HomeMy WebLinkAbout08 042 Oppersdorff (Enbridge) (E1/2 Lt 2 & Lt3 Con 5) Site Plan Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 042
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN
AGREEMENT WITH HANS OPPERSDORFF AND ENBRIDGE ONTARIO
WIND POWER LP
(E % Lt 2 & Lt 3, Con 5, 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 Hans Oppersdorff and
Enbridge Ontario Wind Power LP, for that property located at E % Lot 2,
Concession 5, Bruce except Part 1, 3R 1868; Lot 3, Concession 5, Bruce,
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
Hans Oppersdorff and Enbridge Ontario Wind Power LP to ensure
appropriate development of those lands described as E Yo Lot 2,
Concession 5, Bruce except Part 1, 3R1868; Lot 3, Concession 5, Bruce,
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 Hans
Oppersdorff 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 "Oppersdorff (Enbridge) (E Yo Lt 2 & Lt 3,
Con 5, Bruce) Site Plan Agreement By-law."
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Oppersdorff (Enbridge) (E % Lt 2 & Lt 3, Con 5, Bruce)
Site Plan Agreement By-law
By-law No. 2008 - 042
READ a FIRST and SECOND TIME this 19th day of March, 2008
~.'Th...t..9"'-'&1~
Clerk'~
THIRD TIME and FINALLY PASSED this 19th day of March, 2008.
~i~
Cler
SITE PLAN AGREEMENT
This is Schedule '~2i .. to By-Law
~ - rrll
No.""'::! passed the ~ day
200~
.
..\
'3
THIS AGREEMENT made this 15th day of February 2008.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality" )
OF THE FIRST PART
-and-
HANS OPPERSDORFF
(hereinafter referred to as the "Owner")
OF THE SECOND PART
-and-
ENBRIDGE ONTARIO WIND POWER LP
(hereinafter referred to as "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 (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 Enbridge, 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 Enbridge 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 Enbridge 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. Enbridge 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. 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 title to the Lands.
Oppersdorff-07
Page 2
Site Plan Agreement
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 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 Enbridge and the Owner from complying with
all applicable municipal requirements.
7. Enbridge 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
Enbridge and the Owner, all subsequent documents binding the Municipality must be
executed by the Mayor & CAO.
PART 8 - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
9. Enbridge 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".
1 O. 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 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 estopped 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 Lands.
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 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 Enbridge from time to time at its sole risk and expense and Enbridge agrees
the 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 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
Oppcrsdorff-07
Page 3
Site Plan Agreement
agreement, and all repair or maintenance shall conform with the requirements of this
agreement as it applied to the original development.
15. Enbridge and the Owner agree that all facilities and matters required by this
Agreement shall be provided and maintained at Enbridge'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 Enbridge 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. Enbridge agrees to do the following:
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.
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
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.
Oppersdorff-07
Page 4
Site Plan Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested to by
the hand of its Mayor and Chief Administrative Officer this fL*day of HQrck"\ 2008.
The parties have hereunto set their hands and seals this t:Ltl-{'Jay of Mn.--c h 2008.
SIGNED, SEALED AND DELIVERED
in the presence of
c: Gilt) v. Zfh./.5)Or.../
Witness
Oppersdorff-07
)
)
)
)
Party of the First Part:
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~ '- _ ~ :~O--k(' IV'.)}
e( Administrative Officer-
John deRosenroll
I/We have authority to bind the Corporation
Party of the Second Part:
~
Hans pper orff
Party of the Third Part:
)
)
)
)
)
)
)
ENBRIDGE ONTARIO WIND POWER LP
~~
Name:G. Rob impson
Title: General Manager
I have authority to bind the Corporation, which in turn
has authority to bind the Limited Partnership.
SCHEDULE "A"
-the Lands-
E1/2 LT 2 CON 5 BRUCE EXCEPT PT 1, 3R1868; LT 3 CON 5 BRUCE; KINCARDINE,
BRUCE COUNTY
AS PIN 33283-0076 (L T)
Oppersdorff..07
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 Officer.
Oppersdorff~07
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 Lands that appropriate devices
are installed and measures taken to prevent unreasonable erosion of soil from the site
by wind or water, and the Owner agrees to abide by any request of the Municipality's
Chief Building Official or Engineer in this regard, acting reasonably.
4. 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 Enbrdige 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. 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 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 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.
Oppersdorff~07
..
LRO # 3 Notice Under $.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I Properties
PIN
Receipted as BR12826 on 20080403
yyyy mm dd
a1 09:31
Page 1 of 9
Description
33283 - 0076 L T
E1/2 LT2 CON 5 BRUCE EXCEPT PT 1, 3R1868; LT 3 CON 5 BRUCE; srr EASEM ENT
IN GROSS OVER PTS 1,2, 3 & 4 3R8547; KINCARDINE
TJVERTON
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 TOWN OF KINCARDINE
1475 Concession 5
R. R. #5, Kincardine, ON N2Z 2X6
This document is n01 authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chiel Administrative
Officer.
