HomeMy WebLinkAbout07 184 Underwood Farms/Enbridge Lt19Con7 Site Plan Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2007 -184
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH UNDERWOOD FARMS (1981) LIMITED AND EN BRIDGE
ONTARIO WIND POWER LP
(Lot 19, Concession 7, 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 Underwood Farms (1981)
Limited and Enbridge Ontario Wind Power LP, for that property located at Lot 19,
Concession 7 Bruce Except Part 4, 3R1792; SfT R31707; Municipality of
Kincardine in the County of Bruce;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as foHows:
1. That the Municipality of Kincardine enter into a Site Plan Agreement with
Underwood Farms (1981) Limited and Enbridge Ontario Wind Power LP to
ensure appropriate development of those lands described as Lot 19,
Concession 7 Bruce Except Part 4, 3R1792; SfT R31707 Municipality of
Kincardine in the County of Bruce, and being more particuiarly described
in Schedule "A" of the attached Site Pian 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 weH 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 "Underwood Farms (En bridge) (Ll 19,
Con 7 Bruce) Site Plan Agreement By-law."
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Underwood Farms (Enbridge) (Lt 19, Con 7 Bruce)
Site Plan Agreement By-law
By-law No. 2007 - 184
READ a FIRST and SECOND TIME this 8th day of August, 2007
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Cle
READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2007.
~ 1>I..-~ail
Clerk
,
LRO#3 NotlceUnderS.71 Of The Land Titles Act
The applicanf(s) hereby applies to the Lal1d Registrar.
I Properties
P<N
Receipted as BR6582 on 20070906
yyyymmdd
8\15:59
Pagelof9
Description
Address
33282-00S6LT
LT 19 CON 7 BRUCE EXCEPTPT4,3R1792; SlTR31707; KINCARDINE
KINCARDINE
I Consideration
Consideration $0.00
IAPpI/Cant(s)
The ootice is based On oraffed$ a valid and existing estale, right, interestorequityinland
Name
Address for Service
Tl-IE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1475Conoossion5,R.R.#5
KirICardine,Ontario
N2Z2X6
Thlsdocumentisnotaulhorized underPowerofAttomeyby\hisparty.
This document ts being autl10rized by a municipal corporation by, Larry Kraemer- Mayor and John deRosenroll_ Chief Administrative
OffIcer.
I Party To(s)
Capacity
Share
Name
UNDERWOOD FARMS (1981) LIMITED
clo Canadian Agra Holdir>gs Inc.
P,O.Box1300
Wingham,Ontario
NOG2WO
AddrsssforService
I,J.B. Trenlelman, have the aulhority to bind the GOrpOration
ThisdocumenllsnolaulhoMzed under Power ofAtlomey bylhis jl<lrly.
Name
Address for Service
ENBRIDGE ONTARIO WIND POWER LP
795QueenSlreet
Kincardine,Ontario
N2Z2X8
I,G,RobertSimpson-General Manager, havethealllhorltyto bind the GOrporation
Thisdocumentlsnolaulhorized underPowerofAttomeybythrsparly.
I Statements
ThisnQ~ooisforanindelerminaleperlod
Schedule; See Schedules
I Signed By
Jonn Michael Kelp
215 Durham Streel, Box 880
Wall<erton
NOG2VO
acting for
Applicanl(s)
Signed 20070900
Tel 519-881-3230
Fa" 5198813595
I Submitted By
WAECHTER, MAGWOOD
215 Durham Streel, Box 880
Walkerton
NOG2VO
20070906
Tel 519_881_3230
Fax 5198813595
RecelptedasBR6582 on 20070906 at1S:59
yyyymmdd Page2of9
LRO#3 Notice Under S.71Of The Land TIUes Acl
7he applicant(s) herebyappiies to the LanrJRegistrar.
I FeesfTaxeslPayment
SlatuloryRegistrationFw $60_00
Tola/PairJ $60_00
I File Number
Applicanl CUent File Number 12270A
-
This AGREEMENT made this
BETWEEN:
This is Schedule" 11- " to By~Law
No :JM1-1E'fpassed the~ day
of u 20071.
SITE PLAN AGREEMENT ~'tlI.<.D..-.QP
Clerk ---0'
ay
day of J fA, ~_, 2007.
