HomeMy WebLinkAbout82-129
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-lAW 82- 129
being a by-law to authorize the execution
of an Agreement with Ontario Hydro
The Council of the Corporation of the Town of Newcastle
HEREBY ENACTS AS FOLLOWS:
THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle and seal with
the Corporation Seal, an Agreement between Ontario Hydro and the
said Corporation, with respect to Supplementary Agreement No.8,
Heat Utilization.
By-law read a first and second time this 20
day of September 1982.
By-law read a third and final time this 20
day of September 1982.
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DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO.8
STUDIES. OF THE POTENTIAL FOR
HEAT UTILIZATION, DARLINGTON GS 'A'
THIS AGREE.."1ENT made in triplicate this 13ttday of December 1982
BE'lWEEN:
ONTARIO HYDRO
Hereinafter referred to as the -CORpORATION"
OF THE FIRST PART
- and -
THE REGIONAL MUNICIPALITY OF DUR~~
Hereinafter referred to as the -REGION"
OF THE SECOND PART
-and-
THE CORpORATION OF THE TOWN OF NEWCASTLE
Hereinafter referred to as the -TOWN-
OF THE THIRD PART
WHEREAS the Corporation and the TOwn have entered into an AgGeement
~ (hereinafter re'ferred to as the Newcastle Agreement), wi th respect to
the social, economic and financial impacts arising out of the
construction and operation of the Darlington Generating Station
(hereinafter referred to as the Station) on the TOwn dated March 22,
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AND WHEREAS the Corporation, the Region, and the Town have entered
into an Agreement (hereinafter referred to as the Regional Agreement)
with respect to the social, economic, and financial impacts a:ising
out of the construction and operation of the Station on the Region.
and the Town, dated August S, 1977:
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AND WHEREAS the Newcastle Agreement and the Regional Agreement
provide for the entering into of supplementary agreements between the
Corporation, the Region and the Town;
AND WHEREAS the Corporation, the Region and the Town are desirous of
entering into a supplementary agreement dealing with the provisions
of paragraph 6 of ~he Regional Agreement to be entitled Supplementary
Agreement No.8, Studies of the Potential for Heat Utilization,
Darlington GS 'A', regarding the possible utilization of heat
generated by the Station as an energy source for adjacent land uses:
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AND WHEREAS the Corporation and the Town have formed a Hydro Liaison
Committee, charged with the responsibility of overseeing the
implementation of the various agreements entered into between the
Corporation and the Town;
AND WHEREAS said Hydro Liaison Committee has appointed a
Sub-Committee for the purposes of entering into discussions on the
possible utilization of heat generated by the Station, hereinafter
referred to as the "Sub-Committee";
NOW, THEREFORE, WITNESSETH that in consideration of the covenants
~ hereinafter contained and for other good and valuable consideration,
the Corporation, the Region and the Town here~j agree as follows:
1. The Corporation, the Region and the Town aqree to Carry out a
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2. The Corporation, the Region and the Town, as represented by
the "Sub-Committee", are hereby charged with the
responsibility of preparing and approving terms of r~ference
for Conducting the study referred to by paragraph 1 above.
Said Committee is further charged with the responsibility of
monitoring the progress of the study.
3.
Without limiting the generality of the terms of reference, the
above-referenced study shall determine the social,
environmental and economic feasibility of heat utilization
from the Darlington Generating Station and shall include a
survey of potential users and an evaluation of the
availability of land suitable for the development of heat
utilization adjacent to Darlington Generating Station 'A'.
4. Upon acceptance of the recommendation of the "Sub-Committee",
the Town agrees to engage a consultant to carry out the
various tasks identified by the terms of reference.
5. The Corporation agrees to fund.the consultant's costs
associated with the preparation of the above-referenced study
to a maximum amount of $35,000. This amount, subject to the
consent of the parties, may be increa~ed if there is a
recommendation to increas~ the amou~t by the Hydro Liaison
Committee after the consultant's proposals for the conduct of
the study have been received and considered. Any amounts
expended are to be drawn from Station Account 'B'.'
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6. The Corporation agrees to reimburse the Region for all
reasonable administr'ative costs including all staff time and
related expenses associated with participation in the
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7. The Corporation a~rees to reimburse the Town for all
reasonable aeministrative costs including all staff time and
related expenses associated with participation in the
from Station Account '13'.
implementation of.the agreement. Such funds are to be drawn
8.
The Corporation will provide technical engineering assistance
and guidance to the consultan~ in the preparation of the study
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referred to by paragraph 1 above.
