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HomeMy WebLinkAbout96-179 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 96-179 Being a By-law to authorize the execution of a Letter of Understanding between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham and Ontario Hydro. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a Letter of Understanding with the Regional Municipality of Durham and Ontario Hydro pertaining to a new on-line monitoring device and related equipment to be installed in the building located at the former East Beach Pumping Station. 2 . THAT this Letter of Understanding attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 15th day of October, 1996 . By-law read a third time and finally passed this 15th day of October, 1996 . Mayor Cl SCHEDULE "A" TO BY-LAW 96-179 LETTER OF UNDERSTANDING BETWEEN Corporation of the Municipality of Clarington ("Clarington"), The Regional Municipality of Durham ("Durham"); and Ontario Hydro ("OH") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently owned and operated by Clarington; and WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding. The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the ibith day of oct. , 1996. Corporation of the Municipality of Clarington Ontario Hydro Mayor Cler Regional Municipality of Durham SCHEDULE "A" TO BY-LAW 96-179 LETTER OF UNDERSTANDING BETWEEN Corporation of the Municipality of Clarington ("Clarington"), The Regional Municipality of Durham ("Durham"); and Ontario Hydro ("OH") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently owned and operated by Clarington; and WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding. The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the lblth day of oct. , 1996. Corporation of the Municipality of Clarington Ontario Hydro Mayor Cler Regional Municipality of Durham SCHEDULE "A" TO BY-LAW 96-179 LETTER OF UNDERSTANDING BETWEEN Corporation of the Municipality of Clarington ("Clarington"), The Regional Municipality of Durham ("Durham"); and Ontario Hydro ("OH") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently owned and operated by Clarington; and WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding. The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the ibith day of oct. , 1996. Corporation of the Municipality of Clarington Ontario Hydro . -7 - 1��'W�2 Mayor CI 'rk Regional Municipality of Durham 'SCHEDULE "A" TO BY-LAW 96-179 LETTER OF UNDERSTANDING BETWEEN Corporation of the Municipality of Clarington ("Clarington"), The Regional Municipality of Durham ("Durham"); and Ontario Hydro ("OH") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently, owned and operated by Clarington; and WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding. The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the iblth day of oct. , 1996. Corporation of the Municipality of Clarington Ontario Hydro Mayor Clerk Regional Municipality of Durham i LETTER OF UNDERSTANDING BETWEEN Corporation of the Municipality of Clarington ("Clarington"), The Regional Municipality of Durham ("Durham"); and Ontario Hydro ("OH") WHEREAS Clarington, OH and Durham have agreed that a new on-line monitoring device and related equipment (the "Device") will be installed in the interior space of the building located at the former East Beach Pumping Station (the "Station"), currently owned and operated by Clarington; and WHEREAS it has been further agreed that the Device will be owned and operated by OH while located at the Station, and that, in addition to granting the rights of occupation contained herein Clarington shall take all necessary steps to ensure that OH, Durham and their respective employees, authorized agents and contractors have access to the Station and the Device on a 24 hour a day, 7 day a week basis; Now by this Letter of Understanding the parties hereto hereby confirm that the above recitals are true in substance and in fact and agree each with the other as follows: 1. Clarington grants to OH and Durham in perpetuity, (unless earlier terminated as provided for herein), the right to use and occupy a portion of the Station for the purposes set out in this Letter of Understanding in connection with the installation, operation and maintenance of the Device; 2. During the term of this agreement OH shall remain responsible for and shall at its cost repair and maintain the Device in good order and repair at all times; and 3. During the term of this agreement all charges and costs relating to telephone service, relating to the Device, shall be paid by Durham. It has been further agreed that Clarington may terminate this Letter of Understanding upon providing OH and Durham with 6 months prior written notice, and upon receipt of such notice OH shall at its cost remove the Device prior to the date of termination of this agreement. It has been further agreed that in the event Clarington exercises its right of termination as aforesaid, Durham will take all necessary steps and measures to permit the relocation of the Device to an interior space at the Water Supply Plan owned by Durham and shall enter into an agreement with OH to permit the Device to remain at the Water Supply Plant on terms and conditions similar to those contained in this Letter of Understanding. The letter of Understanding shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. In Witness whereof the parties have executed this Letter of Understanding by their duly authorized representatives as of the 1171 day of TusjF 1996. Corporation of the Municipality of Clarington Ontario Hydro ayos x -,Cj CI rk Regional Municipality of Durham JAMES Y. WITTY, REGIONAL CHAIR C.W. LUNDY,REGIONAL CLERK Air