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HomeMy WebLinkAbout07 177 W R Foster/Enbridge Lt25 Con7 PtLt25 Con8 Bruce . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 177 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH WILLIAM ROBERT FOSTER AND ENBRIDGE ONTARIO WIND POWER LP (Lot 25, Concession 7 Bruce; pt Lot 25, 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 William Robert Foster and Enbridge Ontario Wind Power LP, for that property located at Lot 25, Concession 7 Bruce; Part Lot 25, Concession 8 Bruce As In R221152 Except R29729, SfT Debts in R221152; SfT R31057; 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 William Robert Foster and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Lot 25, Concession 7 Bruce; Part Lot 25, Concession 8 Bruce As In R221152 Except R29729, SfT Debts in R221152; SfT R31057; 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 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 'W.R. Foster (En bridge) (Ll25, Con 7, pt Ll25, Con 8 Bruce) Site Plan Agreement By-law." .../2 . . . . Page 2 Bruce) WR. Foster (Enbridge) (Lt 25, Con 7, pt Lt 25, Con a Bruce) Site Plan Agreement By-law By-law No. 2007 - 177 READ a FIRST and SECOND TIME this ath day of August, 2007 A_____ ~~ """'- Cle READ a THIRD TIME and FINALLY PASSED this ath day of August, 2007. ~.'Th.<..~ Clerk LRO#3 Notice Under S.7101 The Land Titles Act ReCGiptedasBR6742 On 20010912 yyyymmdd a116:16 f>agelot9 Tile "Ilplicant(s) llerebY<lppl;.,stotlle lam:l Rwisinlr, !propertles "N DescripHon 33280-0019LT LT 25 CON 1 BRUCE; PT LT 25 CON 8 BRUCE AS IN R221152 EXCEPT R29729, SIT DEBTS IN R221152; SlTR31D51; KINCARDINE KINCARDINE Address I Consideration Consideration $0.00 I App/icant(S) The nolice i" based on or affect" a valid and existinges!<lt<l,right, intereslo r equity in land N,~ Addres"forSentlce THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1415Concession5,RR.#5 Kincardine, Ontario N2Z2X6 Thi" document is not authorized unda< Pow,,", of NJmne~ b~ thls ?atW. Thi" document is beirog authorized by a municipel corporation by, Lany Kraemer - Mayor and John deRosenroll - Chief Administrative Officer. IpartyTO(S) Capacity Share Name Address for Service FOSTER,WILLlAMROBER7 R.R.#2 Paisie~, Ontario NOG2NO Thisdocumentisnolauthorized underPowerofAllomeybythisparty. N,~ ENBRIDGE ONTARIO WIND POWER LP 195 Queen Street Kincardine, Ontario N2Z2X8 Addres"'orSentlce I,G,RobertSimpson_GeneraIManager,havetheauthoritytobindthecorporation Thi"documenli"nolauthorjzed underPowerofAttomeybythlspar!y. !Statements This notice isloran indeterminate period Schadule:SeeSchedules I Signed By John MichaeiKeip 215 DurhamSlree~ Bo~880 Waikarton NOG2VO aotingfor Applioant(s) Signed 20010912 Tal 519-831_3230 Fa~ 5198813595 jsubmltted By WAECHTER, MAGWOOD 215 Durham Slreet, Bo~880 Walkerton NOG2VO 20010912 Tel 519--881-3230 Fax 5198813595 Re""lptedas BR6742 on 20070912 a116:16 ywymmdd Page2of9 LRO#3 NoliceUnderS.71Of The Land Titles Acl TIle appJicam(s) herabyapplies 10 Iha Land Ragislrar. IFeesITaxeslPayment StalutoryRegi$tralionFee $60.00 rotalPaid $60.00 I Fife Number AppfjOBnl Clienl File Number 12270A This AGREEMENT made this BETWEEN: , 1J:W; i$ ~1e ~t~ '" to By-Law Jti".,;n"..I71 passed the~ d' o! ~~ 2007, ~ "J SITE PLAN AGREEMENT .....~ _ _ ~_. Clai: ~ u. __ ~ day of ':J Uj... ~ ,2007. ':20-1-1'1 . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- WILLIAM ROBERT FOSTER -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 Ihe parties hereto agree that the lands affected by Ihis agreement are as set oul in Scheduie "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Seclion 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 Ihe 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 wilh 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 caHed the "subject lands". Wherever the term Owner is used in this agreement, it shaH apply jointly and severally to the parties comprising the Owner. 2. The Owner hereby reieases 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 regisler or deposit Ihis agreement in the Registry Office for the County of Bruce against the "subjecl 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 aclions, causes of action and losses and for any and all liability for damages to property and injury 10 persons (including dealh) 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 invalidale ail 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 enler the "subject lands" for the purpose of inspection of the works and Ihe "subject lands" or for any other purpose pursuant to Ihe 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 Ihe site plan as delailed 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, Ihe site development requirements as detailed in Schedule "C" attached hereto. 