HomeMy WebLinkAboutBRU 86 008 agree supplementary
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 86-8
BEING A BY-LAW ~o au~horize ~he en~ering in~o an agr.e..n~
be~ween ~he Corpora~ion and On~ario Hydro for financial iapac~
assi.~ance, .oni~oring, land use and road .ain~enance in ~he
~ownship.
HOW THEREFORE ~h. Council of The Corpora~ion of ~he Township of
Bruce .nac~. a. follows:
1. Tha~ ~he Corpora~ion do en~er in~o an agree..n~ known as
Supple.en~ary Agree..n~s #4 and #3 wi~h On~ario Hydro which
fora. par~ of ~hi. by-law and a copy of which i. here~o
a~~ached.
2. Tha~ ~he Reeve and Clerk of ~he Corpora~ion are hereby
au~horized ~o execu~e ~h. said agree.en~ on behalf of ~he
Corpora~ion by ~h.ir .igna~ure. and ~he affixing of ~he
Corpora~ion Seal of ~he Corpora~ion ~her~.~o and ~o deliver
~he agree..n~ so execu~.d ~o On~ario Hydro, provided ~ha~
~he Corpora~ion shall receive back one coun~erpar~ execu~ed
by ~he .aid On~ario Hydro.
By-law in~roduced and read a Fir.~ ~i.. ~his FOURTH day of 3UNE,
1986.
By-law read a Second ~i.. ~his FOURTH day of 3URE, 1986.
By-law read a Third ~i.. and finally pas.ed, signed, sealed, and
nuabered 86-8 ~hi. FOURTH day of 3UNE, 1986.
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REEVE
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BRUCE NUCLEAR POWER DEVELOPMENT
SUPPLEMENTARY AGREEMENT 5
THIS AGREEMENT made in triplicate this 14th day of May, 1986.
BET WEE N:
Ontario Hydro
OF THE FIRST PART
AND:
The Corporation of the Township
of Bruce
(hereinafter called the "Corporation")
OF THE SECOND PART
WHEREAS Ontario Hydro and the Corporation have entered into an
agreement dated June 23, 1981 (hereinafter referred to as the
"Agreement") with respect to' impacts arising out of the
construction of the Bruce Nuclear Power Development (BNPD) on the
Corporation; and
WHEREAS the Agreement pursuant to Section 6(iv), provides for the
entering into of supplementary agreements as the need arises and
as mutually agreed upon by the Liaison Committee, established
pursuant to Section 5(vi) of the Agreement; and
WHEREAS Ontario Hydro wishes to construct a new entrance to the
BNPD site from the Tie Road as hereinafter defined; and
WHEREAS the Corporation wishes to ensure that any construction by
Ontario Hydro on'the Tie Road is carried out with the approval of
the Corporation; and
WHEREAS Ontario Hydro and the Corporation are desirous of
entering into a supplementary agreement (hereinafter referred to
as "Supplementary Agreement No.5") with respect to any required
construction by Ontario Hydro on the Tie Road; and
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WHEREAS the Corporation on the ~ day of ')...,....F- ,1986
passed by-law 86- r¡ authorizing -the Corporation to enter into a
'supplementary agreement for such purposes upon such terms and
conditions and the execution of Supplementary Agreement No.5.
NOW THEREFORE THIS INDENTURE WITNESSETH that for the
considerations herein contained, the parties hereto covenant ana
agree as follows:
1.0 Definitions:
(a) For the purpose of this agreement, the following
definitions shall apply:
(i) "Tie Road" means the road immediately east of the
BNPD site that connects Concession Road 2 with
Concession Road 4 in the Township of Bruce.
2.0 Specific Provisions:
(a) The Corporation hereby consents to Ontario Hydro
establishing the new entrance road to its BNPD site
connected with the Tie Road in accordance with the
terms of this Supplementary Agreement No.5.
(b) Ontario Hydro agrees that all. construction carried out
by it on the, Tie Road will be carried out according to
the Ontario Hydro drawings numbered NK37 DOH 15100 1006
01, NK37 DOH 15100 1007 00, NK37 DOH 15100 1008 00 and
NK37 15100 1009 01 copies of which are attached hereto.
(c) The drawings mentioned in paragraph 2.0 (b) hereof set
forth the plans and specifications for the connection
between the Tie Road and the new BNPD site entrance
road including the specification for construction by
Ontario Hydro on the Tie Road.
(d) The Corporation acknowledges that the drawings
mentioned in paragraph 2(b) hereof hereto have been
approved by the engineer designated by the Corporation.
(e) The Corporation agrees that upon completion of the
construction on the Tie Road in accordance with the
drawings mentioned in paragraph 2(b) hereof the
reconstructed portion of the Tie Road will become a
part of the Corporation's road system.
