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HomeMy WebLinkAbout93-170 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93 170 Being a by-law to authorize the execution of an Agreement between the Municipality of Clarington and Ontario Hydro respecting the Darlington Nuclear Generating Station. WHEREAS Council has approved Report ADMIN. 9-93: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk of the Corporation of the Municipality of Clarington are hereby authorized to execute an Agreement with Ontario Hydro substantially in the form of the Agreement contained in Appendix 1 attached to and forming part of this by-law. By-law read a first and second time this 25th day of October 1993 . By-law read a third time and finally passed this 25th day of October 1993. Ma Y or er] ° SCHEDULE "III" MUTUAL RELEASE THESE PRESENTS WYTNESSETH that in consideration of the mutual covenants herein contained and the payment of good and valuable consideration (the receipt and sufficiency of which is hereby irrevocably acknowledged), the parties do hereby release each other and their successors and assigns, as the case may be, from all sums of money, debts, dues, contracts, agreements, covenants, proceedings, claims and demands whatsoever which have arisen out of the construction of the Darlington Nuclear Generating Station of Ontario Hydro and, without limiting the generality of the foregoing, The Corporation of the Municipality of Clarington specifically releases Ontario Hydro from; (1) all claims and demands whatsoever arising out of an arbitration commenced by the said Corporation of the Municipality of Clarington by way of Notice of Arbitration dated the 8th day of November, 1991; (2) all claims and demands relating to any building code issues arising out of the said construction of the Darlington Nuclear Generating Station; (3) all claims and demands arising out of the community impact agreement between the parties dated March 22, 1977; (Q) all claims and demands arising out of the community impact agreement between the parties and The Corporation of the Regional Municipality of Durham, dated August 8, 1977; and (S) all claims and demands arising out of Minutes of Settlement dated the 21st day of September, 1989, between the parties. IN WITNESS WHEREOF the parties have executed this agreement under the hands of persons duly authorized on their behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: M or Per: Cle Date: NOVEMBER 25, 1993 ON'T'ARIO HYD O Per: Per. Date: ���'��✓ �� r � t •'Shibley Righton - 2 - 3. Permits 910119 and 920523 - Lunch Room B was not ready for final inspection since a number of items remain to be corrected. 4. Permit 920412 - The Security Trailer had not been started on 92/05/20. No further inspection has taken place. 5. Permit 910143 - On 92/05/20 the Platform in the D20 had not been started. 6. Permit 920514 - The TRF Annex Building was inspected on 93/04/30. The fire separation had been changed by Hydro. Details have not been provided to the Municipality. An Occupancy Permit has not been issued. 7. A Building Permit has not been issued for Room 5A148 in the CSA Building. A Building Permit for the Security Guardhouse was issued on October 6, 1993. A Building Permit for the Tool Cribs has not been issued yet but will be issued in the near future. Could you review the accuracy of the above information with Hydro staff and give me a call concerning it. Yours truly, Dennis Hefferon DH/dd cc Howard Wight Municipality of Clarington CLARINGTON-HYDRO AGREEMENT THIS AGREEMENT made in duplicate as of this 27th day of October, 1993. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") - and - ONTARIO HYDRO ("Hydro") WHEREAS: A. The Municipality and Hydro wish to settle certain building code issues which currently are the subject of arbitration proceedings. B. The Municipality and Hydro desire to make suitable provision for municipal fire protection services to be made available to the Darlington Nuclear Generation Station ('Darlington"). C. The Municipality and Hydro have agreed that subject to paragraph 9 herein, upon the effective date of this Agreement, the Community Impact Agreement between The Corporation of the Town of Newcastle and Hydro dated March 22, 1977 (the "Impact Agreement") shall be deemed to be performed. ` -2- D. The name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Clarington by the Regional Municipality of Durham Amendment Act (Newcastle-Clarington), 1993. E. The Municipality and Hydro contemplate the execution of an agreement (the "Tri- Partite Agreement") between them and The Corporation of the Regional Municipality of Durham (the "Region") respecting the provisions of the Impact Agreement which deal with funds deposited in Station Account A and certain other matters. A copy of the Tri-Partite Agreement is contained in Schedule I hereto. F. The Tri-Partite Agreement contemplates that