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HomeMy WebLinkAbout91-130 . . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-130 being a by-law to authorize the execution of Suplementary Agreement #26 with Ontario Hydro (Holt Road Reconstruction) 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 Corporate Seal, Supplementary Agreement #26, Holt Road Reconstruction, a copy of which is attached as Schedule "A". BY-LAW read a first time this 29th day of July 1991. BY-LAW read a second time this 29th day of July 1991. BY-LAW read a third time and finally passed this 29th day of July 1991. ..... '.. . I ,.. . () ,~...,. .. (JUItXCfn DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO. 26 RECONSTRUCTION OF HOLT ROAD FROM HIGHWAY 401 TO BASELINE ROAD " TOWN OF NEWCASTLE THIS AGREEMENT made in triplicate this lOthdayof Sept. ,1991 BET WEE N: ONTARIO HYDRO Hereinafter refered 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 DUR~~ Hereinafter referred to as the "REGION" OF THE THIRD PART WHEREAS the Corpora~ion a~d the Town have entered into an Agreeme~~ (hereinafter referred to as the Newc.astle Agreement), with respect to the social, economic and financial impacts arising out of the construction " and operation of the Darlington Generating Station (here~nafter,referred to as the Station) on the Town dated March 22, 1977; . , . .' ... o 'AND WHEREAS the Corporation, the Region and the Town have entered into an Agre~ment '(hereinafter referred to as the Regional Agreement) with respect to the social, economic and financial'impacts arising out of the construction and operation of the Station on the Region and the Town, dated August 8,1977; AND WHEREAS the Newcastle Agreement and the Regional Agreement provide for the entering into of supplementary agreements between the Corporation, the Town and the Region; AND WHEREAS the Corporation, the Town and the Region have entered into a Supplementary Agreement entitled Community Impact Monitoring Program which involves collecting and updating data on certain impact items which may be affected by the construction and operation of the Station; AND WHEREAS the Newcastle Agreement provides that the Corporation agrees to compensate the Town for those financial impacts undergone by the Town as a result of the construction of the Station which include the increase. in costs for improving and maintaining Town of Newcastle roads and bridges reasonably required as the result of the increase in traffic from the travel of construction workers and transportation of materials to a~d from the Station; AND WHEREAS data has been collected since 1978 identifying the impact of Station related traffic on Holt Road between Highway 401 and Baseline Road in the Town of Newcastle and all parties have agreed upon a reconstruction program and the appropriate share of the Corporation for the costs of reconstructing said road; . , , . A ;.. (:) , 3:t~51 NOW THEREFORE, WITNESSETH that in consideration of the. covenants hereinafter contained and for other good and valuable consideration, the Corporation, the Town and the Region hereby agree as follows: 1. ' The Corporation, the Town and the Region agree that traffic from workers and material delivery related to the construction of Darlington Generating Station has required the reconstruction of Holt Road \ between Highway 401 and Baseline Road in the Town of Newcastle and that by monitoring road conditions and material and employee travel routes the total cost of reconstruction of this portion of said road has been attributed to the Corporation. 2. The Corporation agrees to pay from Station Account 'A' the sum of up to Three Hundred and Ten Thousand dollars ($3l0,OOO) to reconstruct said portion of Holt Road in the Town of Newcastle. It is recognized that payment by the Corporation of said amount precludes any further recovery under the Agreement in respect of said portion of Holt Road in the Town of Newcastle for the balance of the term of the Agreement. 3. Payment will be made to the Town in two installments upon presentation to the Corporation .: . . .... ,. ...,'" \. ;. of invoices and supporting documentation of required expenditures by the Town, The first invoice shall represent 75 percent .of the total project estimate and the final invoice, submitted upon completion of the project, shall represent the remaining 25 percent of the p~oject cost. IN WITNESS WHEREOF the._Corpora!:ion, the Town and the Region have caused this Agreement to be executed by the affixing of the Corporate seals attested by the signatures of their proper officers duly authorized in that behalf. ~...., __.1 . __ .~~~o;1 ,7..., ..~2,'.,L...~.......... .1,' .;()..:-~,~ s..-.,<#''J.' 1~'t1, ~:::~~~, .......&J.(tf,,,.....,.. t 9ft. 1 ..~~~....'i , ) ) ) ) ) ) ) ) /'\ THE CORPORATION OF THE TOWN OF ) NEWCASTLE ~ ! ij LdXwl luJ6tuJ) ) {Mayor. d- ) j ) ,,~_ /1 ) 1-:il;;l~/"/; ) Clerk //---:-':> ) '_// ' ) ) ) ) ) ) ) ) ) ) ) ONTARIO HYDRO .. mCLu(~ Assistant.5 cretary THE REGIONAL MUNICIPALITY OF DURHAM )!~ Chai-'fnfan ~ Deputy Clerk . .- ~ ". . DATED: BET WEE N: ONTARIO HYDRO and THE CORPORATION OF THE TOWN OF NEWCASTLE and THE REGIONAL MUNICIPALITY OF DURIMM DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT. NO. 26 COST OF RECONSTRUCTION OF HOLT ROAD FROM HIGHWAY 401 TO BASELINE ROAD IN THE TOWN OF NEWCASTLE