''"1. " ' I The Corporation of the Town of South Bruce Peninsula By-Law Number 87-2019 Being a By-Law to Authorize the Mayor and Clerk to Sign an Agreement with the Township of Georgian Bluffs for the Provision of Water and Sewer Services Whereas Section 20 of the Municipal Act, 2001, Chapter 25 as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies to jointly provide for their joint benefit any matter which all of them have the power to provide within their own boundaries; And whereas the Council for the Town of South Bruce Peninsula has deemed it necessary, desirable, expedient and in the public interest to enter into an agreement with the Township of Georgian Bluffs for the provision of water and in some instances sewer services to the owners or occupants of land beyond the limits of the Town of South Bruce Peninsula. Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows: 1) That the Mayor and Clerk are hereby authorized to sign an agreement with the Township of Georgian Bluffs for the provision of water and sewer services to owners and occupants of land within the Township of Georgian Bluffs. 2) That the agreement referred to herein shall be attached to and form part of this by-law. 3) That the provisions of the agreement referred to herein shall be deemed to have taken full force and effect retroactively to the expiration of the previous service agreement for the Oxenden system, namely April 18, 2017 and shall repeal and replace any previous agreement for the Gateway System or the Elm Street Area. 4) That any by-law inconsistent with the provisions of this by-law are hereby rescinded and repealed. 5) That this by-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 17th day of Septem "• Read a third time and finally passed this 17th day This Water Supply Agreement made effective this 15th day of April, 2017 ("1Etmecft011® Dat®"); Between: Tile Ccwporntion of the Town cil' Soutll 18rnce PeD'iill'lsUilll, Hereinafter referred lo as "South Bruce Peninsula"; And The Corporation of the Township of Georgian !Bluffs, Hereinafter referred lo as "Georgian Bluffs" Whereas Section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may enter into an agreement with one or more municipalities or local bodies to jointly provide for their joint benefit any matter which all of them have the power to provide within their own boundaries; And Whereas South Bruce Peninsula is the successor of the former Corporation of the Town of Wiarton ("Wiarton") and Georgian Bluffs is the successor of the fornier Corporation of the Township of Keppel ("Keppel"); And Whereas South Bruce Peninsula currently provides water to properties located in Georgian Bluffs pursuant to an agreement dated April 14, 1997 (the "Originai Agreement") that was originally entered into by Wiarton and Keppel; And Whereas the protection, sourcing, treatment, supply, transportation, delivery of water for the purpose of drinking is a public utility and regulated through several statutes, regulations and guidelines; And Whereas the Parties hereto wish to set out their respective rights and obligations regarding the provision of municipal services to properties; Now Therefore This Agreement Witnesses that in consideration of the sum of $10.00 now paid by each Party to each other Party hereto and in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all Parties hereto, the Parties agree as follows: Definitions 1. In this Agreement, the following capitalized terms shall have the meaning provided herein: (a) "Agreement" means this Water Supply Agreement and all Schedules and Exhibits attached to this Agreement and the expressions "hereof', "herein", "hereto", "hereunder", "hereby" and similar expressions refer to this Page 1 of 25 Agreement and unless otherwise indicated, references to sections, Articles or Exhibits are sections, articles or exhibits, as applicable, in this Agreement; (b) "Au:i~nicaibll@ l8Jw" means any applicable statute, ordinance, olecree, regulation, or by-law or any rule, circular, directive or any licenses, consent, permit, authorization, concession or other approval issued by any Government Authority which has appropriate jurisdiction and includes any certificate of approval, environmental compliance approval or permit lo take water; (c) "Coim1cW' means either the Council of South Bruce Peninsula or of Georgian Bluffs, or both of them, as the context requires; (d) "Daily Marn:imum" means 375m3/day of treated water as described in the justification report prepared by J.L. Richards & Associates dated July 31, 2018 included in Schedule