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HomeMy WebLinkAbout02 089 agre opg wind farm - - e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2002 - 89 A BY·LAW TO AUTHORIZE THE SIGNING 0 A SITE PLAN AGREEMENT WITH ONTARIO POWER GEN RATION INC. WHEREAS the Council for The Municipality of Kincardine deems it adv sable to enter into an Agreement with Ontario Power Generation; I I AND WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Secti0141, authorizes municipalities to enter into Site Plan Agreements; ~ NOW THEREFORE the Council for The Corporation of the Municip lity of Kincardine ENACTS as follows: , 1. That the Corporation of the Municipality of Kincardine enter into a Site Plan Agreement with Ontario Power Generation Inc. to ensure appropri e development of those lands described as Concession 5, Part Lots A, B, C and D, Municipality of Kincardine (former Township of Bruce), said lands being more pa icular1y described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and CAO be authorized to sign, on behalf of The orporation of the Municipality of Kincardine, the Agreement with Ontario Power Gen ration attached to this by-law and to affix the corporate seal as and when required. 3. This By-law shall come into full force and effect upon its final pass ge. 4. This By-law may be cited as the "OPG Wind Farm Site Plan Agree By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED 0 BE PASSED this 26th day of June, 2002. Clerk I _ W ~nce ~ Ontario Document General Form. Land 1stratIon Reform Ad 3 70~g.l.{ (1) Registry 00 (31 r.r:~~ s) Do Process Software Ltd. . (416) 322-6111 07174 D Land Tn..s 0 (2) Page 1 of 9 pages Block Property Additional: See 0 Schedule (4) Noture 01 Document Site Plan Agreement - S.41(10) Planning Ad (81 Description (REGISTRY) - Lots 30 (Save & Except Part of Lot 30 within the limits of Plan 3R-7352), 31,33,34,35,36 & 37, Concession "A", Lots D & E,Concession 2, Lots F,G & I, Concession 3, Lots A & B, Concession 4 (Save & Except Part Ion Plan 3R-7019), Lots A,B & C (Save & Except Part 1 on Plan 3R-7348), D (Save & Except Part 4 on Plan 3R-379) & H, Concession 5, Lots A,B & H, Concession 6, Lots 1,2,3,4,5,6,7,8,10,11,12, 13,15,16,17,18,19,20,21,22,23,25,26,27 & 28 on Plan of Subdivision 714 . . NOV 1 3 . (6) Consideration NONE New Property IdenUflers AddIUons!: S.. Schedule , o Lot 1'. Pia. at Ill, lIesigRated 89 Part 18ft Plftl13R f>887. All in Township of Bruce (now Municipality of Kincardine), County of Bruce Executions Additional: S.. 0 Schedule (71 This Document Contains: '81 ThIs Document provides as follows: .Plan Agreement attached hereto as pages 2-9. '81 Thl.. Document relates to Instrument numberjs) 03 6072 0356073 (101 partypes) (Set out status or ,_) Name(s} RE.'ºRr.Q.MJ.lQ.I'!!.ºF..IH£...............m............m.......m..m... ......ºNIÇlr.ð."'n:Y...ºf..r.gNÇAߺ!N~.....mm...........m.............n þy..i!I~.q!iJ;i!ºr...Gr.llhnm..E,.M.!I!!!!.!I.!I.......mm........m..m.........m..... Donars $ (a) Redescription New Easement 0 Plan/Sketch (b) Schedule for: Add~ional Description 0 Parties 0 other IXI Continued on Schedule 00 Slgnature(s) Date of Signature -~==~;:~:~:;~~¡~~:~::~~f~;j~~~ .ml~..~m.m..mm1"· .....m"r-m·r-···' i ¡: clo 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 (12) partypesl (Set out Slatus or Inlerest) Nalne(s} º.I'!!IÜ,m.r.Q.w.ER..GE.NEM.nºNJ~J;;'....m.mm.........mm.. (QlY1ICr.lm.............m.........mm.............m.........................m.m.......mm... ·..............no__......................no__o__............_non....n_..........._.................._____..... 113) ~... foi_ I Municipal Address 01 Property Slgneture(s) Date of Signature Y M D · .. ....nnn......nonon.un....non.unon................nn.......on.......unon._.........n"'_........ · .. · .. · .. · .. · .. · " · .. · " · .. --...............-..--.......................--..........-......................................................... · .. · " · .. · .. · .. · " · .. · .. · .. · " _n.........................................._....................................1............--.1......1...... 700 University Avenue, Toronto, Ontario M5G lX6 (16) Document Prepared by: Fees and Tax Graham E. Mahood MAHOOD & DARCY 313 Lambton Street Kincardine, Ontario N2Z 2Y8 R.R.3 Tivel1;on, Ontario NOG :no ~ :5 Registration Fee :!I '" :!I :J I ... ::> ::> Total Dowmenl PfeI*'" UlingFomf1. w- LMdFOfIM 1::. 