HomeMy WebLinkAbout14 080 Development Agreement with SP Armow Wind Ontario LP THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2014 - 080
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF DEVELOPMENT
AGREEMENT WITH SP ARMOW WIND ONTARIO LP
WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provide that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance the
• municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act;
AND WHEREAS SP Armow Wind Ontario LP is developing an approximately 180
megawatt commercial wind energy project known as the Armow Wind Project
substantially located in the Municipality of Kincardine pursuant to a Power Purchase
Agreement dated August 2, 2011, between the Ontario Power Authority and SP
Armow Wind Ontario LP;
AND WHEREAS SP Armow Wind Ontario LP and the Municipality entered into an
Memorandum of Understanding (MOU), dated February 20, 2013, in which both
parties agreed to incorporate various terms and conditions as expressly set out in
the MOU in a development agreement, including matters set forth in the
Municipality's Generation System Development Policy, adopted April 13, 2011
(Policy No. PD. 1.9);
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a development agreement with SP Armow Wind
• Ontario LP;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a
Development Agreement with SP Armow Wind Ontario LP attached hereto
as Schedule "A ".
2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute, on behalf of The Corporation of the Municipality of Kincardine,
the Development Agreement with SP Armow Wind Ontario LP, attached
hereto as Schedule "A" and forming part of this By -law.
3. That this By -law shall come into full force and effect upon its final passage.
4. This By -law may be cited as the "Development Agreement with SP Armow
Wind Ontario LP ".
• READ a FIRST and SECOND TIME this 21st day of May, 2014.
READ a THIRD TIME and FINALLY PASSED this 21st day of May, 2014.
A Clerk
This is Schedule "a " to By -Law
No. i`+ passed the day
of (fl( 20 ( y
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (the "Agreement ") is entered into as of this 2 1 day of
ri n l j , 2014 (the "Effective Date ")
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE, a municipal corporation under the Municipal Act,
2001 (hereinafter referred to as the "Municipality ")
— AND —
SP ARMOW WIND ONTARIO LP, a limited partnership having
its registered office in the Province of Ontario (hereinafter referred
to as "SP Armow ")
WHEREAS SP Armow is developing an approximately 180 megawatt commercial wind
energy project known as the Armow Project (the "Project" or the "Wind Project ") in the
Municipality pursuant to a Power Purchase Agreement dated August 2, 2011, between the
Ontario Power Authority and SP Armow (as amended, the "PPA ");
AND WHEREAS SP Armow and the Municipality (each a "Party" and collectively the
"Parties ") wish to ensure that the Wind Project delivers benefits to all residents of the
Municipality;
AND WHEREAS SP Armow and the Municipality entered into a Memorandum of
Understanding ( "MOU "), dated February 20, 2013, in which the Parties agreed to incorporate
various terms and conditions as expressly set out in the MOU in a development agreement,
including matters set forth in the Municipality's Generation System Development Policy,
adopted April 13, 2011 (Policy No. PD.1.9) (the "Policy ");
AND WHEREAS the Parties have agreed that the Municipality will establish and
administer a community benefits fund to which SP Armow will make contributions to support
Municipal Projects as identified in this agreement;
AND WHEREAS the Parties have developed a mutual understanding of the scope,
commercial terms and legal issues related to the establishment and administration of the Fund;
AND WHEREAS the Parties intend to enter into an agreement governing SP Armow's
use of road allowances in the Municipality;
NOW THEREFORE IN CONSIDERATION of the sum of two dollars ($2) paid by
the Municipality to SP Armow and the undertakings and agreements hereinafter expressed by the
Parties, the receipt and sufficiency of which are hereby acknowledged, the Municipality and SP
Armow mutually covenant and agree as follows:
1. Interpretation
1.1 In this Agreement,
(a) "Annual Payments" means SP Armow's annual contributions to the Fund, as
calculated pursuant to this Agreement;
(b) "Arbitration Notice" is defined in Section 18.1;
(c) "Commercial Operation Date" means the Commercial Operation Date as
defined in the PPA;
(d) "CPI" or "Consumer Price Index" means the consumer price index for "All
Items" published or established by Statistics Canada (or its successor) for any
relevant calendar month in relation to the Province of Ontario;
(e) "Dispute" is defined in Section 18.1;
(f) "Effective Date" means the date of this Agreement;
(g) "Emergency" shall mean a sudden unexpected occasion or combination of events
occurring at the Wind Project site which is occasioned by or materially
contributed to by Wind Project components necessitating immediate action to
prevent or mitigate materially adverse consequences to the health and safety of
individuals, the environment or the integrity and safety of the Wind Project's
infrastructure or public utilities infrastructure;
(h) "Fund" means the community benefits fund to be established by the Municipality
pursuant to this Agreement;
(i) "Fund Report" is defined in Section 12.2;
(j) "Municipal Projects" means those projects developed or identified in
accordance with this Agreement that are intended to be funded in whole or in part
by the application of monies paid into the Fund;
(k) "Municipality" means the Municipality of Kincardine;
(1) "Payment Offsets" is defined in Section 13.4;
(m) "Policy" is defined in the third recital;
(n) "PPA" is defined in the first recital;
(o) "Project" and "Wind Project" are defined in the first recital;
(p) "Project Agreements and Permits" means, collectively, agreements with the
Municipality and permits and approvals required from the Municipality in
connection with the Project, including, without limitation, the Road Use
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Agreement, agreements for the use of municipal property for purposes of Project
infrastructure, building permits, severance consents, crossing permits, road entry
permits and other required development agreements and approvals;
(q) "REA" means the Renewable Energy Approval governed and issued by the
Ministry of the Environment pursuant to Part V.0.1. and Regulation 359/09 of the
Environmental Protection Act (Ontario);
(r) "Road Use Agreement" means an agreement between the Municipality and SP
Armow addressing the location of Project infrastructure in road allowances in the
Municipality and related construction matters and the use of roads in the
Municipality for the transportation of heavy and oversize loads to Project sites;
and
(s) "Term" is defined in Section 2.1.
1.2 The following schedules to this Agreement are an integral part of this Agreement:
Schedule "A" — Emergency Preparedness and Response Plan, as amended from
time to time with the agreement of the parties
Schedule "B" — Airport Vicinity Mapping
Schedule "C" — Site Guidelines, Section 4 of the Policy
Schedule "D" — Complaint Resolution Process
Schedule "E" — 2014 Rates & Fees By -law
Schedule "F" — 2014 Taxation By -laws
Schedule "G" — Form of Road Use Agreement
Schedule "H" — Form of Acknowledgement and Consent Agreement
1.3 Nothing contained in this Agreement shall abrogate or prejudice any statutory
rights held by either Party under any applicable statutes including but not limited
to the Ontario Energy Board Act, 1998, the Municipal Act, 2001, the Green
Energy Act, 2009 or the Electricity Act, 1998, as amended.
1.4 This Agreement is contingent upon the Parties entering into a mutually acceptable
Road Use Agreement. The Parties agree that concurrently with the execution of
this Agreement, they shall execute or cause to be executed the Road Use
Agreement in the form attached hereto as Schedule "G ", failing which this
Agreement shall become null and void.
1.5 Within 30 days after the execution of this Agreement and a Road Use Agreement,
the Parties shall issue a joint press release announcing this Agreement and the
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establishment of the Fund. SP Armow may also make and publish announcements
from time to time concerning the existence of the Fund and its features, including
the projected contributions of SP Armow.
2. Term
2.1 The "Term" of this Agreement shall commence on the Effective Date and shall
remain in effect for twenty (20) years, commencing upon the Commercial
Operation Date of the Project as defined in the PPA. This Term coincides with the
production term established in the PPA. If the term of the PPA is shortened or the
PPA is terminated, then the Term shall be shortened to match the remaining term
of the PPA. If the term of SP Armow's PPA is extended, or SP Armow otherwise
continues to operate the Wind Project after the expiration or termination of the
PPA, then the Parties shall enter into good faith negotiations to extend the Term
and amend this Agreement as appropriate to reflect SP Armow's continued
operation of the Project under the circumstances then prevailing.
3. Operation and Maintenance Plan & Emergency Response Plan
3.1 SP Armow will operate the Project in accordance with applicable laws and
regulations and shall provide to the Municipality prior to issuance of any building
permits for the Project, plans /reports setting out in reasonable detail the
Developer's plans for the safe operation and maintenance of the Project.
3.2 In the event of an Emergency, SP Armow shall respond in accordance with the
Emergency Preparedness and Response Plan attached as Schedule "A" to this
agreement, as amended from time to time with the agreement of the Parties.
3.3 SP Armow hereby agrees to indemnify and hold harmless the Municipality in all
respects, including from and against any and all losses, claims, actions, suits,
proceedings, causes of action, demands, damages, judgments, liabilities, costs,
charges, fees and expenses in connection with loss of life, personal injury, or
damage to property, economic loss, or any other loss or injury whatsoever, in any
way caused by or resulting from the negligence or wilful misconduct of SP Armow
or any of its employees, contractors, agents or personnel in the implementation of,
or actions taken pursuant to the Emergency Preparedness and Response Plan.
4. Tree Preservation Plan
4.1 SP Armow will, to the extent commercially reasonable, minimize the cutting,
trimming or removal of trees in connection with the construction and operation of
the Project. The obligations of SP Armow with respect to trees on property owned
by the Municipality are as set forth in Section [8] of the Road Use Agreement. In
the event that SP Armow requires that trees on private lands be removed, it shall
provide a Tree Preservation /Replacement Plan, to the reasonable satisfaction of
the Municipality in advance of site preparation and construction, and such plan
shall be materially consistent with the tree preservation and replacement plan
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required pursuant to the Road Use Agreement between Municipality and SP Armow.
5. Compliance with Municipal By - laws
5.1 SP Armow will comply with all valid and applicable Municipal by -laws in the
construction, maintenance and operation of the Project, to the extent that such by-
laws comply with applicable and governing laws, provided that SP Armow
reserves it rights to appeal or challenge the validity of any such municipal by -law
in accordance with applicable laws.
6. Peer Review of Noise Report
6.1 Subject to the satisfaction of the conditions set forth in Sections 6.2, SP Armow
agrees that it shall reimburse the reasonable costs and expenses of the Municipality
for an independent peer review of SP Armow's Noise Report for the Project by a
qualified noise consultant resident in the Province of Ontario which has
demonstrated experience in the authorship and review of noise assessment reports
for large commercial wind energy projects which were approved pursuant to the
REA process and which used wind turbine equipment the same or similar to the
equipment to be used in connection with the Project (the "Peer Consultant ").
6.2 On or prior to the date which is sixty (60) days from the date hereof, SP Armow
and the Municipality shall at the written request of the Municipality, each acting
reasonably and in good faith, agree upon the name of the Peer Consultant and the
Municipality shall enter into a service agreement for the peer review contemplated
in Section 6.1. The terms and conditions of such service contract addressing the
scope of work and delivery of the peer review shall be subject to the prior review
and approval of SP Armow, acting reasonably. SP Armow shall be entitled to
review and comment upon any work product resulting from such peer review,
including any written reports, prior to the finalization and delivery thereof, and in
the event that SP Armow reasonably objects to or wishes to correct or clarify any
material component of such work product, the Municipality shall cause the Peer
Consultant to meet with the Municipality and SP Armow and, at SP Armow's
option, SP Armow's noise consultant(s), to engage in meaningful discussions
regarding the form and content of any such work product.
7. Airport
7.1 SP Armow will not locate any of the Project's turbines within the area outlined in
Schedule "B" — Airport Vicinity Mapping.
7.2 SP Armow shall, upon the presentation of a third -party invoice, reimburse the
Municipality up to Twenty -Five Thousand Dollars ($25,000.00), excluding
applicable taxes, for the purchase, installation and 1 year warranty for Distance
Measuring Equipment (the "Equipment ") to be installed at the Kincardine
Airport.
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7.3 Should the costs of the purchase, installation and warranty of the equipment
exceed Twenty -Five Thousand Dollars ($25,000.00), excluding applicable taxes,
SP Armow shall reimburse the Municipality the full amount of such excess costs
upon the delivery of a receipted third -party contractor's invoice, provided the costs
are incurred reasonably and are necessary to ensure the safe installation and
operation of the Equipment, reserving the right to resolve directly with the third -
party contractor any excess costs included in the invoice.
7.4 SP Armow acknowledges that it is solely responsible for all costs and liability
associated with the initial installation of the Equipment and any replacement
Equipment (which installation shall be deemed complete upon completion of the
initial NAV Canada flight test), and if necessary, decommissioning and storage of
such Equipment, and that the Municipality shall bear no portion of these costs or
any associated liability. Following the completion of such initial installation and,
if necessary, decommissioning and storage, of the Equipment or any replacement
Equipment, the costs associated with the Equipment shall be addressed pursuant to
Section 7.5 of this Agreement.
7.5 The Municipality agrees that it will cause the Equipment to remain installed and
operational at the Kincardine Airport for the life of the Wind Project or until the
SP Armow authorizes the removal of the Equipment in writing. The Municipality
shall be responsible for the maintenance, repair and upkeep of the Equipment
during such period, as reasonably required. The Municipality acknowledges that a
portion of the Airport Contribution (set forth in Section 13.1 of this Agreement) is
deemed to be a full reimbursement of the costs and expenses of the Municipality
associated with such maintenance, repair and upkeep of the Equipment and that SP
Armow is hereby released of further costs or liability in respect of such
maintenance, repair or upkeep.
7.6 In the event that the condition of the Equipment is at any time beyond repair at a
reasonable cost, SP Armow shall either cause the refurbishment or replacement of
the Equipment (the costs and expenses of which shall be borne by SP Armow
pursuant to Section 7.4 hereof) or cause the decommissioning and storage or
disposal of the Equipment, at the discretion and cost of SP Armow, in which event
SP Armow shall be responsible for the payment of the direct costs and expenses
incurred by the Municipality in connection with such decommissioning and
storage or disposal.
8. Lighting Scheme
8.1 Subject to the terms of this paragraph, the Developer shall not erect, locate,
relocate, or otherwise place any permanent sign, light or light standard on any part
of the Project's infrastructure unless the sign, light or light standard has been
approved by the Municipality, acting reasonably. Any site illumination in
connection with the Project shall be designed to minimize the spread of light into
adjacent properties, while maintaining the safety and security of the infrastructure
and personnel and includes lighting for maintenance at the transformers. The terms
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of this paragraph do not apply to any temporary or construction signs or lights or
any navigational lighting or marking requirements that may be imposed by
Transport Canada, NAV Canada, or similar federal or provincial agencies,
however, such lights and their operation shall, to the extent allowed under such
requirements and to the extent that relevant third parties agree to cooperate, be
synchronized with each other and also with lights in adjacent wind turbine projects
to minimize the light impact at ground level.
9. Project Setbacks and Siting Requirements
9.1 SP Armow covenants that the Project's wind turbines will be located at least 3,000
metres from Primary Urban and Secondary Urban Communities (Kincardine,
Tiverton and the Lake Shore), as defined in the Municipality of Kincardine
Official Plan. In addition to meeting these siting requirements, the Developer
covenants that it will design, construct and operate the Project in compliance with
any applicable regulations made under the Environmental Protection Act (Ontario)
with respect to the REA, such compliance to be determined by the Ministry of the
Environment, and subject to Section 15.1 hereof, will make commercially
reasonable efforts to meet the Site Guidelines set out in Schedule "C" to this
Agreement.
10. Collector Lines
10.1 Subject to Section 41 of the Electricity Act (Ontario), all low - voltage collector
lines located on private property carrying electricity from the Project's wind
turbines shall be located underground, unless the Developer can demonstrate to the
reasonable satisfaction of the Municipality that it is not feasible to construct such
lines underground, giving consideration to safety, space limitations, existing or
anticipated rights of way or easements, streams, trees, wetland, controlled land,
current infrastructure and future municipal developments, as mutually determined
by the Developer and the Municipality, acting reasonably. The Developer shall
work with the Municipality in considering the design and location of the Project's
lines, including the burial thereof.
11. Complaint Resolution Process
SP Armow will implement the Complaint Resolution Process set out in Schedule "D" to
the satisfaction of the Municipality.
12. Establishment and Governance of Community Benefits Fund
12.1 The Municipality shall establish a Community Benefits Reserve Fund into which
SP Armow's Annual Payments shall be deposited and held separate from all other
funds held by the Municipality.
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12.2 The Municipality shall provide to SP Armow, within sixty (60) days following the
end of each calendar year, an annual accounting report on the status of the Fund,
including but not limited to a reconciliation of all Annual Payments as against all
disbursements and expenditures from the Fund (the "Fund Report ").
12.3 The Municipality shall, upon the request of SP Armow acting reasonably, provide
a full accounting of the Fund and the consideration of Payment Offsets, and shall
permit SP Armow or its agents to review Fund records and the data used by the
Municipality to prepare the Fund Report and consider Payment Offsets, including
without limitation financial records, correspondence and audit reports.
12.4 In respect of a request made by SP Armow under Section 12.3, the Parties shall
adhere to the following protocol:
(a) SP Armow's request shall be in writing and shall specify the nature of the request
within the scope of Section 12.3;
(b) If a full accounting is requested, the Municipality shall provide same, certified by
its Treasurer, within thirty (30) days of receipt of the request;
(c) The Municipality shall promptly respond to any follow up questions from SP
Armow regarding the full accounting;
(d) If a request is made by SP Armow to review Fund records and data used to
prepare the Fund Report and /or to consider and calculate Payment Offsets, the
Municipality shall, within thirty (30) days of receipt of the request, make such
documents available for review, during municipal business hours at the
Municipality's offices, by SP Armow and its consultants;
(e) None of the Fund records and data used by the Municipality shall be considered
confidential or be otherwise withheld from SP Armow or the public;
(f) SP Armow may request that all, or some, of the documents be copied and
provided to SP Armow, and SP Armow shall reimburse to the Municipality the
reasonable cost of providing said copies; and
(g) Any disagreement under this Section 12.4 shall be considered a Dispute under
Section 18 of this Agreement if it cannot be promptly resolved between the
Parties.
12.5 The Municipality acknowledges and agrees that expenditures from the Fund by the
Municipality shall be made only to support the Municipal Projects enumerated in
this Agreement.
12.6 The Municipality shall establish and administer the Fund in accordance with and in
compliance with all applicable law and any internal corporate codes of conduct
applicable to the administration of the Fund and the expenditures of moneys by the
Municipality.
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13. Financial Contributions to the Fund
13.1 Within ninety (90) days of the Commercial Operation Date, SP Armow agrees to
make a one -time lump sum payment of One Million Thirty Thousand Dollars
($1,030,000.00) (the "Airport Contribution ") to the Fund as a contribution to the
refurbishment of the main runway at the Kincardine Airport and ancillary airport
improvements.
13.2 SP Armow agrees to make financial contributions to the Fund in annual lump -sum
payments (each an "Annual Payment ") for each calendar year during the Term, as
follows:
(a) In accordance with Section 13.3, the Annual Payment for a particular year shall
be the aggregate sum of Six Hundred and Thirty Thousand Dollars ($630,000.00),
adjusted for inflation as described in paragraph (b) below.
(b) Reflecting the fact that 20 percent of the power price payable to SP Armow under
the PPA is subject to escalation, the Annual Payment shall be adjusted on January
1 of each year by a percentage increase which is 20% of the percentage increase
between the CPI for the immediately preceding December and the CPI for
January 2014.
13.3 SP Armow's Annual Payment to the Fund shall be paid yearly in a lump sum in
respect of each calendar year, with the first payment being made within ninety (90)
days after the Commercial Operation Date, and payments in subsequent years
being made on or before June 30 of each year. The Annual Payments for the first
and last partial calendar years of the Term shall be prorated using the percentage
that the number of days in each such partial year is to 365.
