HomeMy WebLinkAbout07 166 MacGillivray Farm Inc/Enbridge Agreement PLt17Con11
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 -166
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH MacGILLIVRAY FARMS INC. AND ENBRIDGE ONTARIO
WIND POWER LP
(Part Lot 17, Concession 11, 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 MacGiilivray Farms Inc. and
Enbridge Ontario Wind Power LP, for that property located at Part Lot 17,
Concession 11 Bruce As In R377873; srr R377873; Municipality of Kincardine in
the County of Bruce;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows;
1. That the Municipality of Kincardine enter into a Site Plan Agreement with
MacGiliivray Farms Inc. and Enbridge Ontario Wind Power LP to ensure
appropriate development of those lands described as Part Lot 17,
Concession 11 Bruce As In R377873; srr R377873; Municipality of
Kincardine in the County of Bruce, and being more particularly described
in Schedule "A" of the attached Site Plan Agreement.
2.
That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of the Municipality of Kincardine the agreement with MacGiilivray
Farms Inc. and Enbridge Ontario Wind Power LP, which is attached to this
by-iaw as Schedule "A", as well as any other documentation required
relating to the said Site Pian 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 "MacGiilivray Farms Inc. (En bridge) (pt Lt
17, Con 11 Bruce) Site Plan Agreement By-law."
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(MacGiliivray Farms Inc. (Enbridge) (pt Lt 17, Con 11 Bruce) Site Plan
Agreement By-law
By-law No. 2007 - 166
READ a FIRST and SECOND TIME this 8th day of August, 2007
~-.-r.....~a..QX
CI k
READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2007.
~'f;"...~
Clerk
LRO#3 Notice Under S.71Of The Land TItles Act
The applieant(s) hereby applies to the LandRegistr..r.
I Properties
"N
Racaipt&d as BR6583 on 20070906
yyyymmdd
8116:07
Pagelof2
Description
Address
33278-Q059LT
PTLT 17 CON 11 BRUCE AS IN R377673:srrR377873; KINCARDINE
KINCARDINE
Iconslderat/on
Consideration $0.00
I Applicant(s)
The notice is based on or affects a valid and existlng astate, righl. interestore quityintand
Name
Ac/c/ressforServire
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1475ConGllssion5,R.R.#5
Kincardine,Ontario
N2Z2X6
Thisdocurnentisnotauthorized underPowerolAttomeybythisparly.
This document ls being authorized by a municipal corporation by, Larry Kraemer- Mayor and John deRosenroll- Chief Administrative
OIIcer.
I Party To(s)
Capacity
Share
Name
AddressforServi""
MACGilLIVRAY FARMS INC.
3074 Carmel Koch Road
Baden,Ontario
N3A3S3
I,RodneyMacGillivray_PresldenLhavetheaulhoritytobindthecorporation
This document is not authorized underPowerolAttomeybythisparly,
N,~
AddressforService
ENBRIDGE ONTARIO WIND POWER LP
795 Queen Street
Kincardine, Ontario
N2Z2X6
I,G, Robert Simpson_General Manger, have the authority to bind the corporat Icn
Thisdocumentlsnctauthorized underPowerolAtlomeybythisparly.
I Statements
This notice Is for an indelerminate period
Schedule: See Schedules
I Signed By
John Michael Kelp
215 Durhamstreel,Box880
Welkerton
NOG2VO
aclingler
Applicant(s)
Signed 20070906
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Straet, Box880
Walkertcn
NOGWO
20070906
Tel 519-881-3230
Fa, 5198813595
Re<:elptedas BR6583 on 20070906 a116:07
yyyymmdd Page2of2
LRO#3 Notice Under S.7101 The Land Tilles Acl
Theapplicant(s) herabyapplies to the LandRegistrar.
FeesITaxes/Payment
Stalutory Registration Fee $60.00
70lalPaid $60.00
Fife NlImber
Applican/CUenl File Number 12270A
SITE PLAN AGREEMENT
This is Schedule" A "to By-Law
No;;l:>:>J-lh" passed the II\<- day
~ 200~.
c (;:~~""'~
This AGREEMENT made this
BETWEEN:
3\'"
day of JUI.. 'f
,2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
MACGILLIVRAY FARMS INC.
-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, shali run
with the land and shall enure to the benefit of and be binding upon the parties hereto
and their heirs, executors, administrators, successors and assigns, as the case may
be, and shall be appurtenant to the adjoining highways in the ownership of the
Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the 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 which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality as follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those lands described in Schedule "A" to this
agreement and the lands affected by this agreement are as described in
Schedule "A" to this agreement, hereinafter called the "subject iands".