9; The Corporation agrees to enter into discussions with the Town
and the Region and/or private owners on the possible
implementaticm of the recommendations arising from the study
referred to by paragraph 1 above.
10.
The recitals mentioned in this Agreement form part of this
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agreement.
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IN WITNESS WHEREOF the parties have hereto affixed their corporate
seals by the hands of their proper signing officers duly authorized.
in tha t behalf.
OIITA.RI:; llYDRO
SIGNE~'SEALED AND DELIVERED)
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ONrRIO ~YRO _
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se~retary '\
THE REGIONAL MUNICIPALITY OF DURHAM
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. CHAIRMAN
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THE- CORroRATION OF THE TOWN OF
NE'">'iCASTT,.E, (
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DATED I
13 D~
1982
8E'lWEENa
ONTARIO HYDRO
- and ..
THE REGIONAL MUNICIPALITY OF DURHAM
- and -
THE CORpORATION OF THE 'roWN OF NEWCAST.LE
DARLING'roN GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. 8
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOBlJO
File: PLN 26
II
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DARLINGTON GENERATING STATION
AMENDMENT TO SUPPLEMENTARY AGREEMENT NO.8
STUDIES OF THE POTENTIAL FOR HEAT UTILIZATION, DARLINGTON GS · A'
27th
THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS
BETWEEN:
- and -
- and -
1983.
April,
ONTARIO HYDRO,
Hereinafter referred to as the "CORPORATION"
OF THE FIRST PART
THE REGIONAL MUNICIPALITY OF DURHAM,
Hareinafter referred to as the "REGION"
OF THE SECOND PARr
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hareinafter referred to as the "TOWN"
OF THE THIRD PARr
DAY OF
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WHEREAS the O:>%poration, the Region and the 'lbwn have entered into an
Agreement (hereinafter referred to as "Supplementary Agreement No.8")
with respect to studies of the potential for heat utilization,
Darlington Generation Station 'A';
AND WHEREAS the parties hereto agree to amend the aforesaid Supplementary
Agreement No.8;
NOW THEREFORE, in consideration of the mutual agreements, covenants and
provisions contained herein, the parties hereto agree as follows:
1.
Supplementary Agreement No.8, between the Corporation, the
Region and the 'lbwn, is hereby amended by deleting paragraph 10
thereof in its entirety, and inserting the fOllowing new
paragraph 10.
"10. The Corporation, the Region and the Town agree that
there is a need to undertake the preparation and
publication of data relating to the Community in order that
potential clients of heat utilization can be provided with
a prospectus which sets forth the social and industrial
components which make up the Cbmmunity of Newcastle. Such
prospectus should include the following in pictorial and
written fo:t11\s:
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i) General pictures of the community.
ii) Map showing the Regional Official Plan Land Use
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Designations, and the location of Darlington
Generating Station 'A'.
CUltural and recreation facilities;
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iv) Data on population and other vitae;
v)
vi)
vii)
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ix)
x)
xi)
Educational facilities;
Transportation systems available;
Industrial development;
COmme rc e in the COmmunity;
Housing;
Farm servicing industry;
Agricultural production.
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'!be Qnporation agrees to pay from Station Account liB" up
to Fifteen Thousand Dollars ($15,000) for the preparation
and publication of the prospectus of the Tbwn of
Newcastle. Upon the recommendation of the Sub-Committee
the Town agrees to engage a consultant to carry out the
preparation of a prospectus."
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2.
Supplementary Agreement No. 8 is hereby further amended by
adding thereto a new paragraph 11, as follows:
"11. '!be recitals mentioned in this Agreement form part of
this Agreement." '
IN WITNESS WHEREOF the parties have hereto affixed their corporate seals
by the hands of their proper signing officers, duly authorized in that
behalf.
SIGNED, SEALED AND DELIVERED
ONTARIO HYDRO
In the Presence of:
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ONTARIO HYDRO
Secretary
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THE REGIONAL MUNICIPALITY OF
DURHAM ~p ~
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CHAIRMAN
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CLERK
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THE CORPORATION OF THE TOWN OF
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MAYOR
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CLERK
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DATED ;J. 7 IJ fR... I L-
1983.
8 E T WEE N:
ONTARIO HYDRO
- and -
THE REGIONAL MUNICIPALITY
OF DURHAM II
- and I
THE CORPORATION OF THE
TOWN OF NEWCASTLE
DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. 8
AMENDING AGREEMENT
V'
DARLINGTON GENERATING STATION
AMENDMENT TO SUPPLEMENTARY AGREEMENT NO.8, AS AMENDED
STUDIES Of THE POTENTIAL FOR HEAT UTILIZATION, DARLINGTON GS lA'
THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS
30th
DAY Of
November, 1983.