11. a) Upon complelion of the developmenl of the "subjecl 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 compietion of the works, matters and facilities required by Ihis agreement and shall not be deemed to certify compliance wilh any olher municipal requirements, regulalions, 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 compiete the development is done, and thaI until 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 Ihe Owner from time to time al lIs 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 Ihat In default thereof and in Ihe sole discretion of the Municipality, the Municipality may perform such requirements al Ihe expense of the Owner and such expense may be recovered by the Municlpaiity 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 ciear of ail encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newly required watercourses, ditches, land drainage works and sanlIary sewage faciliIles 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 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 Scheduie "A" attached hereto, free and clear of all encumbrances. PART C - DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Area" shail mean the only area upon which the erection and use of buildings and structures shall be permitted. "Landscaped Open Space" shail mean the areas of open space comprised of lawn and ornamental shrubs, flowers and trees and may include space occupied by palhs, walks, courts, patios but shall not include parking areas, traffic aisles, drtveways and ramps, i1) iiil "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 Ihe parking of molor vehicles which shall be clear of buildings and struclures except Ihose 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 aisies 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 Naturai Open Space may inciude areas of Landscaped Open Space. v) "Commercial Wind Generation System (CWGS)" shail mean one or more Wind Generating Syslems (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 8+h day of ~+ 2007. The parties have hereunto set their hands and seals this ~+h day of' ~2007. SIGNED, SEALED AND DELIVERED in the presence of ~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALI F INCARDINE Mayor rry Kraemer ~\, ~~~~^".Jf Ie Administrative Officer- John deRosenroll WI/e have authority to bind the Corporation ~dt~#~ William Robert Foster ENBRIDGE ONTARIO WIND POWERLP ~ ~~ Name:G. Robert Impson Titie: General Manager, Enbridge Ontario Wind Power LP l/we have authority to bind the Corporation SCHEDULE "A" Lot 25, Concession 7 Bruce; Part Lot 25, Concession 8 Bruce As In R221152 Except R29729, SIT Debls in R221152; SIT R31057; 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 slamped as the "approved sile 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 pursuanl 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 wllh the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subjecl lands" Ihat appropriate devices are instalied 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, acling reasonabiy. 4. The Owner agrees to install temporary fencing or otherwise adequately protect aU 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 Ihat any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry Ihe weight of Ihe Municipality's fire fighting equipment. 6. The Owner agrees to provide all landscaping as shown on the "approved site pian". All plantings shall be installed to the specifications and requiremenls 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) instaliation of driveways of proper width and grade from the street line to the property line with asphalt, concrete, gravel or other hard surfacing acceplable 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 penmitwithin twelve (12) months from the date of this agreement. Failure to obtain a building penmlt 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 10 provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to Ihls agreement. Magwood, VanDe V:-VU?re, Tbompson & Grore-McClement LLP BAF.FlSTEFS&SC'UCITOR.S ~150URHAMSTREET.BOX'"" WALKEll.TON,O!'ITAll.IU NOG2VO GE"M'C."W;W<JOD,8.A,lL' 'RL>\NJ.V^"DEV'f'IERE,",^"Ll,', C,H'''.'''"O"""","."',Ll" r"'''''"wGROvE...,Cr.l....'',.....Ll.. TELEPHONE (519)C81<l2~ E-MAlLwmI<@Omt;...,,'" '''''(0191"31:\5'15 August 2, 2007 Michelle Barr MumcipahtyofKincardine 1475 ConcessionJ,R.R.#5 Kincardine,Ontmio N2Z2X6 Dear Mrs. Barr: RE; Enbridl!e Ontario Wind Power Site Plan Agreements - Rel!istration Date July 30. 2007 Please find enclosed the electronic receipt for the 14 Enbridge Site Plan Agreements registered July 30, 2007, tugether with extra COpieS of the Agreement and By-laws, which we no longer require. The registration details of the Agreements enclosed are as follows. 