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HomeMy WebLinkAbout07 164 Lang Farms Ltd/Enbridge Site Plan Agreement Lt H,I,J Con6 Bruce . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 -164 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH TONY LANG FARMS LTD. AND ENBRIDGE ONTARIO WIND POWER LP (Part Lot H, I, J, Concession 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 Tony Lang Farms LId. and Enbridge Ontario Wind Power LP, for that property located at Part Lot H, i, J, Concession 6 Bruce; 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 Municipaiity of Kincardine enter into a Site Plan Agreement with Tony Lang Farms LId. and Enbridge Ontario Wind Power LP to ensure appropriate deveiopment of those lands described as Part Lot H, I, J, Concession 6, Bruce; Municipality of Kincardine in the County of Bruce, and being more particuiarly described in Schedule "A" of the attached Site Pian Agreement. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behalf of the Municipality of Kincardine the agreement with Tony Lang Farms LId. 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 lakes 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 "Tony Lang Fanms (En bridge) (pt LI H,I,J, Con 6, Bruce) Site Plan Agreement By-law." .../2 . . . . Page 2 Tony Lang Farms (En bridge) (pt LI H,I,J, Con 6, Bruce) Site Plan Agreement By-law By-law No. 2007 - 164 READ a FIRST and SECOND TIME this ath day of August, 2007 ~1~ Clerk L READ a THIRD TIME and FINALLY PASSED this ath day of August, 2007. ~ i......u,.Q.O Clerk " ~~rovince _Ontario Document General Form 4. Land Registration Reform Act Ul'I'I;:RCA.>JADADoCUMENTS """'.ueOoeum...uom D ~Lf16190 (1)Registry [gJ (3) Property Identifiers LandTitles D (2) Page 1 of 'i; pages Block Property Additional: S" Schedule D 33283-0047(R) CERij::-rCAiE Of f;EG1SiR;\T1GN tlRU:':[ (::,j 'd,~LK~~TON (4) Nature of Document Site Plan Agreement ~ z o w ~ ~ w u ~ ~ o ~ o ~ (5) Consideration 2007 RUG 28 PI'l 2 59 i1 /] /. ~/;-.,,,..".r"~':' r/.,-d"'" .... LAND r~EC:S.~;t~.i1 Dollars $ New Property Identifiers (6) Description Part Lot H, I, and J, Concession 6, Township of Bruce, Now in the Municipality of Kincardine, County of Bruce, as previously described in R385037 ~c"- ~/..e,/vk ~c '1 AddlUonal: S~ Schedule D Executions Additional: S" Schedule 0 (7) This Document Contains (a) Redescription (b) Schedule for: New Easement Plan/Sketch 0 Description ~ Additional Parties 0 Other 1ZI (8) This Document provides as follows: See Site Plan Agreement attached. Continued on Schedule 0 (9) This Document relates to instrument number(s) R385037 (10) Parties (Sel out Status or Inlerest) Name(s) THE CORPORATION OF THE Signature(s) Daleo/Signature Y M D by ~~~!E.~~!!~.~!~E.~~~.~~.~.~.:.~~~~.?~......................................, (Municipality) . . ........................................................................................_..................................... . .. . .. . .. . .. . . . . . . . . . .. ........................................................................................-..................................... ~~<~mL20~8L~~_E . .. MUNICIPALITY OF KINCARDINE (11) AddreSS;. 1475 Concession 5, R.R. #5, Kincardine, Ontario, N2Z 2X6 for Service (12) Party(ies) (Setout Status or Interest) Date of Signature Y M D Name(s) TONY LANG FARMS LTD. Sigmlture(s) ENBRIDGE ONTARIO WIND POWER LP .....................................................................................t................I.........t......... [:1 ....~9.!~~~)........................................................................................................ (13) Address R.R. #1, Chepstow, Ontario, NOG IRO & 795 Queen Street, Kincardine, N2Z 2X8 far Service (14) Municipal Address of Property Not Assigned (15) Document Prepared by: George C. Magwood MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE- MCCLEMENT LLP 215 Durham Street, Box 880 WaIkerton, Ontario NOG 2VO Fees and Tax ~ ;;: Registration Fee o . . , . o " " o ~ o ~ Total ~p""'",e " , o""'no Schedule FontlS~LandRegfslrallcnR"formAct OQp"""",.SottwareLId.'(416)3Z2_6111 page}!! 5 , l / ......".,_"".."""'".)_'m".'"_.,~ Y ALL AND SINGULAR those certain parcels and tracts ofland and premises, situate, lying and being in the , Municipality of Kincardine, (foonerly of the Township of Bruce), in the County ofB11loo, and Province ofOnlario, and being more particuJarlydescribed as follows: FIRSTLY: In tbe Municipality of Kincardine, (formerly of the Township ofB11lce), in the County of Bruce, and Province of - Ontario, being the East half of Lot Letter H, and all ofLoI Letter I, both in the 6th Concession of the said Municipality ofKinCllfdine, (formerly of the Township ofBnice), in the County of Bruce. SAVE AND EXCEPT the north 10 feet of the East one-half o[LoI Letter H which was deeded to The Municipal COlpomlion of the Township of Bruce in Instnnnent NIllIlb<< 68940 forroad pwposes; also SAVE AND EXCEPT tbe north 10 feet of the said Lot Letter I which was deeded to The Municipal Corporation of the Township of Bruce in Instrument Number 68939 for road purposes as described in Instrument Number 135272. SAVE AND EXCEPT Part of Lot I, Concession 6, in the Township of Bruce, in the COWlty of Bruce, being Part I on Reference Plan 3R-4776. . As in Instrument #0347505. SECONDLY: A11 of Lot Number J in the sixth Concession of the said Municipality of Kincardine, (formerly of the Township of Bruce), in the CoWlty of Bruce. SAVE AND EXCEPT the Northerly 10 feet of said Lot Letter J conveyed to the Corporation of the Township of Bruce by Instrument Number 68942 for road widening purposes. As in Instrument # "J.D:J8;S;"0;3? " w, ~" "z "0 Ow " ~ 000"""""..".......,'7.."""'