HomeMy WebLinkAboutAgreement - Buried Facility within a ROW183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 1 of 7
AGREEMENT FOR THE
INSTALLATION OF A BURIED FACILITY WITHIN A COUNTY OF NEWELL ROAD ALLOWANCE
This Agreement Between:
_____________________________________________________
(hereinafter the “Applicant”)
And:
COUNTY OF NEWELL
(hereinafter the “County”)
Whereas the Applicant has made application to install a buried facility within a County Road Allowance at the
location specified below or on the plans submitted:
Legal Land Description Quarter: ______ Section: ______ Twp: ______ Range: _______ Meridian: ______
Lot: _________________________ Block: ____________________ Plan: ______________________
Physical Address: ________________________________________________________________________
The County hereby grants consent to the Applicant to install a buried facility within a County Road
Allowance under the following conditions:
WHEREAS the title to all public highways and roads is vested in the Crown in right of Alberta subject to the
County having the control and management of the public highways and roads, in accordance with the provisions
of the Municipal Government Act, R.S.A. 2000, M-26 as amended (which public highways and roads, including
road allowances, are hereinafter referred to as the “Roads”);
AND WHEREAS the County is a municipal corporation that is responsible for the orderly development of a
system of highways, roads, and road allowances within its municipal boundaries in accordance with the
provisions of the Municipal Government Act.
AND WHEREAS the Applicant operates or proposes to operate a Buried Facility within a municipal Road
Allowance (hereinafter referred to as “Buried Facility”).
AND WHEREAS the Parties desire that an Agreement be entered into for the installation of a buried facility within
a County of Newell Road Allowance.
NOW THEREFORE this Agreement witnessed that, in consideration of the premises, covenants and agreements
herein contained, the Parties agree as follows.
OFFICE USE ONLY
AGREEMENT #
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 2 of 7
1) The County does hereby, in consideration of the sum of One Dollar ($1.00) paid to the County by the
Applicant, the receipt of which sum in full is hereby acknowledged, and in consideration of the covenants
and conditions hereinafter set forth, grant transfer unto the Applicant the right, privilege and licence to lay,
construct, operate, maintain, inspect, repair, remove and replace Buried Facility within the Roads by the
applicant at those locations described within the title bar herein.
2) All Buried Facilities shall be constructed, inspected, maintained, repaired, replaced, and removed in
accordance with all applicable Federal, Provincial and Municipal legislation and regulations.
3) The Applicant shall furnish to the County detailed maps, plans and drawings of each Buried Facility
placement (hereinafter referred to as the “plans”) at time of application. Permits will not be issued otherwise.
4) The Applicant shall not construct a Buried Facility without first obtaining approval of the plans by the County.
5) If the Applicant obtains written approval of the plans by the County as described in Article 3, herein,
construction of a Buried Facility shall conform exactly to the plans for which approval of the County was
obtained. Deviation from the submitted plan must receive approval before commencement.
6) A buried facility paralleling a road surface shall not be installed closer to the highway driving Surface than
the toe of side slope. The side slope shall not be disturbed during cable installation.
7) If installation on the back slope is not possible, the facility may be installed at the lowest portion of the road
ditch.
8) The Buried Facility must be bored in or plowed within the Road; open cut method of installation is not
permitted.
9) The minimum depth of cover shall be one (1) meter, with a preferred depth of two (2) meters.
10) All Buried Facilities are to be registered with the One Call System.
11) If a surface structure is required for the Buried Facility, the structure location must be approved by the County
of Newell before installation.
12) Permanent Buried Facility lines shall not be permitted inside a culvert or drainage structure, closer than a
minimum distance of two and a half (2.5) times the culvert diameter, or five (5) meters beyond the limits of
any existing bank or bed rip-rap protection, whichever distance is greater.
13) Buried facilities shall not be attached to a bridge structure without the written consent of the County.
