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HomeMy WebLinkAbout07 348 Cruickshank (Pt Lt 52 Con C) Site Plan Agreement . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 348 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 861379 ONTARIO LIMITED AND CRUICKSHANK WIND FARMS LTD. (Part Lot 52, 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 861379 Ontario Limited and Cruickshank Wind Farms Ud., for that property located at Part Lot 52, Concession 'C', Bruce As in R361919, except pt 2, 3R7887; 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 861379 Ontario Limited and Cruickshank Wind Farms Ud. to ensure appropriate development of those lands described as Part Lot 52, Concession 'C', Bruce As in R361919, except pt 2 3R7887; 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, 861379 Ontario Limited and Cruickshank Wind Farms Ud. 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 "Cruickshank (pt U 52, Con 'C', Bruce) Site Plan Agreement By-law." .../2 . . . . Page 2 Cruickshank (pt U52, Con 'C', Bruce) Site Plan Agreement By-law By-law No. 2007 - 348 READ a FIRST and SECOND TIME this 141h day of November, 2007 ~~~ Clerk~ READ a THIRD TIME and FINALLY PASSED this 141h day of November, 2007. ~ ~~,&, Clerk ayor Magwood. Van De Vywre, Thompson & Grow-McClement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTON, ONTARIO NOG2VO Emergency Services 0 Police Services 0 TourismlEc.Dev. 0 Other: 0 Cruickshank Wind Farm C . Pt. Lot 52. Concession 'c'. Pt. Lot 53. 54. Concession 'c' GEORGE C. MAGWOOD, B.A., LL.B. BRIAN J. VAN DE VYVERE, B.A., LL.B. C. HEDLEY THOMPSON, B.A., LL.M. TAMMYW. GROVE.McCLEMENT, B.A., LL,S Agenda er 20, 2007 I ! CAO 1 i I Clerk T;aasury I Public Wo;ks I PianninglBuilding Recreation Nove The Municipality of Kincardine 1475 Concession 5, RR #5 Kincardine, Ontario N2Z 2X6 Attention: Michelle Barr, M.A.A.T.O. Building and Planning Manager Dear Ms. Barr: RE: Council 0 FHeNo, Consent 0 Di~g:~n CC!.Ried Other: 0 0 0 0 0 0 o ~ o TELEPHONE (519) 881~3230 E.MAIL wmvt@bm~.com FAX (519) 881-3595 fc:)\d- -eyU~C Wmd- L-to . -- ~--_~__~"""'''__~_~''''h ---_.~..~"....".._.".,.,~.>o o o o o o o o Scanner: RECEIVED NOV 2 J 2007 Further to your letter dated November 15, 2007, and our telephone confirmation on November 16, 2007, I would like to confirm that the two Cruickshank Wind Turbine Site Plan Agreements have now been registered. Please find enclosed the following documentation. 1. Electronic receipt of registration BR8709 registered November 16,2007, for Part Lot 53-54, Concession C - Lands owned by John and Nancy Cruickshank. 2. Electronic registration BR8708 registered on November 16, 2007 - Part Lot 52, Concession C- Lands owned by 861379 Ontario Limited. I am also returning extra copies of the Site Plan Agreement which are not required for our files. Please contact me if you have any questions. Yours truly, MAGWOOD, V AN DE VYVERE, THOMPSON & GROVE-MCCLE~ y---7'- "- /~ George C. Magwood GCM:sg Encls. ~ ~ George Magwood Mogwood, Van De Vyvere, Thompson & Grove-McClement llP Barristers & Solicitors 215 Durham street Walkerton, ON NOG 2VO November 15, 2007 File: 012 Dear Mr. Magwood: RE: Cruickshank Wind Farm ltd. Pt lot 52, Concession 'C', Pt lot 53, 54, Concession 'C' Please find enclosed the following documentation: 1) 2 original copies of the Site Plan Agreements passed by By-law No. 2007-348 and By-law No. 349 at Council November 14, 2007 with regard to the Commercial Wind Generation System. 2) 2 Title Search Registration details for the Agreements. Please proceed with registration of the Agreement and return the registration details upon completion. Thank you in advance for your attention to this matter. If you haye any questions, please do not hesitate to contact me. Yours sincerely, ~ ('.I Miche e Barr, MAA.T.O. )1/v Building and Planning Manager MB/ed Encl. . "f ,,, LRO # 3 Notice Under S.71 Of The Land Titles Act Receipted as BR8708 on 200711 16 yyyy mm dd at 09:42 The applicant{s) hereby applies to the Land Registrar. Page 1 of 2 I Properties PIN Description Address 33293 - 0358 L T PT L T 52 CON C KINCARDINE AS IN R361919 EXCEPT PT 2, 3R7887; KINCARDINE TIVERTON I Consideration Consideration $1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, inte;est or equity in land Name Address for SelVice 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 Office;. I Party To(s) Capacity Share Name Address for SelVice 861379 ONTARIO LIMITED 50 Crai9 Drive Kincardine, ON N2Z 2X6 I, John Kevin Cruickshank, have the autho;lty to bind the corporation This document is not authorized under Power of Attorney by this party. Name Address for SelVice CRUICKSHANK WIND FARM L TO. 50 Craig Drive Kinca;dine, ON N2Z 2X6 I, John Kevin Cruickshank, President, have the authority to bind the corpomtion 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 Du;ham Street, Box 880 Walkerton NOG 2VO acting for Applicant(s) Signed 200711 15 Tel 519-881-3230 Fax 5198813595 I Submitted By WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 20071116 Tel 519-881-3230 Fax 5198813595 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 , LRO # 3 Notice Under S.71 Of The Land Titles Act The applicant!s) hereby applies to the Land Registrar. I File Number Applicant Client File Number; 12270C ~ , , Receipted as BR8708 on 20071116 yyyy mm dd at 09:42 Page 2 of 2 , This AGREEMENT made this BETWEEN: ayo 14th day of .1!nvcrnh-{"v , 2007. This is Schedule" 4.. " to lh._Law' cXQ-'t-- ~3' No. -'9-19: passed theJL/i~y of O~ ~~ --J I-#'! . . ~ . SITE PLAN AGREEMENT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" OF THE FIRST PART -and- 861379 Ontario Limited (hereinafter referred to as the "Owner") OF THE SECOND PART -and- Cruickshank Wind Farm Ltd. (hereinafter referred to as "Cruickshank") OF THE THIRD PART WHEREAS the Owner represents that they are 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 (the "Lands"); 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, that applies to the Lands; AND WHEREAS the covenants, agreements, conditions and understandings herein contained on the part of the Owner and Cruickshank, shall run with the Lands 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 the Lands by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner and Cruickshank and for all successors in title, HEREBY AGREE 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 the Lands and, that Cruickshank is the holder of an easement that is registered or is pending registration, affecting a portion of the Lands (hereinafter called the "Easement Lands"). 