-...... " This AGREEMENT made this BETWEEN: , This is Schedule" .8..- ~ to By-Law No)J,01./b<t passed the..i!!::... day SITE PLAN AGREEMENT of ~ 20().7. . e. ----j)~~ rrJ ' Clerk day Of ::Yu.\.. y u:2007.. :ls+> THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- TONY LANG FARMS LTD. -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 herelo and forming part of this agreemenl; 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 pursuantto the provisions of Section 41 ofthe Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and underslandings herein contained on Ihe part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to Ihe benefil of and be binding upon Ihe parties herelo 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 Municipaiity as follows: PART A - GENERAL PROVISIONS 1. The parties 10 this agreement hereby agree Ihat the Owner as herein stated is the regislered owner of those lands described in Schedule "A" to this agreement and the lands affecled 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 10 the parties comprising the Owner. 2. The Owner hereby releases the Municipaiity, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities req~ired by this agreement. 3. The Owner agrees to allow the Municipality atits 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 10 Indemnify and hold harmless Ihe Municipality from and against all suils, 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 Iheir own negiigence or willful misconducl, 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 independenl and severable and the slriking 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 inspeclion of the works and the "subject lands" or for any other purpose pursuanl to the rights of the Municipality under this agreement. a. Once the Municipality of Kincardine has entered into the site plan agreement wilh Ihe 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", al 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 sile 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 agreemenl, Ihe CAO shall issue a certificate of compliance. b) "Certificate of compiiance~' shall mean a statement of the Municipaiity as to the substantial completion of the works, matters and facilities required by Ihls agreemenl and shall not be deemed to certify compliance with any other municipal requirements, regulalions, or by- laws, and the Municipality shall not be stopped from pursuing any or- all its rights to enforce the continuing obiigations 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 Ihe specified time period shall mean a certificate of compiiance will nol be issued until such work necessary to complete the development is done, and that unlil such certificate of compliance has been issued, in the evenl Ihal the prescribed time period has lapsed, the Municipaiity 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 Ihis 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 mainlenance 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 "C" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requiremenls 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 Ihe sole discrelion 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 Ihe 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 10 and from the lands such as access ramps and curbings and traffic direction signs; b) 10 dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, mainlenance 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 regislered, 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 thaI abul on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. In Ihis 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 penmitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occ~pied by paths, walks, courts, patios but shall not include parking areas, Iraffic aisles, driveways and ramps, Iii) "Parking Area" shall mean the areas of open space other Ihan a street 10 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 operalion of Ihe parking area, and which shall be available and mainlained 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 lime for the Municipality and shall be kept clear of all weeds and natural growth which is prohibiled by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. v) "Commercial Wind GeneraIlon 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 corporate seal attest by the hand of its Mayor and Chief Administralive Officer this ~th day of fI"'j",t 2007. The parties have hereunto set their hands and seals this ~S-th day of --.k1t-- 2007. SIGNED, SEALED AND DELIVERED in the presence of ~ ) ) ) ) ) ) Mayor Larry Kraemer l \:'- 2----z 07J,~'^~ ) Chief Adminislralive Officer - ) John deRosenroll ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MU IPAL 0 INCARDINE IflNe have authority to bind the Corporation ~- ~ ang Farm~ "'-- WJe have authority to bind the Corporation ENBRIDGE ONTARIO WIND POWER LP ~~ Name:G. Robe mpson Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation A" Municipality of Kincardine in the County of SCHEDULE Concession 6 Bruce; J Part Lot H Bruce SCHEDULE "B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 2" 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 wilh any changes marked in red and initialed by the Chief Adminislrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administralive Officer. . SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for ail work required pursuanl 10 this agreement shail be December 31,2009. 