13.4 SP Armow's Annual Payment to the Fund shall be reduced, or rebated by the
Municipality, as the case may be, on a dollar- for - dollar basis (the "Payment
Offset ") by the amount of:
(a) any permitting fees, operating levies or other similar municipal fees imposed by
the Municipality, or any entity within the control of the Municipality, against the
Wind Project or revenues therefrom or SP Armow in respect of the Wind Project
or revenues therefrom other than those amounts specified in Schedule "E" of this
Agreement and the inflation -based increases after the Effective Date ( "New
Municipal Fees ").
(b) any tax levied by the Municipality, or any entity within the control of the
Municipality, against the Wind Project or SP Armow in respect of the Wind
Project other than those specified in Schedule "F" of this Agreement ( "New
Municipal Taxes "). For greater certainty, nothing in the foregoing means or
shall be construed to mean that a new tax levied by the Province, even if collected
by the Municipality, shall result in a Payment Offset, or that a tax increase as a
result of an increase to the rates set out in Schedule "F" or an increase to property
assessment value shall result in a Payment Offset.
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13.5 SP Armow shall consider and calculate any Payment Offset applicable under
Section 13.4 by April 30 of each year during the Term to the satisfaction of the
Municipality, acting reasonably. The Municipality shall advise SP Armow as soon
as practicable, prior to the introduction thereof, and in any event not less than sixty
(60) days prior to the due date of any Annual Payment, of the amount of any new
charges, levies, deductions or taxes within the meaning of Section 13.4. If the total
amount of the Payment Offset cannot be determined for the year for which the
Annual Payment is due before the Annual Payment must be paid by SP Armow, so
as to permit a reduction of the Annual Payment, then the Municipality agrees to
promptly rebate to SP Armow the amount of the Payment Offset under Sections
13.4 once it has been determined. SP Armow has agreed with the owners of lands
on which wind turbines and other Project infrastructure will be located that it will
reimburse them for the portion of their property taxes that is attributable to Project
leases and infrastructure. To assist SP Armow in making such payments to
landowners, the Municipality agrees, subject to receiving the written consent of the
landowner in each case and the applicable fee, to send SP Armow duplicate copies
of property tax bills for those parcels on which Project infrastructure is located, as
identified to the Municipality by SP Armow.
14. Use of the Fund
14.1 The Municipality agrees that the Fund shall be used exclusively for Municipal
Projects as herein enumerated, and for no other purpose.
14.2 The Municipality shall consult with SP Armow in advance of selecting Municipal
Projects to be financed in whole or in part by monies from the Fund and the
Municipality shall give due consideration to any comments or input that SP
Armow may offer with respect to selection of said Municipal Projects.
14.3 Prior to any material or significant expenditure of monies from the Fund the
Municipality shall:
(a) Present such expenditure and the relevant Municipal Project as written agenda
items to be considered for approval by the Municipality's Council during a
scheduled public meeting, with any such written agenda item referencing the
Fund and SP Armow as sponsor; or
(b) If approval of the expenditure by the Municipality's Council is not required or is
not appropriate, give SP Armow ten (10) days' notice in writing in advance of the
expenditure from the Fund, specifying the intended expenditure.
14.4 The Municipality acknowledges and agrees that the Municipality must have the
legal jurisdiction to undertake and finance the Municipal Projects selected for
funding through the Fund. The Parties agree that the following Municipal Projects
located wholly within the Municipality are generally appropriate for funding
through the Fund:
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(a) Undertakings relating to energy sustainability, including but not limited to
municipal renewable energy systems, vehicle fleet efficiency upgrades, building
energy efficiency upgrades, and energy conservation programs;
(b) Land stewardship initiatives including but not limited to natural habitat creation
and improvement, tree planting, and shoreline rehabilitation;
(c) Public recreational facilities, including but not limited to the construction,
renovation or rehabilitation of public arenas, parks and trails;
(d) Community and protective services, including but not limited to police, fire,
emergency medical services and healthcare;
(e) Roads, airport and municipal servicing infrastructure;
(f) Education and job training programs;
(g) Property tax relief for residents and businesses in the community as may be
permitted under the Municipal Act, 2001 for certain purposes; and
(h) Other community related activities sanctioned by the community through
approval by the Council of the Municipality.
14.5 The Municipality agrees to publically acknowledge the contribution made by SP
Armow to any Municipal Projects, services, programs or activities funded in whole
or in part by monies from the Fund. This shall be done in consultation with SP
Armow through appropriate signage or other advertising, branding or promotional
opportunities, provided that any costs shall be the responsibility of SP Armow.
15. Compliance with the Municipality Requirements
15.1 The Municipality acknowledges that SP Armow has consulted in good faith with
the Municipality with respect to material development decisions in respect of the
Project, including without limitation a review and consideration of the Policy. The
Municipality acknowledges that the Project is governed by provincial requirements
for the REA and other applicable provincial laws, regulations, guidelines and
policies, which address and pre -empt certain requirements of the Policy, and that
the Project has been designed in consideration of and substantially meets the
requirements of those parts of the Policy that are not addressed or pre - empted by
provincial laws, regulations, guidelines and policies, in a manner satisfactory to the
Municipality. The Municipality acknowledges and agrees the only provisions of
the Policy which are applicable to SP Armow or the Project are the provisions of
the Policy which are expressly set forth herein. The foregoing is without prejudice
to the right of the Municipality to submit specific comments to the Ministry of the
Environment with respect to the Project in the municipal consultation form
pursuant to the Renewable Energy Approval process.
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15.2 If, as a result of statutory or regulatory amendments made after the Effective Date,
the Project is required to comply with the Municipality's zoning by -law or other
requirements in respect of land uses or site plan approval, the Municipality shall, in
a timely manner, consider such approvals, variances and consents as may be
required to enable the Project to proceed as currently planned.
15.3 The Municipality agrees to process all applications and requests made by SP
Armow to the Municipality on an expeditious basis and without delay, including
but not limited to applications for Project Agreements and Permits, and the
Municipality shall direct such resources as are necessary to ensure expeditious
review of said applications and requests.
16. Liability
16.1 SP Armow, its affiliates, contactors and agents shall not incur any liability in any
way related to the Municipal Projects, including without limitation the selection,
financing, construction, operation, maintenance, repair and replacement of the
Municipal Projects. The Municipality hereby agrees to indemnify and hold
harmless SP Armow, in relation to the Municipal Projects in all respects,
including from and against any and all losses, claims, actions, suits, proceedings,
causes of action, demands, damages, judgments, executions, liens, liabilities, costs,
charges, fees and expenses in connection with loss of life, personal injury, or
damage to property, economic loss, or any other loss or injury whatsoever, in any
way related to a Municipal Project funded in whole or in part by monies from the
Fund.
16.2 There is no relationship between the Parties in the nature of a joint venture,
partnership, co- ownership arrangement or other similar relationship.
17. Default
17.1 Without prejudice to any other rights or remedies it may have, either Party shall be
entitled to terminate this Agreement if the other Party (the "Defaulting Party ")
fails to perform any material covenant or obligation hereunder and such failure is
not remedied within fifteen (15) days after written notice of such failure is given to
the Defaulting Party, provided that such cure period shall be extended by a further
thirty (30) days, or such longer period as may be reasonably required by the
Defaulting Party having regard to the circumstances of the alleged default, from
the expiry of the first notice if the Defaulting Party is diligently attempting to
remedy such failure and such failure is capable of being cured within such
extended cure period.
17.2 SP Armow shall be entitled to a reduction in the Annual Payment in an amount to
be determined between the parties acting reasonably if the Municipality adopts any
resolution or by -law, commences or threatens any legal proceeding, undertakes
any commercial transaction, or undertakes any other action or event (including the
provision of funds to any third party) which, whether directly or indirectly,
imposes materially adverse conditions on the Project that demonstrably results in a
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material reduction in the Project's planned aggregate power production. Any
disagreement under this Section 17.2 shall be considered a Dispute under Section
18 of this Agreement if it cannot be promptly resolved between the Parties.
17.3 SP Armow shall be entitled to terminate this Agreement if the Municipality adopts
any resolution or by -law, obtains a judgment, court or tribunal order, or undertakes
any other action or event (including the provision of funds to any third party)
which, whether directly or indirectly, prevents the Project from proceeding
substantially as proposed or prevents the Project from being operated and
maintained following the Commercial Operation Date. SP Armow shall provide
thirty (30) days written notice of its intention to exercise its rights under this
subsection, which notice shall allow the Municipality to exercise the dispute
resolution process set out in Section 18 of this Agreement.
17.4 The foregoing provisions of this section do not apply to any resolution or by -law
passed by the Municipality in furtherance of the provisions of this Agreement or
the Road Use Agreement or the enforcement by the Municipality of any of the
terms and conditions of this Agreement or the Road Use Agreement. The
foregoing provisions of this section are also without prejudice to right of the
Municipality to submit specific comments to the Ministry of the Environment with
respect to the Project in the Municipal Consultation form pursuant to the
Renewable Energy Approval process. For clarity, nothing in the foregoing
provisions of this section shall be construed to restrict or bind the Council of the
Municipality (whether present or in the future) with respect to the legal exercise of
its powers.
18. Dispute Resolution
18.1 In the event that either Party provides the other Party with written notice of a
dispute regarding the interpretation or implementation of this Agreement (a
"Dispute ") then both Parties shall use their best efforts to settle the Dispute by
consulting and negotiating with each other in good faith to reach a solution
satisfactory to both Parties. However, if the Parties do not resolve the Dispute
within thirty (30) days following receipt of such notice, then either Party may
provide written notice to the other Party (the "Arbitration Notice "), requiring
resolution by arbitration and thereafter the Dispute shall be referred to arbitration
in accordance with the provisions of the Arbitration Act, 1991.
18.2 The arbitration tribunal shall consist of one arbitrator appointed by mutual
agreement of the Parties or, if the Parties fail to agree on an arbitrator within ten
(10) days after receipt of the Arbitration Notice, then either Party may apply to a
judge of the Superior Court of Justice to appoint an arbitrator. The arbitrator shall
be qualified by education and training to pass upon the matter to be decided.
18.3 The arbitration shall be conducted in English and shall take place in London,
Ontario or another place mutually agreed upon by the Parties.
13
18.4 The arbitration award shall be given in writing and shall address the question of
costs of the arbitration and all related matters. The arbitration award shall be final
and binding on the Parties as to all questions of fact and shall be subject to appeal
only with respect to matters of law or jurisdiction.
18.5 Except to the extent that a matter is specifically the subject of a Dispute, both
Parties shall continue to observe and perform the terms and conditions of this
Agreement pending the resolution of a Dispute.
19. Further Assurances
19.1 Each of the Parties covenants and agrees with the other that it will at all times
hereafter execute and deliver, at the request of the other, all such further
documents, agreements, deeds and instruments, and will do and perform all such
acts as may be necessary to give full effect to the intent and meaning of this
Agreement.
20. Governing Law
20.1 This Agreement shall be governed by, and be construed and interpreted in
accordance with, the laws of Ontario and the laws of Canada applicable in Ontario.
21. Assignment
21.1 SP Armow may not assign this Agreement without the written consent of the
Municipality, which shall not be unreasonably withheld, except that no consent
shall be required (i) for SP Armow to assign this Agreement to an affiliated or
successor entity, or to a buyer of all or part of SP Armow's interest in the Project,
provided that all payments due under this Agreement have been satisfied and the
assignee agrees in writing to assume and fulfill all of the covenants, agreements,
terms and provisions and to abide by all limitations set forth in this Agreement, or
(ii) for an assignment given by SP Armow for purposes of securing indebtedness
or other obligations respecting the Project, provided that if the secured party
realizes on the security and further assigns this Agreement, the assignee agrees in
writing to assume and fulfill all of the covenants, agreements, terms and provisions
and to abide by all limitations set forth in this Agreement. With respect to an
assignment of the Agreement pursuant to Section 21.1(ii), the Municipality hereby
agrees to execute and deliver an Acknowledgment and Consent Agreement in
favour of an applicable secured party or assignee thereof, in the form of such
agreement attached hereto at Schedule "H ". For purposes of this section, a change
in control of SP Armow shall not be considered an assignment of this Agreement
by SP Armow.
21.2 This Agreement shall not be assignable by the Municipality, either absolutely or as
security, but shall enure to the benefit of any successor to the Municipality
resulting from an amalgamation or other reorganization under the Municipal Act,
2001 or similar future legislation
14
22. Negotiations and Related Costs
22.1 Each Party shall bear its own costs and expenses in connection with the
preparation, negotiation, authorization, execution and delivery of this Agreement,
except that the Municipality shall be reimbursed by SP Armow for reasonable
legal fees incurred in connection with the review of this Agreement up to a
maximum of $30,000.
22.2 SP Armow shall be solely responsible for all Municipal and legal and consultant
fees actually incurred in relation to drainage crossing approvals, including such
approvals required under the Drainage Act, up to a maximum of $20,000 per
crossing approval. In connection with Section 15.3 hereof, the Municipality agrees
that it shall review and process all permit applications with respect to drainage
crossings as soon as reasonably possible and in any event within thirty (30) days of
the submission by SP Armow of stamped engineered drawings detailing the
construction of the proposed crossing.
23. Notices
23.1 All notices, communications and requests for approval which may be or are
required to be given by either party to the other herein shall be in writing and shall
be given by delivery by courier or by facsimile addressed or sent as set out below
or to such other address or facsimile number as may from time to time be the
subject of a notice:
To the Municipality:
The Corporation of the Municipality of Kincardine
1475 Concession 5 Road
Kincardine, ON N2Z 2X6
Attention: Chief Administrative Officer
Facsimile: 519- 396 -8288
To SP Armow:
c/o Samsung Renewable Energy Inc.
55 Standish Court, 9 Floor
Mississauga,ON
L5R 4B2
Attention: General Counsel
Facsimile: 905 -285 -1852
With a copy to:
c/o Pattern Renewable Holdings Canada ULC
Pier 1, Bay 3
15
San Francisco, CA 941111
Attention: General Counsel
Facsimile: 415- 362 -7900
23.2 Any notice, if delivered by courier, shall be deemed to have been validly and
effectively given and received on the date of such delivery and if sent by facsimile
with confirmation of transmission, shall be deemed to have been validly and
effectively given and received on the day it was received, whether or not such day
is a business day.
24. Miscellaneous
24.1 No supplement, modification, amendment, or waiver of this Agreement shall be
binding unless executed in writing by the Parties.
24.2 Each obligation of the Parties hereto contained in this Agreement, even though not
expressed as a covenant, is considered for all purposes to be a covenant.
24.3 This agreement, and the rights granted and obligations assumed hereunder, shall
extend to, and benefit and bind the parties hereto, their respective successors, and
permitted assigns. This Agreement (and any agreements entered into pursuant to
this Agreement including the Road Use Agreement) is the entire agreement with
respect to the subject matter hereof and supersedes and replaces any present or
prior agreements or arrangements, either written or oral, applicable to the subject
matter hereof.
24.4 The invalidity or unenforceability of any provision or covenant contained in this
Agreement shall affect the validity or enforceability of such provision or covenant
only and any such invalid provision or covenant shall be deemed to be severable
from the balance of this Agreement, which shall be enforced to the greatest extent
permitted by law.
24.5 Each covenant in this Agreement is a separate and independent covenant and a
breach of covenant by either Party will not relieve the other Party from its
obligation to perform each of its covenants, except as otherwise provided herein.
24.6 This Agreement may be executed by facsimile or PDF transmission and in one or
more counterparts, all of which shall be considered one and the same Agreement.
[Signature page follows]
16
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective as of the Effective Date stated at the top of this
Agreement.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
b.
tee: 4 1_,f
C �a
Title: Ir , f
— 1)ITNC=DA/sL
Name: IM.vrfo kQ'tch.AcQ__
Title: C A .
SP ARMOW WIND ONTARIO LP by its
general partner, SP ARMOW WIND
ONTARIO GP INC.
Name:
GAL IN EDWARDS
Title:
DIRECTOR
Name:
Title:
sung -Gul Le e
DIRECTO
[Development Agreement]
17
Execution Version
SCHEDULE "A"
Emergency Preparedness and Response Plan
[See attached]
SCHEDULE "A"
SMS 504 Emergency Preparedness and
Pattern
Response
Owner: Applicability:
EHS Coordinator Pattern Operations
Revision No: Revision Date: Page:
REV 0 8/612013 1 of 11
Management Approval:
B _ >---
Signature
Name: Chris Shugart
Printed Name
Title: Director, Asset Operations & Maintenance
1 of 11
SCHEDULE "A"
ow Pattern
SMS 504 Emergency Preparedness and Response
DOCUMENT CHANGE LOG
DATE REV NATURE OF CHANGE AUTHOR
Creation of SMS 504 Emergency Preparedness
and Response from combining previous SMS 130
Emergency Operating Plan/Template_PGW, OMS
216 Hurricane Recovery (into Appendix D
Hurricane Response and Recovery), OMS 217
Pandemic Plan (into Appendix C Pandemic Plan);
as well as create Appendix A Emergency Action
Plan Template, Appendix B Emergency Operating I
Plan, Appendix E Weatherization Plan.orientation,
8/6/2013 0 handout template, and recordkeeping workbook. G. Smith
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SCHEDULE "A"
Pattern
SMS 504 Emergency Preparedness and Response
TABLE OF CONTENTS
1. Purpose 4
2. Scope 4
3. Definitions ............. ............................... ....................4
4. Roles and Responsibilities 5
5. Procedure 7
6. Training 10
7. Data Retention 10
8. Review 11
9. References 11
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•
SMS 504 Emergency Preparedness and Response
1. PURPOSE
The purpose of SMS 504 Emergency Preparedness and Response is to set forth the
detailed guidelines to be taken in response to emergencies that result in bodily injury or
fatality, environmental damage, and /or property damage on Pattern sites. This
procedure is intended to work concurrently with SMS 505 Inclement Weather.
2. SCOPE
The scope of SMS 504 Emergency Preparedness and Response sets forth the basic
parameters governing Pattern's response to emergencies affecting personnel, the
environment or property on Pattern sites. All Pattern personnel are expected to be
familiar with this procedure and to comply with all of the provisions set forth herein.
3. DEFINITIONS
Assembly Area: A designated area where all Pattern personnel, contractors and site
visitors will assemble during a Evacuation emergency.
Computerized Maintenance Management System (CMMS): A computer application to
support maintenance activities such as scheduling tasks, assigning personnel, reserving
materials, tracking costs, etc.
Emergency: An event or situation that results in an immediate threat to the health and
safety of Pattern personnel, contractors or the public, the environment and /or property
on Pattern sites.
Emergency Action Plan (EAP): Plan containing site specific required actions, detailed
contact information and response guidelines for all likely emergency scenarios. Each
site shall have its own specific EAP.
Emergency Coordinator: The person designated to be in charge during any
emergency at the site. This person may be the Facility Manager, Assistant Facility
Manager or other designated person with knowledge of the site to manage the event.
Emergency Medical Services (EMS): Emergency service dedicated to providing out -
of- hospital medical care, transport to definitive care, and other medical transport to
patients with illnesses and injuries.
Emergency Operations Plan (EOP): Plan that provides guidance for operations of a
site during an emergency.
Emergency Responders: Professional responders to emergencies such as fire
department personnel, police, and emergency medical service personnel.
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:;:; Pattern
SMS 504 Emergency Preparedness and Response
Emergency Response Review Team: Pattern personnel consisting of the Regulatory
Specialist, EHS Coordinator, and a certain Facility Manager who reviews and approves
the site's emergency procedures.
Evacuation: The means of leaving an emergency in a systematic manner and arriving
at a designated safe zone (e.g. Assembly Area).