2. Cruickshank and the Owner hereby release 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. Cruickshank and the Owner agree 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 title to the Lands. . " Page 2 Site Plan Agreement 4. Cruickshank and the Owner agree 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 its own negligence or willful misconduct, as a result of or arising out of the matters dealt with in this Agreement or in relation to any breach of the terms of this Agreement. 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 Cruickshank and the Owner from complying with all applicable municipal requirements. 7. Cruickshank and the Owner hereby grant to the Municipality, its servants, agents and contractors a license to enter the Lands and the Easement Lands for the purpose of inspection of the works and the 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 this site plan agreement with Cruickshank and the Owner, all subsequent documents binding the Municipality must be executed by the Mayor & CAO. PART B . SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. Cruickshank agrees to undertake development of the Easement 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. Cruickshank 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 Easement Lands in conformity with the provisions of this agreement to the satisfaction of the Municipality, 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 Cruickshank and the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the Lands. 12. Cruickshank 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 the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the Lands and the Easement Lands 13. All maintenance and repair of facilities and matters required by this agreement shall be done by Cruickshank from time to time at its sole risk and expense and Cruickshank agrees the Lands and the Easement Lands will not impede or prohibit performance of the maintenance provided for in this agreement. ... , ~ . Page 3 Site Plan Agreement 14. Cruickshank agrees to maintain in good repair and at its sole expense the 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. Cruickshank and the Owner agree that all facilities and matters required by this Agreement shall be provided and maintained at Cruickshank's 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 enter onto the Lands and perform such requirements at the expense of and Cruickshank 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. Cruickshank 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) Cruickshank and the Owner agree 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 Lands 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 Cruickshank agree to pay all costs incurred by the Municipality in respect to the aforementioned dedications, and; c) to, where required by Municipal resolution, dedicate to the Municipality any lands required by the Municipality for the widening of highways that abut on the Lands 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 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. . " .. Page 4 Site Plan Agreement 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. v) An 'electrical substation' shall be defined as lands, buildings and/or structures or parts thereof containing a subsidiary station of an electricity generation, transmission and distribution system where voltage is transformed from high to low or the reverse using transformers. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested to by the hand of its Mayor and Chief Administrative Officer this ~ day of New 2007. The parties have hereunto set their hands and seals this _1l--\+1J day of N(){(ml.'1et~2007. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Party of the First Part: THE CORPORATION OF THE MUNIC L1TY IN DINE ~ . Mayor - ry Kr emer / ;J ~(L '--'>-:e-2 ~..dl{I Chief Administrative Officer- John deRosenroll I/We have authority to bind the Corporation 86 9 Ontario Limited Name: John Kevin Cruickshank I have authority to bind the Corporation Party of the Third Part: ~a e:John Kevin Cruicksha T e: President, Cruickshank Wind Farm Ltd. I have authority to bind the Corporation ,j. ,) J SCHEDULE "A" - the Lands Part Lot 52, Concession 'C'; as in R361919, except Pt. 2, 3R7887, Municipality of Kincardine in the County of Bruce. ... " .. SCHEDULE "B" The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan", signed by the Municipality Chief Administrative Officer and signed by Cruickshank 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 Chief Administrative Officer. -' . , v SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. Cruickshank agrees that the completion date for all work required pursuant to this agreement shall be December 31, 2009. 2. Cruickshank 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. Cruickshank agrees to ensure during development of the "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 Chief Building Official or Engineer in this regard, acting reasonably. 4. Cruickshank 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 Cruickshank agrees to abide by the requirements of the Municipality 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 fire fighting equipment. 6. Sediment shall not be allowed to reach the watercourse or the lands zoned Environmental Protection, located to the north of the Turbine sites. 7. Sediment control measures shall be installed and maintained in the swales along the access road to prevent sediment moving from the work area and shall be left in place until the site has stabilized. All sediment control devices are to be inspected on a regular basis and shall be routinely maintained to ensure they remain effective. 8. All excavated soil, other than that necessary to attain final grades around the turbine site and access roads, shall be disposed of properly and not deposited in or near any watercourses, wetlands or woodlots. 9. Cruickshank 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". 1 O. Cruickshank agrees to appropriately and properly finish all lands lying between the 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 or other hard surfacing acceptable to the Municipality Engineer and any other authority having jurisdiction. Iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. ; '\,. ~ .,". ti 11. Cruickshank 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. 12. The Municipality 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.