I Party To(s)
Capacity
Share
Name
Address for Service
OPPERSDORFF, HANS
cia Telman Behrens
99 Gloucester Terrace
Goderich, ON N7A 1W9
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
ENBRIDGE ONTARIO WIND POWER LP
795 Queen Street
Kincardine, ON N2Z 2X8
I, G. Robert Simpson, General Manager, have the authority to bind the corporation
This document is not authorized under Power of Attorney by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
John Michael Keip
215 Durham Street, Box 880
Walkerton
NOG 2VO
acting for
Applicant(s)
Signed 2008 04 02
Tel 5198813230
Fax 5198813595
I Submitted By
MAGWOOD, VAN DE VYVERE , THOMPSON &
GROVE-MCCLEMENT LLP
215 Durham Street, Box 880
Walkerton
NOG 2VO
2008 04 03
Tel 5198813230
Fax 5198813595
I FeesffaxeslPayment
Statutory Registration Fee
$60.00
Total Paid
$60.00
LRO # 3 Notice Under 8.71 Of The Land Titles Act
The applicant(s) hereby applies to the Land Registrar.
I File Number
Receipted as BR12826 on 2008 04 03
yyyy mm dd
Applicant Client Fife Number:
12874
at 09:31
Page 2 of 9
SITE PLAN AGREEMENT
THIS AGREEMENT made this 15th day of February 2008.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality" )
OF THE FIRST PART
-and-
HANS OPPERSDORFF
(hereinafter referred to as the "Owner")
OF THE SECOND PART
-and-
ENBRIDGE ONTARIO WIND POWER LP
(hereinafter referred to as "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 (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 Enbridge, shall run with the Lands and shali 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 Enbridge 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 Enbridge 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. Enbridge 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. 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 title to the Lands.
Oppersdorff-07
Page 2
Site Plan Agreement
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 ali 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
invaiidation of anyone or more of the clauses does not invalidate ali or any of the
remaining clauses.
6. Nothing in this agreement shali relieve Enbridge and the Owner from compiying with
ali applicable municipal requirements.
7. Enbridge 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 Municipaiity of Kincardine has entered into this site plan agreement with
Enbridge and the Owner, all subsequent documents binding the Municipality must be
executed by the Mayor & CAO.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
g. Enbridge 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 shali hereinafter be referred to as the "Approved Site Plan".
10. Enbridge agrees to provide, instali 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 shali issue a Certificate of Compliance.
b) "Certificate of Compliance" shali mean a statement of the Municipality as
to the substantiai completion of the works, matters and facilities required by this
agreement and shali not be deemed to certify compliance with any other
municipal requirements, regulations, or by-laws, and the Municipality shali not
be estopped from pursuing any or ali 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 Lands.
12. Enbridge hereby acknowledges that failure to complete ali required works within the
specified time period shali mean a Certificate of Compliance will not be issued until
such work necessary to complete the development is done, and that until such
Certificate of Compliance has been issued 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 Enbridge from time to time at its sole risk and expense and Enbridge agrees
the 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 Lands in
conformity with the provisions of Schedule "6" (approved site plan) and Schedule "C"
(site development requirements), and ali other requirements pursuant to this
Oppersdorff"07
Page 3
Site Plan Agreement
agreement, and all repair or maintenance shall conform with the requirements of this
agreement as it applied to the original development.
15. Enbridge and the Owner agree that all facilities and matters required by this
Agreement shall be provided and maintained at Enbridge'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 Enbridge 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. Enbridge agrees to do the following:
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.
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
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.
Oppersdorff-07
Page 4
Site Plan Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested to by
the hand of its Mayor and Chief Administrative Officer this\"l"aay of t-1(wch 2008.
The parties have hereunto set their hands and seals this ELl'tlay of t"\(wc-'"' 2008.
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
~ei.o v. '(2 t1-#.JDOu
Witness
Oppersdorff-Q7
Party of the First Part:
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~" :"~~OlDN,1I
iet Administrative Officer-
John deRosenroll
l!We have authority to bind the Corporation
Party of the Second Part:
~
Party of the Third Part:
) ENBRIDGE ONTARIO WIND POWER LP
)
)
l4~
) Name:G. Rob .
) Title: General Manager
I have authority to bind the Corporation, which in turn
has authority to bind the Limited Partnership.
SCHEDULE "A"
-the Lands-
E1/2 LT 2 CON 5 BRUCE EXCEPT PT 1, 3R1868; LT 3 CON 5 BRUCE; KINCARDINE,
BRUCE COUNTY
AS PIN 33283-0076 (L T)
Oppersdorff-07
.
SCHEDULE "8"
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.
Oppersdorff-07
>
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 lands that appropriate devices
are installed and measures taken to prevent unreasonable erosion of soil from the site
by wind or water, and the Owner agrees to abide by any request of the Municipality's
Chief Building Official or Engineer in this regard, acting reasonably.
4. 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 Enbrdige 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. 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 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 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.
Oppersdorff-07