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BETWEEN:
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-and-
ONTARIO HYDRO,
Hereinafter referred to as the "CORPORATIONII
OF THE FIRST PART
THE REGIONAL MUNICIPALITY OF DURHAM,
Hereinafter referred to as the "REGION"
OF THE SECOND PART.
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WHEREAS the Corporation, the Region, and the Town have entered into an Agreement
(hereinafter referred to as "Suppl~mentary Agreement No.8;), as amende-d on the
27th of April, 1983, with respect to studies of the potential for heat
utilization, Darlington Generating Station 'AI;
AND WHEREAS the parties hereto agree to further amend the aforesaid Supplementary
Agreement No.8, as amended;
NOW THEREFORE, in consideration of the mutual agreements, covenants and
provisions contained herein, the parties hereto agree as follows:
1. Supplementary Agreement No.8, as amended, between the Corporation, the
Region, and -the Town, is hereby further amended by deleting paragraph 11
thereof in its entirety, and inserting the following new paragraph 11.
"11. The Corporation, the Region, and the Town agree that there is a need
to undertake the prepal"ation and publication of data relating to the
Region in order that potential clients of heat utilization can be
provided with a prospectus which sets forth the physical, social and
economic components .which make up the Durham Region. Such
prospectus should include the following in pictorial and written
forms:
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i) General Regional Overview;
ii) Regional Official Plan Land Use Designations, and the
location of Darlington Generating Station IAI;
iii) Regional Services;
iv) Economic Base, including an inventory of industrial
development within the Region;
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v) Transportation;
vi) Demographic Profile;
vii) Housing;
viii) Cultural and Recreational facilities;
{x) . Education; and
x} Health and Safety.
The Corporation agrees to pay from Station Account "B" up to Thi rty
Thousand Dollars ($30,000) for the preparation and publication of
the prospectus of the Durham Region. Upon the recommendation of the
Sub-Committee the Region agrees to engage a consultant to carry out
the preparation of a prospectus with the assistance of Regional
staff. II
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2. Supplementary Agreement No.8 is hereby further amended by adding thereto a
new paragraph 12, as follows:
1112. The reci tal s mentioned in thi s Agreement fonn part of thi s
Agreement. II
IN WITNESS WHEREOF the parties have thereto affixed their corporate seals by the
hands of their proper signing officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
In the presence of
ONTARIO HYDRO
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ONTARIO HYDRO
~~
. CRETARY
THE REGIONAL MUNICIPALITY OF DURHAM
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~ . CHAIRMAN
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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. A'c-fjAJ, MAYOR
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. . CLERK
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DATED '3 D NotJE-mb er- 1983
BETWEEN:
ONTARIO HYDRO
... and ...
THE REGIONAL MUNICIPALITY OF DURHAM
- and ...
THE CORPORATION OF THE TOWN OF
NEWCASTLE
DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO.8
AMENDING AGREEMENT
..
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DARLINGTON GENERATING STATION
(
AMENDMENT TO SUPPLEMENTARY AGREEMENT NO.8, AS AMENDED
STUDIES OF THE POTENTIAL FOR HEAT UTILIZATION, DARLINGTON GS 'A'
THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS ~
DAY OF
Kld..-clV
-
198:, .
BETWEEN:
ONTARIO HYDRO,
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Hereinafter referred to as the "CORPORATION"
OF THE.FIRST PART
-and-
THE REGIONAL MUNICIPALITY OF DURHAM,
Hereinafter referred to as the "REGION"
,dO"
OF THE SECOND PART
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-and-
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter referred to as the "TOlm"
OF THE THIRD PART
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WHEREAS the Corporation, the Region and the Town have entered into
an Agreement dated December 13, 1982 (hereinafter referred to
as Supplementary Agreement No. 8i), as amended on the 27th of
April, 1983 and on the 30th November, 1983, with respect to
studies of the potential for heat utilization, Darlington
Generating Station 'A'i
AND WHEREAS the parties hereto agree to further amend the aforesaid
Supplementary Agreement No.8, as amended;
NOW THEREFORE, in consideration of the mutual agreements, covenants
and provisions contained herein, the parties hereto agree as follows:
"I. Supplementary Agreement No.8, as amended, between
the Corporation, the Region and the Town, is hereby
further amended by deleting the words and figures Thirty
Thousand Dollars ($30,000.00) in paragraph 11 and
inserting the words and figures Forty-one Thousand
/
Dollars ($41,000.00) in lieu thereof."