Wherever the term Owner is used in this agreement, it shall apply jointiy and
severaliy 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 Municipaiity from and
against ail suits, judgments, claims, demands expenses actions, causes of
action and iosses and for any and all liability for damages to property and
injury to persons (including death) which the Municipaiity 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 Municipaiity'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
invaiidate all or any of the remaining clauses.
6. Nothing in this agreement shall reiieve the Owner from complying with all
applicabie municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands" or for any other purpose pursuant to the
rights of the Municipality under this agreement.
8. Once the Municipality of Kincardine has entered into the site pian agreement
with the owner, all subsequent documents binding the Corporation will be .
executed by the Mayor & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject lands", at its
sole expense, in conformity with the site plan as detailed in Schedule "B"
attached hereto, which shall hereinafter be referred to as the "approved site
planl',
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 deveiopment 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 Municipaiity
as to the substantial completion of the works, matters and facilities
required by this agreement and shail 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 Municipaiity'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 shail mean a certificate of compliance will 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 lapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject lands".
Page 3
Site Plan Agreement
13. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at its sole risk and
expense and the Owner agrees the "subject lands" will not impede or prohibit
performance of the maintenance provided for in this agreement.
14. The Owner agrees to maintain in good repair and at its sole expense the
subject lands" in conformity with the provisions of Scheduie "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 foilowing:
a) subject to The Public Transportation and Highway Improvement Act,
R.S.O. 1990, facilities, to provide access to and from the iands such as
access ramps and curbings and traffic direction signs;
b) to dedicate to the Municipality, free and clear of all encumbrances, all
Easements and lands required by the Municipality for the construction,
maintenance and improvement of any existing or newly required
watercourses, ditches, land drainage works and sanitary sewage
facilities on the land and, on request by the Municipality, to deliver the
properiy executed documents in a form that can be registered, to the
Municipaiity 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 Scheduie "A"
attached hereto, free and clear of all encumbrances.
PART C - DEFINITIONS
20. In this Agreement and the Scheduies attached hereto:
i) "Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
ii) "Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and may
include space occupied by paths, walks, courts, patios but shall not
include parking areas, traffic aisles, driveways and ramps,
iii) "Parking Area" shall mean the areas of open space other than a street
to be used for the parking of motor vehicles and access ramps and
driveways to areas used for the parking of motor vehicles which shall
be clear of buildings and structures except those accessory to the
Page 4
Site Plan Agreement
operation of the parking area, and which shali be available and
maintained for the parking of motor vehicles inciuding maneuvering
aisles and other space necessarily incidental to the parking of vehicles.
iv) "Natural Open Space" shali mean the areas of open space which are
to remain in a natural state with a minimum amount of maintenance,
but shall not inciude areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area, Natural Open Space
areas shall be subject to the requirements of the Maintenance and
Occupancy (Property Standards) By-Law as amended from time to
time for the Municipality and shall be kept clear of ail weeds and
natural growth which is prohibited by other Municipai by-laws. Areas of
Natural Open Space may include areas of Landscaped Open Space.
v) "Commercial Wind Generation System (CWGS)" shall mean one or
more Wind Generating Systems (WGS), that singly or collectively
produce more than a total of 40 kilowatts (kW) based on 'nameplate
rating capacity' and are connected to the provincial transmission grid.
vi) 'Wind Generation System (WGS)" shall mean any device such as a
wind charger, windmill, or wind turbine that converts wind energy to
electrical energy.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest
by the hand of its Mayor and Chief Administrative Officer this g-fh day of "'....5";1
2007. The parties have hereunto set their hands and seals this 3 Is'" day of
~2007.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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WITNESS )
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THE CORPORATION OF THE
MU IPAL F NCARDINE
~
Mayor rry Kraemer
.:;: '-- ~ ~r'Q 0 '^.#
. iet Administrative Officer-
John deRosenroli
l!We have authority to bind the Corporation
<Z~~
MacGillivray Farms Inc.
1Zo;.~"'1 fll.(Glu..\V~'{- 'Pl'<ES\re.t<>-r
l!We have authority to bind the Corporation
ENBRIDGE ONTARIO WIND/-)--
POWER LP ~
/J ~ ._____-
Name:G. Robert pson
Titie: General Manager, Enbridge
Ontario Wind Power LP
l/we have authority to bind the Corporation
SCHEDULE "A"
Part Lot 17, Concession 11 Bruce As In R377873; srr R377873; Municipality of
Kincardine in the County of Bruce
SCHEDULE"B"
The "approved site plan" shall be ail the documents contained in the Binder marked
"Circuit 3" 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.