14) All waste material shall be removed and all disturbed areas shall be leveled and trimmed in an approved
manner and re-seeded where necessary to restore the right-of-way to the original or better conditions.
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 3 of 7
15) Manholes buried splice boxes or vaults located within the Road shall be placed "flush" with the adjacent
ground and adjacent to the edge of the right-of-way.
16) A County representative may be present on site when installation takes place.
17) When conducting construction, inspection, maintenance, repair, replacement or removal of any Buried
Facility within a Road, the Applicant shall take all precautions necessary to ensure the safety of all persons
using the Road, which precautions may include, without limiting the generality of the foregoing, the use of
warning signs, lights, flares, barricades and devices.
18) All Roads wherein construction, maintenance, repair, replacement, or removal of a Buried Facility has
occurred must be restored to its original condition to the satisfaction of the County.
19) The Applicant shall maintain all Buried Facilities to the continued satisfaction of the County.
20) The Applicant does hereby agree that, upon receiving a minimum of six (6) months written notice by the
County, the Applicant shall lower, extend, or otherwise alter the Buried Facility at its own expense as and
when required by the County to do so.
21) The Applicant may enter upon and occupy the Buried Facility for the purposes provided in this Agreement,
for the duration of this Agreement.
22) Nothing contained in this Agreement shall be deemed to limit or in any manner prohibit the County from fully
using and enjoying any portions of the Roads where the Buried Facility has been installed in any lawful
manner whatsoever and the rights, herein granted to the Applicant are strictly limited to the rights expressly
granted herein.
23) The Applicant shall be liable for and pay all taxes, rates and assessments of any kind and description
whatsoever that may be imposed by any lawful authority by reason of the presence of Buried Facility within
the work area or by reason of this Agreement and the Applicant shall indemnify and save harmless the
County from and against all such taxes, rates and assessments.
24) The Applicant does hereby agree that it shall not make or bring any claim, action, suit, proceeding or demand
against the County, it’s elected officials, officers, employees, servants, agents and contractors with respect
to any occurrence, incident, accident or happening relating in any matter 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, providing such claim, action,
suit, proceeding or demand is not the result of any wilful act or negligence of the County, it’s elected officials,
officers, employees, servants, agents or contractors.
25) 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 product from the Buried Facility.
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 4 of 7
26)The Applicant hereby agrees that it shall indemnify and save harmless the County, it’s elected officials,
officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding or
demand made or brought against the County, it’s elected officials, officers, employees, servants, agents and
contractors by any third party with respect to any occurrence, incident, 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 providing such claim, action, suit, proceeding or demand
is not the result of any wilful act or negligence of the County, it’s elected officials, officers, employees,
servants, agents of contractors.
27)Upon request of the County, the Applicant agrees to provide to the County, prior to the commencement of
construction of the Buried Facility, security in the amount and of such type as the County shall reasonably
request.
28)Subject to Article 29 herein, the Applicant shall provide the County forty eight (48) hours’ notice
during normal business hours (8:00 am to 4:30 pm) Monday to Friday or at
approvals@newellmail.ca of its intention to perform any ground disturbance on the buried
facility within County of Newell Rights of Way. The County representative can be contacted at
403-362-3266.
29)In the event of any emergency involving the buried facility, no prior written notice shall be required to be
given to the County for the Applicant to attend the emergency. However, the Applicant shall, in all instances,
immediately address the emergency and as soon as possible thereafter advise the County of such
emergency.
30)In case of an emergency involving the roadway under which the buried facility is situated, the County may
enter upon the work area and take whatever steps are necessary to safeguard users of the roadway and to
satisfy their obligations under the Municipal Government Act.
31)This Agreement shall not be assigned by the Applicant without written consent of the County, which consent
shall not be unreasonably withheld.