2. The Owner agrees to prepare a grading and drainage plan acceplable to the Municipaiity and all surface drainage shAll be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees 10 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 Ihe 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 fighling 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 Ihe "approved site plan". 7. The Owner agrees)o 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 properly 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 10 the properly line with asphalt, concrele, gravel or olher hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are nol to be used with replacement by appropriate landscaping as detailed above. a. The Owner agrees to obtain a building permit within tweive (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 musl be approved by Council in the form of a Site Plan amendment to Ihis agreement. WProvince ~of ~Onlario Document General Fonn 4. Land Registration Reform Act UPPERCANADADOCUMENTS _.o<<I"""",""",OOOl D !J..LflS908 (1) Registry [gJ land Titles D (2) Page 1 of 9 pages (3) Property Identifiers Block. Property 33283-0047 R Additional: S.. Schedule D CERiif'T2.\E2::-REGfS,fLHJON H;:!CE(j) Ni\U',:;f:TCN (4) Nature of Document SITE PLAN AGREEMENT ~ z o w w ~ w U ~ ~ o ~ o ~ (5) Consideration 2CG7 OCT 3 Pl'l 2 ~Lf QO,rv,"""",",,-,::;{! c7LAflD REelSTHAR Dollars $ (6) Description PT LT H, I, J CON 6 BRUCE; NOW IN THE MUNICIPALITY OF KINCARDINE IN THE COUNTY OF BRUCE See schedule page 2 New Property ldenliflers Additional: S~ Schedule D Executions Additional: S.. D Schedule (7) This Document Contains (a) Redescription (b) Schedule for: New Easement Plan/Sketch D Description [2] Additional Parties D other [gJ (8) This Document provides as follows: SEE SITE PLAN AGREEMENT ATTACHED Continued on Schedule D (9) This Document relates to instrument number(s) R385037 (10) Parties (Sel out Status or Interest) Name(s) THE CORPORATION OF THE MUNICIPALITY Signature{s) Date of Signature Y M D OF KINCARDINE ........................................................................................_........................_h....._... ~mmm~mmmmpmT;~~;r~~!~; ~m~mmmmTmmm!mTmm ...~y...~.~.~~~..~.?!~~.~~.?~?9~~.~~~.~:.~~~~.?.~.....m_........._.........._."...., (Applicant) (11) Address 1475 Concession 5, R. R. #5, Kincardine, ON N2Z 2X6 for Service (12) Party(ies) (Set out Status or Interest) Date of Signature Y M D (Owners) Signature(s) .....................................................................................l...............l........t........ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::L:::::r::::::: Name{s) TONY LANG FARMS LTD. ENBRIDGE ONTARIO WIND POWER LP (13) Address R.R. #1, Chepstow, ON NOG lKOj 795 Queen Street, Kincardine, ON N2z 2X8 for Service (14) Municipal Address of Property R. R. #3 Tiverton, ON NOG 2To (15) Document Prepared by: MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE-MCCLEMENT 215 Durham Street Walkerton, ON NOG 2VO Fees and Tax ~ z Registration Fee o . . , . o ii: . o ~ o ~ Total _a~OVif1Ce ~Ontario Schedule Form 5 - Land Registration Reform Act Do Process Software Ltd. . (416)322-8111 Page 2 s . Additional Properly Identifier{s) and/or Other Information ALL AND SINGULAR those certain parcels and tracts ofland and premises, situate, lying and being in the I ' Municipality of Kincardine, (formerly of the Township of Bruce), in the County of Bruce, and Province of Ontario, and being more particularly described as follows: FIRSTLY: In the Municipality of Kincardine, (formerly of the Township of Bruce), in the County of Bruce, and Province of . Ontario, being the Easthalf of Lot Letter H, and all of Lot Letter!, both in tbe 6th Concession of the said Municipality of Kincardine, (formerly of the Township of Bruce), in the County of Bruce. SAVE AND EXCEPT the north 10 feet of the East one-half of Lot Letter H which was deeded to The Municipal Corporation of the Township of Bruce in Instrument Number 68940 for road purposes; also SAVE AND EXCEPT the north 10 feet of the said Lot Letter I which was deeded to The Municipal Corporation of the Township of Bruce in Instrument Number 68939 for road purposes as described in Instrument Number 135272. SAVE AND EXCEPT Part of Lot !, Concession 6, in the Township of Bruce, in the County of Bruce, being Part 1 on Reference Plan 3R-4776. As in Instrument R3B5037 SECONDLY: All of Lot Number J in the sixth Concession of the said Municipality of Kincardine , (formerly of the Township of Bruce), in the County of Bruce. SAVE AND EXCEPT the Northerly 10 feet of said Lot Letter J conveyed to the Corporation of the Township of Bruce by Instrument Number 68942 for road widening purposes. As in Instrument R3B5037 w 2::J ~z ~o Ow "w 0" OGcumer.