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HomeMy WebLinkAboutADMIN-9-93 . , " CORPORATION OF THE MUNICIPAGITY OF CGARINGTON XHE~E)1imtEaX)Wllm)Nf3W~ REPORT Meeting: Council File# LOf.ot\) Res. # By-Law # D~e: October 25 1993 Report #: ADMIN. 9 -FilB i: Subject: Negotiations with the Municipality of Clarington, the Regional Municipality of Durham and Ontario Hydro regarding the Darlington Nuclear Generating Station Recommendations: It is respectfully recommended to Council: 1. That Report ADMIN. 9 - 93 be received; / 2 That the Agreement between the Corporation of the Municipality of Clarington and Ontario Hydro substantially in the form of that referenced as Appendix #1 to By-Law #93-170 be approved; 3. That the Agreement between the Corporation of the Municipality of Clarington, the Corporation of the Regional Municipality of Durham and Ontario Hydro substantially in the form of that referenced as Appendix #1 to By-Law #93-171 be approved; 4 That the Mayor and Clerk on behalf of the Municipality of Clarington be authorized to Regional Municipality of substantially in the form of Recommendations 2 and 3 above; execute Agreements with the Durham and Ontario Hydro the Agreements identified in 5. That By-Law 93-170 and By-Law 93-171 be enacted; and 6. That with regards to the receipt and disbursement of funds, the following recommendations be approved: i) That any funds received from the Station "B" account and the Escrow Fund account be deposited in a separate reserve fund account called the Impact/Escrow Funds Account; RECYCLEO!:\PAPIER PAPER '+tJ:1 RECYCLE THIS IS PRINTED ON RECYCLED PAPER . , 'l' ii) That funds received from the Station "A" account be deposited in a separate reserve fund called Clarington/Region (A Account) Reserve Fund; iii) That as funds are received in respect of Ontario Hydro's contribution to the fire operations cost, they be deposited in a separate reserve fund account called Fire Primary Response Reserve Fund; iv) That any funds received toward the construction of a new fire station be deposited into a separate reserve fund called Fire Headquarters Capital Construction Reserve Fund; v) That access to the Reserve Funds noted above be through the annual budgetary process or as identified through recommendations to Council in the form of reports to the General Purpose and Administration Committee; and vi) That appropriate by-laws to establish the reserve funds required be brought forward to Council for enactment. 7 . That a copy of this report and the applicable by-laws be forwarded to: Mr. Gary Herrema, Chair, The Regional Municipality of Durham, Mr. Donald Shaw, former Station Manager, Darlington Nuclear Generating Station, Ontario Hydro, and Mr. Ian Motherwell, Assistant General Counsel, Ontario Hydro. BACKGROUND: 1. As members of Council are aware, extensive discussions have taken place over a number of months between the Municipality of Clarington represented by Mayor Diane Hamre, until his resignation, Chief Administrative Officer, Mr. Lawrence E. Kotseff, the Municipality's Legal Counsel, Mr. Dennis Hefferon, the Municipal Treasurer, Mrs. Marie Marano, the Regional Municipality of Durham represented by Mr. Gary Herrema, Chair and other Regional officials, and Ontario Hydro represented by Mr. Donald Shaw, formerly Station Manager of Darlington and Mr. Ian Motherwell, Assistant General Counsel. The purpose of the discussions was to resolve outstanding issues arising out of the Impact Agreements made in 1977 between the Municipality, the Region and Ontario Hydro and subsequently the Minutes of Settlement of 1989 between the Municipality and Ontario Hydro. An equally important challenge was to establish a positive, co-operative relationship between the parties to the negotiations, one of the parties being a major corporation with many of its employees located in the Municipality of Clarington within the Region of Durham. , 2 . FUNDS: 1) Station "A" and "B" Accounts Members of Council will recall that the Impact Agreements established funds that could be drawn upon to compensate the Municipality for a range of possible impacts of the Darlington Nuclear Generating Station upon the Municipality and to compensate the Municipality and the Region for the cost of providing hard services required as a result of impacts of the Darlington Generating Station. These funds are referred to as the Station "A" and Station "B" accounts and were established through the Impact Agreements of 1977. 2) The Escrow Account Ontario Hydro established what is referred to as the Escrow Account arising out of the Minutes of Settlement of 1989 between the Municipality and Ontario Hydro. 3 . AGREEMENTS: The Agreements attached to By-Laws 93 - 170 and 93 - 171 are the result of the extensive discussions referred to earlier between Ontario Hydro, the Municipality of Clarington and the Region of Durham. They provide for payment of the "A" account fund to the Municipality of Clarington for expenditure for purposes jointly approved by the Regional Municipality of Durham and the Municipality of Clarington. They provide for payment of the "B" account and the Escrow account funds for expenditures of the Municipality of Clarington. 