HomeMy WebLinkAbout07 125 Underwood Farms (Enbridge) (Lt 16-18, Con 8 Bruce) Site Plan Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 125
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH UNDERWOOD FARMS (1981) LIMITED AND ENBRIDGE
ONTARIO WIND POWER LP
(pt Lt 16 - 18, Con 8, 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 Underwood Farms (1981)
Limited and Enbridge Ontario Wind Power LP, for that property located at Part
Lot 16 - 18, Concession 8 Bruce As in R188426, Except Part 1, 3R5812;
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
Underwood Farms (1981) Limited and Enbridge Ontario Wind Power LP to
ensure appropriate development of those lands described as Part Lot 16 -
18, Concession 8 Bruce As in R188426, Except Part 1, 3R5812;
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 Underwood
Farms (1981) Limited 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 "Underwood Farms (Enbridge) (Lt 16-18,
Con 8 Bruce) Site Plan Agreement By-law."
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Underwood Farms (Enbridge) (Lt 16-18, Con 8 Bruce) Site Plan Agreement
By-law
By-law No. 2007 - 125
READ a FIRST and SECOND TIME this 11th day of July, 2007
~c
Mayor
READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007.
-
LRO # 3 Notice Under 5.71 Of The Land Titles Act
Receipted as BR5674 on 20070802
yyyy mm dd
at 14:42
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Page 1 ot9
33282 - 0039 L T
Description
Address
PT LT 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; KINCARDINE
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, Ontario
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 Party To(s)
Capacity
Share
Name
Address for Service
UNDERWOOD FARMS (1981) LIMITED
cia Canadian Agra (Holdings) Jnc.
P.O. Box 1300
Wingham, Ontario
NOG 2WO
I, Jerry B. Trentleman, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
EN BRIDGE ONTARIO WIND POWER LP
795 Queen Street
Kincardine, Ontario
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 08 02
Tel 519~881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
2007 08 02
Tel 519-881-3230
Fax 5198813595
LRO # 3 Notice Under $.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Fees/TaxeslPayment
Receipted as BR5614 on 20070802
yyyy mm dd
Statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client File Number:
12270
at 14:42
Page 2 of9
r,
Notice Under 5.71 Of The land Titles Act
jJ/f 5~ 7f?'
In preparat~O~
yyyy mm dd
Co?,
LRO# 3
at 14:29
Page 1 of 1
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
Address
33282 - 0039 L T
PT LT 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; 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
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5
R. R. #5
Kincardine, Ontario
N2Z 2X6
Address fOf Service
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Lany Kraemer, Mayor and John deRosenroll, Chief Administrative
Officer..
I Party To(s)
Capacity
Share
Name
UNDERWOOD FARMS (1981) LIMITED
Acting as a company
cfo Canadian Agra (Holdings) Inc.
P.O. Box 1300
Wingham, Ontario
NOG 2WO
Address for SeNiee
I, Jerry B. Trentleman, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
ENBRIDGE ONTARIO WIND POWER LP
Acting as a company
795 Queen Street
Kincardine, Ontario
N2Z 2X8
Address for SeNiee
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
LRO # 3 Notice Under 5.71 Of The land Titles Act
In preparation on 2007 07 27
yyyy mm dd
at 08:56
This document has not been submitted and may be incomplete.
Page 1 of 1
I Properties
PIN
Description
Address
33282 - 0039 L T
PT LT 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; 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
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5
R. R.#5
Kincardine, Ontario
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
Offiter..
I Patty To(s)
Capacity
Share
Name
UNDERWOOD FARMS (1981) LIMITED
Acting as a company
clo Canadian Agra (Holdings) Inc.
P.O. Box 1300
Wing ham, Ontario
NOG 2WO
Address for Service
I, , have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
ENBRIDGE ONTARIO WIND POWER LP
Acting as a company
795 Queen Street
Kincardine, Ontario
N2Z 2X8
Address for $elVice
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
This AGREEMENT made this
BETWEEN:
~nJ
,2007.
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SITE PLAN AGREEMENT
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
UNDERWOOD FARMS (1981) LIMITED
-and-
ENBRIDGE ONTARIO WIND POWER LP
hereinafter collectively called "The Owner"
OFTHE 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 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 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 II .
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 IIsubject landsll for the purpose of inspection
of the works and the IIsubject landsll 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 IIsubject landsll, at its
sole expense, in conformity with the site plan as detailed in Schedule IIBII
attached hereto, which shall hereinafter be referred to as the lIapproved site
planll,
10. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site development requirements as detailed in Schedule IICII
attached hereto.
11. a)
Upon completion of the development of the IIsubject landsll in
conformity with the provisions of this agreement, the CAO shall issue a
certificate of compliance.
b) IICertificate of compliancell 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 Municipality1s 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
IIsubject landsll.
