario Hydro shall at its own expense perform salting, sanding and snow removal on the following Bruce Township Highways: (i) The 2nd and 4th Concessions ftom Highway #21 West to their intersection with the Tie Road. (ü) The Tie Road. (ill) Farrell Drive, Plan 3M-l 13. (iv) The 11 sideroad. (v) The first morning pass along Albert Street in Inverhuron. (I) RMRRC'.RNCY ROUTES Emergency situations may arise during the winter months where the emergency winter routes over other Highways under the jurisdiction of the Corporation must be plowed, sanded and salted before BNPD employees can use them. The shift supervisor of Nuclear Waste Environmental Services Division shall make every effort to contact the Corporation's Road Superintendent to ascertain the condition of the winter route. He shall also ascertain whether the Corporation will be able to respond to the needs of plowing, sanding and salting. If the Corporation's Road Superintendent cannot be contacted, the shift supervisor may dispatch the BNPD operations equipment to clear the emergency winter routes for use by the BNPD employees. The Corporation's Road Superintendent shall be advised as soon as possible of the operations being carried out. (J) UABTT.ITV (i) Ontario Hydro does hereby assume all liability and obligation for any and all loss, damage or injury to property or persons arising or occurring by reason of Ontario Hydro carrying out the right granted to it by the Corporation pursuant to Section 2(1) to snow plow, sand or salt the emergency winter routes pursuant to this agreement and arising from its obligation to provide winter ma;ntP.llan<;e pursuant to Section 2(H) of this agreement, and agrees to indemnüy and save harmless the Corporation from any claims arising from such work by Ontario Hydro, including from that part of the 11 sideroad lying within the Village ofTiverton.. (ü) Ontario Hydro shall further report to the Bruce Township Road Superintendent, any damage to the Bruce Township roads or any unsafe road conditions which it observes ,.,; , ", , , , , -6- while performing the work referred to in Sections 2(H) and (I) of this agreement and sha11 pay to the Township forthwith upon demand the cost of any such repairs to the roads as may be C8'Ised by Ontario Hydro, including ftom that part of the J1 sideroad lying within the Village ofTtverton. (K) RADIOACTIVE WASTE The Corporation recognizes that Ontario Hydro has the right to transport to, and process and store at, the BNPD site, LOW AND INTERMEDIATE level radioactive waste ftom any of its facilities, wherever situated. If for example Ontario Hydro was to establish a mGH level radioactive waste storage facility for waste originating from outside the BNPD site, or a storage facility for Mixed Oxide Fuel (MOX) beyond storage facilities which exist today, it sha11 first consult with the Corporation and sha11 negotiate such further compensation as may be agreed for the impact of such increased storage facilities. (L) OTHER WASTE The Corporation recognizes that Ontario Hydro has the right during the term of this agreement to transport to, and process and store at, the BNPD site, other waste, wherever generated and whether generated by Ontario Hydro or another entity, (such as chemical waste to be processed at the BNPD site Spent Solvent Treatment Facility, or used Cobalt 60 sources). (M) ANNUAL PAYMENTS Ontario Hydro agrees to pay the Corporation S3oo,000.00 per year to a maximum of$I,5oo,000.00 during the term of this Agreement for impacts related to the Corporation in respect of the operation of the BNPD. The annual payment will be made on June 1st each year commencing on June 1, 1995 and to be used by the Corporation for such projects, at its discretion, and sha11 be considered part of the general funds of the Corporation. (N) MONITORING The Corporation and