\Il'~\lSingTheConnyll_ ;. SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: , THE CORPORATION OF THE MUNICIPALITY OF K1NbARDINE , j , .30+" i I day of A-tUaUS.(~, 2007. hereinafter called Ihe "Municipality" -and- Off THE FIRST PART , , I I ! TONY LANG FARMS L TO. -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called ''The Owner" I OFTHE SECOND PART WHEREAS the Owner represents that it is the registered owner 01 those lands in the Municipality of Kincardine, County of Bruce, described in Schedul~ "A" attached hereto and forming part of this agreement; . I AND WHEREAS the parties hereto agree that the lands affected Jy this agree';'ent are as set out In Schedule "A" attached hereto; I i I AND WHEREAS the Municipality has enacted a Site Plan Control jArea By-Law pursuanl to the provisions of Section 41 of the Planning Act, R.S.<p., 1990, c.P. 13, as amended. ! 2. AND WHEREAS Ihe covenants, agreements, conditions and understandings herein contained on the part of the Owner and Ihe Party of the Third Part! if any, shall run wilh the land and shall enure to the benefit of and be binding upo~ the parties hereto and their heirs, executors, administrators, successors and assign~, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. I I NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in ponsideration of the approval of the plans for the development on subject parcel of,;and 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: i I PART A - GENERAL PROVISIONS I 1. The parties to this agreement hereby agree that the ownerlas herein stated is the regislered owner of those lands described in Schedule "I' A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subj~ct lands". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. I The Owner hereby releases the Municipality, its servants, a6ents and contractors from any and all liability in respect of the properl maintenance and operation of the matters and facilities required by this agreement. I , i The Owner agrees to allow the Municipality at its sole expe(1se and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". 3. /f 4. i I I The owner agrees to indemnify and hold harmless the MunlcipElIity from and against all suits, judgments, claims, demands expenses actions, causes of aclion and losses and for any and all liability for damages to prpperty 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. I I The clauses of this agreement are independent and severable iand the striking down or invalidation of anyone or more of the clauses dfoes not invalidate all or any of the remaining clauses. ! Page 2 Site Plan Agreement 5. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants 10 the Municipality, its servants, agents and contractors a license to enter the 'subject lands" for the purpo~e of Inspecllon of Ihe works and the "subject lands" or for any olher purpose pursuant to the rights of the Municipality under Ihis agreement. I I I 8. Once the Municipality of Kincardine has entered into the site pliJ,n agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. i PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS i 9. The Owner agrees to undertake development on the "subject Iit.nds", al its sole expense, in conformity with the sile plan as detailed in Sc~edule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", I , 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Sc1edule "C" attached hereto. , 11. a) Upon completion of the development of the "subject lan~s" in confonmity with the provisions of this agreement, the Cp,O 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 a~d facilities required by this agreement and shall not be deemed to tertify compliance with any other municipal requirements, reg~lations, or by- laws, and the Municipality shall not be stopped from pur~uing any or all its righls to enforce the continuing obligations of Ihe Owner under this agreemenl or to enforce any other of the Municipality's Ij,eqUirements, regulations or by-laws which relate to the subject lands. 12. The Owner hereby acknowledges that failure to complete all r~qUired works within the specified time period shall mean a certificate of comrliance will not be issued until such work necessary to complete the development is done, and Ihat unIil such certificate of compliance has been issued, ih the evenl that Ihe prescribed time period has lapsed, the Municipality has th~ right to refuse issuance of any permit necessary to carry out any additional wo1' rk on the "subject lands". ! I I <7 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 al its sole risk and , expense and the Owner agrees the "subject lands" will not ir)1pede or prohibit performance of the mainlenance provided for in Ihis agreem!3nt. , i . 