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Home My WebLink AboutBRU 82 017 agree ont hyd repeal . - CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 82-17 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, and to repeal By-law No. 82-15. 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 Revised Supplementary Agreement #1 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. 3. That By-law #82-15 is hereby repealed. By-law introduced and read a First time this SEVENTH day of OCTOBER, 1982. By-law read a Second time this SEVENTH day of OCTOBER, 1982. By-law read a Third time and finally passed, signed, sealed and numbered 82-17 this SEVENTH day of OCTOBER, 1982. -¥µ ~.::A< (')/ REEVE SEAL - . . . v o & . -~- Bruce Nuclear Power Development Revised Supplementary Agreement III THIS AGREEMENT made in duplicate this 7th day of October, ~982 BE'IWEEN ONTARIO HYDRO, OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE, hereinafter called The ItCbrporation It OF THE SECOND PART WHEREAS Ontario Hydro and the C:>rporation have entered into an agreement (herinafter referred to as "'Itte Agreement") with respect to impacts arising out of the construction of the Bruce Nuclear Power Development (BNPD) on the Corporation, dated June 23, 1981; and WHEREAS The Agreement provides for the entering into of supplementary agreements as the need arises and is mutually agreed upon by the Liaison c:>mmittee in Section 5 (vi) of 'Ehe Agreement; and WHEREAS the Bruce Township - Ontario Hydro Laision Committee Road "Monitoring Program Final Report (hereinafter referred to as The Report), dated July 16, 1982, identified Lot A Sideroad between COncession IV and Concession VI as being the most seriously deficient of the road sections eKamined; and WHEREAS Ontario Hydro and the Corporation are desirous of entering into a supplementary agreement (hereinafter referre,'\ to as Revised Supplementary Agreement No.1) dealing with improvements to the Lot A Sideroad between c:>ncession IV and Concession VI; and WHEREAS the Corporation on the 7th day" of october, 1982, passed þylaw No. 82-17 authorizing the c:>rporation to enter into a supplementary agreement for such purposes upon such terms and conditions and the execution of Revised Supplementary Agreement No.1. NOW THEREFORE THIS INDENTURE WITNESSETH that for the considerations herein contained, the parties hereto covenant and agree as follows: -'...............',- - 2 - (1) Definitions (1) i) For the purpose of this agreement the following definitions shall apply: (a) "road" means Lot A Sideroad between COncession IV and COncession VI, identified as Section 29 on Figure 6.1 of The Report. (b) "improvements" means improving the surface width, surface and road alignment to permit an acceptable safe speed over the length of the road, improving the safety of the intersection of the road with Concession IV, and replacement of culvert 20031 as identified in The Report. (2) Specific Provisions (2) i) Ontario Hydro and the Corporation agree that the road improvements be carried out in accordance with the findings and recommendations of The Report. (2) ii,) Ontario Hydro agrees to reimburse the Corporation for BO percent of the costs of the road improvements incurred up to a maximum of $100,000. (2) iii) Ontario Hydro agrees to pay costs of surveying lands associated with the improvements up to a maximum of $2,000 and to convey the lands necessary to accomodate the improvements to the C:>rporation. The Oorporation agrees to pay the costs of land conveyancing. (2) iv) 'Itte Oorporation agrees to be responsible for tendering, contractor selection, contract management and any other activities associated with carrying out the improvements required to bring the road to the Corporation standards for a 32 foot platform. The Corporation will make the best possible effort to have the improvements completed before the 1982/1983 winter season, and in any event attempt to keep the road open for 1982/1983 winter traffic_ (2) v) The Corporation agrees to provide Ontario Hydro with a proposed program of improvement activities. If all improvements cannot be completed before the end of 1982, the work program should be reviewed and discussed by both parties_ (2) vi) Ontario Hydro agrees to accept tree stumps and large vegetation removed for the improvements. -~ - 3 - (3) Other Provisions (3) i) 'Itte Oorporation agrees that all claims related to past impacts on the road involving the BNPD, its workforce or other associated matters are released and discharged. (3) ii) Revised Supplementary Agreement No. 1 shall terminate on June 30, 1983. Ontario Hydro shall not be responsible for any direct costs above the limit specified in Sections 2(ii) and 2(iii). Ontario Hydro shall not be responsible for the cost of any road improvements if such costs are incurred and are chargeable after June 30, 1983. (3)iii) 'Itte 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 Oorporation 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)iv) 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) iii) Revised Supplementary Agreement No. 1 shall extend to, be binding upon and enure to the benefit of the successors and assigns of the parties hereto. ~ ...._~"~~- ..~-,._._---_._. ..., ---.-+ ",,~,!;~.... ."c~.;;.;;;:.:t.;· ~i" ,.., - 4 - IN WITNESS WHEREOF Ontario Hydro and the Cbrporation have caused this SUpplementary Agreement to be executed by the affixing of their Oorporate Seals attested by the signatures of their proper officers duly authorized in that behalf. ONTARIO HYDRO Executive Vice-President Secretary 'l"HE CORPORATION OF THE TOWNSHIP OF BRUCE Reeve Clerk