4. FIRE PRIMARY RESPONSE: The Ontario Fire Marshal in his recent report recommended that the Municipality assume primary fire responsibility for Darlington NGS from Ontario Hydro'S construction fire unit. This will involve the construction of a new fire station at Regional Road #57 and Highway #2 and an increase of eight full-time fire fighters to the full time complement who would be assigned to the new Bowmanville Fire Station together with the fire fighters who currently are assigned to the Bowmanville Fire Station. The negotiations have lead to Ontario Hydro agreeing to contribute approximately $1.2 million (in 1993 dollars) for the cost of constructing and equipping the new fire station. In addition, so as not to impact the Municipal tax payers for the cost of providing the Municipality with twenty four hour . coverage in Bowmanville, Ontario Hydro has also agreed to contribute over a period of five years a total of $4.9 million to offset the operations cost of increasing the complement of full-time fire fighters. 5. CONCLUSION: The results of the discussions and related Agreements were presented to Council on October 18 1993 and the final negotiations have been successfully concluded. The Board of Directors of Ontario Hydro have approved the Agreements in the form presented to Council. The Tri-Partite Agreement will be dealt with by the Council of the Regional Municipality of Durham on Wednesday, October 27 1993. Staff feel that the negotiations and resolution of the outstanding issues will lead to a positive future relationship with Ontario Hydro, the Municipality and the Region of Durham. Respectfully submitted, -- 'j ~~no, H.BSc., AMCT Acting Chief Administrative Officer MAM:nof THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93 - 170 Being a by-law to authorize the execution of an Agreement between the Municipality of Clarington and Ontario Hydro respecting the Darlington Nuclear Generating Station. WHEREAS Council has approved Report ADMIN. 9-93: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk of the Corporation of the Municipality of Clarington are hereby authorized to execute an Agreement with Ontario Hydro substantially in the form of the Agreement contained in Appendix 1 attached to and forming part of this by-law; By-law read a first and second time this 25th day of October 1993. By-law read a third time and finally passed this 25th day of October 1993. Mayor Clerk APPENDIX #1 TO BY-LAW 93-170 CLARINGTON..HYDRO AGREEMENT TIllS AGREEMENT made in duplicate as of this day of October, 1993. BET WEE N: THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON ("Municipality") .. and ~ ONTARIO HYDRO (lIHydro") WHEREAS: A. The Municipality and Hydro wish to settle certain building code issues which currently are the subject of arbitration proceedings. B. The Municipality and Hydro desire tu make suitable provision for municipal fire protection services to be made available to the Darlington Nuclear Generation Station ("Darlington"). C. The Municipality and Hydro have agreed that subject to paragraph 9 herein, upon the effective date of this Agreement, the Conununity Impact Agreement between The Corporation ofthe Town of Newcastle and Hydro dated March 22,1977 (the "Impact Agreement") shall be deemed to be performed. -2- D. The name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Clarington by the Regional Municipality of Durham Amendment Act (Newcastle-Clarington). 1993. E. The Municipality and Hydro contemplate the execution of an agreement (the "Tri- Partite Agreement") between them and The Corporation of the Regional Municipality of Durham (the "Region") respecting the provisions of the Impact Agreement which deal with funds deposited in Station Account A and certain other matters. A copy of the Tri-Partite Agreement is contained in Schedule I hereto. F. The Tri-Partite Agreement contemplates that it will come into effect and be binding on the parties thereto on the later to Occur of the date of execution of the Tri-Partite Agreement by the parties thereto and the date of execution of this Agreement by the parties hereto in accordance with the provisions of the respective Agreements. G. The Municipality and Hydro have agreed that this Agreement will come into effect on the later to occur of the date of execution of this Agreement by the parties hereto and the date of execution of the Tri-Partite Agreement in accordance with the provisions of the respective Agreements. NOW mEREFORE, the Municipality and Hydro hereby agree, in consideration of the provisions hereinafter contained, and other good and valuable consideration, a.Il follows: I. Buildinl: Code 1. (i) All outstanding building code and permit issues contemplated in the arhitration process contemplated by the Impact Agreement and the Minutes of Settlement dated September 22, 1989 between The Corporation of the Town of Newcastle and Hydro (the "Minutes") including issues arising