1. BR5544 John Roppel 2. BR5545 - John Roppel 3. BR5546-JohnRoppe1 4. BR5~47-KennethRoppel 5. BR5548 Scott Reichard 6. BR5549 - Murray RJbey 7. BR5550-DeanRibeyand Cand$e Swindell-Ribey 8. BR5551 BenjaminLarivit:kandBarbaraFourrrier 9. BR5552- William Foster 10. BR5553 - William and LindaFoster 11. BRJ55fi MurrayIbbotson 12. BR5557 -Thomas McEvoy 13. BR555&-ThomasandBrendaLawri~ 14 BRJ5J9-StevenandJaniceBall ~~"TI;~.~ MAGWOOD, V AN DE V\'VERE, THOMPSON & GROVE MCCLEMENT 0b-;;-",c~ George C. Magwood GCM:sg Encls, plf("ct'onCooiedOlhar. CAO 0 0 Cla(, 0 0 Tree~ 0 0 clJt1;rW(ll1<l. 0 Cl "lanrmgJ!:><,',jir,g ~ 0 '(acr"~ 0 D ,,,-erg,,,,,,,,:-e,,><.esO a $(:ellner. )Di""~.""'''S 0 0 Touns";,,,-,,!}e;; 0 a ~ lUG O\~'[:_ 0 0 _. -"- -3l11111 , \ Agenda Council 0 Gol1t;<;nt 0 FileNo. c , , LRO#3 NotlceUnderS.71 Of The Land Tltles Act Th6appliGanl(s)herebyappli~srotheLamiRegis/rnr. Iproperties "N Recelpled as BR5552 on 20070730 yyyymmdd a116:14 P!>gelof9 Description 33280 D019LT LT25 CON 7 BRUCE: PT LT 25 CON 8 BRUCE AS IN R221152 EXCEPTR2~729. SIT DEBTS IN R221152:SfT R31057, KINCARDINE KINCARDINE Address I Consideration Gonsideratkm $0.00 I App/icant(s) Thenotl~e IS based onoraffects a valid and existing estate. right, inlereslorsqullyIn land N.~ AddressforSel'Vioe THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ThisdDcumentlsnolauthoriz~d under Power ofAltorney by this party. This documenlls bging authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, ChIef AdmlnJstratrlve Officer. !ParlyTO(S) Capacity Share N.~ FOSTER, WilLIAM ROBERT R.R.#2 Pa,sley,ON NOG1VO AddressforServloe Thisdocumenlisnota<.Jthorized underPowerofAtlomeybythlsparty. N.~ ENBRIDGE ONTARIO WIND POWER LP 795 Queen Slreet Kincardine, ON N2Z2X8 Address for Service I,G. Robert Simpson, General Manager, have the authority to bind the oor poration Thisdu~umenttsnotauthoriz..d underPowerofAttomeybythisparty. I Statements This notice isloran indetenninate period Sche<lule'SeeScI1e<1ules I Signed By George Charles Magwood 215DurhilmStreet,Box880 Walkerton NOG2VO actmgfor Appl,cant(s) Signed 20070730 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG2VO 20070730 Tel 519-881-3230 Fax 5198813595 IFeesITaxeslPayment SMlu/ol}'RegistralionFoo $80.00 Tota/Paid $00.00 , " Page20f 16;14 on 20070730 yyyymmdd Receipted as BR5552 LRO#3 Nolice Under S.71 Of The Land Titlss Aet Theapplicanl/s) hsreby applieslolhe LandReglslrar, - File Number - Applican/ClientFileNllmber 12270 LRO#3 Nolice UnderS.71 Of TtlaLandTillasAct ;3li'ssS.:{ ,.'T<-r."",< .2,,/,'f? In preparation o~ 2007072~ yyyymmdd at 16:35 This document has not been submittedandmayoo incompleta. Pagelof1 I Properties "N Description ,/ 33280-001y{T LT zs CON 7 BRUCE; PT LT 25 CON 8 BRUCE fJS IN R221152 EXCEPT R29729, SfT DEBTS IN R221152, SlTR31057, KINCARDINE KINCARDINE Address I Consideration Consideration $0.00 I Applicant(s) Thenoticeisba~onoraflectsavalidand""'lstlngestale,nght.lnte'6storequity in land No~ THE CORPORATION OF THE MUNICIPALITY OF KlNCARDINE Acting as a company Add,.,ssforService This document is not authoti::ed underPowerofAttorneybythiS;J<lrly. Th,s document is being authorize<:! by a municipal corporation by Larry Kraemer, Mayorand John deRosenroll, Chief Admlnistretrive Office,. IpariyTo(S) Capacity Share Nom. FOSTER, WILUAM ROBERT Ac~ng as an md,vJdual R.R.#2 Paisley, ON NOG2VO AddressforServiGf> Th,sdocumentisnotauthorized underPowerofAttorneybythisparly Name ENBRIDGE ONTARIO WIND POWER L? Acting as a company 795 Queen St.-eet Kincardine, ON N2Z2XI! AddressforServic~ I,G Rob~rtSJmpson.GeneraIManager,havell1".authOTitytobindthecorporabon Ttlisdocumenllsnotauthorized underPowerofAllomeybythisparly I Statements Thisnoticeisforanlndeterrninate;>eriod Schedule,SeeScl1edules I Fife Number Applroant ClientFiie Numbl>r' 12270 0' 'f 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 BR6742 on 20070912 yyyy mm dd at 16:16 Page10f9 Description 33280- 0019 LT LT 25 CON 7 BRUCE; PT LT 25 CON 8 BRUCE AS IN R221152 EXCEPT R29729, SfT DEBTS IN R221152; SfT R31057; KINCARDINE 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, 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 - Mayor and John deRosenroll" Chief Administrative Officer. I Party To(s) Capacity Share Name Address for Service FOSTER, WILLIAM ROBERT R.R. #2 Paisley, Ontario NOG 2NO This document is not authorized under Power of Attorney by this party. Name Address for Service ENBRJDGE 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 12 Tel 519-881~32.30 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 200709 12 Tel 519-881-3230 Fax 5198813595 " '. LRO# 3 Notice UnderS.