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Home My WebLink AboutBRU 85 013 agree Ont Hyrdo # 3 -- !rIlE CORPORA'l'IOR OF !rIlE 'lUllllSBIP OF BRUCK BY-LAW RO. 85-13 BEING A BY-LAW to authorize the entering into an agreement between the Corporation and Ontario Hydro for financial impact assistance, monitoring, land use and road maintenance in the township. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: 1. That the Corporation do enter into an agreement known as Supplementary Agreement #3 with Ontario Hydro which forms part of this by-law and a copy of which is hereto attached. 2. That the Reeve and Clerk 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, provided that the Corporation shall receive back one counterpart executed by the said Ontario Hydro. By-law introduced and read a First time this FIFTH day of JUNE, 1985. By-law read a Second time this FIFTH day of JUNE, 1985. By-law read a Third time and finally passed, signed, sealed and numbered 85-13 this FIFTH day of JUNE, 1985. ~ ~H~~ REEVE -e S¡¡p¡L· ~ ---,- ::-'- "'-'~n___"" I t..~-.-.~ BRUCE NUCLEAR POWER DEVELOPMENT SUPPLEMENTARY AGREEMENT 3 THIS AGREEMENT made in triplicate this BETWEEN 22. day of ~....V( , 1985 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 provides for the entering into of supplementary agreements as the need arises and is mutually agreed upon by the Liaison Committee established in 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 severe winter storm conditions, and WHEREAS Ontario Hydro and the Corporation are desirous of entering into a supplementary agreement (hereinafter referred to as Supplementary Agreement No.3) dealing with improvements to the emergency winter route to Port Elgin including ehe road between Concessions VI and VII from the Lot A Sideroad to the road between Lot C and the Lake Range; the road between Lot C and the Lake Range in Concessions VII and VIII¡ the road between Lots E and F in Concessions IX and X¡ and, the Bruce-Saugeen Townline from the road between Lots E and F in Bruce Township to the Lake Range road in Saugeen Township¡ and WHEREAS the Corporation on the 5th day of June 1985 passed by-law 85-13 authorizing the Corporation to enter into a supplementary agreement for such purposes upon such terms and conditions and the execution of Supplementary Agreement No.3. ~- ___"" ..... - 2 - NOW THEREFORE THIS INDENTURE WITNESSETH that for the considerations herein contained, the parties hereto covenant and agree as follows: (1) Definitions (i) i) For the purpose of this agreement, the fOllowing definitions. shall apply: (a) "road" means the road between Concessions VI and VII from the Lot A Side road to the road between Lot C and the Lake Range¡ the road between Lot C and the Lake Range in Concessions VII and VIII; the road between Lots E and F in Concessions IX and X¡ and, the Bruce-Saugeen Townline from the road between Lots E and F in Bruce Township to the Lake Range road in Saugeen Township¡ and (b) "improvements" means improving the grade, drainage, culverts, surface width and surface to permit safe passage during severe winter storm conditions. (2) Specific provisions (2) i) Ontario Hydro and the Corporation agree that the road improvements be carried out in accordance with the drawings and specifications contained in the agreed upon contract tendering document. (2) ii) Ontario Hydro agrees to reimburse the Corporation for 80 percent of the costs of the road improvements up to a maximum of $287,385. (2)iii) The Corporation agrees to be responsible for tendering, contractor selection, contract management and any other activities associated with carrying out the improvements in accordance with the drawings and specifications contained in the agreed upon contract tendering document. (2) iv) Ontario Hydro agrees to provide the staff required to monitor gravel shipments and any other quantities to confirm the value of work done. Ontario Hydro also agrees to provide staff for engineering supervision, survey control, and approval of materials supplied. (2) v) The Corporation agrees to make the best possible effort to have the improvements completed before the 1985/1986 winter season. If all improvements cannot be completed before the 1985/1986 winter season, the Corporation agrees to carry out work in such a way as to allow the road to remain passable and available for use during winter storm emergencies. ~'.~~ (3) (3) i) (3) ii) - 3 - Other Provisions Supplementary Agreement No. 3 shall terminate on June 30, 1986. Ontario Hydro shall not be responsible for any direct costs above the limit specified in section 2(ii). Ontario Hydro shall not be responsible for the cost of any road improvements if such costs are incurred and are chargeable after June 30, 1986. The Corporation shall keep proper books, accounts and records in form and detail satisfactory to Ontario Hydro of all transactions relevant to this agreement. Notwithstanding the generality of the foregoing, such accounts and records shall include invoices, receipts, cancelled cheques, vouchers, employee time records relating thereto. All such books, accounts and records shall at all reasonable times be open to audit and inspection by Ontario Hydro or its authorized representative (who may make copies thereof and take extracts therefrom) and the Corporation shall afford all proper facilities for such audit and inspection and shall make available to Ontario Hydro or its authorized representatives all such aforesaid accounts and records. Such books, accounts and records are to be preserved and kept available for audit and inspection at any time until the expiration of two (2) years from the termination of this agreement, or until the expiration of such lesser period of time as shall be approved in writing by Ontario Hydro. Should any such audit or inspection disclose any discrepancy, the parties mutually agree to appropriately adjust such discrepancy forthwith. The Corporation shall include a right to audit clause similar to this paragraph in any contracts it may enter into as a result of this agreement. Such audit right shall be extended to Ontario Hydro or its designated representative. (3)iii) The Corporation shall assume full liability and obligation for any and all loss, damage or injury (including death) to persons or property which may arise from the Corporation's performance of this agreement, and the Corporation shall, at all times, indemnify and save harmless Ontario Hydro from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. (3) iv) Supplementary Agreement No. 3 shall extend to, be binding upon, and enure to the benefit of the successors and assigns of the parties hereto. · .,.,¡. <,. ~ - 4 - IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused this Supplementary Agreement to be executed by the affixing of their Corporate Seals attested by the signatures of their proper officers duly authorized in that behalf. ONTII:lIO/lYORn ~ IY/~...~ , THE CORPORATION OF THE TOWNSHIP OF BRUCE ~¡J ~~~ Reev- ~. -- Clerk ccr1300.l6l '--