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Agreement - Texas Gate AGREEMENT FOR THE INSTALLATION and USE OF A TEXAS GATE This Agreement Between: N AME: M AILING A DDRESS: P HONE N UMBER: E MAIL: And: COUNTY OF NEWELL Box 130, Brooks, AB T1R 1B2 Whereas the Applicant has made application to install a Texas Gate at the following location: L EGAL: P LAN: B LOCK: L OT: R URAL OR U RBAN A DDRESS: WHEREAS the Applicant wishes to place a Texas Gate across a municipal road located within the municipal boundaries of The County; and WHEREAS The County agrees to allow the Applicant to place a Texas Gate across a municipal road located within the municipal boundaries of the County under certain terms and conditions; NOW THEREFORE in consideration of the premises and of the covenants by and between the parties hereto, the parties do agree each with the other as follows: 1) Article 1 -Interpretation 1.1) This Agreement, including the recitals, the Schedules and this clause, the following terms (unless the context specifically requires otherwise) shall have the following meanings: 1.11) 1.12) 1.13) "Texas Gate" shall mean any structure or device in which all or part of the structure or device is placed across an excavated portion of a roadbed so as to allow the normal passage of persons and vehicles along the road while preventing the passage of livestock. 1.14) shall mean any County of Newell councillors, the CAO, staff and\\or agents of the County of Newell 1.14) "Vehicle" shall mean a device in, on or by which a person or thing may be transported or drawn on a highway, which, without limiting the generality of the foregoing shall include motor vehicles. 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 1.2) The division of this Agreement into articles and paragraphs, and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 1.3) All references to any person in this Agreement shall be read with such changes in number and gender as the context requires. 1.4) All statements of, or references to, dollar amounts in this Agreement shall mean lawful money of Canada. 1.5) This Agreement shall be governed by the laws of the Province of Alberta, and the Parties agree to submit to the jurisdiction of the Courts of the Province of Alberta. 2) Article 2 -Construction of Texas Gate 2.1) The County agrees to allow the Applicant to construct, maintain and operate, at the Applicant's own cost and expense, a Texas Gate across a municipal road located within the municipal boundaries of the County of The County, which road may be legally described as follows: (legal description) (hereinafter referred to as the "Road"). 2.2) The Applicant agrees that the Texas Gate shall be of such design and construction to ensure the safe use of the Road by any and all persons and Vehicles entitled to use the Road. The Texas Gate shall be 9 meters wide on all roads, and shall be of like design as that shown in Schedule 'A', which is attached to and forms part of this Agreement. 2.3) The Applicant agrees to place warning signs on both sides of the Texas Gate, which warning signs shall be of reflective material and be highly visible to users of the Road. The Applicant must obtain these warning signs from The County and shall pay The County for these signs the amount that The County itself paid for these signs. Or the applicant may use provincially regulated signs designated as WA-36-L and WA36-R. 2.4) The Applicant agrees to keep the Texas Gate and the warning signs described in Article 2.3, herein, in a reasonable state of repair. 2.5) The Applicant agrees that, during construction or repair of the Texas Gate, precautions be taken to ensure the safety of any and all persons and Vehicles using the Road, which, without limiting the generality of the foregoing, may include the use of flagmen and the placement of signs warning of the construction or repair. 2.6) The Applicant agrees to pay the fee of Three Hundred Dollars ($300.00) per Texas Gate application. Fees must be paid at the time of application. 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 2.7) The Applicant agrees that, if the condition of the Texas Gate or the warning signs described in Article 2.3, herein, is such that it creates a hazard to the safety of any and all persons and Vehicles using the Road, the Applicant shall immediately effect repairs or removal of the Texas Gate or the warning signs. 2.8) The Applicant agrees to restore any disturbed area to its original condition, including the re-grassing of the disturbed area to the satisfaction of The County. 3) Article 3 -Liability Waiver and Indemnity 3.1) The Applicant hereby agrees that it shall not make or bring any claim, action, suit, proceeding or demand against The County, its elected officials, officers, employees, servants, agents or contractors with respect to any occurrence, incident, accident or happening relating in any manner 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. 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 goods or product. 3.2) The Applicant hereby agrees that it shall indemnify and save harmless The County, its elected officials, officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding or demand made or brought against The County, its elected officials, officers, employees, servants, agents and contractors by any third party with respect to any occurrence, incident, accident 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. 4) Article 4 -Assignment 4.1) This Agreement may not be assigned or transferred by the Applicant in whole or in part without the prior written consent of The County. 5) Article 5 -Termination 5.1) This Agreement may be terminated by The County as follows: 5.11) The County must give to the Applicant thirty (30) days written notice of its intention to terminate; and 5.12) Within thirty (30) days of receiving notice of intention to terminate this Agreement in accordance with Article 5.11, herein, the Applicant shall, at its own cost and expense, remove the Texas Gate and restore the portion of the municipal road wherein the Texas Gate was located to the same condition as the remainder of that municipal road. 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 5.2) This Agreement may be terminated by the Applicant as follows: 5.21) The Applicant must give to The County thirty (30) days written notice of its intention to terminate. 5.22) Applicant shall, at its own cost and expense, remove the Texas Gate and restore the portion of the municipal road wherein the Texas Gate was located to the same condition as the remainder of that municipal road. 6) Article 6 -Notice 6.1) Any notice or other communication or instrument permitted pursuant to this Agreement shall be in writing and shall be delivered personally or may be mailed by prepaid registered mail addressed as follows: 6.11) In case of notice or communication to the County, to: County of Newell Box 130 Brooks, AB T1R 1B2 6.12) In case of notice or communication to the Applicant, to: (mailing address of Applicant) 6.2) Either party may change its mailing or delivery address by giving to the other party written notice to that effect. 7) Article 7 -General Matters 7.1) Any condonment, excusing or overlooking by either party of any default, breach or non - observance by either party at any time or times in respect of any term, covenant, or condition, or any matter contained in the Agreement shall not operate as a waiver of any subsequent default, breach or non- observance. No term, covenant, or condition shall be deemed to have been waived unless such waiver be in writing and signed on behalf of the party so waiving the same. 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 7.2) Time shall be of the essence in this Agreement. 7.3) This Agreement contains the whole of the agreement between The County and the Applicant with respect to the Texas Gate. There are no other warranties, representations, conditions or collateral agreements except as set forth in this Agreement. 7.4) This Agreement shall be binding upon and ensure to the benefit of the Parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF this Agreement has been executed by the parties effective 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 ____________________________ Date ____________________________ Approved By: County of Newell: Print Name ____________________________ Signature ____________________________ Date ____________________________ 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 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