HomeMy WebLinkAbout07 127 Lariviere, Fournier (Enbridge) (Lt 17, Con 6 Bruce) Site Plan Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 127
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH BENJAMIN JACK LARIVIERE AND BARBARA LYNN
FOURNIER AND ENBRIDGE ONTARIO WIND POWER LP
(Lt 17, Con 6, 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 Benjamin Jack Lariviere and
Barbara Lynn Fournier and Enbridge Ontario Wind Power LP, for that property
located at Lot 17, Concession 6 Bruce Except Part 1, 3R4984 and Part 10,
3R1792; 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
Benjamin Jack Lariviere and Barbara Lynn Fournier and Enbridge Ontario
Wind Power LP to ensure appropriate development of those lands
described as Lot 17, Concession 6 Bruce Except Part 1, 3R4984 and Part
10, 3R1792; 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 Benjamin Jack
Lariviere and Barbara Lynn Fournier 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 "Lariviere, Fournier (Enbridge) (Lt 17,
Con 6 Bruce) Site Plan Agreement By-law."
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Lariviere, Fournier (Enbridge) (Lt 17, Con 6 Bruce) Site Plan Agreement By-law
By-law No. 2007 - 127
READ a FIRST and SECOND TIME this 11th day of July, 2007
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READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007.
uttc
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day of
,2007.
SITE PLAN AGREEMENT
This AGREEMENT made this
BETWEEN:
~9+~
:JUl"e
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
BENJAMIN JACK LARIVIERE
and
BARBARA LYNN FOURNIER
-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 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".
Page 2
Site Plan Agreement
4. The .owner agrees t.o indemnify and h.old harmless the Municipality from and
against all suits, judgments, claims, demands expenses acti.ons, causes.of
acti.on and l.osses and f.or any and all liability f.or damages t.o pr.operty and
injury t.o pers.ons (including death) which the Municipality may incur, .otherwise
than by reas.on .of their .own negligence .or willful misc.onduct, as a result.of .or
arising .out .of .or in relati.on t.o any breach .of the terms .of this Agreement, .or
the Municipality's .own negligence .or willful misc.onduct.
5. The clauses .of this agreement are independent and severable and the
striking d.own .or invalidati.on .of any.one .or m.ore .of the clauses d.oes n.ot
invalidate all .or any .of the remaining clauses.
6. N.othing in this agreement shall relieve the Owner fr.om c.omplying with all
applicable municipal requirements.
7. The Owner hereby grants t.o the Municipality, its servants, agents and
c.ontract.ors a license t.o enter the "subject lands" f.or the purp.ose .of inspecti.on
.of the w.orks and the "subject lands" or f.or any .other purp.ose pursuant t.o the
rights .of the Municipality under this agreement.
8. Once the Municipality .of Kincardine has entered int.o the site plan agreement
with the .owner, all subsequent d.ocuments binding the C.orp.orati.on will be
executed by the May.or & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees t.o undertake devel.opment .on the "subject lands", at its
s.ole expense, in c.onf.ormity with the site plan as detailed in Schedule "8"
attached heret.o, which shall hereinafter be referred t.o as the "approved site
plan",
10. The Owner agrees t.o provide, install or .otherwise abide by, at itss.ole
expense, the site devel.opment requirements as detailed in Schedule "C"
attached heret.o.
11. a)
Up.on c.ompleti.on .of the devel.opment .of the "subject lands" in
c.onf.ormity with the provisions .of this agreement, the CAO shall issue a
certificate .of c.ompliance.
b) "Certificate.of c.ompliance" shall mean a statement.of the Municipality
as t.o the substantial c.ompleti.on.of the w.orks, matters and facilities
required by this agreement and shall n.ot be deemed t.o certify
c.ompliance with any .other municipal requirements, regulati.ons, .or by-
laws, and the Municipality shall n.ot be st.opped from pursuing any.or all
its rights t.o enforce the c.ontinuing .obligati.ons .of the Owner under this
agreement.or t.o enf.orce any .other.of the Municipality's requirements,
regulati.ons .or by-laws which relate t.o the subject lands.
12. The Owner hereby ackn.owledges that failure t.o c.omplete all required w.orks
within the specified time peri.od shall mean a certificate .of c.ompliance will n.ot
be issued until such w.ork necessary t.o c.omplete the devel.opment is d.one,
and that until such certificate .of c.ompliance has been issued, in the event that
the prescribed time peri.od has lapsed, the Municipality has the right t.o refuse
issuance .of any permit necessary t.o carry .out any additi.onal w.ork .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 "e" (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~ate seal attest
by the hand of its Mayor and Chief Administrative Officer this J I day of ~
07. The parties have hereunto set their hands and seals this c5/9-~y tJf (J
2007.
IGNED, SEALED AND DELIVERED )
in the presence of )
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Ime have authority to bind the Corporation
ENBRIDGE ONTARIO W~-'"
POWER LP if)
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Name:G. Robert' . n .
Title: General Manager, Enbridge
Ontario Wind Power LP
l!We have authority to bind the Corporation
SCHEDULE II All
Lot 17, Concession 6 Bruce Except Part 1, 3R4984 and Part 10, 3R1792;
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.
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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 acco~dance 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.
