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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 27 -2010 <br />A BY -LAW AUTHORIZING THE EXECUTION OF ROAD <br />USER AGREEMENTS BETWEEN BORALEX WIND <br />ENERGY 2 INC. AND THE CORPORATION OF THE <br />COUNTY OF ESSEX <br />WHEREAS Boralex Wind Energy 2 Inc., acting as the general <br />partner for the Naylor Wind Farm Limited Partnership, North Malden <br />Wind Farm Limited Partnership and South Side Wind Farm Limited <br />Partnership, (hereinafter referred to as the "Producer ") desires the <br />right to use certain portions of the road allowance(s) along County <br />roads owned by the Corporation of the County of Essex for the <br />purpose of constructing, operating and maintaining a Pole /line system <br />for the transportation of electricity within the road allowance and for <br />using portions of certain road allowances for the transportation of <br />parts and materials for the construction of its Wind Tower Systems <br />known as the "Naylor Wind Farm', "North Malden Wind Farm" <br />and "South Side Wind Farm". <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 Systems known as the "Naylor Wind Farm ", <br />"North Malden Wind Farm" and "South Side Wind Farm ", <br />subject to the execution of Road User Agreements, copies of <br />which is attached hereto and forms part of this By -law. <br />2. THAT the Warden and Clerk be and they are hereby authorized <br />to execute the Road Use Agreements with the Producer, <br />attached hereto and affix the Corporate Seal thereto. <br />