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HomeMy WebLinkAbout07 120 Kenneth Roppel (Enbridge) (Lt 16, Con 5, Bruce) Site Plan Agreement By-Law . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 120 BEING A BY-lAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH KENNETH ROPPEl AND ENBRIDGE ONTARIO WIND POWER lP (Lt 16, Con 5, Bruce) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP, for that property located at Lot 16, Concession 5 Bruce Except Part 225 To 28, 3R1002, Municipality of Kincardine in the County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Lot 16, Concession 5 Bruce Except Part 25 To 28, 3R1002, Municipality of Kincardine in the County of Bruce, and being more particularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP, which is attached to this by- law as Schedule "A", as well as any other documentation required relating to the said Site Plan Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the "Kenneth Roppel (Enbridge) (Lt 16, Con 5 Bruce) Site Plan Agreement By-law," .../2 . . . . Page 2 Kenneth Rappel (Enbridge) (Lt 16, Con 5 Bruce) Site Plan Agreement By-law By-law No. 2007 - 120 READ a FIRST and SECOND TIME this 11 th day of July, 2007 /{~ Mayor READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007. till SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: ~ncl day of J u..~ ' 2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- KENNETH ROPPEl -and- ENBRIDGE ONTARIO WIND POWER lP hereinafter collectively 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 "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". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. 2. The Owner hereby releases the Municipality, its seNants, 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 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". \ ,.. Page 2 Site Plan Agreement 4. The owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 5. 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. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. 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. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. 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 "8" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. 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 CAO shall issue a certificate of compliance. b) "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 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". Page 3 Site Plan Agreement 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. 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 "G" (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 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. 16. 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 sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly 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; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. 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 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 Page 4 Site Plan Agreement 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 are to remain in a natural state with a minimum amount of 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. v) "Commercial Wind Generation System (CWGS)" shall mean one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. vi) "Wind Generation System (WGS)" shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. IN WITNESS WHEREOF the Municipality has hereto affixed its c~te se~est by the hand of its Mayor and Chief Administrative Officer this I / day of .~_ 2007. The parties have hereunto set their hands and seals this ~ ~ay (/ . 2007. SIGl'jJED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNIClPALI~~l:ARDINE Mayor( - L~rry Kraemer ~'" \. - ~, \? c,-;:) v^ mfI hief Administrative Officer - John deRosenroll I/We have authority to bind the Corporation ./C~ Kenneth Roppel ENBRIDGE ONTARIO WIND /--/---., POWER LP _ f /// ~ Name:G. RoberL~lmpson Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation SCHEDULE IIAII Lot 16, Concession 5 Bruce Except Part 25 To 28, 3R1002, Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 1" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. SCHEDULEIICII SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2009. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. 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. 4. 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. 5. The Owner agrees that any internal driveways, access roads 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. 6. 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". 7. 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, gravel 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. 8. The Owner agrees to obtain a building permit within twelve (12) 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. 9. 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. .' LRO # 3 Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as BR5547 on 2007 07 30 yyyy mm dd at 16:00 Page1of9 Description Address 33289 - 0026 L T LT 16 CON 5 BRUCE EXCEPT PT 25 TO 28, 3R1002; KINCARDINE 02486 BRUCE ROAD 20 KINCARDINE I Consideration Consideration $ 0.