(f) Ontario Hydro agrees to convey to the Corporation
sufficient of its real property on the east side of the
Tie Road so that the Tie Road including any drainage
ditches as reconstructed pursuant to this agreement is
owned in its entirety by the Corporation.
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(g) Ontario Hydro agrees that the reconstructed portion of
the Tie Road will be maintained by it in accordance
with Section 4(i) of the Agreement.
(h) 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
construction activities undertaken by Ontario Hydro or
its contractors on the Tie Road by reason of the rights
granted by this agreement.
(i) Save and except for Section 2 ( f) thi s Supplementary
Agreement No. 5 shall terminate upon either the
notification by Ontario Hydro that construction is
complete or upon the transfer of the property mentioned
in paragraph 2(f) if such is required, whichever occurs
last.
(j) Supplementary Agreement No. 5 shall extend to, be
binding upon and enure to the benefit of the successors
and assigns of the parties hereto.
IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused
this Supplementary Agreement to be executed by the signatures of
their proper officers duly authorized in that behalf.
ONTARIO HYDRO
Per:
Vice-President,
Design and Construction
THE CORPORATION OF THE
TOWNSHIP OF BRUCE
Per:
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17 ¡-_/14"'¿ /./,
Reeve
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Clerk
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Per:
,:
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BRUCE NUCLEAR POWER DEVELOPMENT
SUPPLEMENTARY AGREEMENT 4
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THIS AGREEMENT made in triplicate this 4th day of June. 1986.
BET WEE N:
Ontario Hydro
(hereinafter called "Ontario Hydro")
OF THE FIRST PART
AND:
The Corporation of the Township
of Bruce
(hereinafter called the "Corporation")
OF THE SECOND PART
WHEREAS Ontario Hydro and the Corporation have entered into an
Agreement dated June 23, 1981 (hereinafter referred to as the
"Agreement") with respect to impacts arising out of the
construction of the Bruce Nuclear Power Development (BNPD) on
the Corporation; and
WHEREAS the Agreement, pursuant to Section 6 ( i v), provides for
the entering into of supplementary agreements as the need arises
and as mutually agreed upon by the Liaison Commi ttee,
established pursuant to Section 5(vi) of the Agreement; and
WHEREAS Ontario Hydro and the Corporation wish to ensure the
safe transport of BNPD employees and the safety of the
travelling public during winter storm conditions; and
WHEREAS Ontario Hydro and the Corporation are desirous of
entering into a supplementary agreement (hereinafter referred to
as "Supplementary Agreement 4") wi th respect to snow plowing,
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sanding and salting of the Lake Range Road and Albert Street in
Bruce Township which serve as emergency winter routes between
BNPD and Port Elgin and BNPD and Kincardine; and
WHEREAS the Corporation on the 4th day of June, 1986 passed
by-law 86-8 authorizing the Corporation to enter into a
SUpplementary agreement for such purposes upon such terms and
conditions and the execution of SUpplementary Agreement 4.
NOW THEREFORE THIS INDENTURE WITNESSETH that for the
considerations herein contained, the parties hereto covenant and
agree as follows:
1.0 Definition:
(a) For the purpose of this agreement, the following
definition shall apply:
(i) "emergency winter routes" means the Lake Range
Road which was subject of Supplementary
Agreements 1, 2 and 3 and Albert Street between
Concession Road 2 and County Road 15 in Bruce
Township as marked on Schedule A attached hereto.
2.0 ~ecific Provisions:
(a) Emergency situations may arise where the emergency
winter routes must be plowed, sanded or salted before
buses carrying BNPD Operations employees can use them.
If Bruce Township eqUipment is unavailable to respond
to this need, the Shift Supervisor at BNPD Services
Department (BNPDS) will make every effort to contact
the Bruce Township Road Superintendent prior to
dispatching BNPD Operations equipment to clear the
route for use by buses.
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If contact cannot be made, Ontario Hydro may proceed
with plowing, sanding, or salting the emergency winter
route. The Road Superintendent should be advised as
soon as contact can be made.
(b) 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(a) to snow plow,
sand or salt the emergency winter route pursuant to
this agreement.
(c) Supplementary Agreement 4 shall terminate on December
31, 1987. Prior to termination, Ontario Hydro will
review with the Corporation the future application of
terms of Supplementary Agreement 4 that could lead to
the extension of this Supplementary Agreement or a new
agreement. Otherwise, this Supplementary Agreement
may be terminated with 60 days notice by either party.
(d) Supplementary Agreement 4 shall extend to, be binding
upon and enure to the benefit of the successors and
assigns of the parties hereto.
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IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused
this Supplementary Agreement to be executed by the signatures of
their proper officers duly authorized in that behalf.
ONTARIO HYDRO
Per:
Vice-President, Production
THE CORPORATION OF THE
TOWNSHIP OF BRUCE
Per:
I~d ;'JJ. L~
Reeve V
~
Per:
Clerk
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