Operations Control Center (OCC): Pattern's 24/7 control center which monitors and
remotely operates all generating facilities including individual generating units and
substations in the Pattern fleet.
Pandemic: Any outbreak of a disease that affects 50% or greater personnel at a site
Pandemic Declaration: Declaration by the Director, Asset Operations & Maintenance
that a site is in a Pandemic situation.
Rescue: The process of recovery and removal of a person or persons from immediate
danger to a designated safe zone (e.g. Assembly Area).
Sabotage: A threat, attempt, or deliberate action aimed at weakening a site /facility,
operations, personnel or employer through subversion, obstruction, disruption and /or
destruction that would impact the site/facility's ability to securely operate and generate
and /or provide power to the grid or the Bulk Electric System (BES).
Site Management: The Facility Manager and the Assistant Facility Manager (and /or
designee made by the Facility Manager).
4. ROLES AND RESPONSIBILITIES
4.1 Director, Asset Operations & Maintenance
4.1.1 Implement and comply with this procedure and hold both direct reports
and others accountable for actions that violate any aspect of the
procedure.
4.1.2 Provide personnel with resources to comply with this procedure.
4.1.3 Ensure that all Pattern personnel, contractors and visitors are trained and
comply with this procedure.
4.1.4 Provide Pandemic Declarations when required for sites.
4.2 EHS Coordinator
4.2.1 Assist and provide technical expertise and assistance on all aspects of
the procedure as requested.
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: ; s ; Pattern
SMS 504 Emergency Preparedness and Response
4.2.2 Provide and /or coordinate training for this procedure.
4.2.3 Organize and implement emergency drills as required by this procedure.
4.2.4 Ensure regular drills and exercises as required by this procedure are
completed.
4.2.5 Document drills and exercises and communicate lessons learned.
4.2.6 Assist in the review, update and continual improvement of this procedure.
4.2.7 Ensure the technical content of this procedure is compliant with all
federal, state and international regulations and requirements.
4.2.8 Responsible for contacting appropriate federal, state or international
regulatory agencies with approval from Director, Asset Operations &
Maintenance.
4.2.9 Approve all site specific EAPs.
4.3 Site Management
4.3.1 Develop and maintain the Emergency Action Plan (EAP) for each site
utilizing Appendix A EAP Template.
4.3.2 Implement the site's EAP.
4.3.3 Take on or designate the role of Emergency Coordinator when an
emergency situation arises.
4.3.4 Maintain a copy of this procedure on site at all times.
4.3.5 Communicate requirements of this procedure to all personnel, contractors
and visitors.
4.3.6 Coordinate emergency response training and drills with local responders
(fire department, emergency response personnel).
4.3.7 Communicate the circumstances of the Emergency to the Emergency
Coordinator.
4.3.8 Ensure a hard copy of this procedure and local site instructions are
maintained on site.
4.3.9 Develop and annually review the site specific hurricane response and
recovery plan (if located in an area with potential for hurricanes) based on
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. ! : : Pattern
SMS 504 Emergency Preparedness and Response
the template provided in Appendix D Hurricane and Response Recovery.
4.3.10 Develop and review annually the site specific weatherization plan based
on the template provided in Appendix E Weatherization Plan.
4.4 Operations Control Center (OCC)
4.4.1 Make internal notifications of an Emergency once notified by the site.
4.5 All Personnel and Contractors
4.5.1 Notify Site Management of an Emergency.
4.5.2 Comply with all requirements of this procedure.
4.5.3 Participate in site emergency drills.
4.5.4 Follow instructions of Site Management at the site in a declared
Emergency.
5. PROCEDURE
5.1 Site Emergency Procedures Development and Review
5.1.1 Site Management shall use the EAP, Hurricane Response and Recovery
(when applicable), and Weatherization templates (Appendices A, D, & E).
5.1.2 Upon completion of the development of each site specific emergency
procedure, Site Management shall submit these procedures for review to
the Emergency Response Review Team.
5.1.3 Once site emergency procedures are approved by the Emergency
Response Review Team, these procedures shall be uploaded onto
SharePoint and stored in each site's respective project folder.
5.1.4 Site Management shall review their site emergency procedures annually.
Any updates shall be provided to the Emergency Response Review Team
for review.
5.2 General Emergency Response
5.2.1 Any event requiring emergency response shall be recorded and
investigated as required by SMS 503 Incident Notification, Reporting and
Investigation Program. In the event of an Emergency that requires
assistance, all Pattern personnel and contractors on site shall follow this
procedure. Visitors to the site shall follow instructions provided by th
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Pattern
SMS 504 Emergency Preparedness and Response
site contact or other site personnel as appropriate.
5.2.2 Anyone observing an Emergency condition should immediately contact
Site Management by cell phone or radio.
5.2.3 Site Management will initiate this procedure and take on or designate the
role of Emergency Coordinator.
5.2.4 Once notified of the Emergency condition, the Emergency Coordinator
shall determine whether outside resources are needed.
5.2.5 If outside resources are required, the Emergency Coordinator will phone
911, request appropriate emergency services, and provide all pertinent
information concerning the Emergency per the site's EAP.
5.2.6 The Emergency Coordinator will notify all personnel and contractors via
phone, radio or other means of the Emergency by announcing the
following statement: INITIATE EMERGENCY RESPONSE
PROCEDURE, along with any applicable instructions as well as the
Assembly Area, if appropriate.
5.2.7 Upon initiating the emergency response procedure statement above, all
affected personnel, contractors and visitors will immediately stand down
and assemble at the Assembly Area if instructed by the Emergency
Coordinator, or respond to other instructions from the Emergency
Coordinator. Examples of Assembly Areas that can be used in an
emergency response are the O &M building, parking lot, base of a turbine
tower and a company vehicle /truck.
5.2.8 The Emergency Coordinator will assign the following duties:
5.2.8.1 Obtain the Pattern sign -in book.
5.2.8.2 Request a list of all contractor personnel onsite from their
respective management personnel.
5.2.8.3 Meet Emergency Responders at designated location, if
appropriate.
5.2.8.4 Locate missing persons (preferably two person teams) if
necessary.
5.2.8.5 Contact the OCC to inform them of the situation. The OCC will
make other internal notifications including to the EHS Coordinator
and others as required.
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Pattern
SMS 504 Emergency Preparedness and Response
5.2.9 The Emergency Coordinator will coordinate communications between the
above personnel.
5.2.10 The Emergency Coordinator will assess the Emergency, and if an
Evacuation is necessary, initiate the General Evacuation Procedure
described in Section 5.3 below.
5.3 General Evacuation Procedure
5.3.1 If needed, perform the applicable steps of the General Emergency
Response procedure in Section 5.2 above.
5.3.2 In case of an Emergency requiring Evacuation, the Emergency
Coordinator will use radios, cell phones or other means to contact and
inform all personnel, contractors and visitors to evacuate.
5.3.3 Upon notification, all personnel, contractors, and visitors will immediately:
5.3.3.1 Stop work.
5.3.3.2 If time permits, place equipment in a safe condition.
5.3.3.3 Evacuate from the nearest, safest exit point and report to the
designated Evacuation area.
5.3.3.4 Personnel will report to the Emergency Coordinator, or designee,
when they have safely reached the Evacuation area.
5.4 Development of Emergency Action Plan
5.4.1 It is the responsibility of Site Management to develop a site specific EAP
using the template in Appendix A Emergency Action Plan Template.
5.4.2 The intent of the EAP is to set forth guidelines for emergencies which
may occur on site. The EAP template provided covers generic
emergency actions for wind farms. Site Management is encouraged to
modify the template specifically for their facility's needs including adding
and editing scenarios as required.
5.4.3 The EAP shall:
5.4.3.1 Identify all site specific information and contact details for local
emergency services.
5.4.3.2 Contain a site map that identifies the locations of all inside and
outside Assembly Areas, the O &M building, access roads,
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SCHEDULE "A"
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SMS 504 Emergency Preparedness and Response
turbines, substation, all buildings (including any dwellings on site)
and Emergency Responder meeting points.
5.4.3.3 Detailed emergency response procedures for all potential
scenarios that may occur at the site.
5.4.4 Meeting points shall generally be the highway or county road closest to
the incident. Note: multiple site personnel may be required to lead both
EMT first responders and then follow -on emergency vehicles to the
location where injured person(s) are located.
5.4.5 The EAP shall be reviewed and verified annually by Site Management
and approved by the EHS Coordinator.
5.5 Drills
5.5.1 The following drills shall be performed at least once per year:
5.5.1.1 At least one drill should be conducted utilizing a rescue scenario
from a turbine.
5.5.1.2 At least one drill should be conducted utilizing a rescue scenario
from a fire in the O &M building.
5.5.2 When available, Emergency Responders should be included in the drills.
5.6 Responders
5.6.1 Emergency Responders should be contacted at least once a year to
provide updated information on emergency meeting locations and
emergency response practices.
6. TRAINING
6.1 All Pattern personnel at each site shall receive initial training on this procedure
when implemented (including all appendices). Any modifications to the
procedure or any of the appendices also require re- training. Thereafter, annual
training is required.
6.2 Contractors and visitors who will enter operating areas of the site will be trained
on Assembly Areas and Evacuation procedures before they enter the site for the
first time. Thereafter, anual training is required.
7. DATA RETENTION
7.1 Hard copies of the each site's respective EAP shall be maintained at the
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SCHEDULE "A"
• •
• Pattern
SMS 504 Emergency Preparedness and Response
following site locations at all times:
7.1.1 0 & M building.
7.1.2 Substation(s).
7.2 This procedure and the appendices are maintained on the corporate SharePoint
site in accordance with OMS 315 Record Retention. Training documents are also
maintained on the corporate SharePoint site.
8. REVIEW
8.1 This procedure and all appendices shall be reviewed at least annually.
9. REFERENCES
• SMS 504 Emergency Preparedness and Response Appendix A Emergency
Action Plan Template
• SMS 504 Emergency Preparedness and Response Appendix B Emergency
Operations Plan
• SMS 504 Emergency Response Preparedness and Response Appendix C
Pandemic Plan
• SMS 504 Emergency Preparedness and Response Appendix D Hurricane
Response and Recovery Plan
• SMS 504 Emergency Preparedness and Response Appendix E Weatherization
Plan
• OMS 315 Record Retention
• RMS 403 Sabotage Recognition and Reporting
• RMS 407 Communication and Reporting Contacts (all sites)
• SMS 503 Incident Notification, Reporting and Investigation
• SMS 523 Inclement Weather
11 of 11 Rev 0
SCHEDULE "A" am Pattern
r .
EMERGENCY ACTION PLAN (EAP)
1. EMERGENCY CONTACTS
Site Name: Site Address: Site Phone Number:
Inside Assembly Area:
Name: Location:
Outside Assembly Area:
Name: Location:
Evacuation Area: Phone Number: Address:
Name:
Facility Manager Office:
Name: Cell: Email:
Assistant Facility Manager Office: Email:
Name: Cell:
Contractor Lead Office: Email:
Name: Cell:
Fire Department: Phone Number Address:
Name:
Hospital (first aid): Phone Number Address:
Name:
Hospital (burn unit): Phone Number Address:
Name:
Hospital (trauma center): Phone Number Address:
Name:
Police: Phone Number Address:
Name:
Pattern OCC Main: 713-308-4242 PatternoccCa�patternenergy.com
Secondary: 713- 308 - 4243/4244
Pattern EHS Coordinator Office: Email:
Name: Cell:
Director, Asset Operations & Office:
Maintenance Cell: Email:
Name:
Contractor EHS Specialist Office: E -mail
Name Cell:
Contractor Manager Office: E -mail
Name Cell:
Page 1 of 6
Last Revised: MM DD YYYY
SCHEDULE "A" • •
Pattern
2. BASIC EMERGENCY INSTRUCTIONS
2.1 Anyone observing an emergency condition should immediately contact Site Management, by
cell phone or radio.
2.2 Site Management will issue a site -wide stop work announcement, initiate the general
emergency procedure and take on or designate the role of Emergency Coordinator.
2.3 In the case of fire or injury/illness, the scenario - specific emergency response actions shall be
initiated as well (as described in this document).
2.4 Once notified of the emergency condition, the Emergency Coordinator shall determine whether
outside resources are needed and manage the support and interaction with those outside
resources.
3. DIRECTIONS TO NEAREST HOSPITAL /CLINIC
4. SITE MAP:
[Insert Site Map]
(Must include locations of all inside and outside Assembly Areas, the O &M building, access
roads, turbines, substation(s), all buildings (including any dwellings on site) and emergency
responder meeting points.)
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Page 2 of 6
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SCHEDULE "A" I Pattern
5. FIRE
Personnel and contractors shall notify Site Management immediately upon discovery of a fire. Site
Management will designate an Emergency Coordinator to manage the incident. Different types of fire
will require different types of responses.
5.1 Grass, Brush and Forest Fires
5.1.1 In the event of grass and brush fires, personnel and contractors shall notify Site
Management.
5.1.2 Site Management will designate an Emergency Coordinator to manage the incident.
5.1.3 The Emergency Coordinator will obtain details of the exact location and size of the fire
from the notifier.
5.1.4 The Emergency Coordinator will contact 911 and coordinate with the notifier to lead fire-
fighting equipment to the scene. The designated responder will be notified by the
Emergency Coordinator by radio of the location at which to meet with the fire
department.
5.1.5 The Emergency Coordinator will contact any land owners in the area with the location
and size of the fire. Personnel may be directed by the Emergency Coordinator to visit
any buildings /dwellings that may be in the anticipated path of a fire.
5.1.6 Only personnel trained to fight fires may do so and only under instruction from the civil
authorities. In all other events, personnel shall at no time attempt to extinguish or "fight"
a large brush or grass fire.
5.2 Turbine Fire — No Personnel Present
5.2.1 In the event of a turbine fire, personnel discovering the fire shall contact Site
Management.
5.2.2 Site Management will designate an Emergency Coordinator to manage the incident.
5.2.3 The Emergency Coordinator will obtain details of the exact location and size of the fire
from the notifier.
5.2.4 The Emergency Coordinator will contact 911 and coordinate with the notifier to lead fire-
fighting equipment to the scene. The designated responder will be notified by the
Emergency Coordinator by radio of the location at which to meet with the fire
department.
5.2.5 The responder will then proceed to the designated meeting point and be available to
direct fire - fighting equipment to the scene.
5.2.6 Personnel or contractors shall at no time attempt to go up tower to extinguish or "fight" a
turbine fire. The role of personnel /contractor is to notify Site Management, liaise with the
Emergency Coordinator, and lead fire - fighting equipment to the scene.
5.3 Turbine Fire — People in Nacelle, Fire in Down Tower Control Cabinet
5.3.1 If a fire occurs in the down tower control cabinet while personnel or contractors are
working in the nacelle, all nacelle hatches shall be opened immediately.
5.3.2 Personnel discovering the fire will contact Site Management.
5.3.3 The Site Management will designate an Emergency Coordinator to manage the incident.
5.3.4 The Emergency Coordinator shall obtain details of the exact location and size of the fire
from the notifier.
5.3.5 The Emergency Coordinator will contact 911 and request fire and medical assistance.
5.3.6 The Emergency Coordinator will nominate a designated responder to meet at the
Emergency Responder Meeting Point and lead fire - fighting equipment and medical
resources to the scene. The designated responder will be notified by the Emergency
Coordinator by radio of the location at which to meet with the fire department and
Page 3 of 6
Last Revised: MM DD YYYY
SCHEDULE " • am pattern
medical resources.
5.3.7 The designated responder will then proceed to a designated meeting point and be
available to direct fire - fighting equipment and medical resources to the scene.
5.3.8 Personnel and contractors in the nacelle will follow all normal fall protection procedures
and attempt to remain in smoke free air until directed by fire - fighting personnel to climb
down.
5.3.9 If a smoke free environment cannot be maintained or the fire is not extinguished within
30 minutes, personnel will communicate with the designated responder to determine if
emergency descent on the outside of the tower is feasible and appropriate.
5.3.10 At no time shall personnel attempt to climb down until directed.
5.4 Turbine Fire — People in Nacelle, Fire in Nacelle
5.4.1 If a fire occurs in the nacelle while personnel are present, personnel shall abandon all
tools and equipment and immediately descend the tower ladder and exit the turbine.
5.4.2 If the fire blocks access to the exit, personnel shall use the emergency descent system
to reach ground level.
5.4.3 Personnel nor contractors shall not attempt to extinguish or "fight" a nacelle fire, unless
required to maintain access to an exit.
5.4.4 Once away from the fire, personnel discovering the fire shall contact Site Management.
5.4.5 Site Management will designate an Emergency Coordinator to manage the incident.
5.4.6 The Emergency Coordinator will obtain details of the exact location and size of the fire
from Site Management.
5.4.7 The Emergency Coordinator will contact 911 and request fire and medical assistance.
5.4.8 The Emergency Coordinator will nominate a designated responder to lead fire - fighting
equipment and medical resources to the scene. The designated responder will be
notified by the Emergency Coordinator by radio of the location at which to meet with the
fire department and medical resources.
5.4.9 The designated responder will then proceed to the designated meeting point and be
available to direct fire - fighting equipment and medical resources to the scene.
5.5 Fire - O&M Building
5.5.1 In the event of a fire in the O &M building, personnel discovering the fire will activate the
building fire alarm.
5.5.2 At the alarm sound, Site Management will designate an Emergency Coordinator who will
immediately notify 911 and request fire and medical assistance.
5.5.3 The General Emergency Response and Evacuation Procedures will then be followed.
5.5.4 All employees, contractors and visitors will remain clear of buildings and structures until
an all clear notice is received from fire - fighting personnel.
Page 4 of 6
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SCHEDULE "A"
• I
GIN Pattern
•
5.5.5 Personnel and contractors shall at no time attempt to extinguish or "fight" a fire.
5.6 Fire - Electrical Facilities
5.6.1 In the event of a fire inside a substation, personnel discovering the fire will contact Site
Management.
5.6.2 Site Management will designate an Emergency Coordinator to manage the incident.
5.6.3 The Emergency Coordinator will obtain details of the exact location and size of the fire
from the notifier.
5.6.4 The Emergency Coordinator will contact 911 and coordinate with the notifier to lead fire-
fighting equipment to the scene. The designated responder will be notified by the
Emergency Coordinator by radio of the location at which to meet with the fire department
5.6.5 Personnel that discovered the fire will then proceed to the designated meeting point and
be available to direct fire - fighting equipment to the substation.
5.6.6 Transformers and capacitors contain flammable, combustible material and all personnel
must remain in safe areas away from these potentially explosive sources.
5.6.7 Personnel and contractors shall at no time attempt to extinguish or "fight" a fire.
6. INJURY /ILLNESS
6.1 Injury Illness — Ground
6.1.1 In the event of an injury/illness requiring medical treatment, personnel will contact Site
Management immediately.
6.1.2 Site Management will designate an Emergency Coordinator who will obtain details of the
exact location and severity of the injury.
6.1.3 The Emergency Coordinator will contact 911 and coordinate meeting points with medical
assistance and site personnel.
6.2 Injury Illness — At Heights
6.2.1 In the event of an injury/illness requiring medical treatment to personnel working in a
nacelle or tower, personnel will contact Site Management immediately.
6.2.2 Site Management will designate an Emergency Coordinator who shall obtain details of
the exact location and severity of the injury.
6.2.3 The Emergency Coordinator will contact 911 and coordinate meeting points with medical
assistance and site personnel.
6.2.4 In the event personnel injured or ill is suspended in their harness, attending personnel
will lower injured person using approved rescue devices.
6.2.5 If the injured person is not suspended in their harness, the attending personnel will wait
for EMT assistance and instruction before lowering injured person using approved
rescue devices.
Page 5of6
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SCHEDULE "A" ' Pattern
6.3 Injury Illness — Pesticide /Herbicide Treated Fields
6.3.1 In the event of an injury/illness due to pesticide or herbicide exposure, contact Site
Management immediately.
