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HomeMy WebLinkAbout07 175 Elderslie Farms/Enbridge Lt12-14Con8 Bruce Site Plan Agreement . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE '" BY-LAW NO. 2007 - 175 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH ELDERSLIE FARMS LTD. AND EN BRIDGE ONTARIO WIND POWER LP (Lot 12 -14, Concession 8, 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 Elderslie Farms Ltd. and Enbridge Ontario Wind Power LP, for that property located at Lot 12-14, Concession 8 Bruce Except Part 1, 3R5811; Part 9,10,11, 3R802; Municipality of Kincardine in the County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as foilows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with Elderslie Farms Ltd. and Enbridge Ontario Wind Power LP to ensure appropriate development of those iands described as Lot 12-14, Concession 8 Bruce Except Part 1, 3R5811; Part 9, 10, 11, 3R802; Municipality of Kincardine in the County of Bruce, and being more particularly described in Scheduie "A" of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on behaif of the Municipality of Kincardine the agreement with Eldersiie Farms Ltd. and Enbridge Ontario Wind Power LP, which is attached to this by-law as Schedule "A", as weli 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 "Elderslie Farms (En bridge) (Lt 12-14, Con 8 Bruce) Site Plan Agreement By-law." .../2 . . . . Page 2 Elderslie Farms (Enbridge) (Lt 12-14, Con 8 Con 8 Bruce) Site Plan Agreement By-law By-law No. 2007 - 175 READ a FIRST and SECOND TIME this 8'" day of August, 2007 ~~~ Clerk ~ Mayor READ a THIRD TIME and FINALLY PASSED this 81h day of August, 2007. ~---- ~ Clerk I ! LRO#3 NnllceUnderS.71Of Th..Land TitlesAct Receipted as BR6738 on 20070912 aI15:56 ! Th..",pp/icent(s) h..rebyapplies to the LandRegjstrar. yyyymmdd Pagel 019 Iproperlies =:J P>" 33282_0035LT Descrlpfjon LT 12.14 CON 8 BRUCE EXCEPT PT1. 3R5813, PT 1.3R5Bl1,PT9, 10, 11, 3R802; KINCARDINE Address 00973 CONCESSION 8 KINCARDINE I Consideration =:J Consideraljon $0.00 I App/icant(s) =:J The notioo is wsedon oraffecls a valid and existirlgeslate, righl,interest or equity in land ",~ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AddressrorService 1475 Concesslon5,R.R.#5 Kincardi"",Ontario N2Z2X6 This document is not aulhorized underPowerofAttomey by this par1y_ This document;s being authorized by a municipal corporalion by, Larry Kraeme,- Mayor and John deRosenroll- Chief Administrative Olii""r. I Party To(s) Capacity Share I ",~ ELDERSLlEFARMSLTD. AddressforServica clo Canadian Agra Holdings Inc. P.O_Box1300 Wirlgham.Ontario NOG2WO I,J.B.Trentelman. havethe,aulhorltyto bind the corporation This documant is not authorized underPowerofAtiomeybythisparty. ",~ ENBRIDGE ONTARIO WIND POWER LP Address for Service 795 Queen Street Kincardine, Ontario N2Z2X8 I,G,RobertSimpson-General Manager, have the authority to bjnd lhe co rporation Thisdocumentisnolaulhorized under PowerofAlIorney by this party. I Statements I Thisno~ceisforanindelerminateperjod Schedule: See Schedules Signed By John Michael Keip 215 Durham Street, Box 880 acting for Signed 20070908 Walkerlon Applicant{s) NOG2VO '" 519~81-J230 cO' 5198813595 Submitted By WAECHTER, MAGWOOD 215 Durham straat, Box 880 20070912 Walkerlon NOG2VO ,,' 519-881-3230 cO' 5198613595 RocoiptGdasBR6738on Z0070912 a115:56 yyyymmdd Page2019 LRO#3 NoticoUndorS.71 Of Tho Land Titles Act TI1e appJicant(s) herebyappliss 10 Ihe Land Regis/rar. FeesITaxesIPayment stalutoryRegislrationFee $60.00 TotalPaid $w.oo File Number AppJicant ClientFiie Number 12270A " This AGREEMENT made this ~ <l+1t BETWEEN; This is Schedule II A... II to By-Law No.)ooJ-I1>passed the 2':- day of ,," 200'-1. SITE PLAN AGREEMENT ~~.QQ May I Clerk ~ - day of ~,2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- ELDERSLIE FARMS LTD. ,and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called "The Owner" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of those lands in the 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 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 \\Pply 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 ali suits, judgments, claims, demands expenses actions, causes of action and losses and for any and ali 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 ali or any of the remaining clauses. 