Ontario Hydro agree to participate in the establishment and implementation of monitoring and study programs, related to but not limited to proposed projects having potential synergies with the BNPD site and impacts relating to ongoing BNPD activities and such other matters that are agreed upon from time to time by the joint Bruce Township/Ontario Hydro Liaison Committee. (0) JOINT FUND (i) Ontario Hydro sha11 contribute the sum ofSloo,ooo.oo per year on the first day of September in each year up to a maximum amount ofSSoo,OOO.OO during the term of this agreement, to a fund to be used for such monitoring and study programs, and known as the BNPD/Bruce Township Impact Fund. (ü) The said fund sha11 be established in a bank account at a chartered bank agreed by the parties and sha11 be jointly owned and operated by the Corporation and Ontario Hydro and sha11 require authorized signatures from each party for all withdrawals. (ill) Commencing December 31, 1996 and on the 31st day of December throughout the term of this agreement, the balance of the fund sha11 be reviewed and any amount in the fund consisting of both capital contributions and interest, which is in excess of $50,000.00 and has not been committed for use by the Liaison Committee, shall be paid _ '''._ "h"""":"'C-'-' . ..>"~ .", ,,¡ ! -7- forthwith to the Corporation to be used for its general municipal purposes in its sole discretion. (IV) The balance of the fund shall not be reduced to an amount less than $50,000.00 as a result of such payment to the Corporation. (v) At the end of this agreement the total uncommitted balance of the fund shall be paid forthwith to the Corporation to be used for its general municipal purposes in its sole discretion. (vi) It is agreed that the first annual contribution to the fund by Ontario Hydro shall be dedicated to studies associated with the future operation of the BEC and its ancillary hard services. 3. MUNICIPAL AUTIIORITY (a) Ontario Hydro agrees to refer to the Liaison Committee, when appropriate, the uses and provisions of the applicable zoning category, and other relevant planning decisions regarding any proposed development in the 1-2 mile zone. (b) Ontario Hydro recognizes the potential for industrial development in the "1-2 and 2-5 mile zone". In the event that Ontario Hydro leases some of its lands for non-Hydro industrial or commercial use, within these zones, it is recognized that such tenants of lands owned by Ontario Hydro should be liable for municipal taxes. Ontario Hydro therefore agrees that any agreement with third parties with respect to occupancy of land and/or buildings used for industrial purposes or other uses will provide that such third party shall, if liable therefore, pay realty and business taxes. If such tenants are not liable for realty tax, Ontario Hydro, if liable therefore, agrees to make payments as provided for under Section 52 of the Power Corporation Act, R.S.O. 1990 on the land excluding the payment of business tax as provided for under the same section over and above the 50% limitation on payments for the Ontario Hydro facilities. In the event of such non-Hydro industrial or other developments, Ontario Hydro also agrees that the Corporation shall collect business taxes directly ftom the tenant. 