HomeMy WebLinkAbout07 165 Newbigging/Enbridge Agreement Lt3Con6 Bruce
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 165
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH PATRICK LORNE NEWBIGGING AND JANET ANNE
NEWBIGGING AND ENBRIDGE ONTARIO WIND POWER LP
(Lot 3, 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 Patrick Lome Newbigging and
Janet Anne Newbigging and Enbridge Ontario Wind Power LP, for that property
located at Lot 3, Concession 6 Bruce Except the North 10 feet, Municipaiity 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 Pian Agreement with
Patrick Lome Newbigging and Janet Anne Newbigging and Enbridge
Ontario Wind Power LP to ensure appropriate deveiopment of those lands
described as Lot 3, Concession 6, Bruce Municipality of Kincardine in the
County of Bruce, and being more particuiarly 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 Patrick Lome
Newbigging and Janet Anne Newbigging and Enbridge Ontario Wind
Power LP, which is attached to this by-law as Schedule "A", as well as any
other documentation required reiating 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 "P.L. and J.A. Newbigging (Enbridge) (Lt
3, Con 6 Bruce) Site Pian Agreement By-law."
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P.L. and JA Newbigging (En bridge) (Ll3, Con 6 Bruce)
Site Plan Agreement By-law
By-law No. 2007 - 165
READ a FIRST and SECOND TIME this 8th day of August, 2007
L
Q-.~
Clerk
READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2007.
Mayor
1*,,,,,,, iwu-~
Clerk
~
LRO#3 NoticoUnderS.71Of The land TIUe$ Act
RecelptedasBR6291 on 20070828
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at1S,34
Page1of9
Theapp/k;anl(s! hereby applies 10 the LandRegis/rar.
Iproperoes
P<N
Descrlpilon
Address
33283-0052lT
LT3CON6BRUCEEXCEPTTHEN10FT;KINCARDINE
01313 CONCESSION 6
KINCARDINE
I Consideration
Conslderatjon
$0.00
I App/icant(s)
The no~cei" l>asedon or affects a valid and existing estate, right, interest or equity in land
N,~
AddressforSelVire
THE CORPORATION OFTHE MUNICiPALITY OF KINCARDINE
1475 Concession 5,R. R. #5
Kincardine.ON N2Z2X6
This document is not aCllhorized under Power of Attorney by this party.
This document is being authorized by a municipai corporation by Larry Kraemer, Mayorand John deRosenroll, Chief Administrative
Officer.
I Party To{s)
Capacity
Share
N,~
AddressforSelVica
NEWB1GGING, PATRICK LORNE
1313Concesslon6,RR#3
Tiverlon,ON NOG2TO
ThisdOGumentisnotaulhorized underPowerofAttomeybythisparly.
N,~
NEWBIGGING, JANET ANNE
1313Concession6,R.R#3
Tiverton,ON NOG2TO
AddressfarServk;e
Thisdocumentisnotaulhorized underPowerofAttomeybythisparly.
N,~
Address for Service
ENBRIDGE ONTARIO WIND POWER LP
7IlS Queen Street
Kincardine, ON N2Z2X8
I.G. RoberlSimpson, General Managsr, have the authorily to bind the co rporation
ThlsdocumentistlOtaCllho,ized undsr Power of Attorney by this parly.
I Statements
This notice isforan indeterminaleperiod
Schedule: See Schedules
I Signed By
John Michael Keip
215 Durham Street, Box 880
Walkerlon
NOG2VO
acting for
ADplicanl(s)
Signed 20070823
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER,MAGWOCD
215 Durham Street, Box 880
Walkerlon
NOG2VO
20070828
Tel 519.881_3230
Fax 5198813595
at 15:34
Page2of9
on 20070828
yyyymmdd
asBR6291
Receipted
LRO#3 NotlceUnderS.71 Of The Land Titles Act
The applican/(s) hereby applies ro the Land Registrar.