it will come into effect and be binding on the parties thereto on the later to occur of the date of execution of the Tri-Partite Agreement by the parties thereto and the date of execution of this Agreement by the parties hereto in accordance with the provisions of the respective Agreements. G. The Municipality and Hydro have agreed that this Agreement will come into effect on the later to occur of the date of execution of this Agreement by the parties hereto and the date of execution of the Tri-Partite Agreement in accordance with the provisions of the respective Agreements. NOW THEREFORE, the Municipality and Hydro hereby agree, in consideration of the provisions hereinafter contained, and other good and valuable consideration, as follows: I. Building Code 1.(i) All outstanding building code and permit issues contemplated in the arbitration process contemplated by the Impact Agreement and the Minutes of Settlement dated September 22, 1989 between The Corporation of the Town of Newcastle and Hydro (the "Minutes") including issues arising since T t -3- the date of the Minutes save and except those items identified in a letter from Mr. Dennis Hefferon to Mr. I.G.B. Motherwell dated October 8, 1993, a copy of which is contained in Schedule IV hereto, are hereby resolved without admission of liability by either party on the merits of any position advanced by either party in the Minutes, the arbitration process or otherwise. The parties agree that the total amount of principal and interest held in escrow by the Royal Trust Company (Royal Trust) under an Escrow Agreement dated October 19, 1989 shall be paid to the Municipality in accordance with paragraph 5 hereof. (ii) Except in respect of a matter that is the subject of valid legislation, regulation, order, or direction enacted or made by the Parliament of Canada, a Minister of the Crown in Right of Canada, a Canada Crown Agency, Federal Department Board or other body, or a person authorized by any of them to make the order or direction, in any proceeding arising under or to enforce the provisions of the Municipality's Building By-law, Hydro will not contend that the Building Code Act, S.O. 1992 c.23 and its regulations do not apply in respect of Darlington or any building constructed or to be constructed thereon on the ground that the construction and/or operation of Darlington or any building thereon is a matter within the exclusive jurisdiction of the Parliament of Canada. 2. The Municipality confirms, except to the extent set forth in Schedule IV, that as of the effective date of this Agreement Hydro has been granted all relevant building and occupancy permits in respect of all buildings all listed in Schedule II hereto in accordance with the provisions of both the Building Code Act and its regulations as well as all the Municipality's Building By-law. Hydro confirms that all monies paid by it to the Municipality on account of building permit fees are not recoverable from the Municipality. ' f T t . -4- 3. The Municipality and Hydro agree that in respect of any future applications made by Hydro under the Building Code Act and its regulations and the Municipality's Building By-law as enacted or amended from time to time pursuant to the Building Code Act in respect of buildings at Darlington: (i) equipment shall not be considered as part of a building; and (ii) for purposes of determining the value of the construction of a building under the Building Code Act and its regulations and the Municipality's Building By-law, value shall not include the actual or imputed cost to Hydro of borrowing money to fund the design, construction and/or servicing of any such building. 4. The Municipality and Hydro agree to establish a building code co-ordination committee (the "Committee") comprising two (2) members of whom one (1) member shall be the Municipality's Director of Planning and Development or his designate and one (1) member shall be appointed by Hydro. The Committee shall advise the Municipality's Chief Building Official regarding any building permit applications which may be made by Hydro under the Building Code Act and its regulations and the Municipality's Building By-law, in respect of buildings at Darlington. The Hydro representative shall be appointed by Hydro's Darlington Director who may replace Hydro's representative from time to time. The Committee shall meet from time to time at the written request of either member given to the other member of the Committee, which request shall be given not less than five (5) days before the requested meeting. Each meeting of the Committee shall be held at the Municipality's Administrative Centre. -5- 5. Within fifteen (15) days from the effective date of this Agreement the Municipality and Hydro will jointly: (i) formally withdraw from the arbitration dispute process referred to in clause 1(i) of this Agreement; (ii) provide to each other