32)In the case of default by either of the Parties hereto in conducting any of the terms, covenants and provisions
of this Agreement, either Party may give fifteen (15) days written notice of such default to the other. In the
event that the Party claimed to be in default does not commence to remedy such default within the fifteen
(15)day period, the other Party may take such steps that are appropriate and necessary to remedy such
default and the Party in default shall be liable for and pay all reasonable costs and expenses incurred with
respect to the remedying of such default.
33)Any condiment, excusing or overlooking by either Party of any default, breach, or non-observance by the
other Party at any time or times in respect of any covenant, provisions, or condition herein contained shall
not operate as a waiver of the Party’s rights hereunder in respect of any subsequent default, breach, or non-
observance by the other Party. No covenant, term or condition of the Agreement or any breach thereof shall
be deemed to have been waived by either Party unless such waiver is in writing and signed by the Party
waiving.
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 5 of 7
34) Every notice required by this Agreement to be in writing shall be delivered personally or sent by prepaid
registered mail. In the case of personal delivery, such notice shall be deemed to be received on the date of
delivery and, in the case of service by mail, shall be deemed to have been given seven (7) days following
the date upon which it was mailed.
35) This Agreement shall be governed by the laws of the Province of Alberta and the rights and obligations of
the Parties hereto are subject to all present and future laws, rules, regulations and orders of any legislative
body or duly constituted authority now or hereafter having authority over the Parties or the subject matter of
this Agreement.
36) This agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective
successors and assigns.
37) This Agreement shall remain in force and effect until such time as the Buried Facility is physically removed
from the Road.
38) If the defaulting Party has not remedied or commenced to remedy the default after the expiration of the
fifteen (15) day period set out in Article 32, then the other Party may terminate this Agreement by giving six
(6) months written notice to the defaulting Party.
39) This Agreement contains the entire Agreement between the Parties hereto and no understandings or
agreements, verbal or otherwise, exist between the Parties except as herein expressly set out.
40) All disturbed areas, except the driving surface of the approach, must be seeded with a grass seed mixture.
Using current County of Newell Agriculture Services approved seed mixture.
41)There will be a zero tolerance in the mixture for weed seeds that are classed as restricted or noxious under
the Weed Control Act or that have been elevated to a restricted or noxious weed status through a County of
Newell Bylaw. This will be verified by the Applicant providing the Agricultural Service Board Field man with
a Certificate of Analysis. A list of restricted and noxious can be found at www.invasiveplants.ab.ca.
42)Notice
42.1) 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:
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 6 of 7
In case of notice or communication to the County, to:
County of Newell
183037 Rge Rd 145
Box 130
Brooks, AB T1R 1B2
In case of notice or communication to the Applicant, to:
(mailing address of Applicant)
_________________________________________________
Name
_________________________________________________
Mailing Address
_________________________________________________
Phone Number
_________________________________________________
Email Address
42.2) Either party may change its mailing or delivery address by giving to the other party written notice to
that effect.
43) Collection of Personal Information
43.1) The personal information collected on this form will be used by the County of Newell to administer
road allowances. This collection is authorized under section 4(c) of the Protection of Privacy Act
(POPA) and Division 2 Roads of the Municipal Government Act. The personal information
collected will be protected by section 10 of the Protection of Privacy Act. Please direct any
questions about this collection to the Privacy Officer for the County of Newell at 403-362-3266 or
administration@newellmail.ca.
IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals under the hands of their proper
signing officers in that behalf to give effect to this Agreement the day and year first above written notwithstanding
the actual date or dates of execution.
183037 Rge Rd 145 (Box 130), Brooks, AB T1R 1B2 Check us out on social media
Phone: 403-362-3266
Email: administration@newellmail.ca
Web: www.countyofnewell.ab.ca
Revised 2025-12-11
Page 7 of 7
The above terms accepted by Applicant (please complete the following information):
Applicant County of Newell
_______________________________________ ________________________________________
Name Name
_______________________________________ ________________________________________
Signature Signature
_______________________________________ ________________________________________
Date Date