Fe&sITaxeslPayment
statulol}' Registration Fee $60.00
TotalPaid $60.00
Fife NlImber
Applicant Client Fite Number 12270A
"
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Nl1o~01-1'6,pa~se,dt!le.Ju..' ' day
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SITEPLANAGREEMENno ~ . ~~~
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---
This AGREEMENT made this
BETWEEN:
,?l.fh
day of :lW.. 'f
,2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter cailed the "Municipaiity"
OF THE FIRST PART
-and-
PATRICK LORNE NEWBIGGING
and
JANET ANNE NEWBIGGING
-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 shali 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 of land by the
Municipaiity and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for ali successors in title, HEREBY AGREES
with the Municipality as foilows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those iands described in Scheduie "A" to this
agreement and the lands affected by this agreement are as described in
Schedule "A" to this agreement, hereinafter calied the "subject lands".
Wherever the term Owner is used in this agreement, it shall apply jointly and
severaliy to the parties comprising the Owner.
2. The Owner hereby reieases the Municipaiity, its servants, agents and
contractors from any and all iiability in respect of the proper maintenance and
operation of the matters and facilities required by this agreement.
3. The Owner agrees to aliow the Municipality at its sole expense and in its sole
discretion to register or deposit this agreement in the Registry Office for the
County of Bruce against the "subject lands".
Page 2
Site Plan Agreement
4. The owner agrees to indemnify and hold harmless the Municipality from and
against all suits, judgments, claims, demands expenses actions, causes of
action and losses and for any and all iiability 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 reiation 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 severabie and the
striking down or invalidation of anyone or more of the clauses does not
invalidate ali or any of the remaining clauses.
6. Nothing in this agreement shail relieve the Owner from complying with ail
applicable municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands" or for any other purpose pursuant to the
rights of the Municipality under this agreement.
8. Once the Municipality of Kincardine has entered into the site plan agreement
with the owner, all subsequent documents binding the Corporation will be
executed by the Mayor & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject lands", at its
sole expense, in conformity with the site pian as detailed in Schedule "B"
attached hereto, which shail hereinafter be referred to as the "approved site
plan",
10. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site deveiopment requirements as detailed in Schedule "C"
attached hereto.
11. a)
Upon compietion of the development of the "subject lands" in
conformity with the provisions of this agreement, the CAO shall issue a
certificate of compliance.
b) "Certificate of compliance" shall mean a statement of the Municipality
as to the substantial completion of the works, matters and facilities
required by this agreement and shall not be deemed to certity
compliance with any other municipal requirements, regulations, or by-
iaws, 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 wiil not
be issued untii 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 iapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additionai work on the
"subject lands".
Page 3
Site Plan Agreement
13. All maintenance and repair of facilities and matters required by this
agreement shail 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 "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 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 ail 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
properiy executed documents in a form that can be registered, to the
Municipality in order to complete the dedication to the Municipality and
to pay all costs incurred by the Municipality in respect to the
aforementioned dedications;
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 shali be permitted.
ii) "Landscaped Open Space" shali mean the areas of open space
comprised of iawn and ornamental shrubs, flowers and trees and may
include space occupied by paths, walks, courts, patios but shall not
include parking areas. traffic aisies, 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
aisies and other space necessarily incidentai 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 shali not include areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area, Naturai 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-iaws. Areas of
Naturai Open Space may inciude areas of Landscaped Open Space.
v) "Commercial Wind Generation System (CWGS)" shall mean one or
more Wind Generating Systems (WGS), that singiy or coilectively
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
eiectricai energy.
IN WITNESS WHEREOF the Municipaiity has hereto affixed its corporate seal attest
by the hand of its Mayor and Chief Administrative Officer this \Hh day of A~'Y"t
2007. The parties have hereunto set their hands and seais this ~'th day of
~2007.
SIGNED, SEALED AND DELIVERED
in the presence of
WITNESS ~
~
)
)
)
)
)
)
~ -I,--- ~,'2r~ ~J;J
) Chief Administrative Officer-
) John deRosenroll
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MU IPA 0 INCARDINE
Mayor
l!We have authority to bind the Corporation
"
"
) \
) \
)
)
) Name:G. Robert m on
) Title: General Manager, Enbridge
) Ontario Wind Power LP
l/we have authority to bind the Corporation
Municipality of Kincardine in
SCHEDULE "A"
10 feet,
Lot 3, Concession 6 Bruce Except the North
the County of Bruce
SCHEDULE"B"
The "approved site pian" 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 Municipaiity'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 Municipaiity's Chief
Administrative Officer. .