4. LIAISON COMMlITtili (a) A Liaison Committee shall be established. Each party shall nominate two members and alternates to act on their behalf. Decisions and recommendations of the Liaison Committee shall be unanimous and shall be binding on both parties to this Agreement. Failure of the Liaison Committee to agree shall result in Arbitration as provided for in Section 6 of this Agreement. (b) Current and future impacts are to be considered within the context of the overall monitoring program through representations at the Liaison Committee specifically establish to address matters of mutual interest to meet on a regular basis predetermined by joint agreement and may adopt such procedure as the members agree from time to time. The role of this committee will include initiation and receiving of reports, the review of staffing requirements, the compensation for impacts as determined by the monitoring and study programs and generally to act as the forum for discussion and resolution of matters of mutual interest, including the implementation and operation of this agreement. (c) Ontario Hydro agrees that the Corporation may, at any time, submit a claim to the Liaison Committee for any item of compensation not specifically identified in this Agreement, but for which Ontario Hydro has obligated itself under this Agreement. Once such claims have been nnanimously agreed to by the Liaison Committee, they are to be submitted to the Director of Bruce B at BNPD. ,', " , .\ > , - 8- 5. OUTSIDE DEALINGS The Corporation retains the right to deal with Ontario Hydro external to this agreement, and Ontario Hydro reserves the same right, in respect of the Corporation. 6. ARBITRATION (a) Ontario Hydro and the Corporation agree that should any differences arise in connection with the interpretation or application of this agreement, or with any amendments to this agreement such issues shall be submitted to a Board of Arbitration, and the award of such Board of Arbitration shall be final and binding on Ontario Hydro and the Corporation, and not subject to any appeal. (b) Ontario Hydro and the Corporation (for the purposes of this paragraph, referred to as the parties) agree that any arbitration as provided for above shall be constituted and established as follows: (i) Either party may at any time serve on the other party a notice requiring an arbitration and specüying the relief claimed and the grounds for claiming such relief. (ü) Within fourteen clear days of the service of such notice, each party shall appoint a member to a board to be constituted in respect of such arbitration. (ill) The members so appointed shall, within fourteen clear days from the aforementioned seven day period, appoint a third person to act as chairman of the Board of Arbitration. (iv) The provisions of The Arbitrations Act, RS.O. 1990, Chapter A24 and amendments thereto, and the schedules and regulations thereto shall apply mutatis mutandis, be part of this procedure, (v) The Board of Arbitration shall hear the matters in dispute, and make their award in writing, within three months after the appointment of the chairman, and may not enlarge this time period without the consent in writing of both parties. (c) Should Ontario Hydro deny, in whole or in part, any claim submitted to the Liaison Committee, or fail to respond to such claim within a period of 90 days, the Corporation may submit the claim to a Board of Arbitration as provided above. (d) The proVisions of this paragraph 6 shall survive the termination of this agreement only to the extent of arbitrations commenced prior to 90 days following the termination date of this agreement. 7. TERM This agreement shall be effective from January 1, 1995 and shall terminate on December 31, 1999. 8. TERMINATION (a) Prior to termination or no later than February 1, 1999, Ontario Hydro will review with the Corporation the question offuture application of all payments to the Corporation related to this Agreement and events that could lead to the extension of this Agreement or a new agreement. (b) This agreement may be terminated at the end of any year by Ontario Hydro on 120 days written notice after a change to Section 52 of The Power Corporation Act, ,......