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HomeMy WebLinkAboutBRU 87 029 agree pipeline THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-29 BEING A BY-LAW to authorize the entering into an agreellent between the Corproation o£ Hydro to allow cros.ing o£ the Township o£ Bruce and Ontario a municipal road with a steam line. NOW THEREFORE the Council o£ the Corporation o£ the Township o£ Bruce enacts as £ollows: (1) That the Corporation o£ the Township o£ Bruce enter into an agreement with Ontario Hydro which £orms part o£ this by- law. (2) That the Reeve and Clerk o£ the Corporation o£ the Township o£ Bruce are hereby authorized to execute said agreement by their signatures and a££ixing the corporate seal. BY-law introduced and read a First tille this SECOND day o£ JULY. 1987. By-law read a Second time this SECOND day o£ JULY. 1987. By-law read a Third time and £inally pas.ed. signed. sealed. and numbered 87-29 this SECOND day o£ JULY. 1987. $Y /LJi?l7. ~ REEod" SEAL -----.- -. - ... ,/ THIS AGREEMENT made in triplicate this 20th day of August BET WEE N: 1987. THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called "Bruce" OF'THE FIRST PART, - and - ONTARIO HYDRO hereinafter called "Hydro" OF THE SECOND PART. WHEREAS Hydro is proposing to construct, operate, maintain, replace and repair pipelines (hereinafter called the "works") to distribute steam energy to certain lands in, over, along, across and under parts of Bruce's lands in the Township of Bruce, in the county of Bruce as more particularly described in Schedule "A" attached hereto; AND WHEREAS Hydro has requested a licence agreement with Bruce in this respect; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $1.00 Bruce hereby permits Hydro to construct, operate, maintain, replace and repair the works in, over, along, across and under parts of Bruce's lands (hereinafter called the "lands") as more particularly described in Schedule "A" attached hereto upon the following terms and conditions: 1. The works shall he constructed in accordance with Hydro construction drawings, stamped by a Professional Engineer and approved by the Structural Office of the Ministry of Transportation and Communications, along with drawings of the footings of said pipeline passing under the lands in the Township of Bruce. Such drawings are numbered, project 1693-10, Plan 1, 2 and 3, and marked -2- as Schedules B, C and 0, attached hereto. 2. Hydro shall except in case of emergency, before commencing any work on the lands give to Bruce forty-eight (48) hours' previous written notice, and in cases of emergency such previous notice as is reasonably possible. 3. Hydro in connection with laying, constructing, operating, maintaining, inspecting, altering, repairing, replacing, reconstructing or removing the works or any part or parts of them shall not interfere in any way with or cause any damage to any works of Bruce now or hereafter constructed on the lands and shall comply with the Occupational Health and safety Act, R.S.O. 1980 and any amendments thereto and any regulations passed thereunder. Upon completion of any of this work Hydro shall fill in all excavations, restore fences, restore the surface of the ground by restoring all topsoil and ground cover disturbed by construction, restore the surface of the road, as far as is practicable, to its original condition and maintain guardrails as shown on Hydro's construction drawings. 4. Hydro shall maintain the works in a good and substantial state of repair at all times. 5. Hydro shall comply with all statutes, by-laws, rules or regulations of every governmental or other competent authority relating in any maner to the works. 6. Hydro shall reimburse Bruce for all costs incurred by Bruce in taking measures to comply with any rules and regulations of any governmental authority which would not have been incurred but for Hydro placing its works on the lands. -]- ~ 7. If at any time or times the placing of the works on the lands should, in the opinion of Bruce directly or indirectly increase the cost of expense of any of the present works of Bruce or work required by Bruce in the future, including the cost to Bruce of acquiring any additional lands or easements because of the existence of the works of Hydro, the increase in cost or expense reasonably attributable thereto shall be borne by Hydro. B. Hydro shall assume all liability and obligation for any and all loss, damage or injury to property or persons (including loss of life) which would not have happened but for the placing of works as provided herein or anything done or maintained by Hydro hereunder or intended so to be, and Hydro shall at all times indemnify and save harmless Bruce from and against all such loss, damage, or injury and all actions, suits, arising therefrom or connected therewith, provided that Hydro shall not be liable under this paragraph to the extent to which such loss, damage or injury is caused or contributed to by the gross neglect of Bruce, its servants or agents. 9. Notwithstanding anything herein contained to the contrary, the works and all other property of Hydro at any time on the lands or on adjacent lands of Bruce shall be at the sole risk of Hydro. Bruce shall not be liable for any loss or damage thereto however occurring and Hydro releases Bruce from all claims and demands in respect of any such loss or damage, except and to the extent to which such loss or damage is caused or contributed to by the gross neglect or default of Bruce, its servants or agents. 10. If at any time Hydro should abandon the works Hydro shall remove the above ground works from the strip at its sole cost and expense within six (6) months of such abandonment and shall restore the strip to the satisfaction of Bruce. Bruce will permit Hydro to abandon the below ground works provided that in so doing Hydro shall comply with all applicable statutes, by-laws, " -4- regulations and orders of competent governmental authority relating thereto. Hydro shall execute such instrument or instruments in confirmation of such termination as Bruce may reasonably request in writing. 11. Upon completion of the work, Hydro will supply Bruce with "as built" drawings relating to the road and road crossing. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested by the hands of their duly authorized officers in that behalf. THE CORPORATION OF THE TOWNSHIP OF BRUCE /{;~~~B, 7JJ. ~ C/ ONTARIO HYDRO AS:~~ SOLlCITOft ,. ". . . . , SCHEDULE "A" Those lands and premises located in the Township of Bruce; in the County of Bruce and being composed of Parts of Lot C and D. Concession 4 designated as Part 3 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Bruce as plan NO. 3R-386l.