, .
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 surtace 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 reasonabiy.
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 shail 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 reasonabiy.
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 iandscaping as shown on the "approved site
pian". All plantings shall be installed to the specifications and requirements as
indicated on the "approved site plan".
7. The Owner agrees to appropriately and properiy finish all lands iying 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 vehicuiar or pedestrian entrances with topsoil and
sod/seed.
ii) installation of driveways of proper width and grade from the street iine
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 shail mean this agreement is null and void.
9. The Municipality's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement. Please note that all major
variations must be approved by Council in the form of a Site Plan amendment
to this agreement.
LRO#3 NoticeUnderS.71 Of Th.. Land Titles Act
This documoonlhas not bean submiltec/andmaybe Incomplete.
Iproperoes
P'"
Jnpreparatlon on 20070823
yyyymmdd
a114:28
Page1of1
Description
ArJrJress
33283_0052LT
LT3 CON 6 BRUCE EXCEPTTHEN 10FT; KINCARDINE
01313CQNCESSION6
KINCARDINE
I Consideration
Cons/deraUon $0.00
I App/icant(s)
The notice is besed on or affects a valid and existing estate, right, intemslor equity in land
N"~
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
A<:!ingasacompany
1475Concesslon5,RR#5
Kincardlne.ON N2Z2X6
Address lor Service
ThisdocumentiSrlOteull10rlzed under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Larry Kraemer, Mayar and John deRosenroll, Chief Administrative
Officer.
IparlyTo(S)
Capacity
Share
N"~
NEWBIGGING, PATRICK LORNE
Aclingasanindivldual
1313 Concession 6. R. R.#3
Tiverton,ON NDG2TO
AddressforService
Thisdocumentisnolauthorized undarPowerofAttomeybylhisparty.
N.~
NEWBIGGING, JANET ANNE
Acting as an individual
1313Concession6.R.R#3
Tiverton,ON NDG2TO
AddressrorServlce
Thisdocumentisnotaulhorized under PowerofAttomey by ll1is party.
N"~
ENBRIDGE ONTARIO WIND POWER LP
Aclingasacompany
795 Queen Slreel
Kincardine, ON N2Z2X8
Address for Service
I. G. RobertSimpson, General Manager. have the autoorityto bind the corpo ration
Thrsdocumentisnotaull1orized underPowerofAltorneybythisparty.
]Stalemenls
ThiS r>Olice Es for an indeterrninate period
Schedule: See Schedules
I Signed By
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG2II0
acting for
Applicanl{s)
Signed 20070823
Tel 519.881-3230
Fax 5198813595
I FIle Number
App/icant Client File Number:
12270A
"
LRO # 3 Notice Under 8.71 Of The land Titles Act
Receipted as BR6291 on 20070828
yyyy mm dd
at 15:34
Page1of9
The app/icant(s) hereby applies to the Land Registrar.
I Properties
PIN
Description
Address
33283 - 0052 L T
LT 3 CON 6 BRUCE EXCEPT THE N 10 FT; KINCARDINE
01313 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 SeNiee
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1475 Concession 5, R. R. #5
Kincardine, ON N2Z2X6
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)
Capacffy
Share
Name
Address for Service
NEWBIGGING, PATRICK LORNE
1313 Concession 6, R. R. #3
Tiverton, ON NOG 2TO
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
NEWBIGGING, JANET ANNE
1313 Concession 6, R. R. #3
Tiverton, ON NOG 2TO
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, ON N2Z2X8
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
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 08 23
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
2007 08 28
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 FeesITaxeslPayment
Statutory Registration Fee
Total Paid
Receipted as BR6291 on 2007 08 28
yyyy mm dd
$60.00
$60.00
at 15:34
Page 2 of 9
I File Number
Applicant Client File Number:
1227QA
. .
. .
