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Home My WebLink AboutBRU 82 015 agree ont hydro #1 :..:~.~. - . < t· ~~ - ~ - CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 82-15 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 #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 eKecute 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 FIRST day of SEPTEMBER, 1982. By-law read a Second time this FIRST day of SEPTEMBER, 1982. By-law read a Third time and finally passed, 82-15 this FIRST day of SEPTEMBER, 1982. signed, sealed and numbered It#- o CLERK j£-J-J~-r ~-- REEVE SEAL - ~ - ,~ ..-- _'-"<--'_.'~'"~""~'_.'-~,~-""",:^,~",,,,~- - Bruce Nuclear Power Development Supplementary Aqreement '1 THIS AGREEMENT made in duplicate this BETWEEN FIRST day oLSEØI'EJ:ðBER, 1982 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 (herinafter referred to as "The 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 Committee in Section 5 (vi) of The 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 examined; and WHEREAS Ontario Hydro and the Corporation are desirous of entering into a supplementary agreement (hereinafter referred to as Supplementary Agreement No.1) dealing with improvements to the Lot A Side road between Concession IV and Concession VI; and WHEREAS the Corporation on the FIRST day of SEPTEMBER , 1982, passed bylaw No. 82-15 authorizing the Corporation to enter into a supplementary agreement for such purposes upon such terms and conditions and the execution of Supplementary Agreement No.1. NOW THEREFORE THIS INDENTURE WITNESSETH that for the considerations herein contained, the parties hereto covenant and agree as follows: . . ,-~ - r.: - 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 costs of the road improvements incurred in 1982 to a maximum of $100,000. (2) iii) Ontario Hydro agrees to pay costs of surveying lands associated with the improvements up tb a maximum of $2,000 and to convey the lands necessary to accomodate the improvements to the Corporation. The Corporation agrees to pay the costs of land conveyancing. (2) iv) The Corporation 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. (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) The Corporation agrees that the road will be available for use by BNPD employees and guarantees that the road will be clear for 1982/1983 winter traffic not withstanding that the improvement program may continue into 1983. (2) vii) Ontario Hydro agrees to accept tree stumps and large vegetation removed for the improvements. . --"---.....--. ;.~ - 3 - (3) Other Provisions , (3) i) The Corporation agrees thaI all claims related to past impacts on the road involving the BNPD, its workforce or other associated matters are released and discharged. (3) ii) Supplementary Agreement No. 1 shall terminate on December 31, 1982. Ontario Hydro shall not be responsible for any 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 ,December 31, 1982. (3)iii) 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) 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) Hi) Supplementary Agreement No.1 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. ONTARIO HYDRO Executive Vice-President Secretary THE CORPORATION OF THE TOWNSHIP OF BRUCE Reeve . ~ Clerk J. it- ""'y'""",, ; -;1- .. T HIS A G R E E MEN I' made this 31st day of May, 1ge2. BET WEE N: THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called "THE HOST CORPORATION" - and - BRUCE ENERCY CENTRE DEVELOPMENT CORPORATION, BRUCE THERMAL UTILITY CORPORATION and KINCARDINE BY-PRODUCT POWER CORPORATION herei na ner colI ecti vely called "THE DEVELOPER" WHEREAS tht! Ut!vt!lopt!r is " grou!, of corporations established to develop lands, di::>triLute energy in Vdrlous forms, and engage in other activities, and are the owners of lands within the boundaries of the Host Corporation. AND WHEREAS tht! Devcdo[Jer has made application to the Host Corporation for a francrÜ::¡e tor the sale and ILi.str ibution of stearn and other matter within the boundaries at the Host Cor[~ration and in addition is desirous of having lands zoned to permit uses utJün such lands which uses are not now permitted. AND WHEREAS the LJevdu!'t!' hdS d!,pl ied or will be applying formally to the Host Corporation for the passing ot tht! necessary official plan amendments and restricted art!a (zonil~) by-law to permit the uses proposed by the Developer and in addition may requir"e consideration of environmental impact. AND WHEREAS the Host Cor~ratiun is desirous of co-operating with the Developer in an effort to credte irJ ao orderly manner a development consistent with the statement in amendment numbt!r 1 ot the Bruce Planning Area Official Plan as modified. - re ~ , i . . """"""10,,___. - 3 - Nuw l'!it:.:Et ('''J ,I) UII:.,Ldet..JtIC'j, I fit:: lHuLual [>.:11 (I,' , , COVI¡;¡:[élnt~ dud )r(Jnu:-'t_~:--j Ill" "-" i I' I (Jll()w:;: ;¡j],¡III' I ,1'!1 1. 