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HomeMy WebLinkAbout2002-092 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- og2 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Hydro One Networks Inc. to allow construction access across Hydro One Networks Inc. Transmission Line Easement 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 Corporation Seal, an agreement with Hydro One Networks Inc. to implement the recommendations contained in Report EGD-30-02; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 10th day of June, 2002. By-law read a third time and finally passed this 10th day of June, 2002. (190-,41S—....., John utton, Mayor ":01 4,(") "I. -• :ar ' Municipal Clerk . , SCHEDULE "A" THE TERMS AND CONDITIONS mentioned in the attached letter which the Owner and anyone acting pursuant to its authority (hereinafter called "The Grantee") covenants and agrees to observe and be bound by and to cause adherence to at all times are as follows: Liability 1. All persons and property at any time on the easement land in conjunction with this construction/installation shall be at the sole risk of the Grantee and HONI shall not be liable for any loss, damage or injury (including loss of life) to them or it however occurring. 2. The Grantee shall assume all liability and obligation for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this constructionlinstallation or anything done or maintained by the Grantee thereunder or intended so to be and the Grantee shall at all times indemnify and save harmless HONI from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. Insurance 3, The Grantee shall, at its own expense, arrange and maintain a comprehensive liability insurance policy (throughout all period(s) of construction/installation, naming HONI as co-insured) in the minimum amount of Two Million ($2,000,000) dollars in order to indemnify HONI as provided above. A certified copy of such policy or a satisfactory certificate in lieu thereof shall be given to HONI on or before the commencement of any construction/installation activities. Maintenance of Access/Overhead ClearanceslTower and/or Pole Setbacks 4. HONI and anyone acting pursuant to its authority may, at any time during the construction/installation period(s) and without any notice, enter on the easement land and inspect, maintain, repair, restore, alter, re-arrange, add to, replace, relocate and remove any of its works located thereon and similarly may construct, add, inspect, maintain, repair, restore, alter, relocate and remove any works or equipment on the easement lands as HONI determines necessary or desirable. HONI shall not be liable for and is hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out work aforesaid, including, without limitation, all claims for damages, indemnification, re-imbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused by physical damage to the land. ~ The Grantee shall not interfere in any way with or cause any damage to any HONI works or facilities (including poles, towers, footings, distribution or transmission lines) now existing or hereinafter constructed on the easement land. Without limiting the generality of the foregoing, the Grantee shall ensure that minimum clearances between any vehicle, load or other object including attachments or people standing thereon and HONI conductors will be maintained at all times in accordance with the provisions of The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder (i.e. 3 metres (10 feet) - facilities operating up to and including 115kV; 4.6 metres (15 feet) - 230kV facilities; 6.1 metres (20 feet) - 500 kV facilities). The Grantee shall periodically monitor any and all construction or similar activity occurring on the easement land to ensure that safe clearances to overhead conductors are maintained at all times in accordance with the provisions noted above. Should any clarification be required with respect to the maintenance of appropriate clearances in accordance with these provisions, the Grantee shall be responsible for engaging the services of a qualified engineering or other appropriate professional to provide for such clarifications. 6. The Grantee shall ensure that a minimum setback of 15 metres (50 feet) in all directions from any pole or tower structure located on the easement land is maintained at all times during construction/installation activities. If poles or towers are located within the constructionlinstallation area, the Grantee shall, at its own expense, install satisfactory temporary fencing or barriers around the affected pole or tower during the construction/installation period(s) to delineate the minimum setback requirements noted previously and restrict all equipment and material from within the fenced area(s). Temporary fencing or barriers must be removed once all constructionlinstallation activities have been completed. II konstruction Practices 7. The Grantee shall comply with the Design Standards of HONI, Canada Standards Association Standard C-22.3, the . "Safety Rules and Standard Protection Code" of HONI, The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder when using heavy equipment on the easement land during construction/installation activities. 