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5 R. R.#5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Parly To(s) Capacity Share Name Address for Service RaPPEL, KENNETH R. R. #2 Tiverton, ON NOG 2TO This document is not authorized under Power of Attorney by this party. Name Address for Service ENBRIDGE ONTARIO WIND POWER L T 795 Queen Street Kincardine, ON N2Z 2X8 I, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I Signed By George Charles Magwood 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2007 07 30 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 2007 07 30 Tel 519-881-3230 Fax 5198813595 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Tota! Paid $60.00 LRO # 3 Notice Under 8.71 Of The Land Titles Act The applicant(s) hereby applies tD the Land Registrar. I File Number Applicant Client File Number: 12270 Receipted as BR5547 Dn 20070730 yyyy mm dd at 16:00 Page 2 Df9 lRO # 3 Notice Under $.71 Of The Land Titles Act This document has not been submitted and may be incomplete. I Properties PIN ~A .s;r'f-? / () V 1..7 CA(y J(V~}7 In preparation on 2007 07 27 yyyy mm dd at 09:24 Page 1 of 1 Description Address 33289 - 0026 IT 16 CON 5 BRUCE EXCEPT PT 25 TO 28, 3R1002; KINCARDINE 02486 BRUCE ROAD 20 KINCARDINE /' LTV I Consideration Consideration $ 0.00 I Appticant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company 1475 Concession 5 R. R.#5 Kincardine, ON N2Z 2X6 Address for Service This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacfty Share Name ROPPEl, KENNETH Acting as an individual R. R.#2 Tiverton, ON NOG 2TO Address for Service This document is not authorized under Power of Attorney by this party. Name ENBRIDGE ONTARIO WIND POWER lT Acting as a company 795 Queen Street Kincardine, ON N2Z 2X8 Address for Service I, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules I File Number Applicant Client File Number. 12270 TIlE CORPORATION OF THE MUNICIPALITY OF KlNCARDINE BY-LAW NO. 2007 - 120 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH KENNETH ROPPEL AND ENBRIDGE ONTARIO WIND POWER LP (Lt 16, Con 5, Bruce) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreements; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP, for that property located at Lot 16, Concession 6 Bruce Except Part 225 To 28, 3R1002, Municipality of Kincardine in the County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Lot 16, Concession 5 Bruce Except Part 25 To 28, 3R1002, Municipality of Kincardine in the County of Bruce, and being more particularly described in Schedule "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the agreement with Kenneth Roppel and Enbridge Ontario Wind Power LP, which is attached to this by- law as Schedule "A", as well as any other documentation required relating to the said Site Plan Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions ot the Planning Act, 1990. 4. This By-law may be cited as the "Kenneth Roppel (En bridge) (Ll16, Con 5 Bruce) Site Plan Agreement By-law." CerliTled to be a true and comp'el~PY of By-Law Number DD7-fO/o .passed by the Councii of The Corporation ofth.:z Municjpal' of Kincardine theda of .../2 .~~ Nancy Tun::otIe, a CommIssIoner, etc., Courrty ofBruce,wnile DepL'lyCler!l; of the COlj)Oratian rJThe MurucipaJilyalKlncardina . . Page 2 Kenneth Roppel (Enbridge) (Lt 16, Con 5 Bruce) Site Plan Agreement By-law By-law No. 2007 - 120 READ a FIRST and SECOND TIME this 11'h day of July, 2007 /~ Mayor 4 ~ READ a THIRD TIME and FINALLY PASSED this 11'h day of July, 2007. Magwood, Van De Vy'U're, Thompson & Gro'U'-McClement LLP BARRlSTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTQN,ONTARIO NOG2VQ GEORGEC,MAGWOOD,BA,LL.B. BRIANJ.VANDEVYVERE,B.A.,lL.B C,HEDLEYTkOMPSON,B.A..Ll.M. TAMI~YW, GRDVE-MCCLEMENT. B.A., LL.B TELEPHONE (519)881-3230 EMAIL wmvt@bmts.wm FAX (519)881-3595 August 2, 2007 Michelle Barr Municipality of Kincardine 1475 ConcessionS, R.R. #5 Kincardine, Ontario N2Z 2X6 Dear Mrs. Barr: RE: Enbrid2:e Ontario Wind Power Site Plan A2reements - Registration Date July 30, 2007 Please find enclosed the electronic receipt for the 14 Enbridge Site Plan Agreements registered July 30,2007, together with extra copies of the Agreement and By-laws, which we no longer require. The registration details of the Agreements enclosed are as follows. 1. BR5544 - John Rappel 2. BR5545 - John Rappel 3. BR5546 - John Rappel 4. BR5547 - Kenneth Rappel 5. BR5548 Scott Reichard 6. BR5549 - Murray Ribey 7. BR5550 - Dean Ribey and Candace Swindell-Ribey 8. BR5551 - Benjamin Lariviere and Barbara Fournier 9. BR5552 William Foster ] O. BR5553 - William and Linda Foster II. BR5556 - Murray Ibbotson 12. BR5557 - Thomas McEvoy 13. BR5558 - Thomas and Brenda Lawrie 14. BR5559 - Steven and Janice Ball i~~uTS~, .~ MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE-MCCLEMENT L5b-r- "- ~ George C. Magwood GCM:sg Ends. Igd~W'it'~';"~ .,' Si '" f!: n ~, q: '" '\1.\' ~ ~'~ ~'~ r~ o Q; ,t,' ,;, ~ ",:~ .f: g "' i ~ . ~ 00" " 00 0 i'? " 0\ Q g IB " 0 0' 0 , ;:!,. - p 0 ~J [] 0 , t. ~ ~ .. 'I ~ DoonD~ DDDODO!:J[1C1 I i , UI I i g "