full reciprocal releases in respect of issues raised in the process referred to in clause 1(i) of this Agreement in the form attached hereto as Schedule III; and (iii) apply to Royal Trust for release of the principal amount of Two Million($2,000,000.00) Dollars together with interest accruing thereon held by Royal Trust in escrow under the Escrow Agreement with direction to pay all monies in the escrow account to the Municipality for its sole use. II. Fire 6. No later than January 1, 1995, subject to Force Majeure (as hereafter defined), the Municipality will assume and thereafter maintain the provision of Twenty-Four (24) Hour Coverage (as hereafter defined), for Darlington. Hydro will continue to provide, at its expense, primary fire protection responsibility at Darlington until the commencement of Twenty-Four (24) Hour Coverage by the Municipality. Notwithstanding the foregoing, it is understood by the parties that at all times after the effective date of this Agreement Hydro will have available at Darlington at its expense not fewer than eleven (11) emergency personnel or such number as may be required by the Atomic Energy Control Board of Canada, who are fully trained and are assigned by Hydro to deal with emergencies that involve or may involve t -6- contamination caused by the leakage of radioactive substances or gases at Darlington and where a fire has or may occur, to work with the Municipality's fire fighters in abating the emergency. 7. Twenty-Four (24) Hour Coverage for purposes of this Agreement is the provision by the Municipality of fire protection service for Darlington and the other properties within the Municipality's fire protection service area which includes Darlington, which requires a complement of Twenty-Four (24) full time fully trained Municipality fire fighters assigned to the proposed new Bowmanville fire station building referred to in clause 8(a)(i) of this Agreement. It is acknowledged by the parties that in order for Twenty-Four (24) Hour Coverage to be provided an additional eight (8) full time fully trained Municipal fire fighters will have to be hired for assignment by the Municipality to the proposed new Bowmanville fire station building referred to in clause 8(a)(i). 8.(a) Consistent with the Ontario Fire Marshal's recommendation that the Municipality and Hydro co-operate in the establishment of Twenty-Four (24) Hour Coverage by the Municipality and to further assist the Municipality with the establishment and maintenance of Twenty-Four (24) Hour Coverage, Hydro will make the following payments to advance the provision of such services: (i) Hydro will pay the Municipality One Million ($1,000,000.00) Dollars (in 1989 dollars) to be expended on the capital costs of a new Bowmanville fire station building and equipment in connection therewith (exclusive of any costs related to the purchase of property) which is to be located on lands owned by the Municipality at Regional Highway #57 and Provincial Highway #2 (the "New Site"), provided l •` t -/- that the Municipality enters into an unconditional construction contract no later than April 30, 1994 pursuant to the provisions of clause 8(a)(ii). The sum of One Million ($1,000,000.00) Dollars shall be increased annually by a rate equivalent to the rate of increase, if any, of the Consumer Price Index (all items for regional cities) for Metropolitan Toronto from November, 1989 until payment of the sum to the Municipality. (The sum of One Million ($1,000,000.00) Dollars plus the increases thereto is referred to in this clause 8(a)(i) as the 'Escalated Amount"). The Escalated Amount or the amount of One Million ($1,000,000.00) Dollars, whichever is greater, shall be paid to the Municipality forthwith after the Municipality notifies Hydro in writing that it has entered into the unconditional construction contract referred to in clause 8(a)(ii), the Municipality agreeing to provide to Hydro a copy of the executed construction contract with such notice. The amount paid to the Municipality shall be repaid to Hydro forthwith after April 30, 1995 if by April 30, 1995 the Municipality is not providing Twenty-Four (24) Hour Coverage except in circumstances in which a delay is the result of Force Majeure in which case the date April 30, 1995 shall be deemed to be replaced by the date which follows April 30, 1995 by the duration of the period(s) of such delay. The Municipality shall enter into a construction contract with the construction company selected by the Municipality to construct a new Bowmanville fire station on the New Site, provided that an unconditional contract is executed by the Municipality and the construction company no later than April 30, 1994, which provides for the construction of the new Bowmanville fire station building on the New Site which provides for the completion of its construction so that . z -O- it may be occupied by the Municipality