since . -3- the date of the Minutes save and except those items identified in a letter from Mr. Dennis Hefferon to Mr. I.G.B. Motherwell dated October 8, 1993, a copy of which is contained in Schedule IV hereto, are hereby resolved without admission of liability by either party on the merits of any position advanced by either party in the Minutes, the arbitration process Or otherwise. The parties agree that the total amount of principal and interest held in escrow by the Royal Trust Company (Royal Trust) under an Escrow Agreement dated October 19, 1989 shall be paid to the Municipality in accordance with paragraph 5 hereof. (ii) Except in respect of a matter that is the subject of valid legislation, regulation, order, or direction enacted or made by the Parliament of Canada, a Minister of the Crown in Right of Canada, a Canada Crown Agency, Federal Department Board or other body, or a person authorized hy any of them to make the order or direction, in any proceeding arising under or to enforce the provisions of the Municipality's Building By-law, Hydro will not contend that the Building Code Act, S.O. 1992 c.23 and its regulations do Dot apply in respect of Darlington or any building constructed or to be constructed thereon on the ground that the construction and/or operation of Darlington or any building thereon is a matter within the exclusive jurisdiction of the Parliament of Canada. 2. The Municipality confirms, except to the extent set forth in Schedule IV, that as of the effective date of this Agreement Hydro has been granted all relevant building and occupancy permits in respect of all buildings all listed in Schedule J1 hereto in accordance with the provisions of both the Building Code Act and its regulations as well as all the Municipality's Building By-law. Hyuru confirms that all monies paid by it to the Municipality on account of building permit fees are not recoverable from the Municipality. -4- 3. The Municipality and Hydro agree that in respect of any future applications made by Hydro under the Building Code Act and its regulations and the Municipality's Building By-law as enacted or amended from time to time pursuant to the Building Code Act in respect of buildings at Darlington= (i) equipment shall not be considered as part of a building; and (ii) for purposes of determining the value of the construction of a building under the Building Code Act and its regulations and the Municipality's Building By-law, value shall not include the actual or imputed cost to Hydro of borrowing money to fund the design, construction and/or servicing of any such building. 4. The Municipality and Hydro agree to establish a building code co~ordination committee (the "Committee") comprising two (2) members of whom one (1) member shall be the Municipality's Director of Planning and Development or his designate and one (1) member shall be appointed by Hydro. The Committee shall advise the Municipality's Chief Building Official regarding any building permit applications which may be made by Hydro under the Building Code Act and its regulations and the Municipality's Building By-law, in respect of buildings at Darlington. The Hydro representative shall be appointed by Hydro's Darlington Director who may replace Hydro's representative from time to time. The Committee shall meet from time to time at the written request of either member given to the other member of the Committee, which request shall be given not less than five (5) days before the requested meeting. Each meeting of the Committee shall be held at the Municipality's Administrative Centre. -5- 5. Within fifteen (15) days from the effective date of this Agreement the Municipality and Hydro wilt jointly: (i) formally withdraw from the arbitration dispute process referred to in clause 10) of this Agreement; (ii) provide to each other full reciprocal releases in respect of issues raised in the process referred to in clause lei) of this Agreement in the form attached hereto as Schedule III; and (Hi) apply to Royal Trust for release of the principal amount of Two Million ($2,000,000.00) Dollars together with interest accruing thereon held by Royal Trust in escrow under the Escrow Agreement with direction to pay all monies in the escrow account to the Municipality for its sole use. II. Fire 6. No later than January 1, 1995, subject to Force Majeure (as hereafter defined), the Municipality will aSSume and thereafter maintain the provision of Twenty-Four (24) Hour Coverage (as hereafter defined), for Darlington. Hydro will continue to provide, at its expense, primary fire protection responsibility at Darlington until the commencement of Twenty~Four (24) Hour Coverage by the Municipality. Notwithstanding the foregoing, it is understood by the parties that at all times after the effective date of this Agreement Hydro will have available at Darlington at its expense not fewer than eleven (11) emergency personnel or such number as may be required by the Atomic Energy Control Board of Canada, who are fully trained and are assigned by Hydro to deal with emergencies that involve or may involve .6- contamination caused by the leakage of radioactive substances or ga~es at Darlington and where a fire has or may occur, to work with the Municipality's fire fighters in abating the emergency. 