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Agreement - Proximity - Facility Subd. File: ___________ Dev. Permit: __________ Rural Address: ________ PROXIMITY AGREEMENT FACILITY This Agreement dated ___________________, ______. Between: N AME: A DDRESS: P HONE N UMBER: E MAIL: And: COUNTY OF NEWELL NO.4 Box 130, Brooks, AB T1R 1B2 Whereas the Applicant has made application to undertake ground disturbance within 30 meters of a County of Newell facility at the following location: L EGAL: P LAN: B LOCK: L OT: The County hereby grants consent to the Applicant to undertake ground disturbance activities within 30 meters of a County of Newell facility under the following conditions: WHEREAS the Applicant operates or proposes to operate ground disturbing equipment within 30 meters of the County of Newell facility facility AND WHEREAS the Parties desire that an Agreement be entered into for the proximity of ground disturbance within 30 meters of a County of Newell facility; NOW THEREFORE this Agreement witnessed that, in consideration of the premises, covenants and agreements herein contained, the Parties agree as follows; 1.The County does hereby, in consideration of the sum of Fifty Dollars ($50.00) paid to the County by the Applicant, the receipt of which sum in full is hereby acknowledged, and in consideration of the covenants and conditions hereinafter set forth, grant transfer unto the Applicant the right, privilege and licence to undertake ground disturbance operations within 30 meters of a County of Newell facility (hereinafter 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media Phone: 403-362-3266 Fax: 888-361-7921 Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca 2.The Applicant shall furnish to the County detailed maps, plans and drawings of each proximity (hereinafter Proximity at time of application. Permits will not be issued otherwise. 3.The Applicant shall not undertake ground disturbance activities without first obtaining approval of the Proximity Plans by the County. 4.If the Applicant obtains written approval of Proximity Plans by the County as described in Article 3, herein, ground disturbance operations shall conform exactly to the Proximity Plans for which approval of the County was obtained. Deviation from the plan must receive approval before commencement. 5.This Agreement shall remain in force and effect until such time ground disturbance activities have ceased at the Proximity location. 6.The Applicant may enter upon and occupy the Proximity for the purposes provided in this Agreement, for the duration of this Agreement. 7.The Applicant does hereby agree that it shall not make or bring any claim, action, suit, proceeding or demand against th with respect to any occurrence, incident, accident or happening relating in any matter whatsoever to this Agreement and the rights and obligations arising therefrom, which, without limiting the generality of the foregoing shall include any claim, action, suit, proceeding or demand arising in tort or contract, providing such claim, action, suit, proceeding or demand is not the result of any wilful act or negligence of the Notwithstanding the foregoing, in no event shall the County ever be liable to the Applicant for any consequential, indirect or special damages. Special damages shall include, but not be limited to, the value associated with any loss of product from the Structure. 8. officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding agents and contractors by any third party with respect to any occurrence, incident, or happening relating in any manner whatsoever to this Agreement and the rights and obligations arising therefrom, and which indemnity shall, without restricting the generality of the foregoing, include all legal costs incurred by the County in defending such a claim, action, suit, proceeding or demand providing such claim, action, suit, officers, employees, servants, agents of contractors. 9.Upon request of the County, the Applicant agrees to provide to the County, prior to the commencement of construction of a Proximity, security in the amount and of such type as the County shall reasonably request. 10. Subject to Article 25 herein, the Applicant shall provide the Coun during normal business hours (8 am to 5 pm) Monday to Friday or at approvals@newellmail.ca of 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media Phone: 403-362-3266 Fax: 888-361-7921 Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca its intention to perform any ground disturbance within 10 metres of a County of Newell facility. The County representative can be contacted at 403-633-1585. 11. If Ground Disturbance is to take place within in 10 meters of a County of Newell facility, the facility may have to be hand exposed as per County of Newell guidelines. 12. In the event of any emergency involving the ground disturbance, no prior written notice shall be required to be given to the County for the Applicant to attend the emergency. However, the Applicant shall, in all instances, immediately attend to the emergency and as soon as possible thereafter advise the County of such emergency. 13. This Agreement shall not be assigned by the Applicant without written consent of the County, which consent shall not be unreasonably withheld. 14. In the case of default by either of the Parties hereto in carrying out any of the terms, covenants and provisions of this Agreement, either Party may give fifteen (15) days written notice of such default to the other. In the event that the Party claimed to be in default does not commence to remedy such default within the fifteen (15) day period, the other Party may take such steps that are appropriate and necessary to remedy such default, and the Party in default shall be liable for and pay all reasonable costs and expenses incurred with respect to the remedying of such default. 15. Any condiment, excusing or overlooking by either Party of any default, breach, or non-observance by the other Party at any time or times in respect of any covenant, provisions, or condition herein contained shall no or non-observance by the other Party. No covenant, term or condition of the Agreement or any breach thereof shall be deemed to have been waived by either Party unless such waiver is in writing and signed by the Party waiving. 16. Every notice required by this Agreement to be in writing shall be delivered personally, sent by prepaid registered mail or email. In the case of personal delivery, such notice shall be deemed to be received on the date of delivery and, in the case of service by mail, shall be deemed to have been given seven (7) days following the date upon which it was mailed. 17. This Agreement shall be governed by the laws of the Province of Alberta and the rights and obligations of the Parties hereto are subject to all present and future laws, rules, regulations and orders of any legislative body or duly constituted authority now or hereafter having jurisdiction over the Parties or the subject matter of this Agreement. 18. This agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media Phone: 403-362-3266 Fax: 888-361-7921 Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca 19. Subject to Article 25 herein, this Agreement shall remain in force and effect until such time as the Structure is physically removed from the Proximity. 20. If the defaulting Party has not remedied or commenced to remedy the default after the expiration of the fifteen (15) day period set out in Article 27, then the other Party may terminate this Agreement by giving six (6) months written notice to the defaulting Party. 21. This Agreement contains the entire Agreement between the Parties hereto and no understandings or agreements, verbal or otherwise, exist between the Parties except as herein expressly set out. 22. The Applicant has twelve (12) months to complete the installation of the Structure. If the installation procedures have not commenced prior to the twelve month period, a new Proximity agreement will be required. IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals under the hands of their proper signing officers in that behalf to give effect to this Agreement the day and year first above written notwithstanding the actual date or dates of execution. The above terms accepted by Applicant (please complete the following information): Print Name ____________________________ Signature ____________________________ ____________________________ Approved By: County of Newell representative: Print Name ____________________________ Signature ____________________________ ____________________________ 183037 RR145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media Phone: 403-362-3266 Fax: 888-361-7921 Email: administration@newellmail.ca Web: www.countyofnewell.ab.ca