no later than December 31, 1994, subject to "Force Majeure" (as hereafter defined), the Municipality having obtained all necessary governmental and financing approvals in respect of such fire station by the date of execution of the construction contract. (iii) In relation to the provision of Twenty-Four (24) Hour Coverage, Hydro will pay to the Municipality the following amounts over twenty (20) three-month periods as set out below: • with respect to the first four (4) three (3) month periods immediately following December 31, 1993, One Hundred Thousand ($100,000.00) Dollars at the commencement of each such three (3) month period; • with respect to the next four (4) three (3) month periods, Two Hundred Thousand($200,000.00)Dollars at the commencement of each such three (3) month period; • with respect to the next four (4) three (3) month periods, Three Hundred and Fifty Thousand ($350,000.00) Dollars at the commencement of each such three (3) month period; • with respect to the next four (4) three (3) month periods, Three Hundred and Seventy-Five Thousand ($375,000.00) Dollars at the commencement of each such three (3) month period; and -9- • with respect to the next four (4) three (3) month periods, Two Hundred Thousand($200,000.00)Dollars at the commencement of each such three (3) month period. (Each of the three month periods referred to in this clause 8(a)(iii) is called a "Quarterly Payment Period"). (b) Notwithstanding anything in this Agreement to the contrary, payments by Hydro contemplated under clause 8(a)(iii) of this Agreement will cease if Twenty-Four (24) Hour Coverage is not provided and maintained by the Municipality to Darlington in accordance with the provisions of paragraph 6, provided that the Municipality has no obligation to reimburse Hydro the amount of any payments that have been made to the Municipality pursuant to clause 8(a)(iii) except in respect of a Quarterly Payment Period in which Twenty-Four (24) Hour Coverage was not provided by the Municipality for Darlington in accordance with paragraph 6. (c) Within thirty (30) days of the effective date of this Agreement Hydro shall pay the Municipality the amount of Forty-Four Thousand ($44,000.00) Dollars for the purpose of training Municipality fire fighters to deal with fires at Darlington. (d) For the purposes of this Agreement, the term "Force Majeure" means a bona fide delay arising from a strike, lock out, riots, insurrection, war, fire, tempest, act of God, lack of material or supply of service unless caused by the act or default of the Municipality or the contractor who has contracted with the Municipality to construct the new Bowmanville fire station referred to in clause 8(a)(i), as the case may be, provided that the term does not include a delay caused by the party who is relying on the alleged Force Majeure. The -10- Municipality shall promptly notify Hydro of any Force Majeure event declared by either the Municipality or the construction company under the construction contract, providing Hydro with all relevant information pertaining to the nature and duration of the Force Majeure event. III. Termination of Impact Agreement, Minutes and Supplementary Agreements and Payment of Station Account B Funds 9. On the effective date of this Agreement, the Impact Agreement, all Supplementary Agreements to the Impact Agreement, the Minutes, and all obligations and rights under each of them are deemed to be performed save for (i) the payment of the balance of monies in the Station Account B provided for in the Impact Agreement on the effective date of this Agreement which monies Hydro agrees to pay to the Municipality within thirty (30) days of the effective date of this Agreement for the sole use of the Municipality; (ii) the payment by Hydro of monies from the Station Account A also provided for in the Impact Agreement pursuant to the provisions of the Tri- Partite Agreement; and (iii) outstanding obligations of the Municipality and Hydro arising from the Supplementary Agreement between the Region, the Municipality and Hydro dated October 20, 1982, as amended by agreement dated March 27, 1984 (the "Outstanding Agreement"). 10. On the effective date of this Agreement, the Impact Agreement, the Supplementary Agreements to the Impact Agreement and the Minutes shall be terminated save for the provisions of such agreements referred to in clauses 9(i) and 9(ii) above which shall be terminated when the respective payments contemplated by them have been made by Hydro, and save also for the Outstanding Agreement which shall be terminated when all its payment provisions have been fulfilled by Hydro and the Municipality. No later than thirty (30) days after each payment is made by the Municipality to Hydro ' -11- pursuant to the payment provisions of the Outstanding Agreement, Hydro shall pay the Municipality an amount equal to such payment as moneys that have been deposited in Station Account B and therefore are payable to the Municipality and not as a grant by Hydro to the Municipality. IV. Miscellaneous 11. The representations contained in the Recitals form part of this Agreement. 