6. Nothing in this agreement shali relieve the Owner from complying with ali 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 iands" 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, ali 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 Scheduie "6" attached hereto, which shali hereinafter be referred to as the "approved site plan", 10. The Owner agrees to provide, instali or otherwise abide by, at its soie 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 shali issue a certificate of compliance. b) "Certificate of compliance" shali mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shali not be deemed to certify compliance with any other municipal requirements, regulations, or by- laws, and the Municipality shali not be stopped from pursuing any or ali 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 ali required works within the specified time period shali 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, RS,O., 1990, c.M, 45, as amended. 16. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a form that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, Iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the Page 4 Site Plan Agreement operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. iv) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area, Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. v) "Commercial Wind Generation System (CWGS)" shall mean one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. vi) 'Wind Generation System (WGS)" shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this lS"\h day of p,~""-t 2007. The parties have hereunto set their hands and seals this \~i\, day of ~2007. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUN PALIT CARDINE -' ayor any raemer -3:. ~ ~"- c<-." ,~~)tl Chief Administrative Officer- John deRosenroll INVe have authority to bind the Corporation r. I ELMAN l/We have autihorityto bind the corp5ration ENBRIDGE ONTARIO WIND POWER LP Name:G. Robert mpson Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation SCHEDULE "A" Lot 12 - 14, Concession 8 Bruce Except Part 1, 3R5813, Part 1, 3R5811, Part 9, 10, 11, 3R802; Municipality of Kincardine in the County of Bruce SCHEDULE"B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 4" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. 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 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 Municipaiity's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topSOil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. LRO # 3 Notice Under $.71 Of The Land Titles Act The appficant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as BR7407 on 20071002 yyyy mm dd at 10:14 Page10f9 33282 - 0035 L T Description LT 12-14 CON 8 BRUCE EXCEPT PT 1, 3R5813, PT 1, 3R5811, PT 9,10,11, 3R802; KINCARDINE 00973 CONCESSION 8 KINCARDINE Address 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 Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 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. I Party To(s) Capacity Share Name Address for Service ELDERSLlE FARMS LTD. cia Canadian Agra (Holdings) Inc P. O. Box 1300 Wingham, ON NOG 2WO I, J. B. Trantleman, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name Address for Service EN BRIDGE ONTARIO WIND POWER LP 795 Queen Street Kincardine, ON N2Z 2X8 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 09 26 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 20071002 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/TaxeslPayment Receipted as BR7407 on 20071002 yyyy mm dd Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicarit Client File Number: 12270B at 10:14 Page 2 of 9 ... "" '. " SITE PLAN AGREEMENT This AGREEMENT made this ~qf-11 BETWEEN: day of AUGotL S'( ,2007, THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- ELDERSLlE FARMS LTD. -and, ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called ''The Owner" OF THE SECOND PART WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached 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 ciauses 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", 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 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 pertormance 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 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. ili) "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 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 IJ.:;/J>. day of ~ 2007. The parties have hereunto set their hands and seals this 21th day of -fhCJLM 2007. SIGNED, SEALED AND DELIVERED in the presence of ~~ WITNESS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ie Administrative Officer - John deRosenroll INJe have authority ind the Corporation Name:G. Robert on Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation . . " SCHEDULE "A" Lot 12 -14, Concession 8, Bruce Except Part 1, 3R5813, Part 1, 3R5811, Part 9,10, 11, 3R802; Municipality of Kincardine in the County of Bruce SCHEDULE "B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 4" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. , . , . 