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HomeMy WebLinkAbout07 167 MacGillivray (Enbridge) Lt16Con11 Bruce Site Plan AgreementTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NB1 • �naunar BY-LAW NO. 2007 —167 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH RODNEY WAYNE MacGILLIVRAY AND SANDRA LYNNE KEITH MacGILLIVRAY AND ENBRIDGE ONTARIO WIND POWER LP (Lot 16, 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 Rodney Wayne MacGillivray and Sandra Lynne Keith MacGillivray and Enbridge Ontario Wind Power LP, for that property located at Lot 16, Concession 11 Bruce Except Part 1, 3R4493 & Part 1, 3R7441; 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 Rodney Wayne MacGillivray and Sandra Lynne Keith MacGillivray and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Lot 16, Concession 11 Bruce Except Part 1, 3R4493 & Part 1, 3R7441; 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 Rodney Wayne MacGillivray and Sandra Lynne Keith MacGillivray and Enbridge Ontario Wind Power LP, which is attached to this by-law as Schedule "A", as well as any other documentation required relating to the said Site Plan Agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the `Rodney and Sandra MacGillivray (Enbridge) (Lt 16, Con 11 Bruce) Site Plan Agreement By-law." • • Page 2 "Rodney and Sandra MacGillivray (Enbridge) (Lt 16, Con 11 Bruce) Site Plan Agreement By-law By-law No. 2007 - 167 READ a FIRST and SECOND TIME this 81" day of August, 2007 Mayor READ a THIRD TIME and FINALLY PASSED this 8`h day of August, 2007. yor Clergy LED Y3 Notice Under 9.71 Of The Land Titles Act Rewiring as BR0296 on 2007 Body at 1552 The possani hereby applies to the land Registaz yyYYmmdtl Pagel oft Properties PIN 33278-0001 IT Desahptlon IT 16 CON 11 BRUCE EXCEPT PT 1. 3R44938 PT 1, 3R7441, KINCARDINE Address 0222051DEROAD IS KINCARDINE Consldereflo n Consideration $000 Applicants) The notice is based on or arteN a valid and branch estate, right, interest or equity in land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Addass (m Service 1475 Concession 5, R. R. NS Kincarome, ON N222Xy This document not auftahzed under Readily Attorney by this party. This document is being rotor zed by a municipal corporation by Larry Kraemer, Mayor and John deRosenmll, Chief Administrative Officer. Party Toffs) Capacity share, Name MACGILLIVRAY, RODNEY WAYNE Address for S¢Nte 3094 Carmel Koch Road Baden, ON N3A 3S3 TMs mcumondis noaudodzeb under Power Of Attorney by this party. Name KEITH MACGILLIVRAY, SANDRA LYNNE Address MY SeMce 3074 Carmel Koch Road Baden, ON DNA 353 This document is not authorized under Power of Attorney by this party. Name ENBRIOGE ONTARIO WINO POWER LP Address for Servlw 3074 Cermel Koch Road Baden, ON NSA 353 I, G. Robot Barnyard, General Manager, have the a rebuty to bind Oe arearMion This document is not aWMrized under Power of AXOmey by This pally. sfareroeaea This notice, is orr an Indeterminate period Schedule: See Schedules Signed By John Michael Kelp 215 Durham Street, Box 880 acting for Signed 20070824 Warms Applirantam Ni 2VT Tel 51P881-3230 Fee 5198813595 Submitted By WAECHTER, MAGW000 215 Durham SRM Box 880 2007 0907 Walkerton NOG 2V0 Tel 519.8813230 Fax 5198813595 LRO#3 No ica Under 5.71 Of The Land Titles Act Recelfand as BR6286 on 2007 0828 at 15:52 The applicant(s) hereby applies no the Lantlftyisflar. yyn mm dd Rage 2 of Fees4ares/Payment &afulayFgisfreWn Fee $6000 File Number Appleant Client File Numhar: 12270A r This is Schedule "A-" to By -Law Noce passed the It` day �0 zoa7 SITE PLAN AGREEMENT i This AGREEMENT made this 3 r sT day of : u4. 12007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- RODNEY WAYNE MACGILLIVRAY and SANDRA LYNNE KEITH MACGILLIVRAY -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called 'The Owner" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By -Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". Page 2 Site Plan Agreement 4. The owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "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 detailed in Schedule "B" attached hereto, which shall 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 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 will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule'B" (approved site plan) and Schedule "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 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: "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, III) 'Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the Page 4 Site Plan Agreement operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. IV) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By -Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. v) "Commercial Wind Generation System (CWGS)" shall mean one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. vi) 'Wind Generation System (WGS)" shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this a+r, day of --I8Vt 2007. The parties have hereunto set their hands and seals this 3tst day of r ,1j 2007. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MUN AL NCARDINE Mayor�arryKraemer//�//�D MC ig Chief Administrative Officer John deRosenroll INJe have authority to bind the Corporation Rodney Wayne MacGillivray .kt4 Sandra Lynne Keith Ma Gillivray ENBRIDGE ONTARIO WIND POWER LP Name:G. Robert Simpson Title: General Manager, Enbridge Ontario Wind Power LP I/we have authority to bind the Corporation SCHEDULE"A" Lot 16, Concession 11 Bruce Except Part 1, 3R4493 & Part 1, 3R7441; Municipality of Kincardine in the County of Bruce SCHEDULE"B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 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 completion date for all work required pursuant to this agreement shall be December 31, 2009. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately 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: landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. FRO#3 Notice Under 5.71 Of The Land TiUU Act In preparation on 20070907 at 11.38 This nonevent has not been submMetl end says be evenness yyyy man dd Pa0e1 oft This document Is being prepared as a revision to an un damped docment which has been returned for wrreNon. The original document was receiptetl as BR62960n 2007 0828 at 1552 Correction Message from LRO September ], 2007. Surname appears inPonectfor Somers Lynne Kelm Mac3dirway. Please resubmit by September T, 2D07. Julie Deans 519 B81-2259. Areal to be Coneoli Parries To Properties PIN 33278-0061 LT Oeacnp0on LT 16 CON 11 BRUCE EXCEPT PT 1, 3R44838 PT 1, 3R7441: KINCARDINE Atltlre59 02220 SIDEROAD 15 KINCARDINE Consideration Conadenatem $000 Applicant(s) The notice Is based on or eRecb a valid and existing estate, right, interest 0r equity In land Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Acting as a company Address as Sezvtce 1495 Concussion S, R. R.#5 Pori ON Nl2X8 Thedocument ismtauthonzed untler Powerm AMmeyby NispaTy. This tlocument Is being mind rized by a muNcipal corporation by Larry Carl Mayor and John deRosenmll, Chief Pendentive Oft Party row Capacity Share Name MACGILLATW", RODNEY WAYNE Acting as a,indiaidusl Address for Service 3074 Conrad KOM ROad Baden, ON N3Adi Thisdoament lsnotmnalizetl under Powercf Atlomey bythls party. Name KEITH MACGILLIVRAY, SANDRA LYNNE Acting as an individual Address br Service 3074 Carmel Koch Read Baden, ON WIN fill This documents not auuor¢etl under Power of AMmey "is part. Name ENBRIDGE ONTARIO WIND POWER LT AUlry as a company AddrzesfinSmi 3074 Carmel Koch Road Baden. ON NN 333 I, G Robed $impsog General Manger, have the minority to bind the wryomium This document is not authorized under Power of Attorney by this Pear, Statements This native Is bran Indeterminate period Schedule: See Schadoloy LRO Y3 NMIm Under 8.710f The Land Tres Act In preparation on 2007 09 07 at 1138 This document has not been submlbed and may be incwnpfate, yyyy mm do Page 2 of Si9nerl By John Michael Kelp 2150arbam Street, Box 880 al for Signed 20070824 Walkerm Applicangs) NOS Tel 51P881-3230 Fax 5198813595 File Number Applisadf Client File Number 1 270A LRO # 3 Notice Under S.71 Of The Land Titles Act Receipted as BR6296 on 2007 08 28 at 15:52 The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 1 of 2 Properties PIN 33278- 0061 LT Description LT 16 CON 11 BRUCE EXCEPT PT 1, 3134493 & PT 1, 3R7441; KINCARDINE Address 02220 SIDEROAD 15 KINCARDINE Consideration Consideration $ 0.00 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 Address for Service 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. Party To(s) Capacity Share Name MACGILLIVRAY, RODNEY WAYNE Address for Service 3074 Carmel Koch Road Baden, ON 1143A 3S3 This document is not authorized under Power of Attorney by this party. Name KEITH MACGILLIVRAY, SANDRA LYNNE Address for Service 3074 Carmel Koch Road Baden, ON N3A 3S3 This document is not authorized under Power of Attorney by this party. Name ENBRIDGE ONTARIO WIND POWER LP Address for Service 3074 Carmel Koch Road Baden, ON N3A 3S3 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. Statements This notice is for an indeterminate period Schedule: See Schedules Signed By John Michael Kelp 215 Durham Street, Box 880 acting for Signed 2007 08 24 Walkerton Applicant(s) NOG 2V0 Tel 519-881-3230 Fax 5198813595 Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 2007 09 07 Walkerton NOG 2VO Tel 519-881-3230 Fax 