12. Hydro shall provide to the Municipality without charge all plans for all buildings which it has prepared or has caused to be prepared as of June 14,1993 being the date on which the final reactor at Darlington was put in service. 13. The effective date of this Agreement shall be the last of the following dates: (i) The date upon which Hydro executes this Agreement; (ii) The date upon which the Municipality executes this Agreement; and (iii) The date upon which the Tri-Partite Agreement is executed by the last of the parties thereto execute it. Each party shall notify the other party when the former party has executed this Agreement. Notwithstanding the foregoing, (i) should any party not execute this Agreement by January 1, 1994, or (ii) the Tri-Partite Agreement not be executed by all parties thereto by January 1, 1994, then unless there is a written understanding to the contrary between the parties, this Agreement shall be null and void. -12- 14. This Agreement or any part thereof is not assignable by either party without the written consent of the other party, which consent may be arbitrarily withheld. 15. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of the parties, their successors and permitted assigns. 16. Any notice or request required to be given by one party to the other pursuant to the terms of this Agreement may be given: To the Municipality or Municipality's Representatives at: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mayor Fax No. (905) 623-5717 To Hydro or Hydro's Representatives at: Ontario Hydro Darlington Nuclear Generating Station P.O. Box 4000 Bowmanville, Ontario L1C 3Z8 Attention: Mr. R.J. Stricken Director, Darlington Fax No.: (905) 697-7331 -13- Any of the above addresses may be changed at any time by giving ten (10) days written notice. Any notice given by one party to the other in accordance with the provisions of this Agreement shall be deemed conclusively to have been received on the date delivered if the notice is served personally, faxed or Twenty-Four (24) Hours after mailing if the notice is sent by registered mail. 17. Time is of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) Per: May Per: LCI Date: 7,h- ONTARIO HYDRO Per: Per: Date: SCHEDULE "I" TRI-PARTITE AGREEMENT THIS AGREEMENT made in triplicate as of this 27th day of October, 1993. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") - and - THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM ("Region") - and - ONTARIO HYDRO ("Hydro") WHEREAS: A. By an Agreement (the "Clarington-Hydro Agreement") of even date between the Municipality and Hydro all of the provisions of the Community Impact Agreement made between The Corporation of the Town of Newcastle and Hydro dated March 22, 1977 (the "Impact Agreement") save and except inter alia the provisions thereof respecting the funds deposited or paid in Station Account A and their expenditure, are deemed to have been performed. -2- B. The name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Clarington by the Regional Municipality of Durham Amendment Act (Newcastle-Clarington), 1993. C. The Municipality, the Region and Hydro wish to terminate the provisions of the Community Impact Agreement made between The Corporation of the Town of Newcastle, the Region and Hydro dated August 8, 1977 (the "Tri-Partite Impact Agreement"). D. The Clarington-Hydro Agreement contemplates the execution of an agreement between the Municipality and Hydro respecting the Impact Agreement and certain other matters. A copy of the Clarington-Hydro Agreement is contained in Schedule I hereto. E. The Clarington-Hydro Agreement also contemplates that it will come into effect and be binding on the parties thereto on the later to occur of the date of its execution by the parties thereto, and the date of execution of this Agreement by the parties hereto, in accordance with the provisions of the respective Agreements. F. This Agreement will come into effect and be binding on the parties hereto on the later to occur of the date of its execution and the date of execution of the Clarington-Hydro Agreement in accordance with the provisions of the respective Agreements. NOW THEREFORE,the Municipality, the Region and Hydro hereby agree,in consideration of the provisions hereinafter contained, and other good and valuable consideration, as follows: -3- I. Station Account A Funds 1. (i) Notwithstanding the provisions of the Impact Agreement and the Tri- Partite Impact Agreement, within thirty (30) days following the effective date of this Agreement the sum of three million ($3,000,000.00) dollars from the balance outstanding in Station Account "A", the establishment of which is