14. The Owner agrees to maintain in good repair and at Its sole ~xpense the subject iands" in conformity with the provisions 6f Schedule lB" (approved sile plan) and Schedule "C" (site development requirements), and all other requirements pursuant to this agreement, and all repair or m'aintenance shall confonm with the requirements of this agreement as It applied to Ihe original development. I j 15. The Owner agrees that all facilities and matters required by jhis Agreement shall be provided and maintained at its sole risk and expense and 10 the satisfaclion of the Municipality and that In default thereof an~ in the sole discretion of the Municipality, the Municipality may perform s,uch requirements al the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal laxes within Ihe meaning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended. I , I 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 dedicale to the Municipality, free and clear of all encumbrances, ail Easements and lands required by the Municipality forithe construction, maintenance and improvement of any existing or newly required watercourses, dilches, land drainage works and sanit~ry sewage faciiities on the land and, on request by the Municipality, to deliver the properly execuled documents in a form that can be rebistered, 10 the Municipality in order to complete the dedication to the! Municipality and to pay all costs incurred by the Municipality in respecti to the aforementioned dedications; I , 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 lhe erection and use of buildings and structures shall be permitted. I , "Landscaped Open Space" shall mean Ihe areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios bul shall not include parking areas, traffic aisles, driveways and ramps, I "Parking Area" shall mean the areas of open space olher than a street to be used for the parking of motor vehicles and acce~s ramps and driveways to areas used for the parking of motor vehities which shall be clear of buildings and structures except those accessory to the i I , i) i1) Iii) ()? Page 4 Site Plan Agreement ! operation of Ihe parking area, and which shall be av~ilable and maintained for the parking of motor vehicles includin@ maneuvering aisles and other space necessarily incidenlal to the Rarking of vehicles. , , iv) "Natural Open Space" shall mean the areas of open bpace 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 amend<!d 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. I I , "Commercial Wind Generation System (CWGS)" sh1l11 mean one or more Wind Generating Systems (WGS), that singly dr collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial tiansmission grid. , 'Wind Generation System (WGS)" shall mean any dJvice such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. i I IN WITNESS WHEREOF the Municipality has hereto affixed its cofporate seal attest by the hand of its Mayor and Chief Administralive Officer this 12~ day ofc5fJ{ltu..ct>er 2007. The parties have hereunto set their hands and seals this c'?iJt>. day of -IVjurt 2007. I , I , , v) vI) SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , L- / , ayor rry Kr mer ~, ~~V--r'-"'N-~ icl Administrati~e Officer- John deRosenroll I f!We have authority to !bind the Corporation , I Tony Lang Farms L Anthony Pete~ ang Ime have authorltytO]bJnd the Corpora Ion , I EN BRIDGE ONTARIO WI POWER LP I Name:G. Robert Simpson Title: General Manager, Enbridge Ontario Wind Power LP , Ilwe have authority t~ bind the Corporation 1 "AI Concession 6 Bruce; Municipality of Kincardine 11 the County of I SCHEDULE J Par! Lot H Bruce , ' - g SCHEDULE "B" i , The "approved sile plan" shall be all the documents contained in t~e Binder marked "Circuit 2" as submitted by the Owner and stamped as the "appro~ed site plan", signed by the Municipality's Chief Administrative Officer and signe~ 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. : 8. 9. ( SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date tor all work required pursuant to this agreement shall be December 31 , 2009. i The Owner agrees to prepare a grading and drainage pian I acceptable to the Municipality and all surface drainage shall be controlled in itccordance with the approved plans in a manner satisfactoiy to the MuniCip~lity. , i , , The Owner agrees to ensure during deveiopment of the "silibject lands" that appropriate devices are installed and measures taken to p~event 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. I The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to 6e retained, and such fencing shall be located not closer to any trees than I~e drip line of such Irees, and the Owner agrees to abide by the requirements pf the Municipality's Pubic Works Manager in this regard, acting reasonably. I The Owner agrees that any internal driveways, access rO~ds 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 equipmen!. I , The Owner agrees 10 provide all landscaping as shown on Ihe "approved sile plan". All plantings shall be installed to the specifications aM requirements as indicated on the "approved site plan". i The Owner agrees 10 appropriaiely and properly finish alllJnds lying between , the "subject lands" and any and all abutting streets, which, Iwithout limiting the generality of the foregoing shall include the following: i