Loading...
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. -e ,I£AthLPli ,77l{7 ~/\ REEVE -~ - - - - - - - -- --- -Sht;-- 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 't-~..,p - 2 - 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. '\ "'" .. ... - 3 - (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: // ¡ -;7' 17 ¡-_/14"'¿ /./, Reeve ¡ >' r'" .f'';'- Clerk ¥f'" ': ¿{"L ~.1·· f Per: ,: 1 BRUCE NUCLEAR POWER DEVELOPMENT SUPPLEMENTARY AGREEMENT 4 . " ','.' ~l , .. . '~ 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, - 2 - 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. , '.. - 3 - 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. o .. - 4 - 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 r '-' lAltl:i MNI'tJMI ~~;:;:-,;..;~.......,....~", .~ w" aOL!' . A ~\.IJICI'~ lOAD ~""Tl'" weT ~ "'t~...WAV 1.' -~ ....... t, .... 0 t "& &K.ht t !<A"