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<br />THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 29-2009 <br /> <br />A BY-LAW AUTHORIZING THE EXECUTION OF A ROAD <br />USER AGREEMENT BETWEEN GRACEY WIND FARM <br />LIMITED PARTNERSHIP AND THE CORPORATION OF THE <br />COUNTY OF ESSEX <br /> <br />WHEREAS Gracey Wind Farm Limited Partnership, by its General Partner <br />2167308 Ontario Inc. (hereinafter referred to as the "Producer") desires the right to use <br />certain portions of the road allowance(s) along County roads owned by the Corporation <br />of the County of Essex for the purpose of constructing, operating and maintaining a <br />Pole/line system for the transportation of electricity within the road allowance and for <br />using portions of certain road allowances for the transportation of pmts and materials for <br />the construction of its Wind Tower System known as the "GraceyWilld Farm"; <br /> <br />AND WHEREAS the Corporation of the County of Essex has agreed to grant to <br />the Producer the desired right of use upon certain terms and conditions; <br /> <br />NOW THEREFORE the Council of the Corporation of the County of Essex <br />hereby enacts as follows: <br /> <br />1. That permission be granted to the Producer to use certain portions of the road <br />aIlowance(s) along County roads owned by the Corporation of the County of <br />Essex for the purpose of constructing, operating and maintaining a Pole/line <br />system for the transportation of electricity within the road allowance and for using <br />certain portions of certain road allowances for transportation of parts and <br />materials for the construction of its Wind Tower System known as the "Gracey <br />Wind Farm", subject to the execution ofa Road User Agreement, a copy of <br />which is attached hereto and forms part of this By-law. <br /> <br />2. THA T the Warden and Clerk be and they are hereby authorized to execute the <br />Road Use Agreement with the Producer, attached hereto and affix the Corporate <br />Seal thereto. <br /> <br />3. THIS By-law shall come into force and take effect on the date of passing. <br /> <br /> <br />L <br /> <br /> <br />ADAMS, DEPUTY WARDEN <br /> <br />~rN~~ <br />MARY . B I A, CLERK <br />