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HomeMy WebLinkAboutBRU 85 012 agree Ont Hy steamli . ,..J._ - TIlE COBPORATIOJl OF TIlE TOIIIISBIP OF BRUCE BY-LAW RO. 85-12 BEING A BY-LAW to authorize the entering into an agreement between the Corporation of the Township of Bruce and Ontario Hydro to allow crossing of a municipal road with a steam line. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: (1) That the Corporation of the Township of Bruce enter into an agreement with Ontario Hydro which forms part of this by-law. (2) That the Reeve and Clerk of the Corporation of the Township of Bruce are hereby authorized to execute said agreement by their signatures and affixing the corporate seal. 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 85-12 this FIFTH day of JUNE, 1985. ~ ~ 1-1 ~~ a REEVE . SEAL r r-. ::: ~- -- - -~- . -~ ,,-- _w __"- w- ....._ ~ , - 1- ;:k 1 .' ~ TIllS AGaBBMBIIT aade in triplicate thie 1'M- day of c!J~ 1985. BBTWBBN, P409881 TBB CORPORATION OF TBB TOWNSBIP OF BaUCE bereinaf~er called -Bruce- OF TBE FIRST PART, -and- ONTARIO BYDRO hereiDaf~er called -Hydro· OF TBB SECOND PART. IIBBRBAS Bydro ia proposing to construct, operate, aaintain, replace and repair pipelines (hereinafter called the ·works-) ~o distribute steam energy to'èertain lands in the If'ownship of Bruce in,. overr a10D9'. across and under parts of Bruce's lands in the 'lownship of Bruce, in the County of Bruce as more particularly. described in Schedule -A- attacbed hereto, AND IIBERBAS Bydro has requested a licence agreement vi th Bruce in this respect I ROIl TIIERBPORB TIllS AGREEIIEIIT WITNESSETB that in consideration of the SUIB of $1.00 Bruce hereby permits Bydro to construct, operate, maintain, replace and repair the works in, over.. along. acrosB and under part.s of Bruce's lands (here- inafter ca11ed the "lends" as more particularly described in Schedule "." sttached hereto upon the following terms end conditions. 1. The vorks shall be constructed in accordence vi th Bydro eonstructiOn dravings, stamped by a Professional Engineer end approved by the Structural Office of the llinistry of Transport- ation and C....unications, along with dravings of the footings of said pipeline passing. ·under the lands in the Township of Bruce. Such drawings are nuabered.NK31-DOB-16100-1032-02, RK37-D5S-16100-1033-02, 5986-UOB-16140-1003-02, 5986-D2B-16140-5001, and marked as Schedules Bf ·C. D, and B attached hereto. A .. .~ ,~ < - 2 - P409881 2. Hydro shall, except in case of emergency, before """""",,cing any work on the lands give to Bruce forty-eight 1481 hours' previous written notice. and in caseS of eaergency such previous notice as is reasonably possible. 3. Hydro in connection with laying, constructing, operating, _intainiDg. inspectincjl , altering, repairing, replacing. reconstructiDg or reaoviog the works or any pert or parts of t:heII. shall not interfere in any way with or cause any d~ge to any works of Bruce now or hereafter constructed on the lands and shall _ly with the OCcupational Health and Safety Act, R.S.O. 1980 and any amendllents thereto and any regulations pessed thereunder. Upon coapletion of any of this work Bydro shall fill in all excavations, restore fences, restore the surface of the ground by restoring all topsoil and ground cover disturbed by construction r restore the surf ace of the road, as far as is practicable, to its original condition and ...intain guardrails as shown on Hydro' s construction drawings. 4. Hydro shall aaintain the works in a good and substantial state of repeir at all ti....s. 5. Hydro shall ca.ply with all statutes, by-laws, rules, or regulations of every governmental or other competent authority relating in any I18DDsr to· ths works. 6. Hydro shall reimburse Bruce for all costs incurred by Bruce in taking -.asares to caaply with any rules and regulations of any govenuoental authority which would not have been incurred hut for Hydro placing its works on the lands. 7. If at any tiJle or tiJles the placing of the worka on the lands should, in tbe opinion of Bruce directly or indirectlyincrea8e the cost or expense of any of the present ,. - 3 - \ .. P409881 works of Bruce or work required by Bruce in the future, including the COB~ to Bruce of acquiring any additional lands or eas~nts because of the existence of the works of Hydro.. the increase in cost or expense reasonably attributable thereto shall be borne by Hydro. 8. If.. at any tille, the UDopened road allowance affected by Part 4, Reference PIIID 3R-3672 is opened for public travel, Bydro will, a't. its own ezPense, provide the necessary Ileana by wbleb to cross 0ger the works or relocate the works. 9. Hydro shall assume all liability and obliqation for any and all loss. aa.age 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 ...intained by Hydro hereunder or intended so to be, IIDd Bydro shall at all times indemnify end save haraless Bruce from and against all such loss, d_ge, or injury and all actions, auits, proceedings, costs, charges, ~ge8, expenses. claims or d~B arising therefrom or connected therewith: provided that Hydro shall not be liable under this paragraph to the extent to which such loss, dllllac¡e or injury is caused or contributed to by the gross neglect of Bruce, its servants or agents. 10. Notwithstending lIDything herein contained to the contrsry, the works IIDd all other property of Hydro at any time on the lands or on adjacent lends of Bruce shall be at the sole risk of Hydro. Bruce shall not be liable for any loss or dllllaqe t:hereto however occurring and Bydro releases Bruce from. all claims and deaands in respect of any. such loss or damage, excep't and to 'the ex'tent to which such loss or damage is caused or contributed to by the gross neglect or default of Bruce, its servants or agents. ll. If at IIDY tiae Hydro should abandon the works Hydro shall reaove the above ground works frOllO the strip at its sole cost and expense wi'thin six C 6) aontha of Buch abandonment and Á - 4 - \ ., P409881 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, 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. 12. 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 ~ <-<,tr::... ,Vi ,- I(\:, \.:'. , ONTARIO HYDRO ~ f}fJ '(k.l~ , ~1j¡ .."II' Ac ng Secretary -- ~ . "" , - 5 - P409881 SCHEDULE . A· Those lands and premises located in the Township of Bruce, in the County of Bruce and being compo~!!d of Parts of Lot 16, Lake Range or Concession A and Part of the road allowance between Lake Range or Concession A and Concession 4 designated as Parts 1, Z, 3 and 4 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Bruce as Plan Ro. 3R-367Z.