HomeMy WebLinkAbout91-130
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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.
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DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. 26
RECONSTRUCTION OF HOLT ROAD
FROM HIGHWAY 401 TO BASELINE ROAD
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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
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter referred to as the "TOWN"
OF THE SECOND PART
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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;
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'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;
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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
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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
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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.
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) /'\ THE CORPORATION OF THE TOWN OF
) NEWCASTLE ~
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) Clerk //---:-':>
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ONTARIO HYDRO
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Assistant.5 cretary
THE REGIONAL MUNICIPALITY OF
DURHAM )!~
Chai-'fnfan
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Deputy Clerk
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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