1- ~ 2 SITE PLAN AGREEMENT . This AGREEMENT made this ¿}{ß-tJJ day of lJ u...t.U BETWEEN: 0 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,200~. hereinafter called the "Municipality" of the First Part, -and- ONTARIO POWER GENERATION INC. hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it Is the registered owner of those lands In the Municipality of Kincardine, County of Bruce, described In Schedule "A" attached hereto and fonning part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this . agreement are as set out In Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, If any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways In the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which Is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: . PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to comply with the Municipality of Kincardine building pennit process. 4. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement In the Registry Office for the County of Bruce against the ·subject lands". - .. .2 "'\.. . . I ~ . ':'.1- i 3 Page 2 OPG Wind Farm Site Plan Agreement 5. The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its Interest in the lands hereto. 6. The clauses of this agreement are Independent and severable and the striking down or Invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 7. Nothing In this agreement shall relieve the Owner from complying with all applicable municipal requirements. 8. The Owner hereby grants to the Municipality, Its servants, agents and contractors a license to enter the ·subject lands" for the purpose of Inspection of the wor1<s and the ·subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at Its sole expense, In conformity with the site plan as detailed In Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan". 10. The OWner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. Upon completion of the development of the "subject lands" In conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. The OWner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be Issued until such work necessary to complete the development Is done, and that until such certificate of compliance has been Issued, In the event that the prescribed time period has lapsed, the Municipality has the right to refuse Issuance of any permit necessary to carry out any additional work on the "subject lands". 11. a) b) 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not Impede or prohibit performance of the maintenance provided for In this agreement. .. .3 - '\",. t... J . . 4 Page 3 OPG Wind Farm Site Plan Agreement 14. The Owner agrees to maintain In good repair and at its sole expense the ·subJect lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "C· (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "B". 16. The OWner agrees that, at its sole expense, all parking areas provided on the ·subject lands" shall be reasonably in all clrcumstancas, maintained clear of snow so as not to prohibit or block or in any way restrict accass along any driveway, walkway for vehicular and pedestrian traffic or reduca the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The OWner agrees not to store snow on-site such thet it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Munlclpality-owned road allowances abutting the subject lands. 18. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at Its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality In like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. . 19. The OWner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; t b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the proper1y executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs Incurred by the Municipality In respect to the aforementioned dedications; to, where required by Municipal resolution, dedicate to the Municipal widening of highways that abut on the land described in Schedule ·A" attached hereto, free and clear of all encumbrances. c) ...4 . ,"- '" ·t~..~ J ! . . . , 5 Page 4 OPG Wind Farm Site Plan Agreement PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structLlres shall be permitted. iI) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and omamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps. iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. Iv) "Natural Open Space" shall mean the areas of open space which maintenance, but shall not Include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area. Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which Is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. IN WITNESS WHEREOF the Municipality has hereto affixed its ~ratJI seal attested ~bY the hand of its MI!)'Of. and Chief Administrative Offi cer this rY~ ~ day of ---' ß) 2oo.9....~ partie, have hereunto set their hands and seals this ð;:g::::;ï day of V" ... I . .200 6l. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIP. LlTY OF KINC DINE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ;f..e- ~.;¿~ ,v.i/ lef Administrative Officer - John deRosenroll --- ~ ~~....u ~~~~ Mana - Busin ss Development Ontario Power Generation Inc. Murray Paterson (I have authority to bind the Corporation) I Witness . ,,~~ ..ti e ei e . , 1'" , 6 SCHEDUj,.E "A" To OPG Wind Farm Site Plan Agreement In the Township of Bruce, now In the Municipality of Kincardine, County of Bruce: (Registry) 1. lots 30 (save and except that part of Lot 30 within the limits of Plan 3R- 7352), 31, 33, 34, 36, 36 and 37, Concession A or Lake Range, lots D and E, Concession 2, Lata F, G and I, Concession 3, Lots A and B, Concession 4 (save and except PART 1 ON Plan 3R·7019), lots A, B and C (save and except PART 1, Plan 3R-7348), D (save and except PART 4, Plan 3R-379) and H, Concession 6, lots A, B and H, Concession 6 All of lots 1,2,3,4,6,6,7,8, 10, 11, 12, 13, 16, 16, 17, 18, 19,20,21, 22, 23, 25, 26, 27 and 28 on Plan of Subdivision 714 (Land Titles) - (Water Tower) 2. Parcel 18-1, Section 3M-113 being Part of lot 18, Plan M113 designated as PART 2, Plan 3R-6087. ~...../o.... "r...., . . . . 7 §gjEDULE "B" To OPG Wind Fann Site Plan Agreement The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative OffIcer or deputy, signed by the Owner and with any changes marked in red and Initialed by the Chief Administrative OffIcer or deputy and the OWner. This "approved site plan" shall be filed with the Municipality's Chief Administrative OffIcer. .~j. ,'''~ . . . , i ..!'i~" " 8 SCHEDULE "C" To OPG Wind Farm Site Plan Agreement SIT~ DEVELOPMENT REgUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2002. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees that any floodlighting of the land shall be installed In such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties. 4. The Owner agrees to ensure during development of the ·subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer In this regard, acting reasonably. 5. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 6. The Owner agrees that any intemal driveways which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be Installed to the specifications and requirements as indicated on the ·approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 7. 9. The Owner agrees to appropriately and properly finish all lands lying between the ·subject lands· and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. II) Installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. Iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement Is null and void. "'>\.~. \ l '.'~ . . . ~. 11. 12. SCHEDUY: "C" To OPG Wind Farm Site Plan Agreement The OWner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. The Municipality's Chief Administrative OffIcer may agree In writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council In the form of a Site Plan amendment to this agreement. I ' 9 ~ . -~ ~ ..-...... ~! W~rovince ~Ontario Document General Form 4 - Land lstratIon Reform Act Do Process Software Ltd. . (416) 322~111 07174 D (1) Registry 0 (3) ::'=(S) Land Titles 00 (2) Page 1 of 9 pages " Block Properly Additional: See 0 Schedule LTOS0537. (4) Nature of Document Notice of Site Plan Agreement - Sedion 71 Land Titles Act NOV 1 3 2002 (5) Consideration NONE Dollars $ el) Descñptlon Plan 3R-7352), 31,33,34,35,36 & 37, Concession "A" & E,Concession 2, Lots F,G & I, Concession 3 & B, Concession 4 (Save & Except Part 1 on Plan 3R- , ots A,B & C (Save & Except Part 1 on Plan 3R-7348 ve & Except Part 4 on Plan 3R-379) & H, & H, Concession 6, Lots 1,2,3,4,5,6,~,~,~0,11,12, AddRionoJ: (LAND TITLES) Water Tøw8r - ParcellS-I, Section 3M-113, being Part ~~Ule 0 Lot 18, Plan M-113, designated as Part 2 on Plan 3R-6087. All in Township of Bruce (now Municipality of Kincardine), County of Bruce Additional: ~ule 0 (7) This Document Contains: (a)R_pIIon New Easement PlanlSketch i (b) Schedule for: ; Addftional o i Descñption 0 Parties 0 Other IX! (8) This Document provides as IoIlows: . The Land Registrar for the Land Titles Division of Bruce No.3 The Corporation of the Municipality of Kincardine has an unregistered estate, right, interest or equity in the land described herein and registered in the name of ONTARIO POWER GENERATION INC., pursuant to s. 41(10) of the Planning Act and hereby applies under Section 71 of the Land Titles Ad for the entry of a Notice of Site Plan Agreement in the register for the said Parcel. The enclosed Site Plan Agreement affects the lands shown in Box (6) above. Continued on Schedule 00 (I) Thls'Document relates to instrument numberCs) 7 "r L-n. (10) pertyOes) (set out Status or Interest) Name(s) Slgnalure(s) Date of Signature .........nm...........nnm.......mmm.......mnnn.n...mmm·r····~mm·r···fm. ...::.nn...