7. Twenty-Four (24) Hour Coverage for purposes of this Agreement is the provision by the Municipality of fire protection service for Darlington and the other properties within the Municipality's fire protection service area which includes Darlington, which requires a complement of Twenty.Pour (24) full time fully trained Municipality fire fighters assigned to the proposed new Bowmanville fire station building referred to in clause 8(a)(i) of this Agreement. It is acknowledged by the parties that in order for Twenty-Four (24) Hour Coverage to be provided an additional eight (8) full time fully trained Municipal fire fighters will have to be hired for assignment by the Municipality to the proposed new Bowmanville fire station building referred to in clause 8(a)(i). 8.(a) Consistent with the Ontario Fire Marshal's recorrunendation that the Municipality and Hydro co-operate in the establishment of Twenty-Four (24) Hour Coverage by the Municipality and to further assist the Municipality with the establishment and maintenance of Twenty-Four (24) Hour Coverage, Hydro will make the following payments to advance the provision of such services: (i) Hydro will pay the Municipality One Million ($1,000,000.00) Dollars (in 1989 dollars) to be expended on the capital costs of a new Bowmanville fire station building and equipment in connection therewith (exclusive of any costs related to tlle purchase of property) which is to be located on lands owned by the Municipality at Regional Highway #57 and Provincial Highway #2 (the JlNew Site"), provided -7- that the Municipality enters into an unconditional construction contract no later than April 30, 1994 pursuant to the provisiouli of clause 8(a)(ii). The sum of One Million ($1,000,000.00) Dollars shall he increased annually by a rate equivalent to the rate of increase, if any, of the Consumer Price Index (all items for regional cities) for Metropolitan Toronto from November, 1989 until payment of the sum to the Municipality. (The sum of One Million (51,000,000.00) Dollars plus the increases thereto is referred to in this clause 8(a)(i) as the "Escalated Amounttl). The Escalated Amount or the amount of One Million ($1,000,000.00) Dollars, whichever is greater, shalI be paid to the Municipality forthwith after the Municipality notifies Hydro in writing that it has entered into the uncomlitional construction contract referred to in clause 8(a)(ii), the Municipality agreeing to provide to Hydro a copy of the executed construction contract with such notice. The amount paid to the Municipality shall be repaid to Hydro forthwith after April 30, 1995 if by April 30, 1995 the Municipality is not providing Twenty-Four (24) Huur Coverage except in circumstances in which a delay is the result of Force Majeure in which case the date April 30, 1995 shall be deemed to be replaced by the date which follows April 30, 1995 by the duration of the period(s) of such delay. (ii) The Municipality shall enter into a construction contract with the construction company selected by the Municipality to construct a new Bowmanville fire station on the New Site. provided that an unconditional contract is executed by the Municipality and the cOI1.litruction company no later than Apri130, 1994, which provides for the construction of the new Bowmanville fire station building on the New Site which provides for the completion of its construction so that -8- it may be occupied by the Municipality no later than December 31, 1994, subject to "Force Majeure" (as hereafter defined), the Municipality having obtained all necessary governmental and financing approvals in respect of such fire station by the date of execution of the construction contract. (Hi) In relation to the provision of Twenty-Four (24) Hour Coverage, Hydro will pay to the Municipality the following amounts over twenty (20) three-month periods as set out below: · with respect to the first four (4) three (3) month periods immediately following December 31, 1993, One Hundred Thousand ($100,000.00) Dollars at the commencement of each such three (3) month period; · with respect to the next four (4) three (3) month periods, Two Hundred Thousand ($200,000.00) DoHars at the commencement of each such three (3) month period; · with respect to the next four (4) three (3) month periods, Three Hundred and Fifty Thousand ($350.000,00) at the commencement of each such three (3) month period; · with respect to the next four (4) three (3) month periods, TIlree Hundred and Seventy-Five Thousand ($375,000.00) Dollars at the commencement of each such three (3) month period; and -9- with respect to the next four (4) three (3) month periods, Two Hundred Thousand ($200,000.00) Dollars at the commencement of each such three (3) month period. (Each of the three month periods referred to in this clause 8(a)(iii) is called a IlQuarterly