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HomeMy WebLinkAbout84-125 '- THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-125 being a by-Iawu' to authorize the execution of Supplementary Agreement #11 with Ontario Elydro 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 Corp0n*t~on~ Seal, Supplementary Agreement #11, between Ontario Hydro and the said Corporation, in respect of a Study of the Bowmanville Arena - Feasible Alternatives. By-law read a first and second time this 22nd day of October 1984 By-law read a third time and finally passed this 22nd day of October 1984 ~/?--~~ ayor l~.~~.~- Cler 1 FII. No...l.(!.:.:!..:l...7.:..u.!J_......_......... ~h . f- C . DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT No. 11 STUDY OF THE BOWMANVILLE ARENA - FEASIBLE ALTERNATIVES THIS AGREEMENT made in triplicate this~\~tday of W1<tl'etv 19 85. BETWEEN: ONTARIO HYDRO Hereinafter referred to as the "CORPORATION" OF THE FIRST PART - and - THE REGIONAL MUNICIPALITY OF DURHk~ Hereinafter referred to as the "REGION" OF THE SECOND PART - and - THE CORPORATION OF THE TO~~~ OF NEWCASTLE Hereinafter referred to as the "TOWN" OF THE THIRD PART WHEREAS the Corporation and the Town have entered into an Agreement (hereinafter referred to as the Newcastle Agreement), with 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, 1977; ~ $4L-;d>z::.J .' .. fI f... . . . ._,' r - 2 - 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 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 Region, and the Town; AND WHEREAS the Corporation, the Region, and the Town are desirous of entering into a supplementary agreement dealing with provisions of paragraph 8 of the Town Agreement to be entitled Supplementary Agreement No. II, Study of the Bowmanville Arena - Feasible Alternatives respecting the alternatives for an arena in Bowmanville and recommendations on how community needs for this facility can be best met in a financially feasible way for the Town of Newcastle. 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; . t., . - 3 - AND WHEREAS said Hydro Liaison Committee has appointed a Sub-Committee for the purposes of entering into discussions on the indentification of feasible alternatives for the Bowmanville Arena in the Town of Newcastle hereinafter referred to as the "Sub-Conunittee"; 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 hereby agree as follows: 1. The Corporation and the Town agree to carry out a study of feasible alternatives for the Bowmanville Arena in the Town of Newcastle. 2. The Corporation and the Town, as represented by the "Sub-Commi ttee", are hereby charged with the responsiblil ty of preparing and approving terms of reference 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 feasible alternatives for meeting the needs of the Bowmanville Community for an arena; define present community needs and needs for expansion of the facility over the next five years, .. , ,. : \ ' , ,'t.. ..1 ( . - 4 - define any increase in present or anticipated community need for the facility due to in-moving employees of Ontario Hydro at the Darlington Generating Station, and define and recommend methods of financing feasible alternatives. 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 assist in funding the consultant's costs associated with the preparation of the above-referenced study to a maximum amount of $8,000. This amount, subject to the consent of the parties, may be increased if there is a recommendation to increase the amount 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'. 6. The Corporation agrees to reimburse the Town for one third of all reasonable administrative costs including all staff time and related expenses with participation in the implementation of the agreement. Such funds are to be drawn from Station Account 'B'. : ," , . , (. t-.......J . Ii ", " . - 5 - 7. The Corporation will provide community impact statistics and interpretation to the consultant in the preparation of the study referred to by paragraph 1 above. 8. The Corporation agrees to enter into discussions with the Town on the possible implementation of the recommendations arising from the study referred to by paragraph 1 above. 9. The recitals mentioned in this Agreement form part of this Agreemen t. 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 In the Presence of: ) ) ) ) ) 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) L_ ONP'lV' 'I\'r'.~'1 . . . . . .. . .19. .. .................- THE REGIONAL MUNICIPALITY OF DURHAM ~ ClrHrm -n-- -- . ~--z..)~ Clerk THE CORPORATION OF THE TOWN OF NEWCASTLE ~~~~/ Mayor 7 LJ~~~ -, DATED: 198 BETWEEN: ONTARIO HYDRO - and - THE REGIONAL MUNICIPALITY OF DURHAM - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT No. 11 STUDY OF THE BOWMANVILLE ARENA - FEASIBLE ALTERNATIVES II ..... l . . ,..... . . . . ,,~, -.. ~ '\ - - ~" " .,