5198813596 LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR6296 on 2007 08 28 at 15:52 The applicant(s) hereby applies to the Land Registraryyyy mm dd Page 2 of 2 Fees/Taxes/Payment Statutory Registration Fee $60.00 $60.00 Applicant Client File Number: 12270A SITE PLAN AGREEMENT This AGREEMENT made this 31°T day of 3(At ,Y 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality' OF THE FIRST PART -and- RODNEY WAYNE MACGILLIVRAY and SANDRA LYNNE KEITH MACGILLIVRAY -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called "The Owner" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By -Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". Wherever the term Owner is used in this agreement, it shall apply jointly and severally to the parties comprising the Owner. 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". Page 2 Site Plan Agreement 4. The owner agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 6. 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 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 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 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 will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "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 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: "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the Page 4 Site Plan Agreement operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. IV) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By -Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. v) "Commercial Wind Generation System (CWGS)" shall mean one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on `nameplate rating capacity' and are connected to the provincial transmission grid. vi) "Wind Generation System (WGS)" shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this Saln day of A e,, s+ 2007. The parties have hereunto set their hands and seals this ii5-t= day of J� JT 2007. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MAUIKIPA OINCARDINE ayor — arry Kraemer Cffief Administrative Officer — John deRosenroll WJe have authority to bind the Corporation Tz< Rodney Wayne MacGillivray Sandra Lynne Keith MacGillivray ENBRIDGE ONTARIO WIND POWER LP �7 Name:G. Robert Mpson Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation SCHEDULE"A" Lot 16, Concession 11 Bruce Except Part 1, 3114493 & Part 1, 3R7441; Municipality of Kincardine in the County of Bruce SCHEDULE"B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 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 completion date for all work required pursuant to this agreement shall be December 31, 2009. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately 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: landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. LRO # 3 Notice Under S.71 Of The Land Titles Act In preparation on 2007 09 07 at 11:38 This document has not been submitted and may be incomplete. yyyy mm rid Page 1 of 2 This document is being prepared as a revision to an uncertified document which has been returned for correction. The original document was receipted as BR6296 on 2007 08 28 at 15:52 Correction Message from LRO September 7, 2007. Surname appears incorrect for Sandra Lynne Keith MacGillivray. Please re -submit by September 7, 2007. Julie Deans 519-881-2259. Area(s) to be Corrected Parties To Properties PIN 33278- 0061 LT Description LT 16 CON 11 BRUCE EXCEPT PT 1, 3R4493 & PT 1, 3R7441; KINCARDINE Address 02220 SIDEROAD 15 KINCARDINE Consideration Consideration $ 0.00 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 Address for Service 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. Party To(s) Capacity Share Name MACGILLIVRAY, RODNEY WAYNE Acting as an individual Address for Service 3074 Carmel Koch Road Baden, ON N3A 3S3 This document is not authorized under Power of Attorney by this party. Name KEITH MACGILLIVRAY, SANDRA LYNNE Acting as an individual Address for Service 3074 Carmel Koch Road Baden, ON N3A 3S3 This document is not authorized under Power of Attorney by this parry. Name ENBRIDGE ONTARIO WIND POWER LT Acting as a company Address for Service 3074 Carmel Koch Road Baden, ON N3A 3S3 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. Statements This notice is for an indeterminate period Schedule: See Schedules LRO # 3 Notice Under 5.71 Of The land Titles Act In preparation on 2007 09 07 at 11:38 This document has not been submitted and may be incomplete. yyyy mm did Page 2 of 2 Signed By John Michael Kelp 215 Durham Street, Box 880 acting for Signed 2007 08 24 Walkerton Applicant(s) NOG 2VO Tel 519-881-3230 Fax 5198813595 File Number Applicant Client File Number: 12270A