.
SCHEDULE"C"
SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the compietion date for all work required pursuant to
this agreement shail be December 31,2009.
2. The Owner agrees to prepare a grading and drainage plan acceptable to the
Municipality and ali surface drainage shail be controlled in accordance with
the approved plans in a manner satisfactory to the Municipality.
3. The Owner agrees to ensure during deveiopment 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 instail 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 internai driveways, access roads which are
necessary for, and designated as, a fire route shall be so designed so as to
carry the weight of the Municipality's fire fighting equipment.
6. The Owner agrees to provide all landscaping as shown on the "approved site
plan". All plantings shall be instailed to the specifications and requirements as
indicated on the "approved site pian".
7. The Owner agrees to appropriately and properly finish ail lands lying between
the "subject iands" 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 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 u~ed 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 buiiding permit within the
prescribed time period shali 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 Pian amendment
to this agreement.
LRO#3 NoliceUnder S.7101 The Land Titles Act In preparation On 20070828 at 09:22
This document has no/ been submitted and may 00 incomplete. yyyymmdd Page1of1
I Properties =::J
"N 33278.0059LT
Description PTlT17CON 11 8RUCEAS IN R377873; srrR377873; KINCARDINE
Address KINCARDINE
I Consideration =::J
Consideration $0.00
I Applicant(s) =::J
The notice is based on or affeGts a valid and existing estate, right,lnterestorequ ily in land
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
AfifiressforSeTVice 1475Concesslon5,R.R.#5
Kincardine,Ontario
N2Z2X6
Thlsdocumenllsnolaulhorl~ed under PowerofAttomey by this party.
Thls document is being authorized by a municipal corporation Larry Kraemer. Mayor and John deRosenroll- Chief Mminislrative
OIf",er.
IpartyTO(S) Capacity Share
N.= MACGilLIVRAY FARMS INC.
Acting as a company
Address for Service 3074 Carmel Koch Road
Baden,Ontarlo
N3A3S3
I,RodneyMacGillivray_Presklent,havetheauthorilytobindlhecorporation
Thlsdocumentisnotaulhorized undar PowerofAtiomey by this party.
N.= ENBRIDGE ONTARIO WIND POWER lP
Acllngasacompany
AddressforServlce 795 Queen Slreet
Kincardine, Ontario
N",""
I,G.RobertSimpson_GeneraIManger,havetheauthorilytobindlhecorporation
Thisdocumenlisnotacrthori~ed under PowerofAttcmey by this party.
I statements -
-
Thls notice isforan indeterminate period
Scheduie:SeeSchedules
-
Signed By
-
John Michael Ke;p 215 Durl1am Slreet, Box 880 acting for Signed 20070828
Walkerton Applicant(s)
NOG2VO
'" 519-881-3230
e", 5198813595
-
File Number
-
Applicant ClierrtFlle N"mber 2270A
,
..
LRQ # 3 Notice Under 5.71 Of The Land Titles Act
Receipted as BR6583 on 2007 09 06
yyyy mm dd
at 16:07
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Page 1 of2
Description
Address
33278 - 0059 L T
PT LT 17 CON 11 BRUCE AS IN R377873; SIT R377873; KINCARDINE
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
Address for Service
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1475 Concession 5, R.R. #5
Kincardine, Ontario
N2Z 2X6
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by, Lany Kraemer - Mayor and John deRosenroll - Chief Administrative
Officer.
I Party To(s)
Capacity
Share
Name
Address for Service
MACGilLIVRAY FARMS INC.
3074 Carmel Koch Road
Baden, Ontario
N3A 3S3
I, Rodney MacGillivray - President, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
Address for SeIVice
ENBRIDGE ONTARIO WIND POWER LP
795 Queen Street
Kincardine, Ontario
N2Z 2X8
I, G. Robert Simpson ~ General Manger, 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 09 06
Tel 519-881-3230
Fax 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Street, Box 880
Walkerton
NOG 2VO
2007 09 06
Tel 519-881-3230
Fax 5198813595
LRO # 3 Notice Under 8.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Fees/Taxes/Payment
Receipted as BR6583 on 2007 09 06
yyyy mm dd
Statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client Fife Number ..