6.3.2 Site Management will designate an Emergency Coordinator who will look at the pesticide
labeling or Right to Know Bulletin Board and MSDS, if available. If it gives specific first
aid instructions, the Emergency Coordinator will disseminate the instructions.
6.3.3 The Emergency Coordinator will contact 911 if determined necessary by the extent of
the injuries and /or the MSDS and coordinate meeting points with medical assistance and
site personnel.
7. CRIMINAL BEHAVIOR
7.1 Suspicious People
7.1.1 In case of suspicious people, it is the responsibility of all personnel, contractors and
visitors to notify Site Management and report the location and nature of the suspicious
activity. Personnel, contractors and visitors should not confront or attempt to detain
trespassers or suspicious people. If sabotage is suspected, Site Management shall refer
to RMS 403 Sabotage Recognition and Reporting.
7.1.2 Site Management will determine the scope of the emergency response. For reports of
criminal behavior such as vandalism, shooting, or illegal vehicles, Site Management or
the Emergency Coordinator will contact local law enforcement.
7.1.3 Investigations into suspicious individual(s) may require conversation with the individual
to ascertain that person's connection with the site. At no time should any confrontation
be allowed. If suspicious individuals seem hostile or violent, personnel should leave the
area and inform Site Management to contact local law enforcement.
7.2 Personnel, Contractor or Visitor
7.2.1 Confrontational situations between personnel, contractors or visitors involving threats,
harassment, confrontations or obscene acts or language should be reported immediately
to Site Management.
7.2.2 If at any time personnel, contractors or visitors working at a site are concerned about
their safety, it is their responsibility to report the situation to Site Management.
7.3 Third Party Threats to Facilities
7.3.1 In the event there is a threat to personnel or the site, Site Management will designate an
Emergency Coordinator, initiate the Evacuation Procedure, and contact law
enforcement. If sabotage is suspected, Site Management shall refer to RMS 403
Sabotage Recognition and Reporting.
7.3.2 Once all personnel have been accounted for, the Emergency Coordinator will order the
site evacuated.
7.3.3 Upon "all clear" notification from law enforcement, personnel may return to the building.
Page 6 of 6
Last Revised: MM DD YYYY
SCHEDULE "A" er Pattern
EMERGENCY OPERATIONS PLAN (EOP)
1. OBJECTIVE
The intent of the Emergency Operations Plan (EOP) is to provide a guide for operations during the
event of an emergency. The EOP addresses the requirements for systematic restoration of electrical
service and return to normal working conditions from emergency conditions.
1.1 Operations Control Center and Emergency Communication Set -Up
1.1.1 During all emergency situations at a site, the Operations Control Center (OCC) provides
the coordination and control. The OCC will coordinate with the onsite Emergency
Coordinator as designated by SMS 504 Emergency Preparedness and Response.
1.1.2 All sites are equipped with redundant data links, local telephone service and mobile
devices. In addition, connectivity onsite is ensured by the use of hand -held radios. All
site personnel are equipped with laptops and mobile phones that can be taken to an
offsite location as needed. These devices are all set up to allow for continuous
monitoring and operation from a remote location.
1.1.3 The OCC is headquartered in the Houston office. This office is equipped with redundant
data links, local telephone service and mobile devices. If the Houston office is destroyed
or unusable, the OCC will be established at an offsite location. The OCC is equipped
with laptops and mobile phones that will be taken to this offsite location as needed.
These devices are set up to allow for continuous monitoring and operation from a remote
location.
1.2 Internal Communications
1.2.1 In an emergency, it is expected of all personnel and contractors to follow the directions
of the Emergency Coordinator and designee(s). No individuals are to take it upon
themselves to notify other personnel or contractors to come to an emergency area. The
Emergency Coordinator and designee(s) will notify personnel and /or contractors
required to handle a specific emergency.
1.2.2 The Emergency Coordinator shall ensure the OCC is informed of any suspected and /or
actual emergency as soon as practical.
1.2.3 The OCC shall disseminate any emergency notification to appropriate personnel. The
Director, Asset Operations & Maintenance will determine the need to inform other
business units within Pattern including members of executive management.
1.2.4 In the event the OCC suspects an emergency at a Pattern site without having received
prior notification from the Emergency Coordinator, the OCC shall attempt to establish
contact with Site Management. If Site Management cannot be reached, the OCC shall
attempt to contact the service provider on site. If this contact cannot be established, the
OCC shall contact appropriate Pattern personnel to determine an appropriate plan of
action based on the suspected emergency.
1.3 External Communications
1.3.1 In an emergency situation, the OCC shall ensure all applicable parties of the
interconnect, scheduling agents and neighboring utilities are contacted and informed of
the emergency.
Page 1 of 3
Last Revised: MM DD YYYY
SCHEDULE "A"
• Pattern
1.3.2 Communciation with emergency response teams such as the local fire department, local
law enforcement and others is executed in accordance with SMS 504 Emergency
Preparedness and Response Appendix A Emergency Action Plan.
1.3.3 Inquiries from non - Pattern personnel or external contacts that are not part of emergency
response and restoration efforts should immediately be referred to the Director, Asset
Operations & Maintenance.
1.3.4 Direct responsibility for external media interface will be delegated to Pattern's media
relations personnel. No other personnel should talk to the media.
1.3.5 Primary Emergency and other reporting contacts can be found in SMS 504 Emergency
Preparedness and Response Appendix A Emergency Action Plan and RMS 407
Communication and Reporting Contacts (all sites).
1.4 Emergency Response and Restoration Efforts
1.4.1 There are many types of emergency conditions that can interrupt service and affect
operations in a variety of ways. Included below are several classifications of major
emergencies and a general description of the response(s) to the particular emergency
condition.
1.5 Actual or Suspected Sabotage
1.5.1 All threats must be treated seriously by Pattern personnel and contractors. RMS 403
Sabotage Recognition and Reporting shall be considered and implemented as
appropriate.
1.5.2 Personnel and contractors shall adhere to the direction of local law enforcement. Should
evacuation of the affected facility be necessary, all involved personnel should contact
their immediate supervisor for details regarding a return to work.
1.5.3 If a disaster is caused by suspected sabotage, the Emergency Coordinator at site will be
the principal contact for the first responder, local law enforcement and OCC.
1.6 Natural Disasters Including Hurricanes, Tornadoes, Flooding and Other
1.6.1 In the event of a disaster, the onsite Emergency Coordinator shall notify Pattern
personnel by contacting the OCC and inform the OCC of the status on an ongoing basis
as practical.
1.6.2 Damage assessment should begin as soon as it is safe to do so. All damaged sites
must be secured including, if necessary, the disconnection of power and gas utilities by
qualified technicians. Back -up power sources should also be activated if necessary. In
addition, necessary safety zones must be established and caution signs posted as a
safety precaution for personnel and emergency personnel. Employees and first
responders need to be aware if there is a potential for toxic fumes.
1.7 Fire
1.7.1 In the event of a fire at a site including transformers, substations, or Wind Tower
Generators (WTGs), local fire officials shall be notified immediately. The onsite
,. `... rdin d LVI shall notify or shall ' p b . nt. L
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/' I UIII notify / f Q�lCl Pattenl �JeI JV1111C1 U�/ GVI dGlll ll�. LIC %JUL, CIIIU IIIVIIII
the OCC of the status on an ongoing basis as practical. Personnel, contractors and
first responders need to be aware if there is a potential for toxic fumes.
Page 2 of 3
Last Revised: MM DD YYYY I�. Cllli
SCHEDULE "A" lir Pattern
•
1.7.2 All damaged sites must be secured including, if necessary, the disconnection of power
and gas utilities by qualified technicians. Back -up power sources should also be
activated, if necessary. In addition, necessary safety zones must be established and
caution signs posted as a safety precaution for personnel and emergency personnel.
1.7.3 A site experiencing an emergency will coordinate restoration efforts with the applicable
parties of the interconnect (transmission operator, balancing authority and /or reliability
coordinator) and will make all reasonable efforts to restore operations as soon as
practical. Operators shall follow all directives issued by the applicable parties of the
interconnect. The site will be brought back online only after approval has been obtained
from the applicable transmission operator.
1.8 Training
1.8.1 The EOP shall be trained on in connection with training on SMS 504 Emergency
Preparedness and Response.
Page 3 of 3
Last Revised: MM DD YYYY
SCHEDULE "A" A:" Pattern
PANDEMIC PLAN
1. OBJECTIVE
The intent of the Pandemic Plan is to provide comprehensive guidelines for responding to a Pandemic
Declaration by Pattern, local health services, local emergency management, the Federal Emergency
Management Agency (FEMA), the World Health Organization (WHO) and /or the Centers for Disease
Control and Prevention (CDCC). All sites shall monitor their respective state or provinces' health
department advisories.
2. COMMUNICATION
2.1 The Director, Asset Operations & Maintenance, will be responsible for a Pandemic Declaration
at a site with the guidance from Site Management. Upon reviewing and verifying notifications
from local health services, local emergency management, FEMA, WHO and /or the CDCC, Site
Management will notify personnel, their families, local emergency management agencies, the
media (through Pattern's media relations personnel), and suppliers and vendors as necessary.
3. HYGIENE
3.1 In response to a Pandemic Declaration, Site Management may impose hygiene controls on all
areas of the site occupied or used by personnel. Additional attention will be given to equipment,
door handles, restrooms, telephones, keyboards, keypads, file drawer handles and test
equipment that see used by multiple people. Particular attention will be made to all new
deliveries that arrive at the site immediately after the Pandemic Declaration.
3.2 Site Management will maintain hygiene supplies in suitable quantities to maintain an enhanced
hygiene program. Supplies will be routinely rotated for general use and for exercises /drills to
ensure a working shelf life. The following list may be required, but is not limited to:
3.2.1 Hygienic solutions including medical grade alcohol, household bleach, anti -germ
cleaners and air sprays
3.2.2 Cloth and paper cleaning towels
3.2.3 Disposable paper uniforms and slippers
3.2.4 Latex gloves
3.2.5 Drawstring trash bags
3.2.6 Bottled water
3.2.7 Air /microbial masks
3.2.8 Over - the - counter drugs to reduce symptoms and promote recovery
3.3 Site Management may impose stringent hygiene rules that all personnel at the site must follow,
such as:
3.3.1 All common areas will be cleaned on a regular basis with anti -germ cleaners and
treated with anti -germ air sprays.
3.3.2 All used cleaning supplies will be stored away from secured facilities and personnel.
Used cleaning supplies will be removed to a qualified health handling service and safely
disposed.
Last Revised: Page 1 of 2
MM DO YYYY
SCHEDULE "A" a:. . : Pattern
4. INCOMING SUPPLIES AND EQUIPMENT
4.1 Incoming supplies and equipment or any other type of deliverable(s) that arrive at the site
immediately after the Pandemic Declaration may be required to be cleaned with anti -germ
cleaners before being distributed.
4.2 All suppliers and vendors including transportation /delivery services must provide a statement of
compliance and their pandemic procedures to Pattern personnel before their goods and
services will be received.
5. TRAINING
5.1 The Pandemic Plan shall be trained on in connection with training on SMS 504 Emergency
Preparedness and Response.
Last Revised: Page 2 of 2
MM DD YYYY
• •
SCHEDULE "A" se: Pattern •
• HURRICANE RESPONSE AND RECOVERY PLAN
1. OBJECTIVE
The intent of the Hurricane Response and Recovery Plan is to provide a guide for precautions and
actions required if a site is the target of a severe storm /hurricane. The focus is on safe -site restoration
and limited affects on environment contamination. The guidelines effectively address how to return
offsite personnel, availability of supplies, and mobilization of resources needed for restoration.
2. PREPARATION
2.1 Prior to each hurricane season (June 1) all sites in areas affected by hurricanes shall ensure
that in the event re -entry authorizations are required to enter after a hurricane, Site
Management is cleared.
3. RECOVERY: PHASE 1
3.1 Conduct initial site assessment (e.g. via aerial survey to view and assess the entire site using
site map and aerial photos as they materialize) to inventory and document damage sustained
to determine actions required for a safe return of all necessary personnel.
3.2 As soon as possible and practical, contract an environmental cleanup service vendor to
coordinate the removal and proper disposal of debris and contaminated materials.
3.3 The environmental cleanup services vendor will also coordinate with the staging and storage of
cleanup material that will be maintained for emergency response activities.
4. RECOVERY: PHASE 2
4.1 Site Management shall conduct an initial land -based site assessment to determine the level of
site remediation.
4.2 The following areas shall be considered:
4.2.1 Debris (non- hazardous materials)
4.2.2 Blades
4.2.3 Tower parts
4.2.4 Nacelle parts
4.2.5 Petroleum contamination (non- hazardous material with soil remediation)
4.2.6 Turbine oil
4.2.7 Pad -mount transformer oil
4.2.8 Main power transformer oil
4.2.9 Blade pitch hydraulic oil
4.2.10 Turbine radiators (hazardous material clean up)
4.2.11 Radiator has been ejected from top of nacelle
4.2.12 Check if ejected radiator is leaking ethylene glycol
4.2.13 Power lines (treat as energized state)
4.2.14 Conductors
4.2.15 Fixtures
4.2.16 Poles
4.2.17 Facilities
4.2.18 O &M building
4.2.19 Warehouse
4.2.20 Oil storage pad
Page 1 of 2
Last Revised: MM DO YYYY
SCHEDULE "A" •: Pattern
4.2.21 Substation
5. RECOVERY: PHASE 3
5.1 A two - person team will evaluate the O &M building and warehouses, substations and oil shed,
and establish a command post.
5.2 A two - person (minimum) team will begin field assessment using site map, area assessment
forms, camera and GPS for recording damages.
5.3 One person shall act as safety observer for those performing fieldwork activities.
5.4 Site assessments will only be conducted during daylight hours. The teams must leave the area
at least one hour before nightfall.
5.5 The following materials are recommended to be obtained prior to conducting a land -based
survey:
5.5.1 First aid kit
5.5.2 Snake bite kit
5.5.3 AED
5.5.4 Mosquito spray
5.5.5 Cell phone and charger /spare battery
5.5.6 Cameras with extra storage media
5.5.7 Sun block
5.5.8 Reinforced rubber boots
5.5.9 Gloves
5.5.10 Site map and GPS
5.5.11 Access credentials
5.5.12 One day supply of water, food, toiletries
5.5.13 Four wheel drive vehicle, with full size spare tire
5.5.14 Two 5- gallon metal gas cans and funnel
5.5.15 Flashlights
5.5.16 Two pairs of binoculars
5.5.17 PPE: hard hat, safety glasses, visibility vest
5.5.18 Change of clothes for extra day assessment
5.6 The team shall perform the following actions:
5.6.1 Evaluate damage and environmental impacts
5.6.2 Communicate damage to OCC who shall notify other personnel within Pattern
5.6.3 Coordinate recovery with Site Management
5.6.4 Engineering inspections of turbine foundations and BOP equipment
5.6.5 Contract environmental response vendor if needed
5.6.6 Inform relevant contract counterparties, regulators, utilities and /or transmission
owner /operators of recovery schedule as required.
5.6.7 Initiate insurance recovery process through Pattern's insurance department.
5.6.8 Communicate recovery plan with land owners
5.6.9 Notify reportable spill qualities to the applicable environmental agencies
6. TRAINING
6.1 The Hurricane Response and Recovery Plan shall be trained on in connection with training on
SMS 504 Emergency Preparedness and Response.
Page 2 of 2
Last Revised: DD YYYY
NE
SCHEDULE "A" o Pattern
•
WEATHERIZATION PLAN
1. OBJECTIVE
The intent of the Weatherization Plan is to provide guidance and checklists regarding appropriate
seasonal preparation at a site to ensure operation within system limitations during extreme weather
conditions.
2. TIMING
2.1 Summer preparations should be performed each year by May 15.
2.2 Winter preparation shall be performed as appropriate depending on the location of the site.
Northern sites may need to perform winter preparation during September while tropical sites
may not need to perform these preparations until November.
3. SEASONAL GENERATOR RESOURCE PREPARATION CHECKLIST
3.1 The seasonal generator resource preparation checklists (Attachments A and B) note applicable
action items in preparation of the upcoming season.
3.2 Any action items noted on either checklists should either completed before each respective
season or, if not practical, as soon as possible thereafter. If a checklist cannot be completed on
time due to open action items, the open items will need to be listed in the comments section of
the checklist and then the actual date of completion once that occurs. These should also be
added to the site's CMMS.
3.3 If any discrepancies are noted on either checklist, the Facility Manager shall issue a "Lessons
Learned" to all operations personnel after the discrepancy is corrected.
4. DRILLS
4.1 Depending on a site's location, there may be other plans or drills that are required to be
conducted. If these are performed on defined intervals, they will need to be added to the site's
CMMS. In CMMS, a note will need to be added that contains what the plan or drill
encompasses as well as all parties that need to be informed of the plan or drill.
4.2 Should any third parties offer participation in seasonal drills, it is recommended all site
personnel participate.
5. TRAINING
5.1 The Weatherization Plan shall be trained on in connection with training on SMS 504 Emergency
Preparedness and Response.
Page 1 of 4
Last Revised:MM DD YYYY
SCHEDULE "A" •
:�' Pattern
Attachment A: Weatherization Plan
Summer Generator Resource Preparation Checklist
Date: Time:
Reviewed previous summer's events /issues and applied any applicable
Lessons Learned? Yes / No / NA
Is there any exposed underground collection cable? Yes / No / NA
If yes, please list areas that are exposed and verify they are no longer exposed:
Are cooling fans operational on the main power transformer(s)? Yes / No / NA
Are oil levels at an acceptable level on the main power transformer(s)? Yes / No / NA
Are cooling fins on main power transformer(s) in good condition? Yes / No / NA
Are /Is the air conditioner(s) for the control house operational? Yes / No / NA
Are /Is the air conditioner(s) for the SCADA room operational? Yes / No / NA
Are cooling fins on the turbine transformers in good condition? Yes / No / NA
Are oil levels at an acceptable level on the turbine transformers? Yes / No / NA
Are turbine coolant levels at an acceptable level? Yes / No / NA
Does the site have a backup generator? Yes / No / NA
If yes, has it been tested for functionality? Yes / No / NA
Comments:
Page 2 of 4
Last Revised:MM DD YYYY
• •
SCHEDULE "A" • : Pattern
Attachment B: Weatherization Plan
Winter Generator Resource Preparation Checklist
Date: Time:
Reviewed previous winter events /issues and applied any applicable
Lessons Learned? Yes / No / NA
Are there any exposed components on site that need additional insulation? Yes / No / NA
If yes, please list components and verify that insulation was added as needed:
Is there any exposed underground collection cable? Yes / No / NA
If yes, please list areas that are exposed and verify they are no longer exposed:
Are snow removal services identified and available? Yes / No / NA
Have the oil hydraulic heaters for each turbine been plugged in? Yes / No / NA
Have all of the heaters inside the turbine been verified for operation? Yes / No / NA
If there is cooling equipment at the site, are the radiators disabled? Yes / No / NA
Are oil levels at an acceptable level on the main power transformer(s)? Yes / No / NA
Are cooling fins on main power transformer(s) in good condition? Yes / No / NA
Are circuit breaker heaters operational? Yes / No / NA
Are circuit breaker gas pressures at an acceptable level? Yes / No / NA
Are oil levels at an acceptable level on the turbine transformers? Yes / No / NA
Are cooling fins on the turbine transformers in good condition? Yes / No / NA
Are turbine accumulator pressures at an acceptable level? Yes / No / NA
Does the site have a backup generator? Yes / No / NA
If yes, has it been tested for functionality? Yes / No / NA
Does the site have food and emergency supplies in the O &M building? Yes / No / NA
Do site personnel have proper supplies needed in their vehicles to be able to travel
winter roads? Yes / No / NA
If temporary lodging becomes necessary during a winter storm, is there a plan
in place for those arrangements? Yes / No / NA
Page 3 of 4
Last Revised:MM DD YYYY
SCHEDULE "A" •
••y Pattern
Comments:
Page 4 of 4
Last Revised:MM DD YYYY
SCHEDULE `B"
Airport Vicinity Mapping
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1 II DAY OF February, 2003.