~'''' . . , ~, , , -9- RS.0.1990, if these changes cause a conflict with this agreement, or the changes affect Ontairo Hydro financially. Should Section 52 of the said Power Corporation Act be amended or repealed and Ontario Hydro terminates this agreement, Ontario Hydro and the Corporation agree to negotiate a new agreement to be in effect until December 31, 1999. In the event that the parties fail to reach an agreement within 120 days of the end of the year of termination, any matters not settled shall be referred to arbitration pursuant to the provisions of Section 6 of this agreement. (c) The parties agree that the provisions of this agreement regarding access to the BNPD sewage system (paragraph 2 (E) and (F) shall survive the termination of this agreement and remain binding on the parties. (d) If a new agreement has not been reached by December 31, 1999 Ontario Hydro agrees that its obligations regarding winter maintenance as agreed in paragraph 2(H) shall continue throughout the 1999-2000 winter season and shall not cease until May 15, 2000. 9. MlSC-F.T.T.ANEOUS (a) This agreement cannot be assigned by one party to another entity without the written consent of the other. The agreement shall extend to, be binding upon and enure to the benefit of the successors and permitted assigns of the parties thereto. (b) Notices All notices must be given in writing and delivered in accordance with this clause. All notices shall be delivered to the other party and no notice shall be effective until such delivery has been made. The addresses for delivery are: (a) Ontario Hydro Box 4000 Tiverton, Ontario NOG2TO Attention: Director Bruce B. (BNPD) (b) The Corporation of the Township of Bruce RR#3 Tiverton, Ontario NOG2TO Attention: Clerk-Treasurer Notice shall be deemed to have been delivered: (a> If delivered by hand, upon receipt. (b) If delivered by electronic traIJStnÍ!I..';on, 48 hours after the time of transmission, excluding from the calculation weekends and public holidays. . 'C~ " r ,/ , "/ "~ 'pi" , ," I' - 10- (c) If delivered by registered mail, four (4) days after the mailing thereof, provided that ifthere is a postal strike such notice shall be delivered by hand, The parties may change their respective addresses and names of addresses for delivery by delivering notices of changes as provided above. (d) This agreement shall be construed according to and shall be governed by the laws of the Province of Ontario, and the parties do hereby irrevocably attorn to the jurisdiction of the Courts of such Province, (e) No failure of any party to pursue any remedy resulting from a breach of this agreement by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach. (f) If any provision of this agreement is determined to be unenforceable or invalid by all of the parties or by the decision of any court of competent jurisdiction which is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not effect the enforceability of the remaining portions of this agreement and such unenforceable or invalid provision shall be severed from the remainder of this agreement. (g) This agreement shall not be amended, cancelled, suspended, qualified or otherwise altered except by a memorandum in writing signed by each party hereto and any amendment, alteration or qualification hereof made without such written memorandum signed as aforesaid shall be null and void. (h) The captions and headings appearing in this agreement are inserted only as a matter of convenience and reference and in no way define, limit, construe or describe the scope of the intent of such sections of this agreement nor in any way affect this agreement. (i) This agreement supersedes and overrides any other agreement, representation, understanding between the parties or made by one party to the other respecting the subject matter herein. IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused this agreement to be signed by their duly authorized representatives. We have authority to bind the Corporation ONT ARlO HYDRO Authorized by Bruce Township By-law #95- ~, passed this 4\h day of :J" "'\ 'I , 1995 THE CORPORATION OF THE TOWNSHIP OF BRUCE Per: 1k..nJ A Reeve /Jtu~~. Clerk-Treasurer Per: <._~ , ' . ~ 0 ~ ;¡j ø.. H riI :<: :> LtI tI1 ~ '" ~ I '" <I! .