12270A
at 16:07
Page 2 of2
'.
"
SITE PLAN AGREEMENT
This AGREEMENT made this 6\ ..,.-
BETWEEN:
-
day of Ju l Y
,2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
MACGILLIVRAY FARMS INC.
-and-
ENBRIDGE ONTARIO WIND POWER LP
hereinafter collectively calied "The Owner"
OF THE SECOND PART
WHEREAS the Owner represents that it is the registered owner of those lands in the
Municipaiity 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 Controi Area By-Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13,
as amended.
AND WHEREAS the covenants, agreements, conditions and understandings herein
contained on the part of the Owner and the Party of the Third Part, if any, shall run
with the land and shall enure to the benefit of and be binding upon the parties hereto
and their heirs, executors, administrators, successors and assigns, as the case may
be, and shall be appurtenant to the adjoining highways in the ownership of the
Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the approval of the plans for the development on subject parcel of land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality a~ follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the Owner as herein stated is
the registered owner of those lands described in Schedule "A" to this
agreement and the lands affected by this agreement are as described in
Schedule" A" to this agreement, hereinafter called the "subject lands".
Wherever the term Owner is used in this agreement, it shall apply jointly and
severally to the parties comprising the Owner.
2. The Owner hereby releases the Municipality, its servants, agents and
contractors from any and all liability in respect of the proper maintenance and
operation of the matters and facilities required by this agreement.
3. The Owner agrees to allow the Municipality at its sole expense and in its soie
discretion to register or deposit this agreement in the Registry Office for the
County of Bruce againstthe "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 iosses and for any and all liability for damages to property and
injury to persons (including death) which the Municipality may incur, otherwise
than by reason of their own negligence or wiliful misconduct, as a result of or
arising out of or in relation to any breach of the terms of this Agreement, or
the Municipality's own negligence or willful misconduct.
5. The clauses of this agreement are independent and severable and the
striking down or invalidation of anyone or more of the clauses does not
invalidate all or any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from complying with all
applicable municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of inspection
of the works and the "subject lands' or for any other purpose pursuant to the
rights of the Municipality under this agreement.
8. Once the Municipality of Kincardine has entered into the site plan agreement
with the owner, all subsequent documents binding the Corporation wili be
executed by the Mayor & CAD.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. The Owner agrees to undertake development on the "subject lands", at its
sole expense, in conformity with the site plan as detailed in Schedule "B"
attached hereto, which shall hereinafter be referred to as the "approved site
plan",
1 O. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site development requirements as detailed in Schedule "C"
attached hereto.
11. a)
Upon completion of the development of the "subject lands" in
conformity with the provisions of this agreement, the CAO shall issue a
certificate of compliance.
b) "Certificate of compliance" shall mean a statement of the Municipality
as to the substantial completion of the works, matters and facilities
required by this agreement and shall not be deemed to certify
compliance with any other municipal requirements, regulations, or by-
laws, and the Municipality shall not be stopped from pursuing any or all
its rights to enforce the continuing obligations of the Owner under this
agreement or to enforce any other of the Municipality's requirements,
regulations or by-laws which relate to the subject lands.
12. The Owner hereby acknowledges that failure to complete all required works
within the specified time period shall mean a certificate of compliance wili not
be issued until such work necessary to complete the development is done,
and that until such certificate of compliance has been issued, in the event that
the prescribed time period has lapsed, the Municipality has the right to refuse
issuance of any permit necessary to carry out any additional work on the
"subject landsll.
Page 3
Site Plan Agreement
13. Ail 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 all other
requirements pursuant to this agreement, and all repair or maintenance shail
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 defautt thereof and in the sole
discretion of the Municipality, the Municipality may pertorm such requirements
at the expense of the Owner and such expense may be recovered by the
Municipality in like manner as municipal taxes within the meaning of Section
326 of the Municipal Act, R.S,O., 1990, c.M, 45, as amended.
16. The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement Act,
R.S.O. 1990, facilities, to provide access to and from the lands such as
access ramps and curbings and traffic direction signs;
b) to dedicate to the Municipality, free and clear of all encumbrances, all
Easements and lands required by the Municipality for the constructiOn,
maintenance and improvement of any existing or newly required
watercourses, ditches, land drainage works and sanitary sewage
facilities on the land and, on request by the Municipality, to deliver the
properly executed documents in a form that can be registered, to the
Municipality in order to complete the dedication to the Municipality and
to pay all costs incurred by the Municipality in respect to the
aforementioned dedications;
c) to, where required by Municipal resolution, dedicate to the Municipality
widening of highways that abut on the land described in Schedule "A"
attached hereto, free and clear of all encumbrances.