IN WITNESS WHEREOF the parties have thereto affixed their corporate
seals by the hands of their proper signing officers, duly
authorized in that behalf.
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SIGNED, SEALED AND DELIVERED
In the presence of
ONTAF;l~ ":':!'~'1
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SECRETARY
THE REGIONAL MUNICIPALITY OF DURHAM
~~#~~
~ v' CHAIRMAN
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THE CORPORATION OF THE TOWN
OF. NEWCASTLE
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- MAYOR
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~ CLERK
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DATED ;JI t1./VC-~ ;1 (J
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BETWEEN:
ONTARIO HYDRO
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. a
AMENDING AGREEMEN~
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TO WHOM IT MAY CONCERN:
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Attached is an amendment to Supplementary A9reement No. 8 of the
tripartite Ontario Hydro/Town of Newcastle/Re9ion of Durham
Darlington Generating Station Community Impact A9reement.
,/
A~ this is thE fourth amendment to th~ said Supplementary A9reement
Nc.". S, originally signed on December 13, 1982, thi~ Supplementary
shall be known as No. a, Amendment No.4.
Retroactively, the amendment si9ned April 27, 1983 shall be known
as No.8, Amendment ~o. 1. The Amendment si9nec on
November 30, 1983 shall be known as No.8, Amendment No.2, and the
Amendment si9nec on March 20, 1985 shall be kno~~ as No.8, Amendment
No.3.
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DARLINGTON GENERATING STATION
~ENDMENT TO SUPPLEMENTARY AGREEMENT NO.8, AS AMENDED
STUDIES OF THE POTENTIAL FOR HEAT UTILIZATION, DARLINGTON G.S. 'A'
THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS
FEBRUARY 19 85.
27th
DAY OF
BETWEEN:
O~TA~IO HYDRO,
Hereinafter referred to as the "CORPORATION"
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter referred to as the "TOWN"
OF THE SECOND PART
-and-
THE REGIONAL MUNICIPALITY OF DURF-AM,
Hereinafter referred to as the "REGION"
OF THE THIRD PART
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WHEREAS the Corpora~ion, the Town, and the Region have entered
into an Agreement (~ereinafter referred to as "Supplementary
Agreement No. 8:),.as amended on the 27th o~ April 1983, the
30th of November, 1983, and on the 20th of March, ~ 1985,
wi~h respect ~o studies of the potential for heat utilization,
Darlingto~ Generat~ng Station 'A';
/-
k~D WHEREAS the parties hereto agree to further amend the
aforesaid Supplementary Agreement No.8, as amended;
-
NOW THEREFORE, in consideration of the mutual agreements,
covenants and provisions contained herein, .the parties
hereto agree as follows:
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1. Supp 1 ementa ry Agreement No.8, as amended, between the
Corporation, the Town, and the Region, is hereby further
amended by inserting in paragraph 5 the words ~and
implementation" between the words "preparation" and
"of the above-referenced study" and deleting the figures
$35,000 in paragraph 5 and inserting the words and figures
Seventy-nine Thousand Dollars ($79,000) in lieu thereof.
IN WITNESS WHEREOF the parties have thereto affixed their
.
corporate seals by the hands of their proper signing officers,
duly authorized in that behalf.
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SIG~ED, SEALE~ AND DELIVERED )
In ~~e presence of )
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ONTAR!O l!YDRO
JL0.l
Secretary
THE CORPORATION OF THE
TOWN OF NEWCASTLE
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Cler.<'
THE REGIONAL MUNICIPALITY
OF D~.R..'iAM
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Cha!~Cl.n
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Clerk
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DARLINGTON GENERATING STATION
~lENDMENT NO. 5 TO SUPPLEMENTARY AGREEMENT NO.8, AS AMENDED
STUDIES OF THE POTENTIAL FOR HEAT UTILIZATION
DARLINGTON G.S. 'A'
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THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS ,1'f1\.; DAY OF
-
1980.