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MAYOR Larry Kraemer
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SCHEDULE "C"
Site Guidelines
Excerpt of Section 4 of Kincardine Municipal Wind Generation System Development Policy,
adopted April 13, 2011 (Policy No. PD.1.9).
[See attached]
20
SCHEDULE "C"
PD 1.9 Municipality of Kincardine Wind Generation System Development
4. SITE GUIDELINES:
Council will evaluate the suitability of the location and land use
compatibility of proposed commercial wind generating systems and
require the following:
Commercial Wind Generation Systems are permitted in Rural Areas and
may be permitted in Agricultural Areas where they can be located on land
of lower agricultural capability or ensure the continued use of prime
agricultural land for farm use and minimize the loss of production farm
land.
A detailed site plan for each property that is identified as part of the
project.
The Municipality of Kincardine has established the following General
Provisions for Wind Generation Systems.
(These are minimum setbacks and greater setbacks that are required by
Provincial legislation or as a result of a health study shall prevail).
Site Provisions:
Feature Provision
1 'CWGS' Minimum Setback to: `Rural 3000 metres
Recreation Area', Primary Urban
Community' or `Secondary Urban' Area
Boundary as defined in the Municipality
of Kincardine Official Plan
2 `WGS' minimum Setback to: Hamlets, 2750 metres
Inland Lakeshore Residential or Estate
Residential etc. or structures
designated for human habitation as
defined in the Municipality of
Kincardine Official Plan /County of
Bruce Official Plan
3 `WGS' minimum setback to: `Rural 800 metres
Residence' either participating or non
participating
4 `WGS' Minimum setback to: County or 1.25 times the `Total WGS Height' from
Provincial road or highway the right -of -way line.
5 `WGS' Minimum setback to: Front Yard `Total WGS Height' minus 10 metres
or Exterior Side Yard
6 `WGS' Minimum setback to: Interior 1.0 times the `Total WGS Height"
Side Yard or Rear Yard of Non -
Participating Properties
7 `WGS' Minimum setback to: Interior Length of turbine blade plus 5 metres
Side Yard or Rear Yard of participating
properties if the abutting landowner is
participating.
8 Minimum setback for `Wind Generation 10 metres from all lot lines or in
System Accessory Facilities' (buildings accordance with the setback provisions
and structures only) for buildings /structures adjacent to a
Provincial or County road, whichever is
greater
9 Maximum `Total WGS Height' Measured from average grade to the
uppermost extension of any blade, or
maximum height reached by any part of
the turbine whichever is greater.
10 Signs /Advertising /Logos No advertising sign or logo on any
`WGS "; no more than 2 project
identification signs not to exceed 1.49
square metres in area or 2.44 metres in
height.
SCHEDULE "D"
Complaint Resolution Process
[See attached]
21
Schedule "D"
COMPLAINT RESOLUTION PROCESS
1.0 PURPOSE
The Complaint Resolution Process is based on the principle that two parties should work together
to resolve their disputes. This process provides a protocol for neighbours of the Armow Wind
Project to work to resolve concerns. The protocol is intended to expeditiously address concerns
locally and encourage positive relationships within the Municipality. The process will commence
at the date of commissioning of the wind farm and continue for the life of the project.
2.0 RESOLUTION PROTOCOL
2.1 Neighbour(s) Complaint Resolution
Notification:
2.1.1 SP Armow has established a call -in telephone number, , where comments can be
received and recorded twenty -four hours a day, seven days a week. The Operator at the wind farm's
operation office in Kincardine, Ontario will receive the calls during business hours of Mon -Fri from
8:30AM- 4:30PM. The message center will advise the caller of an emergency number to be used if
they need immediate contact with the on -call operator. The call -in telephone number is made
publically available.
2.1.2 SP Arnow will respond to the complaint by telephone within one business day. Upon discussions
with the resident and documentation of all pertinent data, SP Armow will schedule a site visit at an
appropriate time with the resident. SP Armow commits to setting up the meeting within two
business days of the phone contact, provided availability of the complainant.
For Noise Complaints:
2.1.3 For complaints related to noise, SP Armow will notify the Ontario Ministry of
Environment ( "MOE ") in writing (including via e-mail) of the resident's complaint
within two business days of receiving the complaint and, as soon as possible thereafter,
will advise the MOE of the actions being implemented. For complaints that are made to
the MOE, SP Armow will provide weather conditions and operational data as requested
by the MOE. Unless and to the extent specifically instructed otherwise by the MOE, for
noise complaints SP Armow shall follow the MOE Compliance Protocol for Wind
Turbine Noise (which can be referenced at the following location:
http : / /www.ontario.ca /environment- and - energy /compliance - protocol- wind - turbine - noise)
The following processes are directly extracted from the MOE protocol and will be amended when
there are changes to the protocol.
2.1.4 Where a preliminary quantitative screening is determined to be required, the Ministry of
Environment will conduct an initial screening to focus on compliance issues related to
conditions and parameters used in the approval process. Based on the results from the
qualitative screening, a decision can be made whether to perform quantitative screening or
carry out detailed acoustic measurements at the site of the complainant.
2.1.5 Where quantitative screening is determined to be required, the Ministry of Environment will
conduct a short-term attended acoustic measurement and /or acoustic recording at the
complaint receptor to determine if detailed acoustic measurement is needed to assess
compliance with noise limits. The objective is to determine the wind turbine equivalent
sound level at a point of reception. It is recommended that the attended screening
measurements be carried out at times when the background sound level is very low. To the
extent possible, the measurements should be performed at times when wind turbines operate
near maximum output capacity while wind speeds at ground elevation (height of 4.5 m or
less) are low, optimally not exceeding 3 m/s with a 4 m/s maximum. A qualitative screening
will be conducted as per Part C of the "Compliance Protocol for Wind Turbine Noise."
2.1.6 If the results collected during the qualitative screening confirm that additional testing is
warranted, SP Armow will contract the services of professional staff or arrange for third
party training for SP Armow employees and have the employee install an ambient sound
monitor complete with wind measurement equipment at the resident's home as per section
D of the "Compliance Protocol for Wind Turbine Noise." Test data collected over the test
period as agreed to by SP Armow and the resident will be analysed by third party
professional staff as per section 05.5 of the of the "Compliance Protocol for Wind
Turbine Noise." The company contracted by SP Armow will be instructed to prepare a
report as soon as is practical following the completion of testing. SP Armow will share
this report with the resident and the MOE. If the test equipment is installed at another
resident's home within the project area, the testing will be completed as soon as the
equipment becomes available.
2.1.7 Where the assessment identifies the need for mitigation measures, SP Armow shall
implement these actions at a date mutually agreeable to SP Armow, the MOE, and the
complainant.
2.1.8 If the testing confirms that SP Armow is compliant with the Certificate of Approval, no
further action will be taken by SP Armow. The resident will be asked to acknowledge, in a
letter, all site visits, impact assessments and mitigation measures taken, if any, to resolve
the issue, within 30 days of the complaint resolution. Where no written acknowledgement
is received within the time frame, it will be determined the issue is resolved.
For Electrical Related Concerns:
2.1.9 The resident is required to call Hydro One Remote Communities Inc. ( "Hydro One ") at 1-
888- 664 -9376 and indicate they are experiencing a power quality problem and explain what
the concern is. Examples include the following:
• Flickering lights - include time frame, is it all your lights or a specific light.
• Harmonics - explain whether it's buzzing from a line, if an expert identified a
problem, was testing completed, etc. do you have readouts to provide to field staff
on first visit?
• Voltage related - either high or low
• Shocks -Off bonded equipment like sinks, showers, pools or hot tubs
If any project site or project related testing is required by Hydro One, SP Armow will
undertake commercially reasonably efforts to cooperate with Hydro One to determine the
source of the concern, subject SP Armow's legal, regulatory and project permitting
obligations, including with respect to (but not limited to), requirements imposed by the
Independent Electricity System Operator, the Ontario Energy Board, the Electrical Safety
Authority and the MOE.
For All Other Types of Complaints:
2.1.9 A preliminary site visit investigation will be conducted under similar conditions
experienced by the resident. Consideration will be given to wind speed, wind direction,
sunlight intensity, sunlight direction, time of day, precipitation and other relevant
conditions. SP Armow will conduct an internal assessment within ten business days of the
site visit investigation, provided that the complainant is available and no adverse conditions
exist at the site.
2.1.10 SP Armow will, within ten business days of the preliminary site visit investigation,
complete a Contact Action Monitoring Report (in a form agreed to by the parties) that
identifies the complaint, confirms the site visit, provides an analysis of the preliminary
results and determines if any of the impact(s) exceeds the relevant standard. SP Armow
commits to meet with the resident as soon as reasonably possible after the report is
complete to share the data collected.
2.1.11 If the results collected during the preliminary testing confirm that an additional
investigation is warranted, SP Armow will conduct additional testing or contract the
services of professional staff or arrange for third party training for SP Armow employees.
2.1.12 Where the investigation identifies the need for mitigation measures, SP Armow shall
implement these actions at a date mutually agreeable to all parties.
2.2 Ministry of the Environment Resolution
2.2.1 The resident has the option of registering all types of complaints with the MOE at the
address and phone numbers listed below:
Ministry of the Environment
Owen Sound Area Office
1580 20th Street E Owen Sound, ON
1- 800 - 265 -3783
519- 371 -2901
Spills Action Centre: 1- 800 - 268 -6060
3.0 IMPLEMENTATION
This Complaint Resolution Process is intended to address concerns between neighbours and wind
farm operators quickly and in a cost effective manner. This process is voluntary for all participants
on the basis that it is in everyone's interest to resolve matters prior to complex and costly
alternative processes.
The information collected with respect to the complaint, assessment, mitigation measures and any
mediation reports shall be maintained by SP Armow through the life of the project. This resolution
process will help residents in the Project Area understand the nature, response and mitigation
measures for the complaints received.
This Complaint Resolution Process will be reviewed annually or more frequently if required, after
commissioning of the wind farm, to determine opportunities for improvement.
4.0 CONTACT ACTION MONITORING
-- Forms to be created --
SCHEDULE "E"
2014 Rates & Fees By -law
[See attached]
22
SCHEDULE "E"
2014
CONSOLIDATED RATES AND
FEES BY -LAW
BY -LAW NO. 2013 - 141
■
mArne z by: By -law No. 2013 -151 /November 20, 2013 — Amendment #1- Schedule `0
Amended by: By -law No. 2013- 160 /December 18, 2013 — Amendment #2- Schedule `Q'
Amended by: By -law No. 2014 -030 /March 19, 2014 — Amendment #3- Schedue `A'
Amended by: By -law No. 2014- 043 /April 9, 2014 — Amendment #4- Schedule `E'
Clerks Doc — Records Clerk - Laserfiche
SCHEDULE "E"
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
n
BY-LAW
NO, 2013 - 141
BEING A BY-LAW TO ESTABLISH RATES AND FEES FOR SERVICES
PERFORMED BY THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 391 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended,
• authorizes municipalities to pass by-laws imposing fees or charges on persons,
(a) for services or activities provided or done by or on behalf of it;
(b) for costs payable by it for services or activities provided or done by or on behalf of
any other municipality or any local board; and
(c) for the use of its property including property under its control.
AND WHEREAS municipal Councils have the authority to establish rates and fees under
various acts;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That the Council of the Municipality of Kincardine does now set the rates and fees for
services described in the schedules attached to this by-law as Schedules A to P.
2. That Schedules A to P attached hereto form part of the by-law.
3. That By-law No. 2012-140, By-law No. 2012-149, By-law No. 2013-002, By-law
2013-006, and By-law No. 2013-051 be hereby repealed.
41Io That this by-law shall supercede any previous by-law inconsistent with the provisions
contained herein.
5. That the rates and fees as set out in Schedules A to P come into effect January 01,
2014.
6. That this By-law may be cited as the "2014 Consolidated Rates and Fees By-law".
READ FIRST T �O time this 6 day of November, 2013.
i J Mayor Clerk
READ a THIRD time a = FINALLY PASSED this 6th day of November, 2013.
r
A 90
Mayor
Clerk
SCHEDULE "E"
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Ar
it ie 701 t
i
%V. imipp )•1,0
"iit 4 Ar,
440 Purr (00 6
BY-LAW
NO. 2013 - 151
BEING A BY-LAW TO AMEND BY-LAW NO. 2013-141; BEING A BYLAW TO ESTABLISH
RATES AND FEES FOR SERVICES PERFORMED BY THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues and a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 391 (1) of the said Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons, for services or activities provided or done by or on behalf of
it;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the
passage of By-Law No. 2013-141, established rates and fees for services performed by the
Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it
necessary to amend Schedules '0' of By-law No. 2013-141;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS
as follows:
1. That Schedule '0' of the Municipality of Kincardine 2014 Consolidated Rates and Fees
By-law No. 2013-141 is hereby repealed and replaced with the attached Schedule.
2. That this by-law shall come into full force and effect upon its final passage.
3. That this By-law may be cited as the "2014 Consolidated Rates & Fees Amendment (1)
By-law".
READ a FIRST and SECOND time this 20 day of November, 2013.
cf7...(:,......,......... ar..,....tkaitz,u
476 1;;or Clerk
READ a THIRD time and FINALLY PASSED this 20 day of November, 2013.
l ayor Clerk
SCHEDULE "E"
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
1 3
%IA '
'W • 1 41,
•
"
BY-LAW
NO, 2013 - 160
BEING A BY-LAW TO AMEND BY-LAW NO. 2013-141; BEING A BYLAW TO ESTABLISH
RATES AND FEES FOR SERVICES PERFORMED BY THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
• provides that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues and a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 391 (1) of the said Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons, for services or activities provided or done by or on behalf of
it;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the
passage of By-Law No. 2013-141, established rates and fees for services perfomied by the
Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it
necessary to amend By-law No. 2013-141 with the addition of Schedule Q;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS
as follows:
1. That the Municipality of Kincardine 2014 Consolidated Rates and Fees By-law No.
2013-141 is hereby amended to include the attached Schedule Q.
2. That this by-law shall come into full force and effect upon its final passage.
3. That this By-law may be cited as the "2014 Consolidated Rates & Fees Amendment (2)
By-law".
READ a FIRST and SECOND time this 18th day of December, 2013.
0
tfa
Mayor Clerk
READ a THIRD time and FINALLY PASSED this 18 day of December, 2013.
Clerk
SCHEDULE "E"
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Fly ,c;-7A76 .
BY-LAW
NO. 2014 - 030
BEING A BY-LAW TO AMEND BY-LAW NO. 2013-141; BEING A BYLAW TO ESTABLISH
RATES AND FEES FOR SERVICES PERFORMED BY THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues and a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 391 (1) of the said Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons, for services or activities provided or done by or on behalf of
it;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the
passage of By-Law No. 2013-141, established rates and fees for services performed by the
Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it
necessary to amend Schedules 'A' of By-law No. 2013-141;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS
as follows:
1. That Schedule 'A' of the Municipality of Kincardine 2014 Consolidated Rates and Fees
By-law No. 2013-141 is hereby repealed and replaced with the attached Schedule "A".
2. That this by-law shall come into full force and effect upon its final passage.
3. That this By-law may be cited as the "2014 Consolidated Rates & Fees Amendment (3)
By-law".
READ a FIRST and SECOND TIME this 19th day of March, 2014.
READ a THIRD TIME and FINALLY PASSED this 19th day of March, 2014.
g.1140‘..Z
44— j --- Mayor Clerk
4111
SCHEDULE "E"
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
r
1110
w„,
BY-LAW
NO. 2014 - 043
BEING A BY-LAW TO AMEND BY-LAW NO. 2013-141; BEING A BYLAW TO ESTABLISH
RATES AND FEES FOR SERVICES PERFORMED BY THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
• provides that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues and a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 391 (1) of the said Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons, for services or activities provided or done by or on behalf of
it;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine, with the
passage of By-Law No. 2013-141, established rates and fees for services performed by the
Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it
necessary to amend Schedules 'E.' of By-law No. 2013-141 to include the Vending/Mobile
Business Licence Fee;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS
• as follows:
1. That Schedule 'E' of the Municipality of Kincardine 2014 Consolidated Rates and Fees
By-law No. 2013-141 is hereby repealed and replaced with the attached Schedule "E".
2. That this by-law shall come into full force and effect upon its final passage.
3. That this By-law may be cited as the "2014 Consolidated Rates & Fees Amendment (4)
By-law".
READ a FIRST and SECOND TIME this 9th day of April, 2014.