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. I Fees/Taxes/Payment Receipted as BR6742 on 20070912 yyyy mm dd Statutory Registration Fee $60.00 Total Paid $60.00 I File Number Applicant Client Fife Number: at 16:16 Page 2 of 9 12270A " ,'. SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN: ~O+h ~ '-{ day of "L.\ L.. ,2007. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- WILLIAM ROBERT FOSTER -and- ENBRIDGE ONTARIO WIND POWER LP hereinafter collectively called "The Owner" OF THE SECOND PART WHEREAS the Owner represents thaI il is Ihe 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 Ihe Municipality has enacted a Sile Plan Control Area By-Law pursuant to the provisions of Section 41 of the Pianning 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 10 Ihe adjoining highways in the ownership of the Munlcipaiity. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration ot the approval of the plans for the deveiopment 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 Ihis agreement hereby agree thaI the Owner as herein stated is the registered owner of Ihose 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 conlractors from any and all liability in respect of Ihe proper maintenance and operation of the matters and facililies 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 againsl 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. Nolhing in this agreement shall relieve the Owner from complying with all applicable municipal requiremenls. 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 documenls binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", al its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site planl', 10. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as delailed in Schedule "C" attached herelo. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAD shall issue a certificate of compliance. b) "Certificate of compliance" shall mean a statement of the Municipality as 10 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, regulalions or by-laws which relate to the subject lands. 12. The Owner hereby acknowledges that failure to complete all required works within the specitied time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that unlil such certificate of compliance has been issued, in Ihe evenl 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 confonm 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 Ihe 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 direclion signs; b) to dedicate 10 Ihe Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any exisling 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 Ihe Municipality in respect to the aforementioned dedicallons; 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 ot 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 " i 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) "Nalural Open Space" shall mean Ihe areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall nol 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-iaws. 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), Ihal 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 ~-\h day of A:-,,:\~>-\; 2007. The parties have hereunto set their hands and seais this J.ot h day of ~2007. SIGNED, SEALED AND DELIVERED in Ihe presence of G~ WITNESS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MU IPALI CARDINE .~r - ry raemer J <\- > "-- ~~\<.<:~ ,^ Chief Administrative Officer- John deRosenroll l!We have authority to bind the Corporation ffLJkt~~~ ~ William Robe oster ENBRIDGE ONTARIO WIND POWER LP d~ Title: General Manager, Enbridge Ontario Wind Power LP l!We have authority to bind the Corporation , " .' SCHEDULE "A" Lot 25, Concession 7 Bruce; Part Lot 25, Concession 8 Bruce As In R221152 Except R29729, srr Debts in R221152; srr R31057; Municipality of Kincardine in the County of Bruce . , I. ,'~ ,. 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 Ihe 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 complelion 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 Ihe 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 Ihe site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in Ihis regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequalely protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not cioser to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonabiy. 5. The Owner agrees that any internal driveways, access roads which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees 10 provide all landscaping as shown on the "approved site plan". All plantlngs shall be installed to the specifications and requirements as indicaled 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 nol 10 be used wilh replacement by appropriate landscaping as detailed above. 8. The Owner agrees to oblain a building permit within twelve (12) months from Ihe 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 10 this agreement.