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HomeMy WebLinkAbout07 368 Galaszkiewicz (Enbridge) (Pt Lt 5, Con 4, Bruce Site Plan Agreement . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE '"' BY-LAW NO. 2007 - 368 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH EDWARD GALASZKIEWICZ AND KRYSTYNA GALASZKIEWICZ AND EN BRIDGE ONTARIO WIND POWER LP (pt Lt 5, Con 4, 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 Edward Galaszkiewicz and Krystyna Galaszkiewicz and Enbridge Ontario Wind Power LP, for that property located at Part Lot 5, Concession 4, Bruce, As In R305066 Except R76497; 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 Edward Galaszkiewicz and Krystyna Galaszkiewicz and Enbridge Ontario Wind Power LP to ensure appropriate development of those lands described as Part Lot 5, Concession 4, Bruce, As In R305066 Except R76497; 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 Edward Galaszkiewicz and Krystyna Galaszkiewicz 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 "Galaszkiewicz (Enbridge) (pt Lt 5, Con 4, Bruce) Site Plan Agreement By-law." .../2 . Page 2 Galaszkiewicz (Enbridge) (pt Lt 5, Con 4, Bruce) Site Plan Agreement By-law By-law No. 2007 - 368 READ a FIRST and SECOND TIME this 12th day of December, 2007 ~~ Cle READ a THIRD TIME and FINALLY PASSED this 12'h day of December, 2007. ~ Ek.a '1Y<u.-~ Clerk Mayor . . . SITE PLAN AGREEMENT Thisj~ Schedule *" to By-Law ="T- ,~ No. 21.9'?: passed the~ day of 20~ g~ Clerk . , THIS AGREEMENT made this }'" day of November, 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Municipality") OF THE FIRST PART -and- EDWARD GALASZKIEWICZ and KRYSTYNA GALASZKIEWICZ (hereinafter called the "Owner") OF THE SECOND PART -and- ENBRIDGE ONTARIO WIND POWER LP (hereinafter called "Enbridge) 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; 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 Enbridge, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on the "Easement Lands" by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner and Enbridge 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" , and, that Enbridge is the holder of an easement that is registered or is pending registration, affecting a portion of the subject lands, hereinafter called the "easement lands", 2. Enbridge and the Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper mai~:'2tnce and operation of the matters and facilities required by .emen> . ~ . cJ!..1. di( " Page 2 Site Plan Agreement 3. Enbridge 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 the subject lands. 4. Enbridge 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 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 severabie 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 Enbridge and the Owner from complying with all applicable municipal requirements. 7. Enbridge and the Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "Easement Lands" for the purpose of inspection of the works, 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 Enbridge and the Owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. Enbridge agrees to undertake development of the easement lands on the subject lands, at its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. Enbridge agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Scheduie "C" attached hereto. 11. a) Upon completion of the deveiopment of the easement lands on 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 faciiities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by- iaws, and the Municipality shall not be stopped from pursuing any or all its rights to enforce the continuing obligations of Enbridge and the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the easement lands and the subject iands. 12. Enbridge 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 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 necessas~ a carry out any additional work on the subject iands and the easement iand~_ ~'lJli ci j( Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by Enbridge from time to time at its sole risk and expense and Enbridge agrees the subject lands and the easement lands will not impede or prohibit performance of the maintenance provided for in this agreement. 14. Enbridge 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. Enbridge 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 Enbridge and such expense may be recovered by the Municipality from the security deposit posted by Enbridge for this project. 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 inciude 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. 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 Municipaiity 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 ryJGS) 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 ~~:~~~i;~; Id tur~~rve~s wind energy to electrical Page 4 Site Plan Agreement IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this i;:).-J+1 day of ~G. 2007. The parties have hereunto set their hands and seais this I~+n day of tfC-," 2007. SIGNED, SEALED AND DELIVERED in the presence of ~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) Party of the First Part: THE CORPORATION OF THE MUNI PALlTY OF CARDINE ~ Mayor rry Kraemer /C7 7- ~ ~ 0 "---- 2.