8. The Grantee shall not change the existing grade of the easement land by any more than .30 metres (one foot) and no adverse drainage conditions affecting any HONI facilities or plant are to be created as a result of construction/installation activities. Save and except what is shown on the plan. 9. If, in the opinion of HONI, the Grantee does anything or permits anything to be done on the easement land in conjunction with the construction/installation activities which may be a nuisance, cause damage, endanger or interfere with access to HONI towers, plant or other facilities or be considered dangerous or offensive by HONI acting reasonably, HONI may at the Grantee's expense, forthwith remove, relocate, correct the condition or clear the offending work from the easement lands without being liable for any damages caused thereby and the Grantee shall re-imburse HONI for all expenses incurred in so doing. Alternatively, HONI may require the Grantee to immediately remove, relocate, correct the condition or clear the offending work from the easement lands at the Grantee's own expense and to a condition satisfactory to HONI. 10. The Grantee shall not allow any buildings, structures (including lighting standards, flag poles, signs or similar installations), works, work shacks, materials, equipment, trees, garbage, refuse, debris, snow, ice or soil, aggregate or other similar installations/materials to be constructed, built, installed, accommodated, completed, stored, parked or planted on the easement land at any time. 11. The Grantee shall not construct nor allow to be constructed any aerial service lines including electrical power, telephone, cable television, light standards or other similar services within the easement lands. 12. he Grantee shall not dispense any volatiles (e.g. gasoline, diesel fuel) or conduct any blasting activities on or in close proximity to the easement land. 13. HONI reserves the right to periodically inspect the construction/installation work from time to time and the Grantee agrees to comply with all instructions, including without limitation, instructions to halt construction/installation activities if, in the opinion of such inspectors, HONI works may, from time to time, be interfered with, or the safety of the public or such works may be in danger, or the construction/installation activities are not being carried out in accordance with HONI terms and conditions. Restoration 14. Upon completion of the construction/installation activities, the Grantee agrees to restore the easement lands (including the repair and/or restoration of all fences, gates, topsoil and ground cover disturbed by construction/installation activities and improvements such as field tiles and wells and earth) to a condition at least equivalent to that existing prior to the commencement of construction/installation activities. Other 15. The Grantee hereby confirms that the proposed construction/installation complies with all statues, bylaws, regulations, orders and directions of all governmental, regulatory or other relevant approval authorities having jurisdiction over all aspects of the said construction/installation and shall provide HONI, upon request, with satisfactory evidence of such compliance forthwith after written request for such evidence. Not withstanding anything herein contained the construction/installation shall be designed and constructed to withstand the following loads: a) moving heavy equipment - CS-300 loading according to CSA S6 b) moving mobile cranes set up for work with counterweights in place - 267 KN per tandem axle, dual wheel, 1.53m axle spacing, 360mm tires 16. The Grantee shall assume liability for payment as they become due for any and all taxes, rates and assessments of every kind whatever, or any amounts in lieu thereof, that my be imposed by reason of this concurrence to the construction/installation and shall at all times indemnify HONI from and against all such taxes, rates and assessments or amounts in lieu thereof. liS Hydro One Networks Inc. Real Estate Services 1888) 231 6657 483 Bay Street North Tower, 12th floor .. Toronto, Ontario M5G 2riTf'rnlON P"u www.HydroOne.com L_. \ ~c-;;:~:.c'" J..,_.... ,J _' I ------1 Schollen & Company Inc. Suite 109 220 Duncan Mill Road, Don Mills, Ontario M3B 3J5 ATTACHMENT NO.: 2 REPORT NO.: EGD-30-02 MUNICIPAL! TY OF CU\F1NGT(1;~ Rf::"'=lJcO ~~ri'3 ,~ I:he I ~ Dt"'~_~~~~~=__.._ ~-; ..~ r~ hydro~ one MAY Z 1 za02 E-:'::UH' .. - -~.__._.- I rCB(!i.' 1,,/','i.-::::]'.3 Jr', l.:::;"l. IH' i ~:)~ -->--1 , May 17, -260:2' File: Clarington 636.3-501 Attn. Mr. John Tiberio Landscape Technician Bowmanville Waterfront Recreation Area - Proposed Distribution & Grading of Fill Across Hydro One Networks Inc. Transmission Line Easement, South of West Beach Road. West of Port Darlinton Road. Bowmanville As a follow up to your letter of February 13, 2002, on behalf of your client the Municipality of Clarington, requesting to distribute and grade fill material (construction/installation) across lands upon which Hydro One Networks Inc. ("HONI") enjoys easement rights for our 500,000 volt transmission facilities, has been considered. Please be advised that subject to the rights provided for within the original easement agreement (or any subsequent Notice of Claim registered on title), as well as your client's acceptance of and adherence to the terms and conditions noted in Schedule "A" attached, HONI has no objection to the proposed installation at the location noted above. I would request that you arrange for your client to execute the acknowledgment found below and return this letter, as acknowledged, to the writer at Fax No. 416-345-6296, along with proof of insurance. If the acknowledgment and proof of insurance are not returned at least 10 working days prior to your client entering onto the easement to commence the said construction/installation then your client's request to construcUinstall is expressly denied and prohibited under the terms of the easement agreement. If I may be of any further assistance, please contact me at (416) 345-5833 or at our toll free number 1-888-231-6657, Extension 5833. L , ACKNOWLEDGMENT I/Vlle, on behalf of the Municipality of Clarington, having authority to bind the corporation, acknowledge having read this letter and attached Schedule "A" and agree to adhere to and be bound by these terms and conditions. I/Vlle understand and acknowledge that a breach of any of these conditions automatically negates and nullifies HONI's permission for the proposed construction/installation on its easement lands. Name: 114 Position: