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1994-085 To Enter into an Access Agreement with the County of Simcoe II I, il CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94- 85 Being a By-law to Enter Into an Access Agreement with the county 0 Simcoe. WHEREAS the County of Simcoe owns and operates a waste disposa site on Part Lot 10, Concession 6, Township of oro-Medont~ (formerly Oro) in the County of Simcoe; II II AND WHEREAS the Township of Oro-Medonte own an unopened Roa Allowance which abuts the Waste Disposal Site, such Road Allowanc being between Lots 10 and 11, Concession 6; , , I i, II AND WHEREAS the County of Simcoe requires access to the unopene Road Allowance for groundwater monitoring in accordance with th Ministry of Environment and Energy regulations; NOW THEREFORE The Corporation of the Township of Oro-Medonte enact~ as follows: i 1. That the attached Agreement titled Schedule "A" forms part ot this By-law. That the Mayor and Clerk be authorized to execute the agreement. 2. saiq 11 idl II 1.,1 , 1994. ,1 I I' [1 3. That this By-law shall come into full force and effect on final passing thereof. READ a first and second time this 4th day of May READ a third time and finally passed this 4th 1994. day of May II 'I II [I II I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE1 I i ! ~ca '. . \-~Uf MA . ROBERT E .:DRURY <-- v , I II ~A /p/,,,.) _ ~riV./AA=/~/' ~ERK DARLENE SHOEBRIDGE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94- 85 Being a By-law to Enter Into an Access Agreement with the county of Simcoe. . WHEREAS the County of Simcoe owns and operates a waste disposal site on Part Lot 10, Concession 6, Township of Oro-Medonte (formerly Oro) in the County of Simcoe; AND WHEREAS the Township of Oro-Medonte own an unopened Road Allowance which abuts the Waste Disposal Site, such Road Allowance being between Lots 10 and 11, Concession 6; AND WHEREAS the county of Simcoe requires access to the unopened Road Allowance for groundwater monitoring in accordance with the Ministry of Environment and Energy regulations; NOW THEREFORE The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the attached Agreement titled Schedule "A" forms part of this By-law. 2. That the Mayor and Clerk be authorized to execute the said agreement. 3. That this By-law shall come into full force and effect on its final passing thereof. READ a first and second time this 4th day of May , 1994. READ a third time and finally passed this 4th 1994. day of May THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~,/ "'. MA /2; -( /r; "" g.) ~ {[Jp AL fDI' ~ cfERK DARLENE SHOEBRIDGE . AGREEMENT THIS AGREEMENT dated the 4TH day of May BET WEE N: , 1994. . THE CORPORATION OF THE COUNTY OF SIMCOE hereinafter called the "County" OF THE FIRST PART; - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter called the "Owners" OF THE SECOND PART WHEREAS the County owns and operates a waste disposal site located at Part of the West Half of the East Half of Lot 10, Concession 6, Township of Oro, County of Simcoe, designated as Part 1, Plan 51R- 2395; AND WHEREAS the County has assumed ownership and responsibility for the waste disposal site by By-law 3854 passed pursuant to the Municipal Act, R.S.O. 1990, c. M-45; AND WHEREAS the County is the holder of a provisional Certificate of Approval for a Waste Disposal Site No. A252701 issued to the Township of Oro by the Ministry of Environment and Energy pursuant to Section 39 of the Environmental Protection Act, R.S.O. 1990, c. E-19; AND WHEREAS the OWners own a portion of land being an unopened township road allowance that abuts the southerly boundary of the waste disposal site, those lands being Part of the road allowance between Lots 10 and 11, Concession 6, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. AND WHEREAS the Ministry of Environment and Energy requires that an attenuation zone be designated which would include a parcel of land extending from the southerly boundary of the waste disposal site, a distance of 66 feet across the entire width of the waste disposal site; AND WHEREAS the County has determined that an attenuation zone is required as described in Schedule "A" attached hereto; AND WHEREAS the County requires access to this attenuation zone to allow for groundwater monitoring to comply with the Ministry of the Environment regulations; AND WHEREAS the County passed a By-law authorizing the entering into of an agreement for access to the attenuation zone and for all such purposes as set out in this agreement; . AND WHEREAS it is recognized by the County that the OWners currently use the future attenuation zone for the purposes of an unopened road allowance and the County acknowledges that the Owners wish to continue this use; NOW THEREFORE in view of the covenants and agreements herein contained, the parties agree as follows: 1. The Owners shall continue the land uses on the parcel of land as those uses are in existence on the date of this agreement and shall not allow any new use to be made of the parcel of land, including opening or closing this road allowance, without the written consent of the County. The County shall consult with the Ministry of Environment and Energy prior to 2 agreeing to any new uses and shall not unreasonably withhold its consent. If and when groundwater monitoring wells are installed, pursuant to this agreement, the Owners shall take all reasonable steps to discontinue any use of the parcel of land that w?uld be rendered hazardous in the opinion of the County, act~ng reasonably, as a result of the installation. . 