i) landscaping of lands lying between the street line at property line not to be used for vehicular or pedestrian entrances wit~ topsoil and so~seed. I ii) inslallation of driveways of proper width and grade 110m the street line to the property line with asphalI, concrete or other hard surfacing acceptable to the Municipality's Engineer. ! I Iii) removal of existing driveways which are not to be u~ed with replacement by appropriate landscaping as detailed:above. I , The Owner agrees to obtain a building permit within twelve I (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 a1d void. The Municipality's Chief Administrative Officer may agree i~ writing to minor varialions to provisions of this agreement. Please note thaI, all major variations musl be approved by Council in the form of a Sit~ Plan amendment to this agreement. I ! 2. 3. 4. 5. 6. 7. " . ~~OVince 0_0 Ontario Document General Form 4 - Land Registration Refonn Act UPl'Ell.C/CWoDA.DoCI.IMENTS "'"",uedoeum.....eom D A-LflS90B (1)Registry IS] Land Titles D (2) Pagel of 9 pages (3) Property Identifiers Block Property Additional: S.. D Schedule 33283-0047 R CER7i'iC.\TC :;,r:- ;;~GIS,R'\nON 2 ;:J./C[ (J) '!\';'LK!; !~TON (4) Nature of Document SITE PLAN AGREEMENT > ~ z o (5) Consideration w ~ ~ w u ~ ~ o ~ ~ 2DGl OCT 3 PI'l 2 ~Lf g-aro/~,:jC"~i{t C?lAN; REf:JSTHAR Dollars $ (6) Description PT LT H, I, J CON 6 BRUCE; NOW IN THE MUNICIPALITY OF KINCARDINE IN THE COUNTY OF BRUCE See schedule page 2 New Property Identifiers Additional: S.. Schedule D Executions Additional: S.. D Schedule (1) This Document Contains (a) Redescription (b)ScheduJefor: New Easement Plan/Sketch D Description lS] Additional Parties D Other lS] (8) This Document provides as follows: SEE SITE PLAN AGREEMENT ATTACHED Continued on Schedule D (9) This Document relates to instrument number(s) R385037 (10) Parties (Set out Status or Interest) Name{s) Signature(s) ,............-.........................................................................-.................................... ~mm~mJmmmmmT;~~;,~~I~; ~~mmmmmmTrr Date of Signature , M D THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ....~~..~~_~~..~.?~~~~.?~?2~~.~~~.~:.~~~~~.?.~....................................., (Applicant) (11) Address 1475 Concession 5, R. R. #5, Kincardine, ON N2Z 2X6 for Service (12) Party(ies) CSetout Slalus or Interesl) Daleo/Signature , M D Name(s) TONY LANG FARMS LTD. Signature(s) ENBRIDGE ONTARIO WIND POWER LP ............................................,........................................l................I.........1"......... lIT (Owners) (13) Address RR #1, Chepstow, ON NOG lKO; 795 Queen Street, Kincardine, ON N2z 2X8 for Service (14) Municipal Address of Property R. R. #3 Tiverton, ON NOG 2To (15) Document Prepared by: :MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE-MCCLEMENT 215 Durham Street Walkerton, ON NOG 2VO Fees and Tax > ~ Registration Fee o w . ~ w u ii: . o ~ o ~ Total , ~province , of ~ Ontario Schedule Do Process Software Ltd. . (416)322-6111 Form 5 - Land Registration Reform Act Page 2 5 Additional Property Identifier(s) and/or Other Information ALL AND SINGULAR those certain parcels and tracts of land and premises, situate, lying and being in the Municipality of Kincardine, (formerly of the Township of Bruce) , in the County of Bruce, and Province of Ontario, and being more particularly described as follows: FIRSTLY: In the Municipality of Kincardine, (formerly of the Township ofBmce), in the County of Bmce, and Province of I . Ontario, being the Easthalf of Lot Letter H, and all of Lot Letter!, both in the 6th Concession of the said Municipality of Kincardine, (formerly of the TownshipofBmce), in the County ofBmce. SAVE AND EXCEPT the north 10 feet of the East one-half of Lot Letter H which was deeded to The Municipal Corporation of the Township of Bruce in Instrument Number 68940 for road purposes; also SAVE AND EXCEPT the north 10 feet of the said Lot Letter I which was deeded to The Municipal Corporation of the Township of Bruce in Instrument Number 68939 for road purposes as described in Instrument Number 135272. SAVE AND EXCEPT Part of Lot I, Concession 6, in the Township of Bmce, in the County ofBmce, being Part I on Reference Plan 3R-4776. As in Instrwnent R38 5 0 3 7 SECONDLY: All of Lot Number J in the sixth Concession of the said Municipality of Kincardine, (formerly of the Township of Bruce), in the County of Bruce. SAVE AND EXCEPT the Northerly IO feet of said Lot Letter J conveyed to the Corporation of the Township of Bmce by Instrwnent Number 68942 for road widening purposes. As in Instrument R385037 M' 2:::i ~z 0.0 Ow <roo ~;' OocumBlltprepa.,ec!using7ll"ConveY'I/lCW ?' SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: I day of I+WaUS-(~, 2007. I I THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE , I I I Op THE FiRST PART 30+" hereinafter called the "Municipality" -and- TONY LANG FARMS LTD. -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called "The Owner" OF Tt4E SECOND PART WHEREAS the Owner represents that it is the registered owner 01 those lands in the Municipaiity of Kincardine, County of Bruce, described in Scheduie "A" attached hereto and