READ a THIRD TIME and FINALLY PASSED this 9th day of April, 2014.
t ,„„J 4 4l A 4. —foal& 1111
Mayor Clerk
4110
SCHEDULE "E"
SCHEDULE 'A'
2014 CONSOLIDATED RATES AND FEES BY-LAW
By-law 2013-141 (Amended by By-law 2014 - 030)
Page 1 of 24
40 2014 Fee Subject to
applicable
taxes
A. Administration Fees
, 1 Commissioning of oaths $11.33 V
2 Certification of any document (plus cost of photocopy, if necessary) $11.33 V
3 Request for investigation re: dosed meeting $29.87 V
4 Preparation of document generals $79.57 V ,
5 Photocopies (per copy) $0.64 V
Large format 24 x 36 -Black (per copy) $15.45 V
Large format 24 x 36 -Colour (per copy) $25.75 V
6 Information search (minimum charge 1 hr) $43.25 /hr V
7 Charge for NSF cheques $41.25
8 Tax certificate $40.00
9 Water certificate $35.00
10 Zoning Compliance Certificate $83.00
11 Marriage Licence $125.00
12 Tax History Printout/Income Tax Receipt $16.00
13 Duplicate copy of tax bill $16.00
14 Retrieved and returned post-dated cheques $16.00
15 Line Fences Administration Fee
• $106.00
6 Tile Drain Inspection Fee $106.00
7 Outdoor Patio Application $200.00 V
18 Outdoor Patio lease $0.25 /sq ft per V
month
0
III
SCHEDULE "E"
SCHEDULE 'B'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 2 of 24
IP Sublect to
2014 Fee applicable
taxes
8. Building, Plumbing and Septic Fees
1 Building Permit Basic Min. Fee $82.50
a. New building (greater than 108 square feet) $0.64 /sq. ft.
b. New buildings (greater than 108 square feet)that will have a finished cellar shall pay an
additional surcharge for each square foot of cellar area $0.28 /sq. ft.
c. New accessory buildings (greater than 108 square feet) $0.28 /sq. ft.
d. Green houses (polyhouses) $3.80 /$1,000
2 a. Additions, renovation, repairs to existing buildings $ 82.50 flat rate plus
$9.00/$1,000 estimated cost of
construction
b. Additions to existing accessory bldg. $0.28 /sq. ft.
c. Alteration, renovation to accessory bldg. $ 82.50 flat rate plus
$9.00/$1,000 estimated cost of
construction
3 Swimming pools (above- or -in- ground) $82.50
4 Chimneys and fireplaces $82.50
5 All new livestock facilities $0.28 /sq. ft.
6 All new Implement, Hay & Nutrient Storage, Non - livestock farm structures $0.22 /sq. ft.
7 Additions or renovations to farm buildings excluding dwellings but including tarp structures $ 82.50 flat rate plus
$9.00/$1,000 estimated cost of
construction
8 All buildings, used for purposes of public service by any department of the Government of $ 9.60/1,000 up to $2,214,500
Canada or the Province of Ontario, including a Board of Education or any telephone, railway, $6.75/1,000 from $2,214,501 to
gas and electrical utilities company including Bruce Nuclear Power Development site and $11,000,000 $5.50/1,000 over
renewable energy excluding commercial wind turbines. $11,000,000
9 Demolition of a building or portions there and /or septic systems $82.50
10 Commercial wind turbines $22.66/$1,000 estimated cost of
construction
0 a. Sign permit (those signs regulated by the OBC and the Municipality of Kincardine sign by -law) $82,50
b. Exemption to Sign By -law requiring Council approval $100.00
12 Tent Permit $82.50
13 Change of Use permit (inspection of building in which occupancy is changed to more $100.00
hazardous, refer to OBC)
14 Occupancy permits ( as per OBC) $100.00
15 Permits issued after commencement of work - Regular Permit Fee + (50 % of Regular Permit 150% of reg. fee
Fee)
16 Miscellaneous inspections $82.50
17 Moving permits for buildings $82.50
18 Transfer of Permit for any permit structure or sewage system (excluding design revision) $103.00
19 Additional Review of approved plans $100.00
20 Lot grading verification $390.00
el
SCHEDULE "E"
SCHEDULE 'B'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 3 of 24
Subject to
B. Building, Plumbing and Septic Fees Con't 2014 Fee applicable
0 taxes
21 Refundable Building Deposits
a. Buildings with up to 3 units $1,000.00
b. Buildings with more than three units in 1 structure $500.00 /unit
c. Project with more than one building — first three $1,500.00
- each additional building 5500.00
d. Grading/Damage deposit ($100.00 non - refundable) $2,500.00
22 Refundable guarantee deposit of demolition of second house when a new house is being
built on the same parcel of land ($100.00 non- refundable) $2,500.00
23 Moving Deposit fee (returnable if no damage to Municipal property has incurred) 51,000.00
24 Plumbing Permit Fees
a. Plumbing Permit Basic Fee (Exclusive of building drain and a building sewer) $82.50
- per fixed unit $4.80
b. Inspection of a building sewer:
- For the first 100 feet 56.40
- For each 100 feet thereafter $4.25
c. Inspection of building drain $6.40
il d. Inspection of a sewer connection and /or storm sewer $82.50
l e. Inspection fee for sewage injectors Equal to three fixture units
f. Alterations to plumbing without addition of fixtures, inspection fee 57.50
g. Inspection of factory-built home Basic fee + $27.80 + fixture fees
if applicable
h. When plumbing inspector is notified that any plumbing is ready for inspection and the
same is not ready when the plumbing inspector intends to inspect the same or if the
plumbing fails to conform to any requirements to which the same is bound to conform, an
additional fee for each additional inspection or visit by the plumbing inspector will be $82.50
required in the amount of
25 Sewage System Fees
a. Class 2,3 new /replacement system $237.00
b. Class 4,5 new /replacement system $556.00
c. Class 4 or 5 tank replacement only 5320.00
d. Class 4 leaching bed repair $320.00
e. Building Alteration /Change of Use* $210.00
* A 5210 credit shall be applied to a new sewage permit application in cases where a building alteration appraisal has required a new or
altered sewage system to be installed
•
el
SCHEDULE "E"
SCHEDULE `C'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013441
Page 4 of 24
4110 Sto
C PLANNING CHARGES 2014 Fee Applicable bi o
Taxes
1 Site Plan application fees:
a. Development requiring review of municipal engineer (minor application $2,000.00 deposit,
intermediate application $5,000 deposit, major application $10,000.00 deposit, balance to Actual Cost
be refunded)
b. Administration Fee Minimum fee is the greater of
10% of Actual Costs in 1(a) or
$281.40
c. Updates requiring Council approval $100.00
2 Development Application fees
a. Development requiring review of professional consultants ($20,000 deposit balance to be Actual Cost
refunded)
b. Administration Fee 10% of the Actual costs in 2 (a)
to a maximum of $3,000
c. Administration Fee - Renewable Energy Projects 10% of the Actual costs in 2 (a)
3 By -law under section 50 (4) of the Planning Act to deem a plan or part of a plan not to be a $848.75
registered plan (per application)
4 Part-lot Exemption control By -law under section 50 (7) of the Planning Act (per $848.75
application)
5 By -law to remove "h" holding zone (per application) $133.00
6 Encroachment agreement processing (per agreement) $133.00 ✓
7 Spoiling description on Lot of Record $1000 deposit for actual costs (legal and survey) $133.00
8 Application Review Fees
a. Consultation on Renewable Energy project $500.00
Projects greater than 10kW
Solar PV, bioenergy, water $530.50 /per project
Wind Turbine per turbine $530.50 /per turbine
Projects equal or Tess than 10kW n/c
b. Official Plan Amendment $132.00
c. Zoning By -law Amendment $132.00
d. Severance /Consent including Easements and Right of Way $132.00
e. Minor Variance $132.00
f. Condominium request $132.00
0 g. Joint Application (combination of any two above) $164.00
9 Sewage System Review
a. Official Plan Amendment No charge
b. Zoning By -law Amendment $132.00
c. Consent (severance) per each new lot created $132.00
d. Minor Variance $132.00
e. Joint Application (combination of any two above) $164.00
f. Draft Plan of Subdivision Note: 0.3 meter reserve blocks shall not be included in the $50.00 per each lot or block,
calculation of the number of blocks. Minimum flat fee for $500 to a
max of $6000
g. Draft Plan of Condominium $515.00
h. Private Multi -Lot Residential Development (as an OPA and /or ZBA) $50.00 per each
unit (parcel) or
block. Minimum
flat fee for $500
i. Other types of applications not noted above $132.00
j. Technical Assistance Actual Costs
el l All the applications that involve Legal and Engineering requires the applicant to cover actual costs
SCHEDULE "E"
SCHEDULE 'C'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 5 of 24
Subject to
C PLANNING CHARGES Con't 2014 Fee Applicable
Taxes
41110
Parkland Charges
a.) Land proposed for development or redevelopment for commercial or industrial
purposes 2% of value of the land
b.) Land proposed for development in other cases 5% of value of the land
Maximum $642.00 per each
lot /unit created
12 Consent Deposit
Consent Deposit $250.00
100% refundable upon registration
50% refundable after 2 years not registered
13 Payment in Lieu of Parking
a. All qualifying C1 zoned properties $1.00 /per space
b. C1 properties where building has been altered to increase square footage of building used
for commercial purposes or use changes from residential to commercial
- less than 20 spaces - per space $1,442.00 j
- more than 19 spaces — per space $2,884.00
1111 c. Non - qualifying C1 zoned properties — per space $2,884.00
d. C1 properties where residential use intensifies $2,884.00
e. All other commercially zoned properties must provide physical parking spaces
f. Multi- residential redevelopment $2,884.00
g. All other residential zones would be determined for payment in lieu on a site specific basis
1
I
SCHEDULE "E"
SCHEDULE 'D'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 6 of 24
Subject to
0 D Cemetery Rates 2014 Fee Applicable
Taxes
1 In Ground Lots
Ratepayers:
a. Single grave (adult) - Land $400.00 ✓
- Care and maintenance $250.00 ✓
b. Single grave (infant) - Land $200.00 ✓
- Care and maintenance $150.00 ✓
c. Cremation lot - Land $200.00 ✓
- Care and maintenance $150.00 ✓
Non - Ratepayers:
d. Single grave (adult) - Land $500.00 ✓
- Care and maintenance $250.00 ✓
e. Single grave (infant) - Land $250.00 ✓
- Care and maintenance $150.00 ✓
f. Cremation lot - Land $250.00 ✓
- Care and maintenance $150.00 ✓
2 Columbarium Fees:
Each opening and closing fee $115.00 ✓
Ratepayer
a. First Row Niches (hold 2 urns) $935.00 ✓
ca b. Care & Maintenance $140.00 ✓
c. Second Row Niches (holds 2 urns) $1,120.00 ✓
d. Care & Maintenance $168.00
I f
e. Third Row & Above (holds 2 urns) $1,310.00
f. Care & Maintenance $196.00 ✓
Non - Ratepayer
g. First Row Niches (hold 2 urns) $1,168.00 ✓
h. Care & Maintenance $175.00 ✓
i. Second Row Niches (holds 2 urns) $1,400.00 ✓
j. Care & Maintenance $210.00 ✓
k. Third Row & Above (holds 2 urns) $1,636.00 ✓
I. Care & Maintenance $245.00 ✓
3 Interment and Miscellaneous Charges
Ratepayers and Non - Ratepayers
a. Transfer of ownership $25.00 ✓
b. Issuance of replacement certificate $25.00 ✓
c. Interment - adult $420.00 ✓
- infant (up to five years) $225.00 ✓
- cremated remains $115.00 ✓
d. Licence fee contribution *Effective July 1, 2014, this fee will increase to $12.00 $11.00
S Ratepayers and Non - Ratepayers
e. Additional charge for Saturday, Sunday and Holidays
- cremated remains $175.00 ✓
- adult and infant interments $320.00 ✓
f. Installation of concrete monuments $15.00 /cubic ft ✓
g. Storage $50.00 ✓
h. Disinterment and re- interment $1,200.00 ✓
Plus any other
costs
5 Monument Maintenance Rates Ratepayers and Non - Ratepayers
a. Flat markers over 173 square inches $50.00 ✓
b. $100.00 ✓
Upright marker 4 feet or Tess in height and 4 feet or less in length, including the base
c. Upright marker more than 4 feet in either height or length, including the base $200.00 ✓
6 Winter Burials Dec. 1- March 31
In- Ground Lots
a. Interment- adult $840.00 ✓
b. Infant (up to 5 years) $450.00 ✓
c. Cremated remains $230.00 ✓
S Columbarium
a. Each opening and closing fee $230.00 ✓
SCHEDULE "E"
SCHEDULE 'E'
���m�u
DATED RATES AND FEES BY-LAW
By-law 2013-141 (as amended by By-law 2014-043)
Page 7 of 24
Subject to
E. Licensing Fees 2014 Fee Applicable
Taxes
ID om�U���n�anmm�nwe|mmani�mmFees
a. For each of first three dogs per calendar year 514.75
b. For each additional dog per calendar year $26.50
c. After the first tax due date (normally March l' ) the fee in each of section F 1, 2 and 4 shall
have a surcharge of 50% of the fee. The late fee not to apply where the owner has had the
dog for Iess than three months.
d. Breeding keanel Licence per calendar year $95.25
.
e. Replacement dog tag or transfer to new dog $7.50 '
f. Boarding fees for all animals impounded (dogs o, cats) atvo�,inahans Vet Fees .
g. Provided that where the owner acquired the dog after expiration of 6 months of the year,
the Licence fee charge shall be one-half of the fee noted above, i
h. Dog Reclaim Fee 576.25
Hawkers and Peddlers Licence Fee
Per Licence per calendar year $618.00
Refreshment Vehicles Licence
Per Licence per calendar year 5340.00
0 Seasonal Mobile Watersport Equipment Licence
PerUcenceperca|endaryea, $340u0
Lottery, Raffle and Bingo Licence Fees
Charitable, non-profit events and community interest groups:
Bingo Licence — % of prize package of each bingo 1.50%
Maximum per licence $225.00
Maximum per year $450.00
Raffle — % of prize value for each raffle 1.50%
Maximum per raffle $450.00
Break-open tickets - % of prize value per box 1.50%
Bazaar (per wheel) $5.00
Publlc Hall Licensing, Per Calendar Vear
Item
Grade 1 - for a public hall having a Ucenced capacity of 1,000 person or over $100.00
Grade 2 - for a public hall having a Licenced capacity between 601 and 999 persons $93.00
0 �mde��o,apum/chanhavin�oUcen�dcapau�vb��we�mznoand�0upermns $78.00 .
Transfer of public hall Licence to new owner $34.00
Taxi Licensing, Per each 2 vear licensing period or part thereof
a. Owner/Driver (including one vehicle & one driver Licence) $103.00
b. Taxi broker $64.00
c. For each additiorial taxi cab owned by the same owner/driver $38.00
d. For each driver who is not an owner $33.00
e. For the renewal of a driver's Licence (if previously suspended) 514.00
f. For a replacement of a lost licence 514.00
n n i
SCHEDULE E
SCHEDULE 'F'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By-law 2013 -141
Page 8 of 24
Subiect to
0 F Taxi Rates Charged to Customers 2014 Fee Applicable
Taxes
a. For the first 1/10 of a kilometer or part thereof $3.70 ✓
b. For each additional 1 /10 of a kilometer or part thereof $3.00 ✓
c. For waiting time under engagement:
- for each minute $0.58 ✓
- for each hour $35.00 ✓
* HST to be charged /collected by Taxi company
III
40
II
SCHEDULE "E"
SCHEDULE '6'
2014 CONSOUDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 9 of 24
Subject to
411) G Rental Fees 2014 Fee Applicable
Taxes
1 Municipal Administration Centre:
Public Hall, Gordon Jarrell Board Room, Council Chambers
Full day $99.00 ✓
Half -day or evening $67.00 ✓
Cancellation Fee (less than 48 hours notice) $34.00 ✓
Combined Public Hall and Council Chambers
Full day $196.00 ✓
Half -day or evening $133.00 ✓
Cancellation Fee (less than 48 hours notice) $47,00 ✓
2 Library rooms:
No admission charged:
Full day 547.00 ✓
Half-day or evening $34.00 ✓
Admission charged:
Full day $72.00 ✓
Half -day or evening $47.00 ✓
0 3 Airport Facilities:
Meeting Rooms:
No admission charged:
Full day $46.45 ✓
Half -day or evening $23.48 ✓
Office Rent 569.42 per month ✓
Hanger $0.33 /sq. ft. ✓
Maintenance Building $1,390.50 per year
4 Bruce Township Community Centre, Underwood/1'
Resident: IIII
Bar, kitchen & auditorium, one bartender $326.00 ✓
Extra bartender (9 p.m. to 1 a.m.) $102.00 ✓
Bartenders (before 9 p.m.) $21.00 /hr ✓
Auditorium & kitchen (dishes included) $89.00 ✓
Auditorium & light lunch (some dishes incl.) $68.00 ✓
Saturday family dinners (kitchen & dishes incl.) 576.00 ✓
Sunday family dinners (kitchen & dishes incl.) $64.00 ✓
0 Day meetings $82.00 ✓
Card parties $34.00 ✓
Admission groups $68.00 ✓
No admission groups 547.00 ✓
Soft drink dispenser (pop included) $114.00 ✓
P.A. system $16.00 ✓
Fee for the right to enter the night before 5132.00 ✓
Non - Resident:
Bar, kitchen & auditorium, one bartender 5394.00 ✓
Extra bartender (9 p.m. to 1 a.m.) $102.00 ✓
Bartenders (before 9 p.m.) $21.00 /hour ✓
Auditorium & kitchen 5102.00 ✓
Auditorium & light lunch $88.00 ✓
Saturday family dinners $109.00 ✓
Sunday family dinners $79.00 ✓
Day meetings $82.00 ✓
Card parties $56.00 ✓
Admission groups $82.00 ✓
No admission groups $68.00 ✓
Dishes $34.00 ✓
Flatware 516.00 ✓
P.A. system $16.00 ✓
Fee for the right to enter the night before $132.00 ✓
"kis facility has an Auditorium, Kitchen, Committee Room, Bar, Air Conditioning, and Wheel Chair Accessible Washrooms.
"E"
/
n
SCHEDULE E
SCHEDULE 'G'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013441
Page 10 of 24
ISO Subject to
G Rental Fees Con't 2014 Fee Applicable
Taxes
5 Armow Women's Institute Hall :
Members:
Full day $20.00 ✓
Half -day or evening $15.00 ✓
Non - Members:
Full day $40.00 ✓
Half -day or evening $27.00 ✓
Use of kitchen facilities full day, half -lay or evening $8.00 ✓
6 Victoria Park Market
Seasonal Space (15 market days) $120.00 / season included
Daily Fee $20.00 Included
7 Station Beach Over - night Camping
(Only applies during the Kincardine Fish Derby Festivities)
Overnight Camping $15.45 /night Included
8 Kincardine Marina:
e Floating docks rentals:
up to and including 20 feet $928.32 ✓
up to and including 22 feet $1,021.02 ✓
up to and including 24 feet $1,113.72 ✓
up to and including 30 feet $1,392.26 ✓
up to and including 32 feet $1,485.40 ✓
up to and including 36 feet $1,670.80 ✓
up to and including 40 feet $1,856.19 ✓
Fixed docks rentals:
30 feet $1,114.16 ✓
40 feet $1,577.88 ✓
45 feet $1,775.44 ✓
Monthly Rentals
May June 30% of yearly rate per month ✓
July August 50% of yearly rate per month ✓
Sept. Oct. 30% of yearly rate per month ✓
Note: Only applies for one month durations during July and August. After one month,
manager may continue rental at daily rate. This option is subject to slip availability.
IP North Pier Rental (Only Commercial Fishing Vessels and Rescue Boat Operated by Municipality Allowed)
Commercial Fishing Vessels $954.87 ✓
Rescue Boat Free
Transient Rates:
A rate of $1.45 per foot per night plus taxes. (minimum 20 feet), seventh night is fret:
(Note 14 transient slips will be allocated in the marina, with a minimum of 7 slips being on
floating finger docks).
Administration Fees
Waiting List Fee $75.00 ✓
Bye Fee $100.00 ✓
Fish Derby Dock Rental Rate
Dock rental shall be the regular transient rate per night less 15% discount plus taxes. If a
slip is used for 10 nights, the charge shall be calculated based on 9 nights, with the 1d
night free.
Winter Storage:
Per season $250.00 ✓
III
o
SCHEDULE "E"
SCHEDULE 'G'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 11 of 24
4110 Subject to
G Rental Fees Con't 2014 Fee Applicable
Taxes
9 Kincardine Centre for the Arts
Green Room
- )4 day $33.62 ✓
- full day $54.42 ✓
10 BALL USER FEES
Payable by all groups wishing to hold a ball tournament, with the exception of those
groups that pay an annual user fee to the Municipality of Kincardine.