2 . The Owners shall grant the County and all those acting on its behalf, the right of re-entry to the attenuation zone at all times for the purposes of completing the requirements of this agreement which shall include but not be limited to the following: a) a right of entry to enter the land for any purposes as set out hereunder; b) to repair, replace or install as required, pipes for well purposes for testing and sampling water quality and levels; c) to conduct such tests as may be required by the Ministry of the Environment or the County from time to time. 3. The location of any groundwater monitoring wells on the said lands shall be agreed upon by the County and the Owners, both acting reasonably, after consultation with the District Office of the Ministry of Environment and Energy. 4. The County shall ensure that any wells are marked visibly throughout the year. 5. The County shall complete all works in a manner so as to minimize damage to the unopened road allowance. 6. At the completion of all test drilling all lands utilized by the County for test drilling or access to test drilling sites shall be returned to their original or a better condition than they were previous to the test well drilling occurring, to the greatest extent possible. 7. The County is solely responsible for the installation, maintenance, care, plugging or removal of any groundwater monitoring wells located on the Owners' land under this agreement and agrees to permanently cap any wells that are no longer required for testing purposes. If at all possible and permissable the County will ensure that capping occurs below the surface of the ground and then the surface will be returned to as near to its original condition as possible. 8. The term of this agreement shall be twenty-five (25) years. 9. The County agrees that all costs relating to the negotiation, preparation and registration of this agreement and relating to engineering, surveying and legal costs, as well as all costs relating to any work performed under this agreement shall be solely at the expense of the County. 10. The Owners agree that the County in its sole discretion register this agreement in the Registry Office for Registry Division of Simcoe (No. 51) against the lands set in Schedule "A". may the out . 11. The County agrees to indemnify and save harmless the Owners and any of its employees and agents against all claims for personal injury or property damage or both that arise due to: a) the entry onto the land by the County or those acting for it, or 3 b) the installation, maintenance, sampling, plugging or removal by the County or those acting on its behalf, of any groundwater monitoring wells. . This obligation shall extend to all expenses and fees that may be incurred by the Owners that would not have been incurred but for the entry by the County under this agreement. This indemnity shall survive the termination of this agreement. 12. The County shall supply to the Owners a copy of any reports or laboratory analysis or any other data as a result of the monitoring of any groundwater monitoring wells that may be located on the attenuation zone, upon written request from the Owners. 13. The Owners agree to execute such further documents and consents as required for the purposes that may affect the carrying out of this agreement. 14. The County shall carry liability insurance to a minimum amount of One Million Dollars ($1,000,000.00) and upon request by the Owners shall provide proof of said policy. 15. This agreement may be terminated by the County at its sole discretion if it is the opinion of the District Officer of the Ministry of Environment and Energy that it is no longer necessary to have a Contaminant Attenuation Zone designation for the parcel of land and that the parcel of land is not required for groundwater monitoring wells and the District Officer so advises the parties to this agreement. 16. Any notices or other communications to be given pursuant to the provisions of this agreement are to be given at the following addresses: Mr. Steen Klint Director, Solid Waste Management Department County of Simcoe Administration Centre Midhurst, Ontario LOL lXO Mr. Robert Drury, Mayor The Corporation of the Township of Oro-Medonte Box 100, R.R. U Oro Station, Ontario LOL 2XO 17. Termination of this agreement does not remove the obligation of the County to suitably plug or remove any groundwater monitoring wells that may have been installed by the County on the land of the Owners, nor does it remove any consents to entry by the County and those acting for it for the purposes as set out in this paragraph. 18. If any of the provisions of this agreement are fou~d by a court of competent jurisdiction to be unenforceable, ~t shall not affect the enforceability of each and every other clause contained herein. . . . 4 19. This agreement shall be binding upon and enure to the benefit of the parties to this agreement and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals attested to under the hands of their proper signing officers duly authorized in that behalf. THE CORPORATION OF THE COUNTY OF SIM R ert . ury, Warden ~~~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Per: ~-'<P_OJ ~/1PAA <N~ ?arlene Shoebridge. Clerk c:\data\simcoe.doc\G9030.agr . . . SCHEDULE "A" Part of the Road Allowance between Lots 10 and 11 in Concession 6, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe, more particularly described as follows: PREMISING that the northerly limit of the Road Allowance between Lots 10 and 11, Concession 6, has an assumed bearing of N58c21'40"E and relating all bearings herein thereto; COMMENCING at an iron bar planted in the northerly limit of said Road Allowance between Lots 10 and 11, Concession 6, where the same is intersected by the northerly limit of County Road No. 11 as established by Instrument No. 16376B; ~BENCE N5Bc21'40"E a distance of 1063.37 feet to an iron bar planted; ~BENCE S30046'E a distance of 66 feet to a point in the southerly limit of said Road Allowance between Lots 10 and 11, Concession 6, Township of Oro; ~BENCE S58021'40"W along the southerly limit of said Road Allowance to a point where same intersects the northerly limit of County Road No. 11 as established by Instrument No. 163768; ~BENCE N77024' 50 "W along the said northerly limit of County Road No. 11 to the point of commencement.