Payment Periodll). (b) Notwithstanding anything in this Agreement to the contrary, payments by Hydro contemplated under clause 8(a)(iii) of this Agreement will cease if Twenty-Four (24) Hour Coverage is not provided and maintained by the Municipality to Darlington in accordance with the provisions of paragraph 6, provided that the Municipality has no obligation to reimburse Hydro the amount of any payments that have been made to the Municipality pursuant to clause 8(a)(iii) except in respect of a Quarterly Payment Period ill which Twenty-Four (24) Hour Coverage was not provided by the Municipality for Darlington in accordance with paragraph 6. (c) Within thirty (30) days of the effective date of this Agreement Hydro shall pay the Municipality the amount of Forty-Four Thousand ($44,000.00) for the purpose of training Municipality fire fighters to deal with fires at Darlington. (d) For the purposes of this Agreement, the term tlForce Majeure" means a bona fide delay arising from a strike, lock out, riots, insurrection. war, fire, tempest, act of God, lack of material or supply of service unless caused by the act or default of the Municipality or the contractor who has contracted with the Municipality to construct the new BowmanvilIe fire station referred to in clause 8(a)(i), as the case may be, provided that the term does not include a delay caused by the party who is relying on the alleged Force Majeure. The Municipality shall promptly notify Hydro of any Force Majeure event declared -10- by either the Municipality or the construction company under the construction contract, providing Hydro with all relevant information pertaining to the nature and duration of the Force Majeure event. III. Tennination of Impact Agreement, Minutes and Supplementary AaJ'eements and Payment of StatiQn Account B Funds 9. On the effective date of this Agreement, the Impact Agreement, all Supplementary Agreements to the Impact Agreement, the Minutes, and all obligations and rights under each of them are deemed to be performed save fOT (i) the payment of the balance of monies in the Station Account B provided for in the Impact Agreement on the effective date of this Agreement which monies Hydro agrees to pay to the Municipality within thirty (30) days of the effective date of this Agreement for the sole use of the Municipality; (ii) the payment by Hydro of monies from the Station Account A also provided for in the Impact Agreement pursuant to the provisions of the Tri- Partite Agreement; and (Hi) outstanding obligations of the Municipality and Hydro arising from the Supplementary Agreement between the Region, the Municipality and Hydro dated October 20, 1982, as amended by agreement dated March 27, 1984 (the "Outstanding Agreementll). 10. On the effective date of this Agreement, the Impact Agreement, the Supplementary Agreements to the Impact Agreement and the Minutes shall be terminated save for the provisions of such agreements referred to in clauses 9(i) and 9(ii) above which shall be terminated when the respective payments contemplated by them have been made by Hydro, and save aJso for the Outstanding Agreement which shall be tenninated when all its payment provisions have been fulfilled by Hydro and the Municipality. No later than thirty (30) days after each payment is made by the Municipality to Hydro pursuant to the payment provisions of the Outstanding Agreement, Hydro -11- shall pay the MlWicipality an amount equal to such payment as moneys that have been deposited in Station Account B and therefore are payable to the Municipality and not as a grant by Hydro to the Municipality. IV. Miscell~neous 11. The representations contained in the Recitals form part of this Agreement. 12. Hydro shall provide to the Municipality without charge all plans for all buildings which it has prepared or has caused to be prepared as of June 14,1993 being the date on which the final reactor at Darlington was put in service. 13. The effective date of this Agreement shall be the last of the following dates: (i) The date upon which Hydro executes this Agreement; (ii) The date upon which the Municipality executes this Agreement; and (iii) The daLe upon which the Tri-Partite Agreement is executed by the last of the parties thereto execute it. Each party shall notify the other party when the former party has executed this Agreement. Notwithstanding the foregoing, (i) should any party not execute this Agreement by January I, 1994, or (ii) the Tri-Partite Agreement not be executed by all parties thereto by January 1, 1994, then unless there is a written understanding to the contrary between the parties, this Agreement shall be null and void. -12- 14. This Agreement or any part thereof is not assignable by either party without the written consent of the other party, which consent may be arbitrarily withheld. 15. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of the parties, their successors and permitted assigns. 