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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 42 -2010 <br />A BY -LAW AUTHORIZING THE EXECUTION OF A <br />ROAD USER AGREEMENT BETWEEN POINTE -AUX- <br />ROCH'ES WIND INC. AND THE CORPORATION OF THE <br />COUNTY OF ESSEX <br />WHEREAS Pointe - Aux - Roches Wind Inc., (hereinafter referred to as the <br />"Producer ") desires the right to use certain portions of the road <br />allowance(s) along County roads owned by the Corporation of the <br />County of Essex for the purpose of constructing, operating and <br />maintaining a Pole /line system for the transportation of electricity <br />within the road allowance and for using portions of certain road <br />allowances for the transportation of parts and materials for the <br />construction of its Wind Tower System known as the "Pointe-Aux- <br />Roches Wind "; <br />AND WHEREAS the Corporation of the County of Essex has <br />agreed to grant to the Producer the desired right of use upon certain <br />terms and conditions; <br />NOW THEREFORE the Council of the Corporation of the County <br />of Essex hereby enacts as follows: <br />1. That permission be granted to the Producer to use certain <br />portions of the road allowance(s) along County roads owned by <br />the Corporation of the County of Essex for the purpose of <br />constructing, operating and maintaining a Pole /line system for <br />the transportation of electricity within the road allowance and for <br />using certain portions of certain road allowances for <br />transportation of parts and materials for the construction of its <br />Wind Tower System known as the "Pointe- Aux - Roches Wind'; <br />subject to the execution of a Road User Agreement, a copy of <br />which is attached hereto and forms part of this By -law. <br />2. THAT the Warden and Deputy -Clerk be and they are hereby <br />authorized to execute the Road Use Agreement with the <br />Producer, attached hereto and affix the Corporate Seal thereto. <br />