-i LtI riI ¡:; '" 0 00 0 '" I-< .r: .. .-i ¡¡ f: ~ Z 0 0. N :; +> <I! riI ~ Eo< ~ -.-I .-i X Z .-i () <I! m p '"( Iir<I!o1 . ..-1 0 Eo< rz.. '":> ~ ¡:; OtJ Eo< 0 .-i +>-.-1 0 m Z~ ~ 0 o <I! I-< 0 :3 H oZtl1<1!m fiI a OIQ ~ :3:0 I-<+> 0 LtI Eo< Z H l?tI1....+>¡:; '" '" ..: ..: a ~~ tI10 N LtI 0 '":> ~ '" '" Q 000 a . I I Eo< ~ ~ i .:<: I-< m ¡:; .-i .-i Z .. ø::Eo<<I!.r:o ex> ex> ~ H Z riI +>1-<+>0 ex> ex> Eo< riI 8 Eo<....OO::lI-<:> riI tJ ~ :<: -.-10 <I!N ~ riI tJ I-< ..-: '" '" rz.. Eo< ~ riI I-<LtI.-il? .-i .-i ~ rz.. riI ~ m.-i mo LtI LtI riI ¡Q ¡QN:3:Z - , "^'lJ..,::" ~/:::. '. " .. ' . ' SCHEDULE "B-1- MEMORANDUM OF UNDERSTANDINa BET WEE N: THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereina fter '.:all ed "Bruce") and - ONTARIO HYDRO (Hereinafter called "Hydro") WHEREAS pursuant to By-law No. 88-11 as amended by By-law No. 90- 22 Bruce did establish fees for building permits. AND WHEREAS Hydro is a major builder in Bruce. AND WHEREAS it is desirable to establish terms and conditions for an efficient collection of building permit fees owed by Hydro. The parties hereto agree as follows: 1. Notwithstanding the provisions of Bruce By-law No. 88-11 as amended by By-law No. 90-22 Hydro and Bruce agree that the terms of this agreement shall be used as additional guidelines for the interpretation of the said by-laws and the payment of fees by Hydro to Bruce for building permits. 2. All Ontario Hydro related building, in Bruce, of a .:ost under $5,000.00 shall not require a permit or need be reported to the Township of Bruce, and Ontario Hydro agrees to pay an annual fee of $2,000.00 to cover all such permits. 1IcI~~" ¡1~-l'l ThIs Is Scheå.de --¡;o.-\" to By-Iew No. C\~-.;)' :I TT lid r;'~~ fr/ I./--'f ',' ~ . . , , - 2 - 3. All Ontario Hydro related building of a cost between $5,000.00 and $20,000.00 constructed ~ the Bruce Nuclear Power Development site must be reporteJ to Bruce monthly on the form attached as a schedule to this agreement, together with the fee based on. the cost of such construction in a.:cordance with the "Public Buildings" fee schedule .jf the said by-law and no permit or inspection shall be required. 4. All Ontario Hydro related building of a cost over $20,000.00 constructed ~ the Bruce Nuclear Power Development site, shall require permits and inspections and be sUbject to all of the requirements of the said by-law including the fee schedule established for "Public Buildings". 5. All Ontario Hydro related buildings constructed off the Bruce Nuclear Power Development site will be treated as general buildings in the Township and will be subject to the requirements of the said by-laws and shall pay the fees established in Schedule "A" to By-law No. BB-11 as amended by By-law No. 90-22. 6. (a) It is agreed that Building Permit .:osts for Ontario Hydro related buildings are not to be applied to any systems installed by Ontario Hydro, used for the production of energy but only to buildings and structures as defined in the Building Code Act, R.S.O. 1980, Chapter 51, Se.:ti on 1(b). (b) Any question of interpretation of what constitutes a "system" as. opposed to a "building" shall be referred to the Bruce Township, Ontario Hydro Liaison Committee for final determination. ~ ?-('f .' .' .' . - 3 - 7. Ontario Hydro agrees to pay to cover any and all outstanding December 31st, 1989. Bruce Township $15,000.00 to building permits prior to 8. Any questions as to interpretation of any parts of this memorandum shall be referrea to the Bruce Township/Ontario Hydro Liaison Committee for final determination. ~ 31Ý . " :._t .. ~-'!f_ ., 'k JlYDRO RBPOR,. - <1IOILDIRO PERMI,.