F; (e) "Emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise (as defined in the Emergency Management and Civil Protection Act, RSO 1990, c E 9); (f) "Government Authority" means any government, regulatory authority, ministry, board, department, municipality, court or other law, regulation or rule-making entity, having jurisdiction or authority over the matter in issue; 3 3 (g) "m " means cubic meter and "/m " means per cubic meter; (h) "Oxenden Area" means certain lands within a certain parcel and tract of land known as part of Lots 1 to 11, Jones Range, Township of Georgian Bluffs, County of Grey, Province of Ontario as shown in Schedule "A" to this Agreement; (i) "Oxenden Distribution System" means the water distribution system, as may be amended, as shown in Schedule "C" to this Agreement; U) "Party" means either South Bruce Peninsula or Georgian Bluffs and "Parties" means both of them; (k) "Water" means water suitable for human consumption that meets or exceeds all applicable requirements for drinking water including but not limited to the prescribed drinking water standards set out in 0. Reg.169/03 (Ontario Drinking Water Quality Standards), made pursuant to the Safe Drinking Water Act, 2002, SO 2002, c 32; Page 2 of 25 (I) "Water !Rate By-law" means a by-law enacted by the Town of South Bruce Peninsula to establish and impose prices and time of payment for the use of municipal water, as may be amended, updated or replaced from time to time and/or any successor by-law established for the same purpose, ais the case may be; (m) "WiaiitO>R'i Gateway and Elm Street Area" means certain lands within a certain parcel and tract of land known as Lot 1, Concession 21, Township of Keppel, in the Township of Georgian Bluffs, County of Grey, Province of Ontario, as shown in Schedule "B" to this Agreement; (n) "Wiarton Gateway and Elm Street Area lnfrastmcture" means the system for the supply of water located in the Wiarton Gateway Area which extends from the West side of Highway 6 to the East side of Highway 6 to the individual property lines of homes accessing onto Highway 6; Page 3 of 25 2. Unless terminated in accordance with the provisions of this Agreement, !he term of this Agreement shall commence on the Effective Date and terminate on at noon local time on April 15, 2027. 3. The Parties shall review this Agreement every five (5) years, by convening a meeting(s) of representatives chosen from the staff of each of the Parties hereto. The intent of the review is to discuss instances in which this Agreement has worked well and items that may need addressing given the future needs of the Parties at such time. 4. Neither party shall issue a notice to terminate prior to April 15, 2022. 5. The parties agree that Notice of Intent to either negotiate a new agreement or end the agreement upon expiry shall be provided on or before April 15, 2023. Failure by either party to issue a Notice of Intent will default to the intention to negotiate a new agreement on or before April 15, 2027. 6. In the event South Bruce Peninsula agrees to negotiate a new agreement on or before April 15, 2023 but subsequently decides not to negotiate a new agreement they will be required to provide 4 years notice of such change 7. In the event Georgian Bluffs agrees to negotiate a new agreement on or before April 15, 2023 but subsequently decides not to negotiate a new agreement they will be required to provide a minimum of 2 years notice of such change. Change of laws 8. If, following the commencement of this Agreement, there is a change in the Applicable Law that has a material impact on the ability of either Party to fulfill its obligations herein, such Party shall forthwith notify the other Party of such change in Applicable Law and the Parties shall negotiate in good faith amendments to this Agreement to preserve as much as possible the current intent of the Parties in entering this Agreement. Service & Delivery 9. South Bruce Peninsula agrees to continue the supply of water to Georgian Bluffs for residents located within the Oxenden Area and the Wiarton Gateway and Elm Street Area. Provision of water to any area in Georgian Bluffs shall include, but not be limited to, water required for use by residents in the Oxenden Area and the Wiarton Gateway and Elm Street Area, for firefighting purposes, for hydrant flushing and during emergency situations. 10. South Bruce Peninsula will ensure that all water delivered to the point of ownership change for the Oxenden Distribution System will meet all of the requirements of the Drinking Water Objectives established by the Province of Ontario.