SITE PLAN AGREEMENT
This AGREEMENT made this
BETWEEN:
til.1+~ day of JLt.1.. '1' ,2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
PATRICK LORNE NEWBIGGING
and
JANET ANNE NEWBIGGING
-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 iand 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 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 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 titie, 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 cailed the "subject lands".
Wherever the term Owner is used in this agreement, it shall apply jointiy 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 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 (inciuding 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 shail relieve the Owner from complying with ail
applicable municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands" or for any other purpose pursuant to the
rights of the Municipality under this agreement.
8. Once the Municipality of Kincardine has entered into the site plan agreement
with the owner, all subsequent documents binding the Corporation will be
executed by the Mayor & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject lands", at its
sole expense, in conformity with the site plan as detaiied in Schedule "B"
attached hereto, which shall hereinafter be referred to as the "approved site
plan",
1 O. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site deveiopment requirements as detailed in Schedule "C"
attached hereto.
11. a)
Upon compietion of the development of the "subject lands" in
conformity with the provisions of this agreement, the CAO shall issue a
certificate of compliance.
b) "Certificate of compliance" shall mean a statement of the Municipality
as to the substantial completion of the works, matters and facilities
required by this agreement and shall not be deemed to certify
compliance with any other municipal requirements, regulations, or by-
laws, and the Municipality shall not be stopped from pursuing any or all
its rights to enforce the continuing obligations of the Owner under this
agreement or to enforce any other of the Municipality's requirements,
regulations or by-laws which relate to the subject lands.
12. The Owner hereby acknowledges that failure to compiete ali 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 iapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject lands".
'1 .'
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 "C" (site development requirements), and ali 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
shail 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 Municipaiity, the Municipality may perform such requirements
at the expense of the Owner and such expense may be recovered by the
Municipaiity 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 Municipaiity, free and clear of all encumbrances, ail
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 iand 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.
Iii)
"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
Sile Plan Agreement
operation of the parking area, and which shail be available and
maintained for the parking of motor vehicies 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, Naturai 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 grow1h 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 collectiveiy
produce more than a total of 40 kilowatts (kW) based on 'namepiate
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 Administrative Officer this ~h day of I\~i
2007. The parties have hereunto set their hands and seals this ;},-t\- day of
~2007.
SIGNED, SEALED AND DELIVERED
in the presence of
)
) THE CORPORATION OF THE
l MU PALl C::::E
) ayor rry Kraemer
l d.~ ~S(~v".1;
) Chief Administrative Offic r-
) John deRosenroll
)
)
)
)
)
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IM/e have authority to bind the Corporation
WI ESS
ENBRI ONTARIO WI
POWER LP
.-A1'~
Name:G. Robert Impson
Titie: General Manager, Enbridge
Ontario Wind Power LP
I/We have authority to bind the Corporation
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SCHEDULE"B"
The "approved site plan' shali be ali 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
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 ail 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 Municipaiity's fire fighting equipment.
6. The Owner agrees to provide all iandscaping 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 dateof this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is nuil and void.
9. The Municipaiity'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 8.71 Of The Land Titles Act
In preparation on 2007 08 23
yyyy mm dd
at 14:28
Page 1 of 1
This document has not been submitted and may be incomplete.
I Properties
PIN
Description
Address
33283 - 0052 L T
LT 3 CON 6 BRUCE EXCEPT THE N 10 FT; KINCARDINE
01313 CONCESSION 6
KINCARDINE
I Consideration
Consideration
$ 0.00
I Appticant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5, R. R. #5
Kincardine, ON 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)
Capacity
Share
Name
NEWBIGGING, PATRICK LORNE
Acting as an individual
1313 Concession 6, R. R. #3
Tiverton, ON NOG 2TO
Address for SefVice
This document is not authorized under Power of Attorney by this party.
Name
NEWBIGGING, JANET ANNE
Acting as an individual
1313 Concession 6, R. R. #3
Tiverton, ON NOG 2TO
Address for SefVice
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, ON N2Z2X8
Address for SefVice
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
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 08 23
Tel 519-881-3230
Fax 5198813595
I File Number
Applicant Client File Number:
12270A