provided for in the Impact Agreement shall be paid to the Municipality in respect of impacts in the Municipality regarding the construction and operation of Darlington Nuclear Generation Station. (ii) The Municipality and the Region agree that: (a) the monies paid by Hydro under clause 1(i) herein shall be deposited in a reserve fund in the Municipality's name; and (b) such monies together with interest accrued thereon may be disbursed only on joint resolution of the Councils of the Municipality and the Region, respectively, for any one or more of the following purposes: (1) the decommissioning, demolition and site rehabilitation of the Soper Creek Water Pollution Control Plant to the satisfaction of the Region, the Municipality and the Ministry of the Environment and Energy; (2) preparing studies and reports in connection with a Municipal Class Environmental Assessment and Approval of an undertaking by the Region for the provision of additional water pollution control plant capacity required to service lands on the western portion of the Municipality (the "South Courtice Area") pursuant to the provisions of the Environmental Assessment -4- Act, R.S.O. 1990 c.18; and (3) making a contribution to servicing studies, land acquisition, detailed design and/or construction of all Regional services required to service the South Courtice Area. II. Station Account B Funds 2. The Region hereby acknowledges that the Clarington-Hydro Agreement properly provides for the payment of the balance of the monies in the Station Account B provided for in the Impact Agreement to the Municipality for the sole use of the Municipality. III. Termination of Tri-Partite Impact Agreement and Supplementary Agreements 3. On the effective date of this Agreement, the Tri-Partite Impact Agreement, the Impact Agreement, all Supplementary Agreements to the Impact Agreement and the Tri-Partite Impact Agreement and all obligations and rights under each of them are deemed to be performed save for (i) the payment of the sum of three million ($3,000,000.00) dollars from Station Account "A" referred to in the Impact Agreement and the Tri-Partite Impact Agreement which monies Hydro shall pay to the Municipality in accordance with clause 1(i) of this Agreement, and save also for (ii) outstanding obligations of the Municipality and Hydro arising from the Supplementary Agreement between the Region, the Municipality and Hydro dated October 20, 1982, as amended by agreement dated March 27, 1984 (the "Outstanding Agreement"). 4. On the effective date of this Agreement, the Tri-Partite Impact Agreement, the Impact Agreement and all Supplementary Agreements to the Tri-Partite , t -5- Impact Agreement and the Impact Agreement shall be terminated save for the provisions of the Impact Agreement and the Tri-Partite Impact Agreement referred to in clause 3(i) above which shall be terminated when the payment contemplated by them has been made by Hydro, and save also for the Outstanding Agreement which shall be terminated when all its payment provisions have been fulfilled by Hydro and the Municipality. IV. Effective Date 5. The effective date of this Agreement shall be the last of the following dates: (i) The date upon which Hydro executes this Agreement; (ii) The date upon which the Region executes this Agreement; (iii) The date upon which the Municipality executes this Agreement; and (iv) The date upon which the Clarington-Hydro Agreement is executed by the last of the parties thereto to execute it. Each party shall notify the other parties when that party has executed this Agreement. Notwithstanding the foregoing, (i) should all three (3)parties not have executed this Agreement by January 1, 1994, or (ii) should the Clarington-Hydro Agreement not be executed by Hydro and the Municipality by January 1, 1994, then unless there is a written understanding to the contrary by all three parties, this Agreement shall be null and void. -6- V. Miscellaneous 6. This Agreement or any part thereof is not assignable by any party without the written consent of the other parties, which consent may be arbitrarily withheld. 7. Any notice or request required to be given by one party to the other pursuant to the terms of this Agreement may be given: To the Municipality or Municipality's Representatives at: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mayor Fax No. (905) 623-5717 To the Region or Region's Representatives at: Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario L1N 6A3 Attention: Regional Chair Fax No. (905) 668-9963 -7- To Hydro or Hydro's Representatives at: Ontario Hydro Darlington Nuclear Generating Station P.O. Box 4000 Bowmanville, Ontario L1C 3Z8 Attention: Mr. R.J. Strickert Director, Darlington Fax No.: (905) 697-7331 Any of the above addresses may be changed at any time by giving ten (10) days written notice. Any notice given by one party to the other in accordance with the provisions of this Agreement shall be deemed conclusively to have been received on the date delivered if the notice is served personally, faxed or twenty-four (24) hours after mailing if the notice is sent by registered mail. 8. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of the parties, their successors and permitted assigns. 9. Time is of the essence of this Agreement. • -8- IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) Per: In the presence of: ) Mayor Per: Clerk Date: THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM Per: Chair Per: Date: ONTARIO HYDRO } Per: Per: Date: SCHEDULE "I" [INSERT CLARINGTON-HYDRO AGREEMENT] SCHEDULE "II" LIST OF BUILDINGS Permit # Building Name 80/0039 Project Office Building 88/1853 Project Office 88/1854 Project Office 80/0046 Sewage Treatment Building 81/0013 Powerhouse Units 1-4 Central Service Area & FFAA East and West 81/0014 Pumphouses Units 1-4 81/0015 Water Treatment Building 81/0016 Heavy Water (1320) Management Building 81/0017 E.S.W. Pumphouse and E.P.S. Building 81/0019 5 Miscellaneous & Ancillary Buildings, including E.P.S. Generator Building 81/0019 Project Guardhouse 82/0023 SF6 Switchgear Building 83/0042 Administration Building 83/0202 Information and Communication Centre 84/0028 Stand-by Generator Buildings (4) 84/0411 DO Management Building 84/0412 Tritium Removal Facility 85/0364 Flammable Stores Building -2- LIST OF BUILDINGS Permit # Building Name 659(87) Admin. Bldg. - Kitchen Renovations 1123(87) Admin. Bldg. - Third Floor Addition 1455(88) Construction Garage Addition 934(89) Administration Building - Deck Addition 1050(89) Sewage Treatment Bldg. - Addition 91.1077 Protected Area Guardhouse Guardhouse 1552(89) Cable Tunnel ESW-EPG 1&2: ESW-Future EPG; ESW-FFAA West 1553(89) Vacuum Building 1554(89) Circ. Water Discharge Structure & Tunnel 1555(89) Water Intake Tunnel 1556(89) Cable Tunnel; Water Treatment - CSA 1639(89) Cart Rooms in Powerhouse/CSA 1640(89) Cable Tunnels-CSA to SG 1, 2, 3, 4 & D20 Bldg. 1641(89) D20 Management Bldg - Change Room Addition & Foundation 817(90) Chlorination Bldg. Industrial 90.0085 Powerhouse Units 3 & 4 - Coffee Rooms 91.0084 CSA - Cafeteria Modifications -3- LIST OF BUILDINGS Permit # Building Name 91.0143 D,O Management Bldg. - New Mech. Platform 91.0594 CSA Door S254 91.0629 D,O Management Bldg. - Alternations to D107 91.0718 CSA - Alternations to Rooms S-160 & 161 92.0514 TRF Annex Addition 80/0236 Guardhouses (1 for East and 1 for West) 80/0320 Garage 89/1063 Garage - E Add. 89/1344 Garage - Office & Storage Add. 88/1831 Materials Office 80.0013 Warehouse 88/1855 Warehouse - S. Add. 1830(88) Paint Warehouse 81/0111 Oil & Paint Storage 1829(88) TWE Storage 85/0024 B.B.H. Building 1828(88) Paint Curing Shop 1827(88) Ladikote Building 81/0217 Paint and Sandblast Shop 81/0106 Pipe Cleaning Shop -4- LIST OF BUILDINGS Permit # Building Name 81/0108 Pipe Fabrication Shop 89/1026 Pipe Fabrication - N. Ext. 1027(89) Pipe Fabrication - Office Ext. 91.0683 Pipe Hanger Shop Plumbing/Electrical Shop) 80/0135 Employment Office 80/0237 Construction Water Pumphouse 80/0078 CBM Concrete Mixing Plant 1826(88) East Yard Warehouse 1532(89) Insulation contractor HEPCOE Office Renov. 1 055(90) HEPCOE Office Renov. 2 1028(89) Soil Lab 81/0056 Elect. & Plumbing Shop (Now Waste Transfer & (91-0683) Metal Fab. 80/0235 Concrete Lab 303(89) Wash House 111(90) Safety Office 80/0134 First Aid Office 80/0133 Fire Hall 80/0136 Field Office -5- LIST OF BUILDINGS Permit # Building Name 88/1849 Field Office S/E Addition 82/0145 Liner Prep Shop 81/0048 Plate & Machine Shop 81/0025 Carpenter Shop 81/0125 Boiler & Compressor 88/1852 Boiler - W. Addition 89/1345 Boiler - W. Addition 1824(88) Heavy Sand Drying Fac. 1825(88) Operations Training Centre 89/0809 E & C Office Complex 89/1350 E & C Connecting Corridor 88/1851 TRF Building 1159(90) Security Office 1045(89) Lunchroom 302(89) Theft Device Enclos. 91.0464 Theft Device Enclos. 91.0091 Lunch Room Trailer T-30 91.0544 Lunch Room Trailer T-48 1029(89) Pipe Fab. Shop W/C 1030(89) Carpenter Welding Shop • -6- LIST OF BUILDINGS Permit # Building Name 91.0256 Paint & Sandblast Office & W/C 903 Inscan Dewar Storage Shed 1042(89) Inscan Dewar Storage Shed 1749(89) Electrician's Lunch/Stor. Fac. 971(89) Main Security Extension Addition 1046(89) New Employ. Safety Train. Fac. 1044(89) Plate/Mach. Shop Winterhousing 1382(89) Portable Lunchrooms (3) 1564(89) Portable Classroom Type Lunchroom (11) 81/0110 Rebar Threading Shop (Now Elect. Shop) 1128(89) Storage Sheds (Peerless) 969(89) Tool Crib North/West of Unit 1 1383(89) Trail Assem. Type Lunchroom (3) 1449(89) TRF/D20 Guard House/Change Room 1064(89) Wash House at Boiler House 268(90) MISA Sample Storage Facility 971(90) BLR. Blowdown Sampling Pit Enc 1098(90) Trailer Park Compl. 'A' 91.0021 Security Trailer Unit 4 91.0028 Trailer Park Compl. 