\%,-1-1-.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
UNDERWOOD FARMS (1981) LIMITED
-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 iands in the
Municipality of Kincardine, County of Bruce, described in Scheduie "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 "AII attached hereto;
AND WHEREAS the Municipaiity has enacted a Site Pian 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 approvai of the plans for the development on subject parcel of iand 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 Scheduie "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 appiy jointly and
severally to the parties comprising the Owner.
2. The Owner hereby releases the Municipaiity, its servants, agents and
contractors from any and all iiability in respect of the proper maintenance and
operation of the matters and facilities required by this agreement.
3. The Owner agrees to allow the Municipaiity 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 iike 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.
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, waiks, 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 lime 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 R1h . day of ~u.,-t
2007. The parties have hereunto settheir hands and seais this Is1.. day of
~2007.
SIGNED, SEALED AND DELIVERED
in the presence of
~
WITNESS
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THE CORPORATION OF THE
MU CIPAL OF INCARDINE
ay Larry Kraemer
~ '- A~~^"x1(
hief Administrative Officer-
John deRosenroll
bind the Corporation
INlle hl:}Y!3' authority to bind the Corporation
i
JB TOO"-' ""J
.. MH..,., , ,_.~. ",':;L,
,
ENBRIDGE ONTARIO WIND
POWE~
.~. RobertS pson ~
Title: General Manager, Enbridge
Ontario Wind Power LP
l/we have authority to bind the Corporation
SCHEDULE "A"
Lot 19, Concession 7 Bruce Except Part 4, 3R1792; 8fT R31707; 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 Buiiding Official or
Engineer in this regard, acting reasonably.
4. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of such
trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
5. The Owner agrees that any internal driveways, access roads which are
necessary for, and designated as, a fire route shall be so designed so as to
carry the weight of the Municipality's fire fighting equipment
6. The Owner agrees to provide all landscaping as shown on the "approved site
plan". All plantings shall be installed to the specifications and requirements as
indicated on the "approved site plan".
7. The Owner agrees to appropriately and properly finish all lands lying between
the "subject lands" and any and all abutting streets, which, without limiting the
generality of the foregoing shall include the following:
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
15:42
"
20070830
Jnpreparationon
Notice Under S.71Of The Land TJUes Acl
LRO#3
""
,
"'"
yyyYmmdd
Thlsdoc!Jmenthas not been submittedandmayba incomplale.
SJrR31707;KINCARDINE
33282_0085lT
lT19CON7 BRUCE EXCEPTPT4,3R1792:
KINCARDINE
Properlies
e<N
DeSC"pIiOll
Address
Consideration
$0.00
Consideration
Applfcant(s)
a valid and existing eSlate, righl. intereslol equily in land
THE CORPORATION OFTHE MUNICIPALITY OF KINCARDINE
ActirlQasacompany
1475Concassion5,R.R.~
Kincardine. Ontario
N2Z2X6
Tha notice is based on 01 affects
Nama
ArJrJressforSeTvice
Chief Administrative
Mayorand John deRosenroll
this party.
being aulhorized bya municipal corporation Larry Kraemer
AttOmeyby
Powerol
under
This docume.nt is not authorized
;,
This document
Officer.
Share
Capacity
LIMITED
UNDERWOOD FARMS (1981
Acting as a company
Party To(s)
N,~
c10 Canadian Agra Holdings Inc.
P.O.Box13OQ
Wingham,Onlarlo
NOGZWO
AddressforService
J.B.Trentelman, have the aulhorlty to bind the corporation
AttOmey by this party.
ENBRIDGE ONTARIO WIND POWER LP
Aotlng as a company
underPowerof
Thisdocumentisnotauthorized
N,~
795 Queen Slreet
KirlCardine, Ontario
N2Z2X8
AddressforService
have the authorily to bind the corporation
General Manager,
G.RobertSimpaon
PowerofAttomey by this party.
under
This document is not authorized
Statements
an Indeterminate period
This notice Isfo
Schadule:SeeScl'1eduies
20070830
Signed
aclingfor
Applicant(s)
215 Durham Street, Box 880
Walkerton
NOGZl/O
Signed By
John Michael Keip
519-881-3230
5198313595
;"
,,,
12270A
Fife Number
Applicanl Client Fiie Number
,.
lRO # 3 Notice Under S.71 Of The land Titles Act
Receipted as BR6582 on 20070906
yyyy mm dd
at 15:59
Page 1019
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
33282 - 0086 L T
Description
Address
LT 19 CON 7 BRUCE EXCEPT PT 4, 3R1792; srr R31707; KINCARDINE
KINCARDINE
\ Consideration
Consideration
$0.00
[APp/icant(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
UNDERWOOD FARMS (1981) LIMITED
clo Canadian Agra Holdings Inc.