··fi·mm......~~m·..t··mmm........mmm·...·Ti~T~~ ..J.~mmm~~.........m.m··......rm~·...····Tn.nr····· .."QRffi.RAImN.QF..:rn:E..........nmm.........mmnn..........m. M.1mIÇ!!'.~n:¥.nm:.KINçð.lWIN~......nm...m............mnm.... þy.j!I.s.9.!i!;i!ºr~.GrllÞ.!!m..E,.M.ª"º.9.!!.n.......m.m.n.....mmn.mm...... do 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 (12) Pally(ies) (Set out Status or Interest) Name(s) 51gna1ure(s) Date of Signature Y M D · ,. ._n_nun_....._.._n_n_nn.n....nn_.......nn.n.n.n....n_n_n.0000._.._00_00..00....00.._00.00..... · .. · ,. · ., · .. · ., · .. · .. · ., · .. mnnm............nnm....nmmmm...mmmmn...nmmm···rnmmm·Tmnrm.. .n_u.nuu......_nuun_.....n.n.n.n.......nn_n.n_....._...n.nn..1..oo.oonn....r.._n1..oo... Q.l'f.fn4lUQ..f.º.W.ER.G.t;.NtM.IJQN.INC...mm......m.....nmm. LO!me"(.....mmm.m......mnmm.n....mmm.nm....mm.............m..mmm... ....._.._00.00_00........00.00.00..........00...00.00.00...............00.........00_...00_.........00_..00.00.00.. (13) _ss for ServIce Municipal Address of Property 700 University Avenue, Toronto, Ontario M5G lX6 (15) Document Prepand by: Fees and Tax R.R.3 Tiver1Ðn, Ontario NOG :no Graham E. Mahood MAHOOD & DARCY 313 Lambton Street Kincardine, Ontario N2Z 2Y8 Registration Fee :.u '" => :.u Q :;: .. ::) '" q Total Document prepantcl uaInG For.1.. 'Ware LendFomrs . ~ :: ~ .,,~ -.1 ",/", . . .' 2 SITE PLAN AGREEMENT This AGREEMENT made this c9/#4.J day of lJ " ...ß ) BETWEEN: 0 THE CORPORATION OF THE MUNICIPAliTY OF KINCARDINE ,2000<. hereinafter called the "Municipality" of the First Part, -and- ONTARIO POWER GENERATION INC. hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that It Is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described In Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out In Schedule "N attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways In the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which Is hereby admitted, the Owner for himself and for all successors In title, HEREBY AGREES with the Municipality as follows: . PART A - GENERAL PROVISIONS . 1. The parties to this agreement hereby agree that the Owner as herein stated Is the registered owner of those lands described In Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to comply with the Municipality of Kincardine building permit process. 4. The Owner agrees to allow the Municipality at its sole expense and in Its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". ... 2 .. , . . \'!.. ~"", '.1'" . . . '. 3 5. Page 2 OPG Wind Farm Site Plan Agreement The Owner will at all times Indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind Its Interest In the lands hereto. 6. The clauses of this agreement are Independent and severable and the striking down or Invalidation of anyone or more of the clauses does not Invalidate all or any of the remaining clauses. 7. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 8. The Owner hereby grants to the Municipality, Its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the "subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at Its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan". 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. "CertifICate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 12. The Owner hereby acknowiedges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be Issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". b) 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at Its sole risk and expense and the Owner agrees the "subject lands" will not Impede or prohibit performance ofthe maintenance provided for In this agreement. .. . 3 . . .,.'.> . . " .~ 4 Page 3 OPG Wind Farm Site Plan Agreement 14. The Owner agrees to maintain in good repair and at its sole expense the ·subject lands" in conformity with the provisions of SChedule "B" (approved site plan) and Schedule "C· (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completelyenctosed container In the location as shown on Schedule "B". 16. The Owner agrees that, at Its sole expense, all parking areas provided on the ·subject lands· shall be reasonably In all circumstances, maintained clear of snow so as not to prohibit or block or In any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 17. The Owner agrees to maintain at Its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municlpallty-owned road allowances abutting the subject lands. 18. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that In default thereof and In the sole discretion of the Municipality, the Municipality may perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality In like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, R.S.O., 1990, c.M. 45, as amended. . 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; . b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properiy executed documents In a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs Incurred by the Municipality in respect to the aforementioned dedications; to, where required by Municipal resolution, dedicate to the Municipal widening of highways that abut on the land described In Schedule "A" attached hereto, free and clear of all encumbrances. c) ... 4 .. ~ * . ,. - .) .. ..~. 5 Page 4 OPG Wind Farm Site Plan Agreement . PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. Ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may Include space occupied by paths, walks, courts, patios but shall not include parf(lng areas, traffic aisles, driveways and ramps. "Parf(ing Area" shall mean the areas of open space other than a street to be used for the parf(lng of motor vehicles and access ramps and driveways to areas used for the part<:lng of motor vehicles which shall be clear of bUildings and structures except those accessory to the operation of the parf(ing area, and which shall be available and maintained for the part<:lng of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iii) . Iv) "Natural Open Space" shall mean the areas of open space which are to remain In a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, part<:lng areas, traffic aisles, driveways or ramps, or Building Area. Natural Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space, IN WITNESS WHEREOF the Municipality has hereto affixed Its corporaœ seal attested y the hand of Its Map and Chief Administrative Officer this ëY/ß ~ day of 2009.... de parties. have hereunto set their hands and seals this dayofUu ~ J.¿ .2006l. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIP. LITY OF KINCARDINE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . --- ---~1.\'"'III'''' 1 Witness . ~r.,,-- ~2.r~,,^LI lef Administrative Officer- John deRosenroll ~~~, Mana - Busin ss Development Ontario Power Generation Inc. Murray Paterson (I have authority to bind the CorporaUon) . .... - .;.... . - ..... r . _~.)I-~ e: . . . 6 ~ To OPG Wind Fann Site Plan Agreement In the Township of Bruce, now in the Municipality of t<lncardlne, County of Bruce: (Registry) 1. Lots 30 (save and except that part of Lot 30 within the limits of Plan 3R- 7352), 31, 33, 34,35, 36 and 37, Concession A or Lake Range, Lots D and E, Concession 2, L.ots F, G and I, Concession 3, Lots A and B, Concession 4 (save and except PART 1 ON Plan 3R·7019), Lots A, Band C (save and except PART 1, Plan 3R-7348), D (save and except PART 4, Plan 3R-379) and H, Concession 5, L.ots A, B and H, Concession 6 AU of Lots 1, 2, 3,4,5,6,7,8,10,11,12,13,15,16,17,18,19,20,21, 22, 23, 25, 26, 27 and 28 on Plan of SubdMslon 714 (Land Titles) - (Water Tower) 2. Parcel 18-1, Section 3M-113 being Part of Lot 18, Pla~M113 designated as PART 2, Plan 3R-6087. ~.~ . ~ i"",. - ' ~ ,~. .~. ....." a . . . 7 SCHED!J~ To OPG Wind Fann Site Plan Agreement The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality's Chief Administrative Officer or deputy, signed by the Owner and with any changes marked in red and initialed by the Chief Administrative Officer or deputy and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. '" ( .. .", ~ 4~ .. - '. -,,;, .,:..' , , , . . . 8 SCHEDULE "C" To OPG Wind Farm Site Plan Agreement §!..TE DEVELOeMENT BEQUIREM~ 1. The OWner agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2002. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled In Intensity so as to prevent glare on adjacent streets and properties. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are Installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 5. The Owner agrees to Install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 4. 6. The Owner agrees that any internal driveways which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. The Owner agrees to appropriately and properiy finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: I) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. il) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. Iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. .-.... 8;.-it .. ·f -.¿:.. .. -I ~ I . :,. . ;. 9 SCHEDULE "C" To OPG Wind Fann Site Plan Agreement SITE DEV~T REgUIREMENTS Page 2 11. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. 12. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council In the fonn of a Site Plan amendment to this agreement.