'C' -7- LIST OF BUILDINGS Permit # Building Name 91.0091 Lunch Tailer T-30 91.0004 Trailer Park Toolcrib #9 91.0006 Pipe Hanger to El/Plumb Shop 91.0097 Trailer Park Complex 'B' 91.0119 Trailer Park Complex 'D' 91.0257 Const. Guardhouse Relocated 91.0169 Const. Shower/Change Room 91.0161 Const. Shower/Change Room (Plumb) - Outside Services 91.0589 Ramp to EPS Building 91.0528 Hazardous Waste Transfer Building 91.1193 T98 Renovation (add window) 91.1132 Security Fence CSA Stores 93.0020 U4 - 107.5 - Tool Crib 93.0009 U4 - 87.7 - Storage Fencing 93.0267 Walkway Walls & Doors (E&C to U4) 92.0928 Shower Change Room and Door 92.0696 Office Trailer T-219 92.0595 Relocate Trailer T-48 92.0593 Lunchroom Trailer T-316 @ SF6 -8- LIST OF BUILDINGS Permit # Building Name 92.0594 Trailer T36A Washroom @ SF6 92.0412 Security Trailer West of SG-3 92.0218 Convert Gr. D to Gr. A Div. 2 Classrooms 92.0335 Underground Cable Tunnel Escape 92.0661 Double Doors at FFAA East 92.0267 Convert # & C Walkway to Office SCHEDULE "III" MUTUAL RELEASE THESE PRESENTS WITNESSETH that in consideration of the mutual covenants herein contained and the payment of good and valuable consideration (the receipt and sufficiency of which is hereby irrevocably acknowledged), the parties do hereby release each other and their successors and assigns, as the case may be, from all sums of money, debts, dues, contracts, agreements, covenants, proceedings, claims and demands whatsoever which have arisen out of the construction of the Darlington Nuclear Generating Station of Ontario Hydro and, without limiting the generality of the foregoing, The Corporation of the Municipality of Clarington specifically releases Ontario Hydro from: (1) all claims and demands whatsoever arising out of an arbitration commenced by the said Corporation of the Municipality of Clarington by way of Notice of Arbitration dated the 8th day of November, 1991; (2) all claims and demands relating to any building code issues arising out of the said construction of the Darlington Nuclear Generating Station; (3) all claims and demands arising out of the community impact agreement between the parties dated March 22, 1977; (4) all claims and demands arising out of the community impact agreement between the parties and The Corporation of the Regional Municipality of Durham, dated August 8, 1977; and (5) all claims and demands arising out of Minutes of Settlement dated the 21st day of September, 1989, between the parties. r IN WITNESS WHEREOF the parties have executed this agreement under the hands of persons duly authorized on their behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Mayor Per: Clerk Date: ONTARIO HYDRO Per: Per: Date: -' SCHEDULE "IV" Shibley Righton Barristers & Solicitors RICHARD E.SHIBLEY,Q.C. RUPERT F.RIGHTON,Q.C. HAROLD H.ELLIOTT,Q.0 DENNIS C.HEFFERON DENNIS C.HEFFERON DONALD K ROBINSON,Q.C. RICHARD E.ANKH,Q.C. RECEPTION:(416)363-9381 BARRY S.WORTZMAN,Q.C. LESLIE S.MASON DEZ WINDISCHMANN EXTENSION 461 JOHN P.BELL MICHAEL FI TZPATRICK,Q.C. GEORGE CORN V.ROSS MORRISON LINDA S.BOHNEN ALAN L.BROMSTEIN JOHN C.SPEARN MICHAEL C.BIRLEY PETER C.WILLIAMS FAX:(416)363-5339 PAUL E.McINNIS PETER G.NEILSON CLIFFORD 1.COLE JONATHAN H.FLANDERS CHARLES SIMCO THOMAS A.STEFANIK WILLIAM G NORTHCOTE JAMES ROSSTTER HELDER M.TRAVASSOS PETER V.RAYTEK J.JAY RUDOLPH CYNTHIA J.GUNN MARTIN J.HENDERSON NICHOLAS T.MACOS WARREN S.RAPOPORT BOX 32-401 BAY STREET RICHARD E.COLES MARTIN PETERS ALEXANDER P.TORGOV TORONTO,CANADA CHARLES M.GASTLE PHILIP P.HEALEY SHEILA M.MacKINNON M51-1 2Z1 CHARLES G.T.WIEBE J.PAUL R.HOWARD WADE D.JAMIESON LEONARD D.RODNESS SANDRA E.DAWE LINDA J.GODEL JANIS E.INGRAM CHRISTINE M.SILVERSIDES SALVATORE G.P.FRISINA THOMAS McRAE JAMES W.BUSSIN KAREN 1.McMASTER CRAIG A.LEWIS JULIE A.MACIURA JENNIFER L.PERRY SUITE 1800 COUNSEL THE SIMPSON TOWER MARTIN G O'BRIEN,Q.C. BARRY D.LIPSON,Q.C. October 8, 1993 Fax: 592-1466 Mr. Ian Motherwell Assistant General Counsel Law Division r UL Ontario Hydro F 700 University Avenue TORONTO, Ontario M5G 1X6 Dear Mr. Motherwell: RE: Clarington - Hydro Agreement When we talked on October 5, 1993, I undertook to obtain a list of the outstanding issues related to the Darlington permits. I tried to reach you on October 6 and October 7, 1993, unsuccessfully to give you the information that I had obtained from the Municipality's Building Department. I understand that you will be out of town until next Tuesday. I thought it advisable to provide you with the list in writing. As I understand it the outstanding items are the following: 1. Permit 910006 - The plumbing in the Electrical Shop was not ready for final inspection on 92/09/15 since some items remained to be corrected. A final inspection has not taken place. As a result an Occupancy Permit has not been issued. 2. Permit 910097 - Lunch Room A was not ready for final inspection on 92/05/26 since items remained to be corrected.