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 SchedulelB" (approved site
plan) and Schedule "ell (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 IIAII
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.
iii)
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,
"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
ii)
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) IINatural Open Spacell 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 (WGSr 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 affixe. d its cor~orpte se~est
by the hand of its Mayor and Chief Administrative Officer this / llA..J C:t!J:/ ~_
07. The parties have hereunto set their hands and seals this c9^-.-6 ay I
. 2007.
GN , SEALED AND DELIVERED
in the presence of
~
WITNESS
)
) THE CORPORATION OF THE
) MU IPA LINCARDINE
) L/
)
) ayo - arry Kraemer
~ ~\ . ~- L~4--~,,~~1/
) Chief Administrative Officer -
) John deRosenroll
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Ime have authority to bind the Corporation
..--
ENBRIDGE ONTARIO WI
POWER LP
~
/
.~
Name:G. Robert Simpson
Title: General Manager, Enbridge
Ontario Wind Power LP
I/We have authority to bind the Corporation
SCHEDULE II All
Part Lot 16 -18, Concession 8 Bruce As in R188426 Except Part 1, 3R5812;
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 4" 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 planll.
7. The Owner agrees to appropriately and properly finish all lands lying between
the IIsubject landsll 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.
Hi) 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 periodshall.m~an 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 $.71 Of The Land Titles Act
Receipted as BR5674 on 20070802
yyyy mm dd
at 14:42
Page 1 of 9
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Description
Address
33282 - 0039 L T
PT LT 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; KINCARDINE
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, Ontario
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 Party To(s)
Capacity
Share
Name
Address for Service
UNDERWOOD FARMS (1981) LIMITED
clo Canadian Agra (Holdings) Inc.
P.O. Box 1300
Wingham, Ontario
NOG 2WO
I, Jerry B. Trentleman, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
ENBRIDGE ONTARIO WIND POWER LP
795 Queen Street
Kincardine, Ontario
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
AppJicant(s)
Signed 2007 08 02
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
2007 08 02
Tel 519-881-3230
Fax 5198813595
LRO # 3 Notice Under 5.71 Of The land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Fees/Taxes/Payment
statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client Fife Number ..
12270
" .'
Receipted as BR5674 on 20070802
yyyy mm dd
at 14:42
Page 2 of9
..
fJli 5~?r9 A
In p'epara~0~8 o~
yyyy mm dd
co?
lRO#3
Notice UnderS.71 Of The Land Titles Act
at 14:29
This document has not been submitted and may be incomplete.
I Properties
PIN 33282 - 0039 L T
Description PT LT 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; KINCARDINE
Address
Page 1 of 1
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
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5
R. R.#5
Kincardine, Ontario
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)
Capacity
Share
Name
UNDERWOOD FARMS (1981) LIMITED
Acting as a company
clo Canadian Agra (Holdings) Inc.
P.O. Box 1300
Wing ham, Ontario
NOG 2WO
Address for SelVice
I, Jerry B. Trentleman, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
EN BRIDGE ONTARIO WIND POWER LP
Acting as a company
795 Queen Street
Kincardine, Ontario
N2Z 2X8
Address for Setvice
1, 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
..
lRO # 3 Notice Under 5.71 Of The Land Titles Act
This document has not been submitted and may be incomplete.
I Properties
PIN
In preparation on 2007 07 27
yyyy mm dd
at 08:56
Page 1 of 1
Description
Address
33282 - 0039 L T
PT L T 16-18 CON 8 BRUCE AS IN R188426 EXCEPT PT 1, 3R5812; KINCARDINE
1 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
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5
R. R. #5
Kincardine, Ontario
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 LaTT)' Kraemer, Mayor and John deRosenroll, Chief Administrative
Officer..
I Party To(s)
Capacfty
Share
Name
UNDERWOOD FARMS (1981) LIMITED
Acting as a company
clo Canadian Agra (HOldings) Inc.
P.O. Box 1300
Wing ham, Ontario
NOG 2WO
Address for Service
I, , have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
ENBRIDGE ONTARIO WINO POWER LP
Acting as a company
795 Queen Street
Kincardine, Ontario
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.
~tatements
This notice is for an indeterminate periOd
Schedule: See Schedules
fFile Number
Applicant Client File Number:
12270
l
SITE PLAN AGREEMENT
This AGREEMENT made this
BETWEEN:
~(lol
dayot jUl';'
,2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter cailed the "Municipality"
OF THE FIRST PART
-and-
UNDERWOOD FARMS (1981) LIMITED
-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 ot 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 Stte Pian 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, shail run
with the land and shail 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 shail 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 at land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner tor himse~ and for ail successors in title, HEREBY AGREES
with the Municipality as foilows:
PART A- GENERAL PROVlStONS
1 . The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those lands described in Scheduie "A" to this
agreement and the lands affected by this agreement are as described in
Schedule "A" to this agreement, hereinafter cailed the "subject lands".
Wherever the term Owner is used in this agreement, it shail apply jointly and
severaily to the parties comprising the Owner.
2. The Owner hereby releases the Municipality, its servants, agents and
contractors from any and aJlliabHity 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 iands".
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Site Plan Agreement
4. The owner agrees to indemnify and hoid harmless the Municipaiity from and
against ali suits, judgments, claims, demands expenses actions, causes of
action and losses and for any and ali 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 wiliful 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 negiigence 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 ali
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 pian agreement
with the owner, ali 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 "B"
attached hereto, which shail hereinafter be referred to as the "approved site.
plan",
10. The Owner agrees to provide, instali or otherwise abide by, at its soie
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" shali 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 compiete the development Is done,
and that until such certificate of compliance has been issued, in the event that
the prescribed time pertod has lapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject landsll.
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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 end 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 soie 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 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 ot 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, tree 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 ot highways that abut on the land described in Scheduie "A"
attached hereto, free and clear of all encumbrances.
PART C - DEFINITIONS
20. In this Agreement and the Schedules attached hereto:
ii)
"Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
"Landscaped Open Space" shall mean the areas ot 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,
i)
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
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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.
"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 ciear 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.
iv)
"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.
v)
'Wind Generation System (WGS)" shall mean any device such as a
wind charger, windmill, or wind turbine that converts wind energy to
electrical energy.
vi)
IN WITNESS WHEREOF the Municipality. has hereto affixed its corporate s~lIest
by the hand of its Mayor and ChIef AdminIstrative Officer this I ~ay of ~
. 07. The parties have hereunto set their hands and seals this, I'--d. . day tJ
.2007.
IGN D, SEALED AND DELIVERED
in the presence of
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THE CORPORATION OF THE
MU IPAL CAR DINE
, '--'
-
fry Kraemer
~ '-- )..~--:< .ccI-~^.'~;(
Chief Administrative Officer-
John deRosenroll
IM/e have authority to bind the Corporation
Und
EN BRIDGE ONTARIO WIND
~..,
. .. ~
- Name:G. Robert . .
Title: General Manager, Enbridge
Ontario Wind Power LP
Ilwe have authority to bind the Corporation
SCHEDULE IIAII
Part Lot 16 -18, Concession 8 Bruce As in R188426 Except Part 1, 3R5812;
Municipality of Kincardine in the County of Bruce
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SCHEDULE "B"
The "approved site plan" shall be all the documents contained in the Binder marked
"Circuit 4" 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 ffled with the Municipality's Chief
Administrative Officer.
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SCHEDULE "C"
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 end 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 tvvelve (12) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall m~an this agreement is nuli and void.
S. The Municipality's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement. Please note that aU major
variations must be approved by Council in the form of a S~e Plan amendment
to this agreement.
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THE CORPORATION OF THE MUNICIPALITY OF KlNCARDINE
'"
BY-LAW
NO. 2007 -125
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH UNDERWOOD FARMS (1981) LIMITED AND EN BRIDGE
ONTARIO WIND POWER LP
(pt Lt 16 -18, Con 8, Bruce)
WHEREAS the OnIario 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 Underwood Farms (1981)
Limited and Enbridge Ontario Wind Power LP, for that property located at Part
Lot 16 - 18, Concession 8 Bruce As in R188426, Except Part 1, 3R5812;
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
Underwood Farms (1981) Limited and Enbrldge Ontario Wind Power LP to
ensure appropriate development of those lands described as Part Lot 16 -
18, Concession 8 Bruce As in R188426, Except Part 1, 3R5812;
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 Underwood
Farms (1981) Limited 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 "Underwood Farms (En bridge) (Lt 16-18,
Con 8 Bruce) Site Plan Agreement By-law."
Certified to be a true and
complet~Opy 01 BY-~
Number /:)07- 701 passed
by the Council of The Corporation
of the MunicIPaj~t~f Kincardine
o he day of
, c90()~
.../2
NzncyTurcotte, a Commissioner,
elc.,CountiofBrJce, whiie Deputy Cler!t;
oflheCorporafionqjThe
MunieipaJilyofKincardirw
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Underwood Farms (Enbridge) (Lt 16-18, Con 8 Bruce) Site Plan Agreement
By-law
By-law No. 2007 - 125
READ a FIRST and SECOND TIME this 11th day of July, 2007
c2 c:f~~
Mayor
READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007.
Mayor
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C