} -- DAD DUCRIP'!'IOIf OII'I'AltlQ 'l'O'l'AL POIIJ;" PERMIT ,111- .' SO.I". Ia",ð... ROT . U,.~ ISSUED , YALþ:bf\ " ~"C'I'IOR ," ,.' :..\ . . ,',,' - .' '. .,: . I . '. >. - -.,.' : . - . . .. . .' , ...... -- -- .- " "'. . fpJ ~,('f _ .Jic~ >¡--.:. ,. ;.. SCHEDULE -B-2- 'I!~I~ . "ß.,;,)" ThIs Is Schedule .. l"..;:," to By-law No. 0.'5.;:\",\ PQEleed this '-\+~ day or ..1.....I'J 18~~ ~=e , A THE CORPORATION' OF THE TOWNSHIP OF BRUCE SCHEDULE "C" TO BY-LAW NO. 88-11, AS AMENDED BY BY-LAW NO. 90-22 PAGE 4 SCHEDULE ·C· PUBLIC BUILDINGS CLASS OF PRRMI'f All buildings, used for purposes of public department of the Government of Canada or Ontario, including Ontario Hydro, a Board of telephone, telegraph railway or gas company, following fee: service by any the Province of Education or any shall pay the 1. (al (i) $7.00 for every $2,000,000.00; or $1,000.00 of cost up to (b) $5.00 for every $1,000.00 of cost from $2,000,000.00 to $10,000,000.00. (c) $4.00 for every $1,000.00 of cost over $10,000,000.00. I,' ø.-v ~. ¡ .. \. . "'C" il" nU. ,'. -'~;i"'" '. '-' .. C-n: ". " " ',. , .. 't:Q . .' , , . 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Jft'O BICHlAY 121- 1IOItft' 8OO'1'II 0.211( 0.311( 0.311( H IlUIIIOII 80 KH/BR 1.9 III B'!' Ilft'DsblQìl 1UIRan $ '2.3 II( 8'1.' IlUIIØJII 80 Ø/BR 4.011( B'1' IRDRIRcrI0", a_." ~ 4.5. OR IIII'ORIt.I.!'IOR c_~·' BT HIDDBII"'I1ft'BR8BC'JIOJI 5.111( 5.1 .... /--(5' ß..-v ..' ,~.l ',' i'~ ' ... "l" .." . '-.. '/ ~ .,~ t .. ., ~. 'IaIIISBIP - WEft OF HIGHWAY 121 . COIICBSsIOII 4 ',:'.;-,'...-<. on· <:,."¡ ~ ."'\;';ØJ1It¥E "'-~1) ,-" 6.2 101 -' '~~;:,;":>:" -:;;r:_~";i{~k'--'~~G;<~:_'"' . " .:;~~fØ~\lL I. ~r' '. .'G;.~ " . . ~~ -'-.~ ~'<-". .gJ' 6.' 101 ell CufiOll,......lhan6.3 101 .....·U PRDaø.~·. "':-'I'I'B PI4ilBIJIQ Lt.'. _,(ALL DBL~. " Vi..... 6.4 101 ,~.,,_I. ~:~ .i>,#i,¡lI8Dftl. ",'D,~ . 6.5 101 B!' 8OU'I'B IlUI_ 80 IOIIRR B'f PLDIBL8 MAIUœRS B!' CBSCKIIOARDSIOII '> B!' BT DBBR CROSSIBG œaw fl' I I I 6.3 IM~ I 6. 3 ill -6.51Ø 6.6 JM 6.7. :21r' ßw -- -', ~- , 'MPÇl: .' 'fœIIel. - ÇOIfqESSIOII 4 ØOuTa-t.Y , , ' " "'fß~~" as'1' 8'1': . f. ,; '-". 4~: 8'1'OP, SI_ '<.......' .--. 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RBOUIdffttBPl.A.CDlD'r'\!T B'l' 80 IOI/RR " B'f I.TEaSECTIOJ ~ AHEAD . ..IRU:......".: II.,LJ, r 0.3 11M L4 11M 1.9 11M 2.1 11M 2.1 11M 4. 0 11M 4. 2 11M B'I' 8cJ BIRR 6.0.. B'I' $ III'!'D8BC'l'IOII 6. 3 11M .~ ...an I B'!' ~ II"ratSBcrIOR 6.5 .. ,.ØDD t/1.) ~ { r '--Á oS' \0(',' . .... " -1! !. ·-r.....,:,c---'~ ~MIIII8IfIP~'0.. BIGBW"Y 12l ,i'· t!nIf~tØll2 ""'¡":,"- :-~-~~". ':':;,' Cllft'1.' -lfTU_;·".:an :n -"p1m~_ '....... .Ift LIOft os ..... DELIV8RIBS.!'O ·E. GUuì!8OUn: œ Br. 60, ~~ . B'1" '~"aÙllC'flOR, ~ 6.5 ... :'.6 JQI 6.7 JQI 6.7 101 OR:~~ 1I11t!f""". I'OIID..ÐBV.. 6.8 101 ,.XJllCIIIII'I'I. '~ftB \~,,:;#,'::' :-:':""'..: -~ c...,,>n.. \\ "-ð.... ÞO.tm \.I\~i\-or ... ~e.c~Qt\~ ., .' . '.'.' , , o '" ,. . ^' ~, '-. ~;;:? ...\-,: " -f¡,,_,,; ", . ;~' SOU'l'Ø. BT UI'1" '1'0 BIOIIWAY 121 6. 8 JIC bo(( , ~ . / ~ . \. ..'" ~ ~ ... - " ~ ~ -of tpJ \.I l,;I . V ..L V ..L. If' It' r " .ot 15' ..~ ..... ~.o 'iI Ie. \10' , !I.. - ..., . 100-Q' .t""h . , I i L .,. 'OWN LOl t. ! I'd, . 1".-.68.., '-O..a I:"...~ IV It Pit" I ... .... \.0' '"~ ~,.. ',6 ~...._- r'" f!.. ...--:::u~. . ~ ..... l- 041-87 . -... flt'At ...--- -. rod" r ;0 --. lit.IA' ~"" ",,' . "Ut _. .. { . \.0' .., I \.." loll ""IN J'O ~I'N ... L. "..". '-0'" ...,..c "-'Ir.rt'--~ 1!.-_.. ...II2L...t.t..L_J!L . IrO""O . .... ... --. 'I!.!.:.- '''OJI "' ... 'I",". ......__ .~!.'!.f. 1-0;11 ... A. ... _.... J-l side road, within the Village of Tiverton, to be maintained by Bruce Township. J-l side road, forming boundary road between Tiverton and Bruce Township, to be maintained by Bruce Township.