16. Any notice or request required to be given by one party to the other pursuant to the terms of this Agreement may be given: To the Municipality. or Municipality's Representatives at: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LtC 3A6 Attention: Mayor Fax No. (416) 623-5717 To Hydro or Hydro's Representatives at: Ontario Hydro Darlington Nuclear Generating Station P.O. Box 4000 Bowmanville, Ontario LlC 3Z8 Attentbn: Mr. R.J. Strickert Director, Darlington Fax No.: (416) 697-7331 -13- Any of the above addresses may be changed at any time by giving ten (10) days written notice. Any notice given by one party to the other in accordance with the provisions of this Agreement shall be deemed conclusively to have heen received on the date delivered if the notice is served personally, faxed or Twenty-Four (24) Hours after mailing if the notice is sent by registered mail. 17. Time is of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Date: ONTARIO HYDRO Per: Date: c: \ wp5\data \town-new\ ont-hydr\agreemnt \clar- hyd.agr SCHEDULE "I" [INSERT COpy OF TRI-PARTITE AGREEMENT] SCHEDULE "II" [LIST OF BUILDINGS] SCHEDULE "III" [INSERT FORM OF RELEASE] THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93 - 171 Being a by-law to authorize the execution of an Agreement between the Municipality of Clarington, the Regional Municipality of Durham and Ontario Hydro respecting the Darlington Nuclear Generating Station. WHEREAS Council has approved Report ADMIN. 9-93: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk of the Corporation of the Municipality of Clarington are hereby authorized to execute an Agreement with the Municipality of Clarington, the Regional Municipality of Durham and Ontario Hydro substantially in the form of the Tri-Partite Agreement contained in Appendix 1 attached to and forming part of this by-law. By-law read a first and second time this 25th day of October 1993. By-law read a third time and finally passed this 25th day of October 1993. Mayor Clerk SCaEDULE IIIV' [LETTER OF OcrOBER 8, 1993] APPENDIX #1 TO BY-GAW 93-171 Draft #8 . October 13. 1993 TRI.PARTITE AGRERMENT THIS AGREEMENT made in triplicate as of this day of October, 1993. BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") - and - THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM: ("Region") - and - ONTARIO HYDRO (IlHydroll) WHEREAS: A. By an Agreement (the IIClarington.Hydro Agreement") of even date between the Municipality and Hydro all of the provisions of the Community Impact Agreement made between The Corporation of the Town of Newcastle and Hydro dated March 22, 1977 (the 111m pact Agreement") save and except i..o.kr alia the provisions thereof respecting the funds deposited or paid in Station Account A and their expenditure, are deemed to have been performed. '. -2- B. The name of The Corporation of the Town of Newcastle was changed to The Corporation of the Municipality of Clarington by the Regional Municipality of Durham Amendment Act (Newcastle-Clarington). 1993. C. The Municipality, the Region and Hydro wish to terminate the provisions of the Community Impact Agreement made between The Corporation of the Town of Newcastle, the Region and Hydro dated August 8. 1977 (the "Tri-Partite Impact Agreement"). D. The Clarington-Hydru Agreement contemplates the execution of an agreement between the Municipality and Hydro respecting the Impact Agreement and certain other matters. A copy of the Clurington-Hydro Agreement is contained in Schedule I hereto. E. The Claringtun-HycJro Agreement also contemplates that it will come into effect and be binding on the parties thereto on the later to occur of the date of its execution by the parties thereto, and the date of execution of this Agreement by the parties hereto, in accordance with the provisions of the respective Agreements. D. This Agreement will come into effect' and be binding on the parties hereto on the later to occur of the date of its execution and the date of execution of the Clarington-Hydro Agreement in accordance wilh lhe provisions of the respective Agreements. NOW THEREFORE, the Municipality, the Region and Hydro hereby agree, in consideration of the provisions hereinafter contained, and other good and valuable consideration, as follows: -3- I. Station Account A Funds 1. (i) Notwithstanding the provisions of the Impact Agreement and the Tri- Partite Impact Agreement, within thirty (30) days following the effective date of this Agreement the sum of three million ($3,000,000.00) dollars from the balance outstanding in Station Account IIA'I, the establishment of which is provided for in the Impact Agreement shall be paid to the Municipality in respect of impacts in the Municipality regarding the construction and operation of Darlington Nuclear Generation Station. (ii) The Municipality and the Region agree that: (a) the monies paid by Hydro under clause 1(i) herein shall be deposited in a reserve fund in the Municipality's name; and (b) such monies together with interest accrued thereon may be disbursed only on joint resolution of the Councils of the Municipal1ty and the Region,respectively, for anyone or more of the following purposes: (1) the