'l'ht Hu~t ·Utl'UJ..il LÚ¡ .',j).!Ji ,JI Lt(· ~'XI'UIìSl' ot t lit.:; n(~\J,·lljl.JL·r enydye ('onsultctnts tnr-til'witL I1JI.'' tilt, l~Xl'(oJtj'JII 1\'reu1 t'j c!dV.l;,·je tH !J(J'.l Corpuration in .:ill ¡e:;!,et:t:;.., pell,lllll1JY I·:. 111l.~ WlllJJe cli¡d/..JC .tJ;v '.tr-r ()f tile development prop{)~ed l.,\' the IJeve!ol¡tl, d'.\ wltlillut limltilL'1 II" eneLd.l1 t'y of the foregolnq, 111 IJdJlll'UJ.ll Ce, ,UldJ'(Zl dtlLl l;únuneJJt Ilr-"'JJ 1df' ¡Hlpu 1 statement, maJ..1I re~n.t t dút t:d t'eLrudry j '18::, lŒef-idred t)y J\..c.te:-~ "'OJlsùl tiny SeI.vice~ L~nlited, advJst· un dny ctfJIJ1.lt al il)[:¡S iur Ct:-¿;nnijl'J ,If :,.H¡d;:." ..:tl-:'!:Jl ìCdt lon::; tOl dþprOVaJ ot :::H:::VeL J.lto...:e::-ì LlJ1U/O} d(-,l,nJva 1 ot dl d. ft. plan ()J plans of ::.;ubdl.v1.s.lon, dd\/Ü:;¿ 1.11 respect tu IUdttelS ded i.1LY W.Ltt. },-Jii-'--:" I.d";: construction, trdnchiB1.n~, dnd/uI-" l1celH"ínq, dl!d prepdr~ !llt .J.uo ,-tllt:nd ..1.11. hearing::.; b~fot"é <.illY lrjiJuH..ds requl~¡Le tu ubtdllìlJl{ ultllU,J.Le ,lpf--·t:,v'dl; ie'l aJ.1 such rod tt.en;. 2. 'fht:':' HU~it C:oq)UJdL10Il .sÌl~dl UV0!l the execution heleoJ 11l1tLHt Ir. consultation wi Ltl lht::: l:uunty of l:Ü'uce, the l'rovincé at Ontdrio and Ontdl H.J Hydro, amendment::; to UH~ Ut t lcicd }J ldll uf l-Ile Bruce Planliiny Area and the offlcial plan in effect In the Ldkeshon:~ Planning Area. Th.:: Host Corporation mdY ffidke avpl.lcdl.iun~; CUI yrants, contribution and filldBcial assist¿¡(Jce tur the prepal'aliulI of CÜIlleJllJd,lLed amendments. The Developer sÌld.l] j¡l~ rt:!sponsìble tor the dctudl ex.p~~nsé of the Host Corporatiun iIl ulJch::~rl II', ill'l '11'1 Ünplenlenting such dmt~HdIllellL ur amendments. The consultdllts eflljdqe<.1 ¡'y I. t,t Host Corporation shall segregate their charges relative to the val lOU.~ ,'¡l'i contemplated by this Agreement so as t.u ÿl.ve a proper chdrye fUJ: ettutt expended on ut'flCidl plctH alHendnH:~nts. 3. 'l'he Hu~;t C~·HIul.tLlutl d.lld the l.J...~veloper shctll cctUSl: theIr CUII:~,lll <JII!~, and other:::> employ(d by ttlel1l Lt, COIlU£ll1l!jl,:dte with one d.nother in an el fOI:t I" maint.ain au effi(;~ent l.iuw uf jlltlHîHdt. It)(i so as t.o eX!Jedite ail ItkJr 1.1....:1~, ~- ~ - - - t ~ , l I "/ . . -4- J ~ -3- 4. The Developer shall deposit with the Host Corporation in addition to any cash deposits already given the sum of Eighty Thousand Dollars ($80,000.00) payable $20,000.00 June 1, 1982, $20,000.00 July 1, 1982, $20,000.00 on August 1, 1982 and $20,000.00 on September 1, 1982. The Host Corporation shall maintain such deposits in an interest bearing account at a chartered bank or trust company with interest accruing to the benefit of the Developer. Monthly or as oftt!n as the Host Corporation settles its accounts, funds shall be withdrawn trom the special deposit account to reimburse the Host Corporation for its expenses incurred. Upon the special account being depleted, the Develoµer shall deposit with the Host Corporation the amount which the Host Cor~oration contemplates will be required to cover its expenses for the works contemplated by this Agreement. In addition to the payment to its consultants the fu)st Corporation shall be entitled to reimburse itself for reasonable administrative charges and expenses of special Council meetings and direct co~t ot employees engaged in any work contemplated by this agreement as well dS its direct costs or expenses howsoever incurred. 5. It is understood and agreed that this agreement is a preliminary agreement to identify areas of rt!sponsibilily of the parties and is not to be construed as a final ayreernent between the ~arties enabling development or otherwise. It is expressly ctyreed that further development agreements are t ~ contemplated leading to and resulting from the ultimate approvals being sought or requisite fUL development to proceed. I ~ 6. It is further understood and agreed that nothing in this agreement shall be construed as support by the Host Corporation to any specific proposal or proposals but simply stands to illustrate that consideration will be given to any proposal or ~roposals submitted by the Developer, and that such consideration will be expeditious. ¡. r ·' -5- 1 , -4- 7. For the purposes of this Agreement "actual expense" shall mean the net cost to the Host Corporation allowing for contributions from others for the works contemplated by this Agreement. The Host Corporation shall by the 25th day of every month provide to the Developer a detailed statement of the expenses incurred up to the first Wednesday of such month. WITNESS the corporate seals of the parties hereto attested by the hands of their proper officers in this respect duly authorized. THE CORPORATION OF THE TOWNSHIP OF BRUCE per: Reeve per: Clerk BRUCE ENERGY CENTRE DEVELOPMENT CORPORATION per: per: j J BRUCE THERMAL UTILITY CORPORATION per: per: KINCARDINE BY-PRODUCT POWER CORPORATION . 1 per: per: , --