Report from Andy re Atco

There is currently in effect, a contract between ATCO Pipelines and  the Acadia Recreation Complex which lays out do's and don'ts of any work that may take place on the hump, which is, in part, a utility right-of way. This contract expires June 8, 2012, and was put in place specifically to outline correct behaviour during the work being done that created the hump.

We will need to enter into a new, similar, contract with ATCO which will outline the rules under which we can create our garden.

Attached is a basic outline of clauses usually included in a contract ATCO draws up for anyone doing "landscaping" near their right-of-way.

ATCO will prepare the contract at no cost. They will require a drawing of our planned improvements.

See you all tomorrow.

C 27

LANDSCAPING ON GRANTOR'S FACILITY AND RIGHT-OF-WAY

1. If during the course of the Work it is necessary to temporarily reduce the depth of cover over Grantor's Facility to be less than 1.2 metres, heavy equipment shall not be allowed over Grantor's Facility until the minimum of 1.2 metres of cover is restored, unless otherwise approved by Grantor's field representative.
2. If soil is removed from Grantor's right-of-way, the minimum depth of cover over Grantor's Facility must not be less than 1.0 metre.  A minimum side slope of 3:1 (H:V) must be maintained throughout Grantor's right-of-way where material is removed.
3. If fill is added to Grantor's right-of-way the total cover over Grantor's Facility shall not exceed 2.0 metres.  A minimum side slope of 3:1 (H:V) must be maintained for any fill on Grantor's right-of-way.
4. Non-vibratory compaction equipment shall be used to achieve compaction within 5.0 metres of Grantor's Facility, or as directed by Grantor's field representative.
5. Shrubs must be hand planted and shall be no closer than 3.0 metres to either side of Grantor's Facility and have a mature height of no more than 2.0 metres.
6. All trees shall be planted no closer than 5.0 metres to Grantor's Facility.  Mature canopy/tree foliage shall be maintained to ensure a minimum distance of 3.0 metres on either side of Grantor's Facility.
7. Parking and lighting are not permitted on Grantor's right-of-way.
8. Sprinkler systems are not permitted on Grantor's right-of-way.
9. Commercial signage is not permitted on Grantor's right-of-way.
10. All Grantee's improvements shall be placed within the Crossing Area at Grantee's sole risk, cost and expense.  Grantor shall not, in any case, be responsible for any loss, damage, cost or expense incurred by Grantee associated with, or arising from, damage to any of Grantee's improvements, including where caused by Grantor's negligence or due to Grantor exercising its rights to use Grantor's right-of-way or otherwise using or maintaining Grantor's Facilities.
11. Grantee shall maintain in good condition all improvements on Grantor's right-of-way.

Andy