forming part of this agreement; i AND WHEREAS the parties hereto agree that the lands affected Jy this agreement are as set out in Schedule "A" attached hereto; I 2. I AND WHEREAS the Municipality has enacted a Site Plan Control 'Area By-Law pursuantto the provisions of Section 41 of the Planning Act, R.S.m., 1990, c.P. 13, as amended. I I , AND WHEREAS the covenants, agreements, conditions and und~rstandlngs herein conlained 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 upo~ the parties hereto and their heirs, executors, administrators, successors and assign~, as the case may be, and shall be appurtenant to the adjoining highways in the ownprship of the Municipality. : I , NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in fonsideration of the approvai 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 'f'hich is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: i i I I The parties to this agreement hereby agree that the Owner jas herein stated is the registered owner of those lands described in Schedule '!A" 10 this agreement and the lands affected by this agreement are as! described in Schedule "A" 10 this agreement, hereinafter called the "subject iands". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. , The Owner hereby releases the Municipality, its servants, Jgents and contractors from any and all liability in respect of the propen maintenance and operation of fhe matters and facilities required by this agreement. I The Owner agrees to allow the Municipality at its sole experse and in its soie discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". I I I I 1. PART A - GENERAL PROVISIONS 3. i , PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS i 9. The Owner agrees to undertake development on the "subjecl Iil.nds", al ils sole expense, In conformity wllh the sile plan as detailed in Sc~edule "B" attached hereto, which shall hereinafter be referred 10 as the "approved site plan", I , , The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Sc1edule "C" attached hereto. ! i a) Upon completion of the development of the "subject lan1Js" in confonmity with the provisions of this agreement, the C~O shall issue a certificate of compliance. i , b) "Certificate of compliance" shall mean a statement of th~ Municipality as 10 the subslantial completion of the works, matters ar)d 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 pur~uing 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 ~equiremenls, regulations or by-laws which relate to the subject lands. I The Owner hereby acknowledges that failure to complele all rJquired 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 Ihat until such certificate of compliance has been issued, in the event that Ihe prescribed time period has lapsed, the Municipality has th~ right to refuse issuance of any permit necessary to carry out any additional wprk on the "subject lands". I 11. 12. /'f Page 2 Site Plan Agreement 4. I i The owner agrees to indemnify and hold harmless the Munlcipilllty from and against all suits, judgments, claims, demands expenses actions, causes of aclion and losses and for any and all liability for damages 10 prpperty and injury to persons (including death) which the Municipality may iflcur, 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 Adreement, 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. ! Nothing In this agreemenl shall relieve the Owner from comPlying with all applicable municipal requirements. I , The Owner hereby grants to the Municipality, its servanls, age~ts and contractors a license to enter the "subjecl lands" for the purpo$e of inspection of the works and the "subject lands" or for any other purpose p0rsuant to the rights of the Municipality under this agreement. i ! Once the Municipality of Kincardine has entered Into the site PI~n agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. ' 6. 7. 8. 10. cJ Page 3 Site Plan Agreement I 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 irj,pede or prohibit perfonmance of the maintenance provided for in this agreement. , , i i 14. The Owner agrees to maintain in good repair and at its sole expense the subjecl lands" in conformity with the provisions of Schedule !'B" (approved sile plan) and Schedule "C" (site development requirements), and! all other requirements pursuant to this agreement, and all repair or m'aintenance shall conform with the requirements of this agreement as il applied to the original , development. i I , 15. The Owner agrees that all facilities and matters required by Ihis Agreement shall be provided and maintained at its sole risk and expens~ and to the satisfaction of the Municipality and that in default thereof an~ 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 me*ning of Section 326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended!. I I 16. The Owner agrees to do the following: I a) subject 10 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 forlthe construction, maintenance and improvement of any existing or newlY required watercourses, dilches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly execuled documents in a form that can be re~istered, to Ihe Municipality in order to complele the dedication