decommissioning, demolition and site rehabilitation of the Soper Creek Water Pollution Control Plant to the satisfaction of the Region, the Municipality and the Ministry of the Environment and Energy; (2) preparing studies and reports in connection with a Municipal Class Environmental Assessment and Approval of an undertaking by tbe Region for the provision of additional water pollution control plant capacity required to service lands on the western portion of the Municipality (the "South Courtice Area") pursuant to the provisions of the Environmental Assessment .. ~4- Act, R.S.O. 1990 c.18; and (3) making a contribution to servicing studies, land acquisition, detailed design and/or construction of all Regional services required to service the South Courtice Area. II. Station Account B Funds 2. The Region hereby acknowledges that the Clarington-Hydro Agreement properly provides for the payment of the balance of the monies in the Station Account B provided for in the Impact Agreement to the Municipality for the sole use of the Municipality. III. Termination of Tri-Partite Impact Agreement and Supplementary Ag:reements 3. On the effective date of this Agreement. the Tri-Partite Impact Agreement, all Supplementary Agreements to the Impact Agreement and the Tri-Partite Impact Agreement and all obligations and rights thereunder are deemed to be performed save for (i) the payment of the sum of three million ($3,000,000.00) dollars from Station Account "N' referred to in the Impact Agreement and the Tri.Partite Impact Agreement which monies Hydro shall pay to the I\1unicipality in accordance with clause 1(i) of this Agreement, and save also for (ii) olltstanding obligations of the Municipality and Hydro arising from the Supplementary Agreement between the Region. the Municipality and Hydro dated October 20, 1982, as amended by agreement dated March 27, 1984 (the "Outstanding Agreement"). 4. On the effective date of this Agreement, the Tri.Partlte Impact Agreement and all Supplementary Agreements to the Tri-Partitc Impact Agreement and the Impact Agreement shall be terminated save for the provisions of the -5- Impact Agreement and the Tri-Partite Impact Agreement referred to in clause 3(0 which shall be terminated when the payment contemplated by them have been made by Hydro, and save also for the Outstanding Agreement which shall be terminated when all its payment provisions have been fulfilled by Hydro and the Municipality. IV. Effective Date S. The effective date of this Agreement shall be the Jast of the following dates: (i) The date upon which Hydro executes this Agreement; (ii) The date upon which the Region executes this Agreement; (Hi) The date upon which the Municipality executes this Agreement; and (iv) The date upon which the Clarington-Hydro Agreement is executed by the last of the parties thereto to execute it. Each party shall notify the other parties when that party has executed this Agreement. Notwithstanding the foregoing, (i) should all three (3) parties not have executed this Agreement by January t 1994, or (ii) should the Clarington~Hydro Agreement not be executed by Hydro and the Municipality by January 1, 1994, then unless there is a written understanding to the contrary by all three parties. this Agreement shall be null and void. . eo -6- v. Misc~naneous 6. This Agreement or any part thereof is not assignable by any party without the written consent of the other parties, which consent may be arbitrarily withheld. 7. Any notice or request required to be given by one party to the uther pursuant to the terms of this Agreement may be given: To the Municipality or Municipality's Representatives at: Municipality of Clarington 40 Temperance Street BowmanvilJe, Ontario L1e 3A6 Attention: Mayor Fax No. (416) 623-5717 To the Region or Region's Representatives at: Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario 1;1 N 6A3 Attention: Regional Chair Fax No. (905) 668-7711 .. ... -7- To Hydro or Hydro's Representatives at: Ontario Hydro Darlington Nuclear Generating Station P.O. Box 4000 Bowmanville, Ontario Lie 3Z8 Attention: Mr. RJ. Strickert Director, Darlington Fax No.: (416) 697.7331 Any of the above addresses may be changed at any time by giving ten (10) days written notice. Any notice given by one party to the other in accordance with the provisions of this Agreement shall be deemed conclusively to have been received on the date dellvered if the notice is served personally, faxed or twenty-four (24) hours after mailing if the notice is sent by registered mail. 8. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of the parties, their successors and permitted assigns. 9. Time is of the essence of this Agreement. " r '" .... -8- IN \VITNESS WHEREOF the patties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf the day and year first above written. SIGNED) SEALED AND DELIVERED In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Date: THE CORPORATION OF THE REGIONAL MUNICIPALITY OF DURHAM Per: Date: ONTARIO HYDRO Per: Date; c: \ wpS\data \town.new\ onto hydr\agre emnt \ tri p" ni .agl'