PART C - DEFINITIONS
20. In this Agreement and the Schedules attached hereto:
i)
"Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
iii)
"Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamentai shrubs, flowers and trees and may
include space occupied by paths, walks, courts, patios but shail not
include parking areas, traffic aisles, driveways and ramps,
"Parking Area" shall mean the areas of open space other than a street
to be used for the parking of motor vehicles and access ramps and
driveways to areas used for the parking of motor vehicles which shall
be clear of buildings and structures except those accessory to the
ii)
Page 4
Site Plan Agreement
operation of the parking area, and which shall be available and
maintained for the parking of motor vehicles including maneuvering
aisies and other space necessarily incldentai 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 shail not inciude areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area, Natural Open Space
areas shall be subject to the requirements of the Maintenance and
Occupancy (Property Standards) By-Law as amended from time to
time for the Municipality and shall be kept clear of ali weeds and
natural growth which is prohibited by other Municipal by-laws. Areas of
Natural Open Space may include areas of Landscaped Open Space.
v) "Commercial Wind Generation System (CWGS)" shail mean one or
more Wind Generating Systems (WGS), that singly or coliectively
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)" shali 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 8th day of l1~J"st
2007. The parties have hereunto set their hands and seals this 3\,'\' day of
~2007.
SIGNED, SEALED AND DELIVERED
in the presence of
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WITNESS
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THE CORPORATION OF THE
MU ALIT OF INCARDINE
.......,
rry Kraemer
Mayor
ief Administrative Officer-
John deRosenroll
INVe have authority to bind the Corporation
~4MdI1W--
MacGillivray Farms Inc.p . .1_""
~od~e'l \1KG'd\W"'1- ~""',....~
I/We have authority to bind the Corporation
ENBRIDGE ONTARIO WIND
~~
Name:G. Robert Simpson
Title: General Manager, Enbridge
Ontario Wind Power LP
l!We have authority to bind the Corporation
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SCHEDULE"B"
The "approved site plan" shall be all the documents contained in the Binder marked
"Circuit 3" 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 Municipaiity's Chief
Administrative Officer.
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SCHEDULE"C"
SITE DEVELOPMENT REQUIREMENTS
1. The Owner agrees that the compietion date for all work required pursuant to
this agreement shall be December 31, 2009.
2. The Owner agrees to prepare a grading and drainage plan acceptable to the
Municipality and all surface drainage shail 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 adequateiy
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of such
trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
5. The Owner agrees that any internal driveways, access roads which are
necessary for, and designated as, a fire route shall be so designed SO as to
carry the weight of the Municipality's fire fighting equipment.
6. The Owner agrees to provide all landscaping as shown on the "approved site
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 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 lor 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 Municipaiity's Engineer.
Iii) removal of existing driveways which are not to be used with
repiacement by appropriate landscaping as detailed above.
8. The Owner agrees to obtain a building permit within twelve (12) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
9. The Municipality's Chief Administrative Officer may agree in writing to minor
variations to provisions of this agreement. Please note that all major
variations must be approved by Council in the form of a Site Plan amendment
to this agreement.
LRO # 3 Notice Under S.71 Of The Land Titles Act
This document has not been submitted and may be incomplete.
I Properties
PIN
In preparation on 2007 08 28
yyyy mm dd
at 09:22
Page 1 of 1
Description
Address
33278 - 0059 L T
PT LT 17 CON 11 BRUCE AS IN R377873; SIT R377873; KINCARDINE
KINCARDINE
I Consideration
Consideration
$ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5, R.R. #5
Kincardine, Ontario
N2Z 2X6
Address for SelVice
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Larry Kraemer - Mayor and John deRosenroll - Chief Administrative
Officer.
I Party To(s)
Capacfty
Share
Name
MACGILLIVRAY FARMS INC.
Acting as a company
3074 Carmel Koch Road
Baden, Ontario
N3A 3S3
Address for SelVice
I, Rodney MacGillivray - President, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
Name
EN BRIDGE ONTARIO WIND POWER LP
Acting as a company
795 Queen Street
Kincardine, Ontario
N2Z 2X8
Address for SelVice
I, G. Robert Simpson - General Manger, 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 28
Tel 519-881-3230
Fax 5198813595
I File Number
Applicant Client File Number:
12270A