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 iocated not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 7. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 8. The Owner agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. LRO# 3 Notice UnderS.71 Of The land Titles Act In preparation on 2007 09 26 yyyy mm dd at 14:07 Page 1 of 1 This document has not been submitted and may be incomplete. I Properties PIN Description 33282 - 0035 l T LT 12-14 CON 8 BRUCE EXCEPT PT 1, 3R5813, PT 1, 3R5811, PT 9,10,11, 3R802; KINCARDINE 00973 CONCESSION 8 KINCARDINE Address 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 KJNCARDINE Acting as a company 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 Address for Service This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipaJ corporation by larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacity Share Name ELDERSLlE FARMS LTD. Acting as a company c/o Canadian Agra (Holdings) Inc P. O. Box 1300 Wing ham, ON NOG 2WO Address for Service I, J. B. Trantleman, have the authority to bind the corporation 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 N2Z 2X8 Address for Service J, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indetenninate period Schedule: See Schedules I Signed By John Michael Keip 215 Durham Street, Box 880 Walkerton NaG 2VO acting for Applicant(s) Signed 2007 09 26 Tel 519-881~323a Fax 5198813595 I File Number Applicant Client File Number: 12270B . , . LRO # 3 Notice Under S.71 Of The land Titles Act Receipted as BR7407 on 20071002 Y'fY'Jmmdd at 10:14 The applicant(s) hereby applies to the Land Registrar. I Properties PIN Page 1 of9 33282. 0035 L T Description LT 12-14 CON 8 BRUCE EXCEPT PT 1, 3R5813, PT 1, 3R5811, PT 9,10,11, 3R802; KINCARDINE 00973 CONCESSION 8 KINCARDINE Address 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 Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attomey 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 Address for Service ELDERSLlE FARMS LTD. clo Canadian Agra (Holdings) lnc p, O. Box 1300 Wingham, ON NOG 2WO I, J. B. Trantleman, have the authority to bind the corporation 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 N2Z 2X8 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 Kelp 215 Durham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 2007 09 26 Tel 519-881.3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 20071002 Tel 519-881-3230 Fax 5198813595 LRO#3 Notice UnderS,71 Of The Land Titles Act Receipted as BR7407 on 20071002 yyyy mm dd The applicant(s) hereby applies to the Land Registrar. I FeesITaxes/Payment Statutory Registration Fee $60.00 Total Paid $60,00 I File Number Applicant Client Fife Number: 12270B at 10:14 Page 2 of9 ..... ,.... '. '/ SITE PLAN AGREEMENT This AGREEMENT made this ~CH'Yl BETWEEN: day of A-U.6.t1.~, 2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- ELDERSLIE FARMS LTD. -and- EN BRIDGE 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, RS,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 "8" 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 Municipaiity 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. iil} "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 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 aisies, 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 naturai growth which is prohibited by other Municipal by-laws. Areas of Natural 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 singly or collectively 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 /J.jJ>. day of ~ 2007. The parties have hereunto set their hands and seals this :<..'11:" day of -fiv,JUStt 2007. SIGNED, SEALED AND DELIVERED in the presence of ~~ WITNESS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) .. ie Administrative Officer- John deRosenroll ind the Corporation Name:G. Robert p on Title: General Manager, Enbridge Ontario Wind Power LP l/we have authority to bind the Corporation .. " " SCHEDULE "A" Lot 12" 14, Concession 8, Bruce Except Part 1, 3R5813, Part 1, 3R5811, Part 9, 10, 11, 3R802; Municipality of Kincardine in the County of Bruce : . , SCHEDULE"B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 4" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. . , , 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 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 plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site pian". 