-; _0'> AA . ,;(f Administrative Officer- John deRosenroll l/We have authority to bind the Corporation PARTY OF THE SECOND PART: ) ) ) ) ) ) ) ) Ed ard G laszkiewicz K ~~ ci.J ~',- . KrystYna laszkiewicz Party of the Third Part: ) ) ) ) ) ) ) ENBRIDGE ONTARIO WIND POWER LP ----if ~/ ~ Name:G. Robert Simpson Title: General Manager, Enbridge Ontario Wind Power LP I have authority to bind the Corporation. SCHEDULE "A" (Subject Lands) Part Lot 5, Concession 4, Bruce As In R305066 Except R76497; Municipality of Kincardine in the County of Bruce. ASinPLN33287-0111(LT~1, ~ q;( SCHEDULE"B" The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 1" as submitted by Enbridge and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by Enbridge with any changes marked in red and initialed by the Chief Administrative Officer and Enbridge. This "approved site plan" shall be filed with the Municipality's Chief Administrative Office~. ~ ~.i' ;fer( . SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. Enbridge agrees that the completion date for all work required pursuant to this agreement shall be December 31 , 2009. 2. Enbridge 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. Enbridge agrees to ensure during development of the subject lands and the easement lands that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and Enbridge agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. Enbridge agrees to instail 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 Enbridge agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. Enbridge agrees that any internal driveways, access roads that 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. Enbridge agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be instailed to the specifications and requirements as indicated on the "approved site plan". 7. Enbridge agrees to appropriately and properly finish ail lands lying between the subject lands and the easement 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 sodlseed. i1) 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's Engineer. iil) removal of existing driveways, which are not to be used with replacement by appropriate landscaping as detailed above. 8. Enbridge 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 Municipaiity's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Piease note that ail major variations must be~a roved by Council in the form of a Site Plan amendment to this agreement. - -/! ';. ~ ~C[ Magwood, Van De Vywre, Thompson & Grow-McClement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTON, ONTARIO NOG 2VO GEORGE C. MAGWOOD, B.A., LL.B. BRIAN J. VAN DE VWERE, B.A., LL..B. C. HEDLEY THOMPSON, B.A., LL.M. TAMMY W. GRQVE-McCLEMENT, B.A., LL.B TELEPHONE (519) 881-3230 E-MAIL wmvt@bmts.com FAX (519) 881.3595 Re: Edward and Enbrid!!e Site Plan A!!reement J . ,2008 Council 0 FileNo, Consent 0 Di~on ~ Other: CAO 0 0 Clerk 0 0 Treasury 0 0 Public Works 0 0 Planning/Building ~ 0 Recreation 0 0 Emergency Services 0 I:J Scann.r. Poke SeMces I:J I:J REcevEo 'JAN TIlIIIiIIJII&. Dev. e e 9 2DD8 Ollrer: I:J e Municipality of Kincardine Municipal Administration Centre 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Attention: Michele Barr Building & Planning Manager Dear Madam: Further to your letter dated December 18, 2007 please find enclosed duplicate electronic receipt of registration BR9997 registered on January 3rd, 2008. This document registers the Site Plan Agreement between Edward and Krystyna Galaszkiewicz, The Municipality of Kincardine and Enbridge against the lands described in the receipt. Yours truly, MAGWOOD, VAN DE VYVERE, THOMPSON & GROVE-McCLEMENT ~~~ GCM:cm Enclosure George C. Magwood LRO # 3 Notice unaer ::>.11 UT I ne Lana lilies ACl ! "'! necelplea as Dn:;ll:;ll:;ll/ VII ~vvo U I U..J ell lv.~-...J LRO # 3 Nollce Under S.71 Of The Land Titles Act Receipted as BR9997 on 200801 03 yyyy mm dd at 13:25 Page 1 of 9 The applicant(s) hereby applies to the Land Registrar. I Properties PIN 33287 - 0111 LT PT L T 5 CON 4 BRUCE AS IN R305066 EXCEPT R76497; KINCARDINE; SfT EASEM ENT IN GROSS OVER PARTS 5, 6, 7 3R8529 AS IN BR9251. 00035 CONCESSION 4 KINCARDINE Description Address I Consideration Consideration $ 1.00 I Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5, R. R #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Party To(s) Share Name Address for Service Capacity GALASZKIEWICZ, EDWARD R. R. #2 Tiverton, ON NOG 2TO This document is not authorized under Power of Attorney by this party. Name Address for Service GALASZKIEWICZ, KRYSTYNA R. R.#2 Tiverton, ON NOG 2TO This document Is not authorized under Power of Attorney by this party. Name Address for Service ENBRIDGE ONTARIO WIND POWER LP 795 Queen Street Kincardine, ON N2Z 2X8 I, G. Robert Simpson, General Manager, have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements Schedule: See Schedules This notice is for an indeterminate period I "'!