2523
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G
C. Leverton,
Clerk.
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L. R. Carroll,
1iJarden
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,
READ a third time and finally passed this 17th day of May,
1978
READ a sêcond time this 17th day of May,
READ a first time this 17th day of
NOW THEREFORE the Council of the Corporation of the
County of Elgin hereby authorizes the Warden and Clerk to
sign an Agreemênt (attached as Schedule A) to sell to the
Township of Southwold the water pipeline serving Elgin Manor,
along County Road 16.
May,
1978
1978
.
AND WHEREAS the Corporation of the Township of
Southwold now wishes to purchase the said water pipeline.
provide
Manor) ,
.,old.
AND WHEREAS the said pipeline was installed to
water for the Elgin çounty Home for the Aged (Elgin
located on Lot 39 N.T.R.E., in the Township of South-
WHEREAS the Corporation of the County of Elgin
installed a water pipeline on County Road No. 16, commencing
from a point on the said road distant Two Thousand and Forty-
Seven Feet (2,047') more or less West from the boundary line
between the City of St. Thomas and the Township of Southwold,
then Westerly along said County Road to a point in the said
road abuU ing the South limit of Lot Thirty-Nine (39) North
Talbot Road East in the said Township of Southwold.
INTEREST
IIi. THE WATER PIPELINE SERVING EhGIN . MANOR
"
I
AGREEMENT TO SELL TO THE TOWNSHIP OF SOUTH\\)'OLD
"BEING A BY-LAW
TO AU'l'HORIZE
By-Law No
COUNTY OF ELGIN
THE
THE COUNTY'S
1,\),ARDEN AND. CLERK TO S)GN itN
2523
f
I
I
r AGREERENT .odo Chi, 28th day of November 1978
BET WEE N :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called the COUNTY
OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
hereinafter called the TOWNSHIP
OF THE SECOND PART
WHEREAS the Party of the First Part has installed or caused to
be installed a water pipeline on County Road Number 16, in the
County of Elgin, commencing from a point on said road, distant
Two Thousand, Forty-seven Feet (2,047.') more or less West from
the boundary line between the City of St. Thomas, in the Township
of Southwold, then Westerly along said County Road to a point
in the said Road abutting the South limit of Lot Number 39 North
of Talbot Road East in the said Township.
AND WHEREAS the said pipeline was installed to provide water
for the Elgin County Home for the Aged, located on Lot 39, North
of the Talbot Road East, in the said Township.
.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the sum of ONE DOLLAR ($1. 00) paid by the Township to the
County, and the agreements herein contained the parties agree:
1 THE PARTY OF THE FIRST PART:
A Grants to the Township all its interest in the
said pipeline and appurtenances thereto.
B Hereby grants to the Township the right to enter
Upon, use and occupy that portion of County Road
Number 16 under which the said pipeline is situated,
to survey, inspect, maintain, construct and replace
j
'.:III
unreasonably.
County Council
which approval shall
not be withheld
on
the
said Road obtain the written approval of the
except service connections to the existing pipeline
before laying or installing
a.ny new pipeline
E
Shall
the size and location. of the proposed line
Road which said Notice shall include a Plan indicating
prior to laying any new water pipelines on the
Shall notify the County Engineer at least
3
months
said
D
or lands under the
juriSdiction of the County
with traffic on the said road or with any drains.
may have the result of disturbing or interfering
any excavation or work on the said pipeline which
stead at least
24
hours in advance of commencing
the County Engineer or the person acting in his
Shall notify in writing
except in case of emergency
C
the said pipeline
in maintaining
operating
Shall use good engineering and construction practices
replacing or repairing
B
the receipt whereof is hereby acknowledged
Shall pay to the County the
sum of ONE DOLLAR
($1.00
A
THE PARTY OF THE SECOND PART
II
for water so supplied
indemnify the Township from all claims for payment
water supplied to the home for the aged and shall
or its Public Utilities Commission the cost of
pay to the Corporation of the City of St
'rhomas
C
Shall
bring thereon any necessary equipment or vehicles
for cathodic protection and
for those purposes
to
appliances or attachments including attachments
the said pipeline and any connections
2
,
apparatus
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F. In the event that the County shall deem it
expedient to alter the construction of the said
Road or any drain ditch, bridge, culvert or other
works or improvements thereon or therein and in
the course thereof it shall become necessary to
have the Township make changes in the pipeline in
order to facilitate the work of the County, then
upon receipt of reasonable notice in writing from
the Clerk of the County or anyone acting on behalf
of County Council the Township shall at the expense
of the County, change its pipeline or works at the
point specified in the said Notice.
G In constructing, repairing, maintaining or replacing
the said pipeline, shall restore the said Road to
its original condition or to a condition approved by
the County Engineer without unreasonable delay.
H Shall indemnify and save harmless the County from
and against all loss which the County may bear by
reason of any damage to property or injury to persons
caused by the construction, maintenance, replacement
or operation by the Township of the Pipeline and/or
its appurtenances unless such loss, damage, injury
or expense is occasioned by an act of God or by the
Act of neglect or default of some person, firm or
Corporation other than the Township its servants or
agents.
I With the written approval of the County(which approval
shall not be withheld unreasonably) may establish
connections to the said line for the supply of water
for public purposes or to private users and enter
into agreements for the supply of water from the
said line, and except with the written approval of
the County (which approval shall not be withheld
unreasonably) shall not permit water from the said
line to be used for any commercial or industrial
undertaking
'M,,,,...~'
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THE PARTIES HERETO AGREE
A. The Township, save and except in the event of an
emergency shall notify the Clerk of the County of
Elgin of any proposed expenditure for maintenance
in excess of $1,000.00, at least 30 days prior to
proceeding with such maintenance and shall obtain
from the Council of the County of Elgin, written
authority to proceed.
B. The cost of maintaining the said water line including
any necessary engineering costs shall be shared by
the parties hereto as follows:
The County shall bear 50 percent of the costs.
The Township shall bear the remaining 50 percent of
the costs which are to be collected from all users
of the said waterline except the County and in the
proportions determined by the Township Council.
C. The County and the Township further agree to
re-negotiate the cost sharing arrangement, ifa
major change occurs in the amount of water used by
any of the consumers on the water line. If no
agreement is reached within a period of sixty days
after a request for negotiation by either party,
the parties agree to submit the matter the arbitration
and a ward of three arbitrators, one to be appointed
by the County, one to be appointed by the Township,
and the third to be agreed upon by the parties. If
the parties do not agree upon such third arbitrator
within ten days, the aforesaid two arbitrators shall
appoint a third.
THIS AGREEMENT shall enure to the benefit of and be
binding upon the parties hereto their successors and assigns
J
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PER
PER
CORPORATIO~ OF THE TOWNSHIP OF SOUTHW
PER:
PER
OF THE COUNTY OF ELG
{j~
erk
'\'arde
IN
r
their Corporate
signing officers
f""vl
''',¡
, II
I
I,
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ff
Seals
IN WITNESS
duly attested by the hands
WHEREOF the parties
of their proper
have hereunto affixed
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PJG:sdc
GLOIN, HALL & ASSOCIATES
Barristers and Solicitors
12 Pearl Street
St. Thomas, Ontario
AGREEMENT
CORPORATION OF THE TOWNSHIP
OF SOUTffi'i'OLD
and
CORPORATION OF THE COUNTY OF
ELGIN
, 1978
DATED: November 28th
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