Evenings $72.12 ✓
Full Day $139.38 ✓
Once /week $1,526.99 ✓
Twice /week $2,442.04 ✓
Kincardine Minor Ball $3,054.87 ✓
Kincardine Minor Soccer $3,629.20 ✓
Kincardine Baseball Tournaments $358.41 ✓
Tiverton Baseball Tournaments $358.41 ✓
11 Davidson Centre Fees:
Kincardine Hall:
Daytime Mon. — Fri. $40.27 /hour
ID V
Primetime Mon. -Fri. 4p.m. — Closing & Daytime Sat. — Sun. $50.44 /hour ✓
Nighttime — Fri. & Sat. (e.g. bash) $541.59 /night ✓
Stag n' Does + Weddings $661.95 /night ✓
New Year's Eve $798.23 ✓
Daytime Badminton $55.31 V
Interdepartmental Rental - 3hr block $31.00
Summer Playground Rate (rainy days) $594.00 /summer
12 Davidson Centre Fees (cont'd):
Davidson Centre Gymnasium
1/3 of gym - per hour $13.94 /hr ✓
2/3 of gym - per hour $27.88 /hr ✓
Full gym - per hour $39.82 /hr ✓
Meeting rooms:
Charged in 3 hour blocks $38.06 ✓
Blue Line Club (Junior "C ") $82.30 /night ✓
Lobby:
No set fee — charged at discretion of the Manager
ID
al
SCHEDULE "E"
SCHEDULE 'H'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 12 of 24
410 2014 Fee Subject to
Applicable
Taxes
H Recreation Programs
1 Pool Programs Rates effective January 1, 2014
Swim Kids 1 -4 & Preschool $69.00
Swim Kids 5 -10 $85.00
Junior Lifeguard Club $85.00
Bronze Star /Basic First Aid /CPR -A $114.00
Family Swim lesson rate $206.00
Children's Private lessons $98.00
Children's Semi- private lessons $88.00
Adult Private Lessons $98.23 V
Bronze Medallion /Emergency First Aid /CPR B $225.00
Bronze Cross /Standard First Aid /CPR C $253.98 ✓
Bronze Cross Recertification $50.88 ✓
Assistant Water Safety Instructors $293.81 ✓
Instructor School $361.95 ✓
Red Cross Instructor Recertification $92.92 ✓
National Lifeguard Service - Pool Option 5328.98 ✓
N.L.S. Recertification 592.92 ✓
Spring Board Diving $69.00
0 Power Swim $94.69 ✓
Adult Underwater hockey $73.45 ✓
Kindergym only $68.00
Kindergym and swim $94.00
Aquafit or Aquadeep once /week $7.30 ✓
Aquafit or Aquadeep More than once a week $9.96 ✓
{5% discount if registered by deadline)
Aquafit or Aquadeep - visitor fee per class $9.96 ✓
CPR $72.57 ✓
CPR recertification 560.18 ✓
Emergency 1" aid $79.65 ✓
Standard First Aid & CPR Basic Rescuer - Level C 5129.20 ✓
Pool Charges:
Straight rate rental -to 25 people (2 guards) $112.39 /hr ✓
Extra guard supplied 531.41 /hr ✓
School rate - 2 staff supplied 579.65 /hr ✓
School rate -1 staff supplied $54.87 /hr ✓
KDSS Swim Team early morning $34.30 ✓
KDSS Swim Team evening $55.76 ✓
Kipper's Rate $98.23 /hr ✓
Interdepartmental P ool fee 572.00 /hr
Adult Underwater Hockey rate $73.45 /hr
. ✓
Brighter Futures /Keystone $56.64 /hr ✓
Admission Rates:
Single:
Adults (20 - 59yrs old) 53.76 ✓
Youths /seniors (15 -19 yr or over 60) $3.32 ✓
Child (5 -14 yrs.) 53.10 ✓
Pre - school (0 - 4 yrs.) Free
Family Rate 510.40 ✓
10 Swim Pass
Adults (20 - 59yrs old) $33.85 ✓
Youths /seniors (15 -19 yr or over 60) $29.87 ✓
Child (5 -14 yrs.) $27.88 ✓
Pre - school (0 - 4 yrs.) Free
Family Rate 593.58 ✓
1
n n
SCHEDULE E
SCHEDULE 'H'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 13 of 24
0
H Recreation Programs Con't 2014 Fee Subject to
Applicable
Taxes
Yearly Swim Membership
a. Child (6 -14 yrs.)12 month commitment and single lump sum payment at time of $183.19 ✓
registration
b. Child (6 -14 yrs.) 12 month commitment at time of registration, P.A.P. amount per month in
2014, balance of 12 month commitment at rate in effect in calendar year in which the $15.27 ✓
month falls
c. Youths /Seniors (15 -19 yr or 60 + yrs.) 12 month commitment and single lump sum
payment at time of registration $204.42 ✓
d. Youths /Seniors (15 -19 yr or 60 + yrs.) 12 month commitment at time of registration,
P.A.P. amount per month in 2014, balance of 12 month commitment at rate in effect in $17.04 ✓
calendar year in which the month falls
e. Adults (20 - 59 yrs.) 12 month commitment and single lump sum payment at time of
1
registration $292.04
f. Adults (20 -59 yrs.) 12 month commitment at time of registration, P.A.P. amount per
month in 2014, balance of 12 month commitment at rate in effect in calendar year in $24.34 ✓
which the month falls
Birthday Parties:
0 Birthday Parties (1/2 hr pool, 3hrs room) $94.69 ✓
Birthday Parties - Kindergym $171.68 ✓
Birthday Parties - Gym & Swim $157.52 ✓
Birthday Parties - Gym $97.35 ✓
Birthday Parties - Gym & craft $129.20 ✓
2 General Recreation Programs rates effective Jan 1, 2014
Adult Daytime Table Tennis $1.77 ✓
Carpet Bowling $1.77 ✓
Shuffleboard $L77 ✓
Pickle Ball $1.77 ✓
Badminton $1.77 ✓
Archery $54.42 ✓
Babysitting Blitz $76.50
Fitness Bundle, once a week $7.96 ✓
Fitness Bundle, more than once a week $8.85 ✓
Indoor Golf- (6 week session) $94.69 ✓
Just Dancin $218.00
Ladies Hockey $100.00 ✓
March Break - Week $116.00 ✓
Daily rate $34.00 ✓
Pilates $78.76 ✓
Professional Activity Days $34.00 ✓
• Smart Serve $36.95 ✓
Volleyball - Once a week $64.60 ✓
Yoga for Beginners (7 week session) $107.08 ✓
3 Summer Children's Programs rates effective Jan 1.2014
Summer - Day Camps
Single Participant
Daily $34.00
Weekly $116.00
Two Weeks $207.00
4 Day Week $93.00
Family Rate/Week (one economic unit) $245.00
Specialty Camps
The Babysitting Adventure Camp $160.00
4 Senior's Events
Senior Games - First Event $2.65 ✓
Each succeeding event to a max of $10.00 $1.77 1
SCHEDULE "E"
SCHEDULE 'H'
2014 CONSOUDATED RATES AND FEES BY -LAW
By -law 2013441
Page 14 of 24
e 5 Davidson Centre Arena and Tiverton Sports Centre Arena: 2014 Fee Subject to
Applicable
Taxes
Arena (January 1, 2014 to March 31, 2014):
Early 6:30 — 8:30 a.m. — Mon. — Fri. $47.34 ✓
Non -prime 8:30 a.m. — 4 p.m. Mon. — Fri. $69.25 /hr ✓
Prime time — 4:00 p.m. — 12:00 a.m. + all day:
Sat. +Sun.:
Adults $113.94 /hr ✓
Youth $103.98 /hr ✓
Junior "C" — Game $128.54 /hr ✓
Junior "C" — Practice $113.94 /hr ✓
Mun. of Kincardine Minor Sports
- Kincardine Arena $102.65 /hr ✓
- Tiverton Arena $96.46 /hr ✓
Minor Sports off -ice training $12.83 /hr ✓
School Rate $32.74 /hr ✓
Public Skating :
Adults $3.76 /each ✓
Students & Seniors $3.32 /each ✓
Children $3.10 /each ✓
0 Pre - school Free
Family Rate $10.40 /each ✓
Hall Rental
Non - Licenced event $37.61 ✓
Licenced event $136.73 ✓
Summer Rates: (April 1, 2014 to August 31. 2014)
Ball Hockey $36.28 /hr ✓
Off Season Ice Rate $126.55 /hr ✓
Arena surface without ice is at the discretion of the Recreation Director $500 - $1,600 ✓
0
SCHEDULE "E"
SCHEDULE 94'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 15 of 24
H Recreation Programs Can't
Subject to
410 Complete Heath Club Memberships 2014 Fee Applicable
Taxes
Includes: Health Club, regular fitness classes (specialty classes are not included) recreational swim times and sauna
a. Adults (20 -59 yrs.) 12 month commitment and single lump sum payment at time of $663.72 ✓
registration
b. Adults (20 -59 yrs.) 12 month commitment at time of registration, P.A.P. amount per
month in 2014 balance of 12 month commitment at rate in effect in calendar year in which $55.31 ✓
the month falls
c. Adults (20- 59yrs) monthly membership $66.37 ✓
d. Youth /Seniors (15 -19 yrs. or 60 + yrs.) 12 month commitment and single,lump sum $544.25 ✓
payment at time of registration
e. Youths /Seniors (15 -19 yrs. or 60 + yrs.) 12 month commitment at time of registration,
P.A.P. amount per month in 2014, balance of 12 month commitment at rate in effect in $45.35 ✓
calendar year in which the month falls
f. Youth /Seniors (15 -19 yrs. or 60 + yrs.) Monthly Membership $57.52 ✓
g. Spousal 2 adults (20 -59 yrs.) living in the same household, 12 month commitment and $955.75 ✓
single lump sum payment at time of registration
h. Spousal 2 adults (20 -59 yrs.) living in the same household, 12 month commitment at time
of registration. P.A.P. amount per month in 2014, balance of 12 month commitment at
0 rate in effect in calendar year in which the month falls $79.65 ✓
i . Senior Adult —1 senior & 1 adult living the se du ng m t e same household, 12 month commitment and
single lump sum payment at time of registration $849.56 ✓
j. Senior /Adult Spousal —1 senior & 1 adult living in the same household, 12 month
commitment at time of registration, P.A.P. amount per month in 2014, balance of 12
$70.80 ✓
month commitment at rate in effect in calendar year in which month falls
k. Senior Spousal — 2 seniors living in same household, 12 month commitment and single $743.36 ✓
lump sum payment at time of registration.
I. Senior Spousal — 2 seniors living in same household, 12 month commitment at time of
registration, P.A.P. amount per month in 2014, balance of 12 month commitment at rate in $61.95 ✓
effect in calendar year in which month falls.
Health Club Membership
Includes: Health Club, recreational swim times and sauna
a. Adults (20 -59 yrs.) 12 month commitment and single lump sum payment at time of
registration $477.88 ✓
b. Adults (20 -59 yrs.) 12 month commitment at time of registration, P.A.P. amount per
month in 2014, balance of 12 month commitment at rate in effect in calendar year in $39.82 ✓
which month falls
0 c. Youth /Seniors (15 -19 yrs. or 60 + yrs.) 12 month commitment and single lump sum
payment at time of registration $371.68 ✓
d. Youth /Seniors (15 -19 yrs. or 60 + yrs.) 12 month commitment at time of registration, P.A.P.
amount per month in 2014, balance of 12 month commitment at rate in effect in calendar $30.97 ✓
year in which month falls
Family Membership
Includes: Health Club, regular fitness classes (specialty classes not included) recreational swim times, four swimming lessons and the sauna
(note: family members who are children 14 & under are not eligible to use the health club)
a. 12 month commitment and single lump sum payment at time of registration ✓
$1,125.66
b. 12 month commitment at time of registration, P.A.P amount per month in 2014, balance $93.81 ✓
of 12 month commitment at rate in effect in calendar year in which month falls.
I
SCHEDULE "E"
SCHEDULE 'I'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 16 of 24
Subject to
ill 2014 Fee Applicable
Taxes
I Sale of Lots — Industrial Park
Per acre in the Highway 9 & 21 Com /Ind Park Negotiable ✓
il
0
411
I
SCHEDULE "E"
SCHEDULE '1'
2014 CONSOUDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 17 of 24
ill
1 Service Charges 2014 Fee Subject to
Applicable
Taxes
1 Mechanic labour rate (plus H.S.T.) $45.00 Jhr ✓
2 Curb cut permit — each permit $66.00 ✓
3 Road and sidewalk cut permit — each permit $66.00 ✓
Refundable deposit on each sidewalk permit $585.00 ✓
Refundable deposit on each road cut permit deposit to be refunded upon approval of the ✓
Manager of Public Works $1,170.00
4 Processing Charge $31.00
Airport Services:
5 Landing Fee — commercial aircraft 3, 000 kg & over $71.10 ✓
Tie Down Fee (Standard) $48.93 per month ✓
(With Electricity) $72.10 per month ✓
Pavement Tie Down Fee (Standard) $61.54 per month ✓
(With Electricity; $84.87 per month ✓
Jet A Fuel (per litre) above ✓
41111 $0.32 wholesale
cost
100 LL Fuel (per litre) above ✓
$0.32 wholesale
cost
Note: The Airport Service Provider has a five cent discretion in setting prices of Jet A Fuel and 100 LL Fuel to offset wholesale price fluctuations in
the local market.
•
III
SCHEDULE "E"
SCHEDULE 'K'
2014 CONSOUDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 18 of 24
K LANDFILL SITE FEES
K incardine Waste Management Centre
2014 Fee Sublect to
Applicable
All Vehicles Report to Scale House Taxes
1 Minimum charge (250 kgs or less) Exception for Tagged Bag Garbage and Recyclable Material $25.00
2 Domestic Sorted Waste $100.00 /tonne
3 Shingles $100.00 /tonne
4 Drywall $100.00 /tonne
5 Unsorted Waste $200.00 /tonne
6 Brush, Tree Branches per pick up truck, small trailer* $25.00
7 Brush, Tree Branches per dump truck/tandem trailer load* $105.00
8 Stumps Not Accepted
9 Concrete Rubble /bricks /asphalt* (min. $25.00) /tonne (min. $25.00)
$100.00
10 Clean Fill* $50.00 /tonne
11 Contaminated Fill* $97.85 /tonne
12 Cover Material ** $27.50
13 Compost and yard waste Free
14 Cardboard & recyclable materials (other than drywall and shingles) Free
15 E -Waste Free
16 Appliances - untagged refrigerators, freezers, dehumidifiers $21.00
17 White Goods, other appliances Free
18 Tires Free
19 Reuse Store Items Free
20 Bale Wrap Free
21 Mattress $18.00
22 Bag tags $2.50
Bag Tags have no monetary value
Ward Three
Residential Waste Only — All Vehicles must report to attendant
All Contractors /Commercial Haulers must report to Kincardine Waste Management Centre (Ward
2 Landfill)
1 Domestic Sorted Waste $45.00 /m3
2 Shingles, Drywall $45.00 /m3
3 Brush, Tree Branches * Free
4 Concrete Rubble /bricks /asphalt * $61.00 /m3
5 Appliances - untagged refrigerators, freezers, dehumidifiers $21.00
6 Cardboard & recyclable materials (other than drywall and shingles) Free
7 E -Waste Free
AU Active Landfills
1 Composters At Cost
2 Digesters At Cost
3 Blue Boxes At Cost
4 Gate opening outside of regular hours —fee in addition to the applicable fee for items being $55.00
landfiiled
* Municipality Reserves Right to Limit Quantities
** Material being acceptable for use as cover material and dependent on demand requirements at any given time
III
SCHEDULE "E"
SCHEDULE 'L'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 19 of 24
III L SANITARY SEWER CAPITAL CHARGES 2014 Fee Subiect to
Applicable
Taxes
The charge referenced in a) and c) below will not apply in the case of a residential infill lot where a capital fee had previously been paid by means of
old impost fees, frontage fees or where old existing documentation proves previous payment.
a. Capital contribution for capacity
Per each equivalent residential unit (ERU) $1,802.50
Building Unit estimated # of
People per unit ERU
Single Detached Dwelling 2.5 1
Multi -unit 2 0.8
Apartment unit 1.5 0.6
Condo unit 1.5 0.6
Trailer Site in Trailer Park 1.5 0.6
I.C.I. Group — Industrial, commercial and institutional charges are site specific through site plan control.
Any property, which undertakes a re- zoning of its status, will be subject to a review of its contribution to capital as a condition of the
development review.
0 b. Contribution to Sewer Reserve Fund
To be determined at time of connection based on existing per user amount on hand in the Sewer Reserve Func
c. Sanitary Sewer Main Charge (Plus GST)
Property owner to pay Municipality's cost including administration related to installation of the sanitary sewer main and all appurtenances
d. Sanitary Sewer Lateral Charge (Plus GST)
Property owner to pay Municipality's cost including administration related to installation of the lateral from the sewer main to the property
line.
III
IIIII
SCHEDULE "E"
SCHEDULE 'M'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 20 of 24
M WATER CAPITAL CHARGES 2014 Fee Subied t0
Applicable
Taxes
The charge referenced in a) and c) below will not apply in the case of a residential infill lot where a capital fee had previously been paid by means of old
impost fees, frontage fees or where old existing documentation proves previous payment.
The charges referenced in a) to d) do not pertain to the Kincardine Water Treatment Plant Expanded Service Area that is governed under the water
guiding principles dated August 30, 2002 as amended.
a. Capital contribution for capacity
Per each equivalent residential unit (ERU) $2,018.80
estimated # of
Building Unit ERU
People per unit
Single Detached Dwelling 2.5 1
Multi -unit 2 0.8
Apartment unit 1.5 1.5
Condo unit 1.5 0.6
Trailer Site in Trailer Park 1.5 0.6
. .I. Group — Industrial, commercial and institutional charges are site specific through site plan control.
Any property, which undertakes a re- zoning of its status, will be subject to a review of its contribution to capital as a condition of the development
review.
b. Contribution to Water Reserve Fund (to be determined at time of connection based on existing per user amount on hand in the Water Reserve
Fund)
c. Water Main Charge (Plus GST)
- Property owner to pay Municipality's cost including administration related to installation of the water main and all appurtenances
d. Water Lateral Charge (Plus GST)
- Property owner to pay Municipality's cost including administration related to installation of the lateral from the water main to the property
line.
1 III
1
SCHEDULE "E"
SCHEDULE 'N'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 21 of 24
S N SANITARY SEWER OPERATING CHARGES 2014 Fee Subiect to
Applicable
Taxes
a. Residential — per unit, per year $373.00
Apartments of 3 units or more - per unit, per year $298.40
Commercial, Industrial, Nursing homes, Non -self contained units in shared the greater of 80% of the
accommodations, schools, churches per unit, per year metered water charged for
current year or $373
b. Industrial sewage in excess of 30.4 m3 /month $0.77 /m3
c. Septage Fees
Residents:
i) Septic Tank 511.00 /c.m
ii)Hoiding Tank $5.50 /c.m
iii)Portable Toilet $5.50 /c.m
Non - Residents:
i)Septic Tank $22.00 /c.m
ii)Holding Tank $11.00 /c.m
0 iii)Portable Toilet $11.00 /c.m
411
III
SCHEDULE "E"
SCHEDULE 4 0'
2014 CONSOUDATED RATES AND FEES BY -LAW
By -taw 2013441
Page 22 of 24
IP WATER OPERATING CHARGES 2014 Fee Subject to
Applicable
Taxes
Kincardine Water Treatment Plant, Underwood, Scott's Point and Armow Water Supplies
a. Metered properties — Fixed rate per month:
Size of pipe
19 mm. $28.83
25 mm. $55.49
38 mm. $110.98
50 mm. $177.59
75 mm. $332.97
100 mm. $554.96
150 mm. $1,109.92
Pius Metered Rate: $0.81 /c.m
b. Rates for meters on fire hydrants:
Flat minimum $173.78
.