to the: Municipality and to pay all costs incurred by the Municipality in respectito the aforementioned dedications; , , c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described n 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. I , "Landscaped Open Space" shall mean Ihe areas of o~en space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patio~ bul shall not include parking areas, traffic aisles, driveways and ra~ps, I "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 i) i1) Hi) if? Page 4 Site Plan Agreement , I ; I I operation of the parking area, and which shali be av!!ilable and maintained for Ihe parking of molor vehicles including maneuvering aisles and other space necessarily incidental to the ~arking of vehicles. , "Natural Open Space" shall mean the areas of open bpace 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 Mairtenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kepI clear of alii weeds and nalural growth which is prohibited by other Municipal, by-laws. Areas of Naturai Open Space may include areas of Landscap~d Open Space. "Commerciai Wind Generation System (CWGS)" shall mean one or , more Wind Generaling Systems (WGS), that singly dr collectively produce more than a total of 40 kilowatts (kW) base~ on 'nameplate rating capacity' and are connected to the provincial Uansmission grid. "Wind Generation System (WGS)" shall mean any dJvice such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. i IN WITNESS WHEREOF the Municipality has hereto affixed its cofporate seal attest by the hand of its Mayor and Chief Administrative Officer this f2.it. day of u"!'tuul:xr 2007. The parties have hereunto set their hands and seals this "Ot>. day of -I'v,j'M 2007. I I I I THE CORPORATION OF THE MU IPALIT OFKI CARDINE , . iv) v) vi) SIGNED, SEALED AND DELIVERED in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) .;....-<I- / ayor L rry Kr mer ~., ~~k"",^^J( ief Administrati~e Officer- John deRosenroll I , , Ime have authority to!bind the Corporation , I , Tony Lang Farms L Anthony Pete~ ang Ime have authority IOlbind the Corpor ENBRIDGE ONTARIO WI POWER LP ! , /1 " Name:G. Robert Simpson Title: General M<lnager, Enbridge Ontario Wi~d Power LP , I I I/We have authority to; bind the Corporation , i i "" - o Z' C ::J o U 0> .c - --~- 0> C ~ '" o c ~ C( W ..J ::l C W :J: o <Il - o ~ '" 0. '0 '" ::J :;; a; o ::J ~ CO CD C o 'w U) 0> o C o U -, J: - o ..Jo> to ",2 0..'" SCHEDULE "B" , , i I The "approved site plan" shall be all the documents contained in t~e Binder marked "Circuit 2" as submitted by the Owner and stamped as the "appro~ed site plan", signed by the Municipality's Chief Administrative Officer and signe~ 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. j g a. 9. ( SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the complelion date for all work reJuired pursuanl 10 this agreement shall be December 31,2009. i ! 2. The Owner agrees to prepare a grading and drainage plan'acceptable to the Municipality and all surface drainage shall be controlled in ~ccordance with the approved plans in a manner satisfactory to the Municlpfllity. I The Owner agrees to ensure during development of the "sybject lands" thaI appropriate devices are installed and measures taken to p~evenl unreasonable erosion of soil from the site by wind or waterl and the Owner agrees to abide by any request of the Municipality's Chief Iiluilding Official or Engineer in this regard, acting reasonabiy. ! The Owner agrees to install temporary fencing or olherwiJ adequateiy protect ali trees, shrubs and other vegetation which are to ihe retained, and such fencing shall be located not closer to any trees than t~e drip line of such trees, and the Owner agrees to abide by the requirements pf the Municipality's Pubic Works Manager in this regard, aCling rraSOnably. , The Owner agrees that any internal driveways, access ro~ds which are necessary for, and designated as, a fire route shall be so djeSigned so as to carry the weight of the Municipality's fire fighting equipmen. 3. 4. 5. 6. The Owner agrees to provide all landscaping as shown on 'the "approved site plan". All plantings shall be installed to the specifications ani' d requirements as indicated on the "approved site plan". I . , 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 i) landscaping of lands lying between the street line a~d property line not to be used for vehicular or pedestrian entrances wit~ topSOil and sod/seed. i I iI) installation of driveways of proper width and grade ftom the street line to Ihe property line with asphall, concrete or other hlud surfaCing acceptabie to the Municipality's Engineer. ! , i i1i) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed! above. I , The Owner agrees to obtain a building permit within twelvel(12) months from the date of this agreement. Failure to obtain a building penj,it within the prescribed time period shall mean this agreement Is null and void. The Municipality's Chief Adminislrative Officer may agree i~ writing to minor variations to provisions of this agreement. Please note that, all major variations musl be approved by Council in Ihe form of a Silj Plan amendmenl to this agreement. ! ! ! i i 7.