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Receipted as BR5551 on 2007 07 30
yyyy mm dd
at 16:12
Notice Under 5.71 Of The Land Titles Act
Page 1 ot9
lRO#3
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
33289 - 0004 L T
Description
Address
LT 17 CON 6 BRUCE EXCEPT PT 1, 3R4984 & PT 10, 3R1792; KINCARDINE
00759 CONCESSION 6
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 SelVice
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 Parly To(s)
Share
Name
Address for Service
Capacity
LARIVIERE, BENJAMIN JACK
759 Concession 6
R. R. #3
Tiverton, Ontario
NOG 2TO
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
FOURNIER, BARBARA LYNN
759 Concession 6
R. R. #3
Tiverton, Ontario
NOG 2TO
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
EN BRIDGE ONTARIO WIND POWER LP
705 Queen Street
Kincardine, Ontario
N2Z 2X8
J, 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
Schedule: See Schedules
This notice is for an indeterminate period
I Signed By
George Charles Magwood
Tel 519-881-3230
Fax 5198813595
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 07 30
LRO # 3 Notice Under 8.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Submitted By
WAECHTER,MAGWOOD
Tel 519-881-3230
Fax 5198813595
I FeesITaxeslPayment
Statutory Registration Fee
$60.00
Tota! Paid
$60.00
I Fife Number
Applicant Client File Number
12270
Receipted as BR5551 on 2007 07 30
yyyy mm dd
215 Durham Street, Box 880
Walkerton
NOG 2VO
at 16:12
Page 2 of 9
2007 07 30
LRO# 3
Notice Under S.71 Of The Land Titles Act
.;3 If S J ( .
V"'- / Y ] v./O
In preparation
"',~c~
(~; ,
on 2007 07 27
at 09:04
This document has not been submitted and may be incomplete.
I Properties
PIN
yyyy mm dd
Page 1 of 1
Description
Address
/'
33289 - 0004 LT V
L T 17 CON 6 BRUCE EXCEPT PT 1, 3R4984 & PT 10, 3R1792; KINCARDINE
00759 CONCESSION 6
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
N2Z2X6
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
LARIVIERE, BENJAMIN JACK
Acting as a company
759 Concession 6
R.R.#3
Tiverton, Ontario
NOG 2TO
Address for Service
This document is not authorized under Power of Attorney by this party.
Name
FOURNIER, BARBARA LYNN
Acting as an individual
759 Concession 6
R.R.#3
Tiverton, Ontario
NOG 2TO
Address for Service
This document is not authorized under Power of Attorney by this party.
Name
ENBRJDGE ONTARIO WIND POWER LP
Acting as a company
705 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.
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 KINCARDINE
BY-LAW
NO. 2007 -127
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH BENJAMIN JACK LARIVIERE AND BARBARA LYNN
FOURNIER AND ENBRIDGE ONTARIO WIND POWER LP
(Lt 17, Con 6, Bruce)
WHEREAS the Ontario Planning Act, RS.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 Benjamin Jack Lariviere and
Barbara Lynn Fournier and Enbridge Ontario Wind Power LP, for that property
located at Lot 17, Concession 6 Bruce Except Part 1, 3R4984 and Part 10,
3R 1792; 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
Benjamin Jack Lariviere and Barbara Lynn Fournier and Enbridge Ontario
Wind Power LP to ensure appropriate development of those lands
described as Lot 17, Concession 6 Bruce Except Part 1, 3R4984 and Part
10, 3R1792; 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 Benjamin Jack
Lariviere and Barbara Lynn Fournier 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 "Lariviere, Fournier (Enbridge) (Lt 17,
Con 6 Bruce) Site Plan Agreement By-law."
Certified to be a true and
complete CPJ'I'. Qf By-Law
Number9.QQ7 - k77pg.ssed
by the Council 0.[ The Corporation
of-the Municlp0f Kincriidine
he -31m
___,...aQi!~I-.&~
NancyTurcotte,a ~si,
etc., CUunty 01 Brllce, I'!hne Deputy Clerll;
oltl1eCorooralionQlTh0
MunlcipalltjrolKlncardine
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Page 2
Lariviere, Fournier (En bridge) (Lt 17, Con 6 Bruce) Site Plan Agreement By-iaw
By-iaw No. 2007 - 127
READ a FIRST and SECOND TIME this 11 th day of July, 2007
/ /;)
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READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007.
ut:f;:;
Magwood, Van De Vyrere, Thompson & Grore-McClement LLP
BARRISTERS & soucrroRS
215 DURHAM STREET, BOX 880
WALKERTON,ONTARIO
NOG2VO
GEORGEr., MAGWOOD,B.A., LL,B.
BRIANJ. VANDEVYVERE,B,A., LL,B.
C KEDLEYTHOMPSON,B.A..LL.M.
TAMMYW.GROVE-McCLEMENT,8.A..LLB
TELEPHOHE(519)881-3230
E-MAIL wmvl@bmts.com
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: Enbridee Ontario Wind Power
Site Plan A2reements - Rel!istration Date Julv 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.
o
3.
4.
5
6.
7.
8.
9.
10.
11.
12.
13.
14.
GCM:sg
Ends.
The registration details of the Agreements enclosed are as follows.
1.
BR5544 - John Rappel
BR5545 - John Rappel
BR5546 - John Rappel
BR5547 - Kenneth Rappel
BR5548 - Scott Reichard
BR5549 - Murray Rihey
BR5550 Dean Rihey and Candace Swindell-Rihey
BR5551 - Benjamin Lariviere and Barbii\I<l Fournier
BR5552 - William Foster
BR5553 - William and Linda Foster
BR5556 - Murray Ibhotson
BR5557 Thomas McEvoy
BR5558 - Thomas and Brenda Lawri€
BR5559 - Steven and Janice Ball
-
i~~uis~, ~
MAGWOOD, Y AN DE VYVERE, THOMPSON &
GROYE-MCCLEMENT
07---r c ~
George C Magwood
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