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) iandscaping 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 pennit 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 fonn of a Site Plan amendment to this agreement. LRO # 3 Notice Under 5.71 Of The Land Titles Act In preparation on 2007 09 26 yyyy mm dd at 14:07 This document has not been submitted and may be incomplete. Page 1 of1 I Properties PIN Description 33282 - 0035 L T LT 12-14 CON 8 BRUCE EXCEPT PT 1, 3R5813, PT 1, 3R5811, PT9, 10, 11, 3R802; KINCARDINE 00973 CONCESSION 8 KINCARDINE Address 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 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 by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Capacfty Share Name ELDERSLlE FARMS LTD, Acting as a company clo Canadian Agra (Holdings) Inc P. O. Box 1300 Wingham, ON NOG 2WO Address for SelVice I, J. B. Trantleman, have the authority to bind the corporation 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 N2Z 2X8 Address for SelVice 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 09 26 Tel 519-881-3230 Fax 5198813595 I File Number Applicant Client File Number .' 12270B ~ ., LRO # 3 Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. I Properties PIN Receipted as BR6738 on 2007 09 12 yyyy mm dd at 15:56 Page 1 of9 Description 33282 - 0035 LT LT 12-14 CON 8 BRUCE EXCEPT PT 1, 3R5813, PT 1, 3R5811,.PT9, 10, 11, 3R802; KINCARDINE 00973 CONCESSION 8 KINCARDINE Address 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 Se/Vice THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by, Larry Kraemer M Mayor and John deRosenroll - Chief Administrative Officer. I Party To(s) Capacity Share Name Address for Se/Vice ELDERSLlE FARMS LTD, clo Canadian Agra Holdings Inc. P.O. Box 1300 Wing ham, Ontario NOG 2WO I, J.B. Trentelman, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Name Address for SeIVice EN BRIDGE ONTARIO WIND POWER LP 795 Queen Street Kincardine, Ontario N2Z 2X8 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 09 06 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER,MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 200709 12 Tel 519-881-3230 Fax 5198813595 LRO # 2. Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. I FeesITaxeslPayment Receipted as BR6738 on 20070912 yyyy mm dd Statutory Registration Fee $60.00 Total Paid $60.00 at 15:56 Page 2 of9 I File Number Applicant Client File Number: 12270A '\ " , ., ,.. SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: l~+'" day of J\,.(,~,2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- ELDERSLlE FARMS LTD. -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called ''The Owner" OFTHE 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 iands 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 unlii such certificate of compliance has been issued, in the event that the prescribed lime 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" wili 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 deiiver the properiy executed documents in a form that can be registered, to the Municipality in order to compiete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; c) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps, Iii) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the '.', Page 4 Site Plan Agreement operation of the parking area, and which shall be available and maintained for the parking of motor 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, 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 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 totai 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 ~th day of 1'.,".\"->1 2007. The parties have hereunto set their hands and seals this \ 5th day of j"'1 2007. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WITNESS ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUN PAUTY KI ARDINE Mayor - '--- hief Administrative Officer- John deRosenroll I/We have authority to bind the Corporation EI ers'e Farm J. B. Tr t::l"t:,l man IfWe{J9ve authority to bind-the Corporation , '1 _0"' III J.B. TR...,.~. i_.__,,_.' ENBRIDGE ONTARIO WIND POWER LP Q ~~ Name:G. Robert pson Title: General Manager, Enbridge Ontario Wind Power LP I/We have authority to bind the Corporation '. ' "" SCHEDULE "A" Lot 12 - 14, Concession 8 Bruce Except Part 1, 3R5813, Part 1, 3R5811, Part 9, 10, 11, 3R802; Municipality of Kincardine in the County of Bruce .~ ~. ,.'. " SCHEDULE "8" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 4" as submitted by the Owner and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. I ~, , " , " 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 pian 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 generaiity 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 pennit 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