___~ ...... LHUff;j l\Iotlce unuer ~.I I VI I nf:' L.i:lIIU IIUI:l:t ""\0' nf:'\Ol::lfJll::U i:I~ on:1:1:11 UII ~uuo VI UV LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR9997 on 2008 01 03 yyyy mm dd The applicant!s) hereby applies to the Land Registrar. I Fees/raxes/Payment Statutof}' Registration Fee $60.00 Total Paid $60.00 I File Number Appticant Client File Number: 122708 UI Iv,LoJ at 13:25 Page 2 of 9 _a__ _. _... _ ____.._.._ ~, ~~ . :!2-- , SITE PLAN AGREEMENT THIS AGREEMENT made this 20 day of November, 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Municipality") OF THE FIRST PART -and- EDWARD GALASZKIEWICZ and KRYSTYNA GALASZKIEWICZ (hereinafter called the "Owner") OF THE SECOND PART -and- ENBRIDGE ONTARIO WIND POWER LP (hereinafter called "Enbridge) 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; 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 Enbridge, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on the "Easement Lands" by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner and Enbridge and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS 1 Tho n"rtioc: tn thi" "nrAAm4=mt hArebv aaree that the Owner as herein stated is Site Plan Agreement Page 2 Site Plan Agreement ,~ 3. Enbridge 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 the subject lands. 4. Enbridge 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 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 Enbridge and the Owner from complying with all applicable municipal requirements. 7. Enbridge and the Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "Easement Lands" for the purpose of inspection of the works, 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 Enbridge and the Owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. Enbridge agrees to undertake development of the easement lands on the subject lands, at its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 10. Enbridge 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 on 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 Enbridge and the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the easement lands and the subject lannC! ~ Page 3 Site Plan Agreement 13. All maintenance and repair of facilities and matters required by this agreement shall be done by Enbridge from time to time at its sole risk and expense and Enbridge agrees the subject lands and the easement lands will not impede or prohibit performance of the maintenance provided for in this agreement. 14. Enbridge 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. Enbridge 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 Enbridge and such expense may be recovered by the Municipality from the security deposit posted by Enbridge for this project. 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. 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 H....... fnr th.. M, ,"i.-in",Ii'" ",nri ..h",1I h", k",nt r.I"'::Ir nf ::III WAAn.. ::Inn 5ite Plan Agreement Page 4 Site Plan Agreement 6> IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attest by the hand of its Mayor and Chief Administrative Officer this o++> day of l"'f'C. 2007. The parties have hereunto set their hands and seals this I~+h day of .Dee. 2007. SIGNED, SEALED AND DELIVERED in the presence of ~ WITNESS ) ) ) ) ) ) ) ) ) ) ) ) ) ) Party of the First Part: THE CORPORATION OF THE. MUNIC PALlTY OF KI ARDJNE , - .---. r Kraemer II ! - _ '\~1. ~"S2-r~Kl Chief Administrative Officer- John deRosenroll I!W e have authority to bind the Corporation ) ) ) ) ) ) ) ) Edwar 0)(. 29~'v-, '~. Krystyna alaszkiewicz Party of the Third Part: ) ) ) ) ) ) ) ENBRIDGE ONTARIO WIND POWER LP ~~ Title: General Manager, Enbridge Ontario Wind Power LP I have authority to bind the Corporation. SCHEDULE "A" (Subject Lands) Part Lot 5, Concession 4, Bruce As In R305066 Except R76497; Municipality of Kincardine in the County of Bruce. SIT easement in gross over parts 5, 6, 7 3R8529 as in BR9251. ) .6. ~ ~ 11(1 As in P.I.N. 33287-0111 (LTj f< K '7 '~ cJ..... Ik ? . . , SCHEDULE "B" 5 The "approved site plan" shall be all the documents contained in the Binder marked "Circuit 1" as submitted by Enbridge and stamped as the "approved site plan", signed by the Municipality's Chief Administrative Officer and signed by Enbridge with any changes marked in red and initialed by the Chief Administrative Officer and Enbridge. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. J<, ~ \~1 , 1 SCHEDULE "C" SITE DEVELOPMENT REQUIREMENTS 1. Enbridge agrees that the completion date for all work required pursuant to this agreement shall be December 31 , 2009. 2. Enbridge 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. Enbridge agrees to ensure during development of the subject lands and the easement lands that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and Enbridge agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. Enbridge 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 Enbridge agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. Enbridge agrees that any internal driveways, access roads that 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. Enbridge 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. Enbridge agrees to appropriately and properly finish all lands lying between the subject lands and the easement 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's Engineer. iii) removal of existing driveways, which are not to be used with replacement by appropriate landscaping as detailed above. 8. Enbridge agrees to obtain a building permit within twelve (12) months from the date of this agreement. Failure to obtain a building permit within the nro".,..r;hon tirno norinn ...h::01J mA::on thi~ l'InrAAmAnt is null and void.