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HomeMy WebLinkAbout84-148 ar .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84- 148 being a by-law to authorize the execution of Supplementary Agreement #12 with Ontario Hydro (Advancement of Improvements for Fire Protection Services) 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, Supplementary Agreement #12, between Ontario Hydro and the said Corporation, in respect of Advancement of Improvements for Fire Protection Services. By-law read a first time this 10th day of December 1984 By-law read a third time and finally passed this 10th day of December 1984 M~ ay ~.~. \ file No._~Z:~L~""J ~ . t~, . \ life 3, 1985. Ontario Hydro, 700 University Avenue, Toronto, Ontario. MSG .1X6. Attentl on: J. McCred ie, proj ect Manager, Da r 11 ngton G. S. D.ear Sf r: Re: Darlington Generating Station Supplementary Agreement Number 12. Our File: 10.57.7.(12) further to your letter of May 21, 1985, I acknowledge receipt of an ori~inal copy of Supptementary Agreement No. 12, Advancement of Improvements to Fire Protection Services. Yours truly, jJ DaVid W. Oakes, B.A., A.M.C.T.. Town Clerk. DWO/ms . . ~. . DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO. 12 ADVANCEMENT OF IMPROVEMENTS TO FIRE PROTECTION SERVICES THIS AGREEMENT made in triplicate this;:z.s1A--day of i11ttN-f,-, , 19 ~S BET WEE N: ONTARIO 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 DURHAM Hereinafter referred to as the "REGION" 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; 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 constructi.on and operation of the Station on the Region and the Town, dated August 8, 1977; . . - 2 - AND WHEREAS the Newcastle Agreement and the Regional Agreement provide for the entering into the supplementary agreements between the Corporation, the Region and the Town; AND WHEREAS the Corporation, the Region and the Town 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 cost of advancing community facilities and providing community services; . AND WHEREAS the Corporation, the Region and the Town agree that the Town has advanced by five years construction of the Newcastle Fire Station No. 4 (Courtice) and acquisition of fire protection equipment, NOW THEREFORE, WITNESSETH that in consideration of the covenants hereinafter contained and for other good valuable consideration, the Corporation, the Region and the Town hereby agree as follows: 1. The Corporation agrees to pay to the Town from Station Account "B" up to $182,000 as a claim for payment of the financial impact incurred by the Town in advancing construction and equipping the Newcastle Fire Station No. 4 (Courtice) from 1984 to 1979. A study of the Town of .. ~ - 3 - . Newcastle Fire Protection Services conducted under Supplementary Agreement No. 10, recognized the financial impact experienced by the Town of Newcastle as a result of construction of the Station; and the Town, the Region and the Corporation have agreed to accept this assessment of the financial impact on the Town of the advancement of the firehall. The Town has agreed with all parties that the $182,000 impact payment would be forwarded in two installments (1985 and 1986) upon receipt by the Corporation of invoices for capital purchases of Fire Protection Service Equipment. When these payments are complete they will be the final cost to be paid on advancement of Fire Protection Services. 2. The impact payment specified in paragraph one is exclusive of fire protection training discussions which are continuing. . The recitals mentioned in this Agreement form part of this Agreement. IN WITNESS WHEREOF the Corporation, the Region and the Town 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. SIGNED, SEALED AND DELIVERED ) In the presence of ) ) ) } } ) ) } } ) ) ) } ) ) } } ) } ) ) } ) } ) ) ) ) } } } } ) } } ) } ) '. . , . , , ONTARIO HYDRO ~::~~:~~~ s..tJ Lf..t"J DIV. :ir~~)::~~~:~ II !. .~19~') .;:: :. .. ...."' ........,19... .............. .. ... . . - 4 - "'-'- HYDRO THE CORPORATION OF THE TOWN OF NEWCASTLE ~~ --- Mayor .' ~({2A.. Clerk THE REGIONAL MUNICIPALITY OF DURHAM ~~ a rm -e,.~.~ Clerk . " ~" .. -, DATED: BET WEE N ONTARIO HYDRO and THE REGIONAL NUNICIPALITY OF DURHAM and THE CORPORATION OF THE TOWN OF NEWCASTLE DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO. 12 FIRE PROTECTION SERVICE ADVANCEMENT , ~ '. ' 1 . . .