BETWEEN:
- and -
- and -
ONTARIO HYDRO,
Hereinafter referred to as the "Corporation"
OF T~ FIRST PART
THE CORPORATION OF THE TOWN OF NEWCASTLE,
Hereinafter referred to a$ the "Town"
OF THE SECOND PART
THE REGIONAL MUNICIPALITY OF DURHAM,
Hereinafter referred to as the "Region"
OF THE THIRD PART
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WHEREAS the Corporation, the Town, and the Region have entered
into an Agreement (hereinafter referred to as "Supplementary
Agreement No.8"), as amended on the 27th of April 1983, the
30th of November, 1983, the 20th of March 1985, and on the 27th
of February 1985, with respect to studies of the potential of
heat utilization, Darlington Generating Station 'AI;
AND WHEREAS the parties hereto agree to further amend the
aforesaid Supplementary Agreement No.8, as amended;
,
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NOW THEREFORE, in consideration_._Q....fth_e. mutual agreements,
covenants and provisions contained herein, the parties
hereto agree as follows:
1. Supplementary Agreement No.8, as amended, between the
Corporation, the Town, and the Region, is hereby further
amended by ~eleting paragraph 12 thereof in its entirety,
and inserting the following 'new paragraph 12:
12. The Corporation, the Region and the Town agree that
there is a need to undertake the preparation of audio-
visual presentation material relating to the Region and
to publicize by adverti'sing the availabili ty of both
printed and audio-visual material in order that potential
clients of heat utilization are made aware of the physical,
social and economic components of the Durham Region.
. . . . Page 3
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The Corporation agrees to pay from Station Account
\B~ up to Thirty-Five Thousand dollars ($35,000)
for the preparation of audio-visual material on the
Durham Region and for the publicity and advertising
of the availability and advantages of Durham Region
development sites particularly as they relate to the
use of heat energy from Darlington G.S. ~ayment
will be made to the Region upon receipt by the
,
...
Corporation of appropriate invoices.
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2. Supplementary Agreement No. 8 is hereby amended by adding
hereto a new paragraph 13, as follows:
13. The recitals mentioned in this Agreement form part
of this Agreement.
IN WITNESS WHEREOF the parties have thereto affixed their
~, co~porate seals by the hands of their proper signing officers,
duly authorized in that behalf.
....Page 4
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DARLINGTON GENERATING STATION
I"
AMENDMENT NO.6 TO SUPPLEMENTARY AGREEMENT NO.8, AS AMENDED
STUDIES OF THE POTENTIAL FOR HEAT UTILIZATION
DARLINGTON G.S. 'A'
THIS AMENDING AGREEMENT MADE IN TRIPLICATE THIS 12th DAY OF
June
19 8&
BETWEEN:
ONTARIO HYDRO,
Hereinafter referred to as the "Corporation"
OF' THE FIRST PART
-and-
THE CORPORATION OF THE TOHN OF NEtvCASTLE,
Hereinafter referred to as the "Town"
OF THE SECOND PART
-and-
["
TIlE REGIONAL I>1UNICIPALI'I'Y OF DURIil\M,
Hereinafter referred to as the "Region"
OF THE THIRD PART
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miEREAS the Corporation, the Town, and the Region have entered
into an Agreement (hereinafter referred to as "Supplementary
Agreement No.8"), as amended on the 27th of April 1983, the
30th of November, 1983, the 20th of March 1985, the 27th
of February 1985 and the 14th of November 1985, with respect to
studies of the potential of heat utilization, Darlington
Generating Station 'A'i
AND WHEREAS the oarties hereto agree to further amend the
or
aforesaid Supplementary Agreement No.8, as amendedi
NOW THEREFORE, in consideration of the mutual agreements,
covenants and provisions contained herein, the parties
hereto agree as follows:
I.' . Supplementary Agreement No.8, ati amended, between the
corporation, the Town, and the Region, is hereby further
amended by deleting paragraph 13 thereof in its entirety,
and inserting the following new paragraph 13:
13. The Corporation, the Region and the Town agree that
energy pricing, financial analysis and energy park
co~c~pt planning for the Darlington Energy Park
should be continued by the "Darlington Energy Park
Task Force" replacing the heat utilization "Sub-
... '.
Committee" as mentioned in the body of this
. . . . . . Page 3
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supplementary Agreement. This "Darlington Energy
Park Task Force" will have represenLation from the
Town, the Region and the Corporation and is
appointed by the Hydro Liais.-m Comrni ttee. Funds
for consultant's costs to assist the "Darlington
Energy Park Task Force" in its above mentioned tasks
will be drawn from Station Account 'B' to a maximum
of $22,300.
2. Supplementary Agreement No. 8 is hereby amended by adding
hereto a new paragraph 14, as follows:
14. The recitals mentioned in this Agreement form part
of this Agreement.
IN ~ITNESS WHEREOF the parties have thereto affixed their
corporate seals by the hands of their proper signing officers,
duly authorized in that behalf.
.....Page 4
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SIGNED, SEALED AND DELIVERED
In the presence of
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