P.O. Box 1300
Wingham, 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 Service
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
2007 09 06
Tel 519-881-3230
Fax 5198813595
LRO # 3 Notice Under 5.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I FeesITaxeslPayment
Statutory Registration Fee
Total Paid
I File Number
Applicant Client Fife Number:
Receipted as BR6582 on 2007 09 06
yyyy mm dd
$60.00
$60.00
at 15:59
Page 2 of9
12270A
,
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". .
SITE PLAN AGREEMENT
This AGREEMENT made this _18+ VI
BETWEEN:
day of J (A kt--, 2007.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
OF THE FIRST PART
-and-
UNDERWOOD FARMS (1981) LIMITED
-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, 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 1heir 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 soie 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 ciear of all encumbrances, all
Easements and lands required by the Municipality for the construction,
maintenance and improvement of any existing or newly required
watercourses, ditches, land drainage works and sanitary sewage
facilities on the land and, on request by the Municipality, to deliver the
properiy executed documents in a form that can be registered, to the
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 Municipai resolution, dedicate to the Municipality
widening of highways that abut on the land described in Schedule "A"
attached hereto, free and clear of all encumbrances.
PART C - DEFINITIONS
20. In this Agreement and the Schedules attached hereto:
I)
"Building Area" shall mean the only area upon which the erection and
use of buildings and structures shall be permitted.
iii)
"Landscaped Open Space" shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and may
include space occupied by paths, walks, courta, 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 collectiveiy
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
eiectrical energy.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest
by the hand of its Mayor and Chief Administrative Officer this ~4h 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
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WITNESS
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THE CORPORATION OF THE
MU IPALI F INCARDINE
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Mayor rry Kraemer
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Chie Administrative Officer-
John deRosenroll
bind the Corporation
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l!We bfl.Y~authority to bind tre Corporation
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ENBRIDGE ONTARIOWIND
POWER LP
Name:G. Robert n
Title: General Manager, Enbridge
Ontario Wind Power LP
(/We have authority to bind the Corporation
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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.
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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 soli from the site by wind or water, and the Owner
agrees to abide by any request of the Municipality's Chief Building Official or
Engineer in this regard, acting reasonably.
4. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of such
trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
5. The Owner agrees that any internal driveways, access roads which are
necessary for, and designated as, a fire route shall be so designed so as to
carry the weight of the Municipality's fire fighting equipment.
6. The Owner agrees to provide all landscaping as shown on the "approved site
plan". All plantings shall be installed to the specifications and requirements as
indicated on the "approved site plan".
7. The Owner agrees to appropriately and properly finish all lands lying between
the "subject lands" and any and all abutting streets, which, without limiting the
generality of the foregoing shall include the following:
i) landscaping of lands lying between the street line and property line not
to be used for vehicular or pedestrian entrances with topsoli 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 detalied above.
8. The Owner agrees to obtain a buliding permit within twelve (12) months from
the date of this agreement. Faliure to obtain a buliding 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 Councli in the form of a Site Plan amendment
to this agreement.
LRO # 3 Notice Under S.71 Of The Land Titles Act
In preparation on 2007 08 30
at 15:42
This document has not been submitted and may be incomplete.
I Properties
PIN
yyyy mm dd
Page 1 of 1
Description
Address
33282 - 0086 L T
LT 19 CON 7 BRUCE EXCEPT PT 4, 3R1792; SIT R31707; KINCARDINE
KINCARDINE
I Consideration
Consideration
$ 0.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Acting as a company
1475 Concession 5, R.R.#5
Kincardine, Ontario
N2Z 2X6
Address for Service
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Larry Kraemer - Mayor and John deRosenroll - Chief Administrative
Officer.
I Party To(s)
Capacity
Share
Name
UNDERWOOD FARMS (1981) LIMITED
Acting as a company
c/o Canadian Agra Holdings Inc.
P.O. Box 1300
Wingham, Ontario
NOG 2WO
Address for Service
I, J.B. Trentelman, 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, Ontario
N2Z 2X8
Address for Service
I, G. Robert Simpson - General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2007 08 30
Tel 519-881~3230
Fax 5198813595
I Fife Number
Applicant Client File Number:
12270A