Plus
Metered rate $0.81 /c.m
c. Huron Twp. fire hydrant maint. /rental $155.00
d. Rates for non - ratepayers 125%
Tiverton Water Supply
a. Metered properties —fixed rate per month $36.03
Pius
b. Metered Rate $1.04
All Supply Systems
a. Contribution to meter $116.00
b. Disconnect or reconnect $60.00
c. Refusal of meter 4 x Minimum Bill
d. Flat rate with permission of municipality 3 x Minimum Bill
1
SCHEDULE "E"
SCHEDULE T'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 23 of 24
• P Fire Department Fees 2014 Fee Subject to
Applicable
Taxes
1 Are Inspection (Home Inspection) no charge
2 Fire Inspection (request other than home inspection) $225.23 ✓
3 Letters to Lawyer /Insurance Companies including file search for outstanding orders $60.18 ✓
4 Air cylinder refills $7.44 ✓
5 Fire hose rentals (one length) per day $25.67 ✓
6 Copy of fire report $60.18 ✓
7 Mechanical false alarms, per one truck for one hour $410.00 per truck/per hour
8 Services rendered at an illegal incident to support OPP or RCMP $410.00/ hour for first hour/
truck, each additional half hour
or part thereof $205.00 /truck
9 Services rendered at a motor vehicle accident (non- resident MTO CALL) $410.00/ hour for first hour/
truck, each additional half hour
or part thereof $205.00 /truck
10 Kincardine or Tiverton Station Meeting Room $67.53 ✓
- Half Day $45.05 ✓
11 Open Burning Permit $10.00
0 12 Smoke Detector $10.00
13 Services Rendered at a Motor Vehicle Accident (Non Resident Call) $410.00/ hour for first hour/
truck, each additional half hour
or part thereof $205.00 /truck
14 Request fire extinguisher training of employees (Industrial /Commercial Occupancies) -
minimum $100.00 charge $10.00 /person minimum
15 Fire response to property for burn complaint investigation with no current burn permit $106.00
16 Fire response to property for burn complaint to extinguish fire with no current burn permit
per hour for first hour per truck $410.00
17 Cost incurred to retain a private contractor, rent/lease heavy or specialized equipment, Actual costs including
specialized services and associated persons for purposes of minimizing fire spread, administration
minimizing risk and damage to persons or property or determining the origin, cause, or
circumstances of any fire or explosion
18 Propane Risk & Safety Management Plan Review (both a & b apply)
a) Municipal Staff Review $47.75 /hour
b) Third party reviews including but not limited to engineers and lawyers Actual Costs
including
19 Indemnification Technology in accordance with
. Indemnification Technology
** There is no charge for the first 3 mechanical false alarms. The fee applies to the 4 and subsequent false alarms
.
i
I
SCHEDULE "E"
SCHEDULE'Q'
2014 CONSOLIDATED RATES AND FEES BY -LAW
By -law 2013 -141
Page 24 of 24
0 Q BEC Industrial Water & Waste Water 2014 Fee Subject to
Applicable
Taxes
The industrial rates for Water, Sewer, Emergency Water and Meter Services for Roll
Numbers 4108- 260 -001- 17601, 4108 - 260 -001 - 17603, 4108 - 260 - 001 - 17604, 4108- 260 -001-
17615 and 4108- 260 - 001 -17617 located in the Municipality of Kincardine shall be as set
forth below.
industrial Water Rates:
Water Service $0.257 per m3
Emergency Water Meter Service $367.25 /month
Industrial Sewer Service Rates:
The rate for sewage treatment service shall be:
Basic Sewer Service $1.589 per m3
For those properties that do not have a sewage meter, sewage consumption shall be
measured based on 90% of metered water consumption.
This by -law shall be subject to the provisions outlined in By -Law 1987 -107 Control Waste
Discharge.
IIIII
III
I i
SCHEDULE "F"
2014 Taxation By -law (No. 2014 -024) and 2014 Taxation Amendment By -law (No. 2014 -038)
[See attached]
23
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
411) *on
Nir
KBTy
V ' �llltt OFv\
BY -LAW
NO. 2014 — 038
BEING A BY -LAW TO AMEND BY -LAW NO, 2014 -024: BEING A BY -LAW TO
ADOPT THE ESTIMATES OF ALL SUMS REQUIRED DURING THE YEAR TO
STRIKE THE RATES OF TAXATION FOR THE YEAR 2014
WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended provides that a local municipality shall in the year or the immediately
S preceding year, prepare and adopt a budget including estimates of all sums
required during the year for the purposes of the municipality;
AND WHEREAS Section 340 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the treasurer of a local municipality shall prepare a tax
roll for each year based on the last returned assessment roll for the year and that
the treasurer shall collect the taxes once the tax roll has been prepared;
AND WHEREAS Section 342 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by -laws providing for the payment of
taxes;
AND WHEREAS Council passed By -law No. 2014 -024 to adopt the estimates of
all sums required during the year to strike the rates of taxation for the year 2014;
AND WHEREAS By -law No. 2014 -024 was passed before the proportions of
enrolment between school boards were published by the Ministry of Education
and was prepared using the 2013 proportions;
1111 AND WHEREAS the amounts to be raised for the various school boards were
cited as follows in the preamble:
Bluewater District School Board 3,755,215
Bruce Grey Separate School Board 447,308
Conseil scolaire de district des ecoles Catholique
Du Sud -Ouest 15,973
Conseil scolaire de district du Centre Sud -Ouest 4,245
AND WHEREAS Council deems it advisable to amend By -law No. 2014 -024 to
reflect the proportions published by the Ministry of Education in 2014;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. THAT the amounts to be raised for the various school boards as cited in the
preamble of By -law No. 2014 -024 be amended as follows:
Bluewater District School Board 3,751,408
• Bruce Grey Separate School Board 450,136
Conseil scolaire de district des ecoles Catholique
Du Sud -Ouest 16,831
Conseil scolaire de district du Centre Sud -Ouest 4,366
Page 2
2014 Taxation Amendment By -Iaw
By -Iaw No. 2014 -038
2. This By -Iaw may be cited as the "2014 Taxation Amendment By-law".
READ a FIRST and SECOND TIME this 2nd day of April, 2014.
READ a THIRD TIME and FINALLY PASSED this 2nd day of April, 2014.
4 Mayor Clerk
•
•
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
• ,xe max,
• �1�r,►/1 . .
BY-LAW
NO. 2014 — 024
BEING A BY -LAW TO ADOPT THE ESTIMATES OF ALL SUMS REQUIRED
DURING THE YEAR TO STRIKE THE RATES OF TAXATION FOR THE YEAR
2014
WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended provides that a local municipality shall in the year or the immediately
preceding year, prepare and adopt a budget including estimates of all sums
1111 required during the year for the purposes of the municipality;
AND WHEREAS Section 340 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the treasurer of a local municipality shall prepare a tax
roll for each year based on the last returned assessment roll for the year and that
the treasurer shall collect the taxes once the tax roll has been prepared;
AND WHEREAS Section 342 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to pass by -laws providing for the payment of
taxes;
AND WHEREAS the amount of assessment entitled to benefit hereinafter
referred to as Residential, Multi- Residential, Commercial, Industrial, Farm and
Managed Forest are as follows:
Residential $1,333,232,153
Multi- residential 13,873,865
Commercial — Occupied 213,655,777
Commercial — Vacant 2,867,138
• Industrial — Occupied 88,139,168
Industrial- Vacant 5,726,246
Farm 289,204,213
Managed Forest 2,020,777
Total Taxable Assessment $1,948,719,337
Total Taxable Assessment for purpose of the BIA Levy $21,725,947
AND WHEREAS the amounts to be raised are as follows:
Municipality of Kincardine $ 9,411,020
County of Bruce 7,067,974
Bluewater District School Board 3,755,215
Bruce Grey Separate School Board 447,308
Conseil scolaire de district des ecoles Catholique
Du Sud-Ouest 15,973
Conseil scolaire de district du Centre Sud -Ouest 4,245
Education Tax shared as PIL, retained by Kincardine 2,495,743
Total Taxes to be Raised $23,197,478
BIA Total Taxes to be Raised $50,000
Page 2
2014 Taxation By -law
By -law No. 2014 -024
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. THAT there shall be levied and collected upon the assessable lands and
buildings within The Corporation of the Municipality of Kincardine the
following rates for the year 2014:
Total Total Tax
Tax Ratio General Healthcare Municipal County School Rate
Residential 1.00000000 0.00486483 0.00023215 0.00509698 0.00382799 0.00203000 0.01095497
Multi- Residential 1.00000000 0.00486483 0.00023215 0.00509698 0.00382799 0.00203000 0.01095497
Commercial Occupied 1.23310000 0.00599882 0.00028627 0.00628508 0.00472030 0.01140296 0.02240834
Commercial - New 1.23310000 0.00599882 0.00028627 0.00628508 0.00472030 0.01140296 0.02240834
Commercial Vacant 0.86317000 0.00419917 0.00020039 0.00439956 0.00330421 0.00798207 0.01568584
Commercial Vacant - New 0.86317000 0.00419917 0.00020039 0.00439956 0.00330421 0.00798207 0.01568584
Industrial Occupied 1.74770000 0.00850226 0.00040573 0.00890799 0.00669018 0.01560000 0.03119817
Industrial - New 1.74770000 0.00850226 0.00040573 0.00890799 0.00669018 0.01220000 0.02779817
Industrial Vacant 1.13600000 0.00552647 0.00026373 0.00579019 0.00434862 0.01014000 0.02027881
Industrial Vacant - New 1.13600000 0.00552647 0.00026373 0.00579019 0.00434862 0.01014000 0.02027881
Farmlands 0.25000000 0.00121621 0.00005804 0.00127424 0.00095700 0.00050750 0.00273874
Managed Forests 0.25000000 0.00121621 0.00005804 0.00127424 0.00095700 0.00050750 0.00273874
2. The tax rate for the Business Improvement Area shall be 0.00230140.
111111 3. The dates for payment of taxes under this By -law shall be as follows:
DUE DATE of 3 installment September 2, 2014
DUE DATE of 4th installment December 1, 2014
4. A percentage charge of one and one - quarter (1.25 %) shall be imposed as
a penalty for non - payment of and shall be added to every tax installment
or part thereof remaining unpaid on the first day following the last day of
payment of each such installment and thereafter an additional percentage
charge of one and one - quarter (1.25 %) shall be imposed and shall be
added to every such tax installment or part thereof remaining unpaid on
the first day of each calendar month in which default continues up to and
including December of each year.
5. This By -law may be cited as the "2014 Taxation By -law ".
READ a FIRST and SECOND TIME this 19th day of February, 2014.
READ a THIRD TIME and FINALLY PASSED this 19th day of February, 2014.
Mayor Clerk
SCHEDULE "G"
Form of Road Use Agreement
[See attached]
24
Execution Version
ROAD USE AGREEMENT
THIS ROAD USE AGREEMENT ( "Agreement ") is made as of the a day of
(Yl 0 , 2014 (the "Effective Date "),
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE, a
municipal corporation under the Municipal Act, 2001 (Hereinafter referred to as the
"Municipality ")
OF THE FIRST PART
-AND -
SP ARMOW WIND ONTARIO LP, an Ontario limited partnership, by its general
partner, SP ARMOW WIND ONTARIO GP INC. (Hereinafter referred to as "SP
Armow ")
OF THE SECOND PART
WHEREAS SP Armow is developing an approximately 180 megawatt commercial wind
energy project known as the Armow Wind Project (the "Wind Project") substantially located in
the Municipality of Kincardine (the "Municipality ") pursuant to a Power Purchase Agreement
dated August 2, 2011 (as amended, the "PPA "), between the Ontario Power Authority and SP
Armow;
AND WHEREAS SP Armow wishes to make use of certain Road Allowances, as
hereinafter defined, to make deliveries of materials and components to, and to allow for
construction, operation and maintenance of the Wind Project;
AND WHEREAS SP Armow may wish to temporarily modify the alignment of certain
Road Allowances to permit delivery or movement of oversized Wind Project components,
including wind turbine blades, tower sections and nacelles;
AND WHEREAS SP Armow also wishes to install, maintain and operate Electrical
Infrastructure, as hereinafter defined, over, across, along, within or under certain Road Allowances
pursuant to its statutory rights under the Electricity Act, 1998;
AND WHEREAS SP Armow also wishes to connect private access roads from Wind
Project turbines to the Road Allowances to permit ongoing access to the turbines during Wind
Project operations;
NOW THEREFORE IN CONSIDERATION of the undertakings and agreements
hereinafter expressed by the Parties, the Municipality and SP Armow mutually covenant and agree
as follows:
1. Interpretation
1.1 In this Agreement:
(a) "Abandon" and "Abandonment" are defined in Section 9.1;
(b) "Alteration Work" means Work involving or incidental to the alteration or
relocation of Electrical Infrastructure and /or Entrances after the completion of the
Installation Work;
(c) "Applicable Law" means all present or future applicable laws, statutes,
regulations, treaties, judgments and decrees and all present or future applicable
published directives, rules, policy statements and orders of any Public Authority
and all applicable orders and decrees of courts and arbitrators to the extent, in each
case, that the same are legally binding on the Parties in the context of this
Agreement;
(d) "Commercial Operation Date" means the Commercial Operation Date as defined
in the PPA;
(e) "Decommissioning Work" means Work involving or incidental to the removal of
Electrical Infrastructure and /or Entrances;
(f) "Deliveries" is defined in Section 2.1(a);
(g) "Effective Date" is defined in the preamble hereof;
(h) "Electrical Infrastructure" means infrastructure for the transmission and
distribution of electricity, including a line or lines of towers or poles and wires or
cables (whether above ground or buried), for the transmission or distribution of
electrical energy, and all foundations, footings, cross arms and other appliances,
facilities and fixtures for use in connection therewith including without limitation,
vaults and junction boxes (whether above or below ground), manholes, handholes,
conduit, fiber optics, cables, wires, lines and other conductors of any nature,
multiple above or below ground control, communications, data and radio relay
systems, and telecommunications equipment, including without limitation,
conduit, fiber optics, cables, wires and lines;
(i) "Electrical Work" is defined in Section 2.1(c);
(j) "Entrance Work" is defined in Section 2.1(b);
(k) "Entrances" means points of access across and through the Road Allowances to be
constructed by SP Armow, as applicable, from the travelled portion of the road
allowance connecting to certain private access roads that lead to Wind Project
turbines and other infrastructure;
(1) "Expiry Date" is defined in Section 2.2;
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(m) "Force Majeure" is defined in Section 11.2;
(n) "Installation Work" means Work involving or incidental to the installation, and
construction of Electrical Infrastructure or Entrances;
(o) "Municipality" is defined in the first recital;
(p) "Party" means the Municipality or SP Armow as applicable and "Parties" means
both the Municipality and SP Armow;
(q) "Plans" is defined in Section 5.1;
(r) "Public Authority" means any governmental, federal, provincial, regional,
municipal or local body having authority over the Municipality, SP Armow, the
Wind Project, the Electrical Infrastructure or the Road Allowances;
(s) "Repair Work" means Work involving the maintenance, repair and replacement
of installed Electrical Infrastructure and Entrances that does not cause the location,
elevation, position, layout or route of the Electrical Infrastructure or Entrance to
materially change;
(t) "Road Allowance(s)" means the common and public highways located in the
Municipality that are owned or managed by the Municipality, and shall include
bridges, culverts or similar structures, ditches, driveways, sidewalks and sodded or
other areas forming part of the Road Allowance and shall also include unopened
Road Allowances;
(u) "Road Work" is defined in Section 2.1(a);
(v) "Third Party Work" is defined in Section 6.8;
(w) "Traffic Effects" is defined in Section 4.3;
(x) "Tree Work" is defined as cutting, trimming or removing trees or bushes growing
in the Road Allowances;
(y) "Wind Project" is defined in the first recital; and
(z) "Work" means Deliveries, Road Work, Entrance Work, Tree Work, Repair Work,
Decommissioning Work, Installation Work, Alteration Work and /or Electrical
Work as defined herein.
1.2 The following schedules to this Agreement are integral parts of this Agreement:
Schedule "A" — Plan showing applicable Road Allowances
Schedule `B" — Form of Acknowledgement and Consent Agreement
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1.3 Nothing contained in this Agreement shall constitute a waiver or release of either Party's
obligation to comply with all valid and applicable Municipal by -laws, to the extent that
such by -laws comply with Applicable Law, or abrogate or prejudice any statutory rights
held by either Party under Applicable Law, including but not limited to the Ontario Energy
Board Act, 1998, the Municipal Act, 2001, the Green Energy Act, 2009 and the Electricity
Act, 1998 as amended.
2. Grant
2.1 For the duration of the term of this Agreement, the Municipality grants SP Armow the
non - exclusive right to enter upon and use the Road Allowances identified on Schedule "A"
of this Agreement with such persons, vehicles, equipment and machinery as may be
necessary for purposes of:
(a) transporting materials, components and equipment including overweight or
over -size cargoes (subject to applicable seasonal load limitations) across or along
Road Allowances to provide for the construction, operation, maintenance, repair,
replacement, relocation or removal of wind turbines for the Wind Project
( "Deliveries "), and temporarily reconstructing or re- aligning road sections, turns
and intersections on the Road Allowances to permit the passage of said overweight
or over -size cargoes ( "Road Work ");
(b) constructing, maintaining and using Entrances to private wind turbine access roads
( "Entrance Work ") provided that SP Armow shall first acquire at its own expense
any property rights to private lands required for the Entrance Work and shall apply
for and obtain an entrance permit for each Entrance and pay the fees for such
permits, which shall not exceed the normal fees generally applicable to such
applications and permits; and
(c) installing, constructing, operating, inspecting, maintaining, altering, enlarging,
repairing, replacing, relocating and removing Electrical Infrastructure over, along,
across, within or under the Road Allowances in connection with the Wind Project
( "Electrical Work ").
2.2 This Agreement shall become effective on the Effective Date and, unless earlier
terminated, shall remain in effect until the Wind Project has been fully decommissioned
and any necessary repair, reinstatement and restoration of the Road Allowances have been
completed in accordance with Sections 4.4 of this Agreement ( "Expiry Date ").
2.3 SP Armow shall ensure that neither its Work nor its Electrical Infrastructure unduly
interferes with the use of any Road Allowance by members of the public. SP Armow
acknowledges that the rights granted hereunder are non - exclusive, are in the nature of a
license and do not constitute a grant of easement or any other permission other than as
expressed herein in writing. The Municipality represents that it:
(a) has legal and beneficial title to the Road Allowances and full power and authority
to grant the rights over the Road Allowances in the manner set out in this
Agreement;
4
(b) has obtained the full and unconditional due authorization, execution and delivery of
this Agreement by all required resolutions and other required municipal approvals;
and
(c) shall defend its title to the Road Allowances against any person or entity claiming
any interest adverse to the Municipality in the Road Allowances during the term of
this Agreement.
2.4 As consideration for Municipal costs associated with the administration of this Agreement,
SP Armow agrees to pay an Annual Payment to the Municipality of Five Thousand Dollars
($5,000) per calendar year commencing on the Commercial Operation Date and ending on
the expiry or earlier termination of this Agreement (the "Annual Payment "). The Annual
Payment will be made within 90 days following the Commercial Operation Date and
payments in subsequent years being made on or before June 30 of each year. The Annual
Payment for the first year and the final year of the payment term will be prorated using the
percentage that the number of days in such year, as applicable, is to 365 days.
2.5 The Municipality agrees, in the event it decides to permanently close or dispose of any
Road Allowance, or any part of a Road Allowance, to give SP Armow reasonable advance
written notice of such proposed closing or disposal and to grant and transfer to SP Armow,
at no cost to SP Armow and prior to the proposed closure or disposal of the applicable
Road Allowance, such easements and rights -of -way, in registrable form, over that part of
the Road Allowance closed or disposed of sufficient to allow SP Armow to preserve any
part of the Electrical Infrastructure in its then existing location, to enter upon such closed or
disposed of Road Allowance to perform Work in respect of such Electrical Infrastructure
and to gain access to the Wind Project on the terms and conditions set out in this
Agreement.
2.6 In the event that the Municipality decides to dispose of any Road Allowance or part
thereof, the Municipality agrees to require the transferee or assignee of such Road
Allowance, as a condition precedent to the transfer or assignment, to agree in writing with
SP Armow, in a form acceptable to SP Armow acting reasonably, to be bound by the terms
of this Agreement and to assume the Municipality's obligations hereunder from and after
the date of the transfer or assignment.
2.7 In the event that the standard, condition or maintenance of any of the Road Allowances is
not sufficient to permit SP Armow to carry out its desired operations, SP Armow shall be
solely responsible for carrying out any required remedial work or maintenance, at its own
expense, upon receiving approval in writing from the Municipality.
2.8 SP Armow acknowledges that the winter and year -round maintenance of the Road
Allowances is, and will continue to be, limited and that the Municipality does not provide
twenty -four (24) hour snow clearance on any of the Road Allowance. SP Armow agrees
that the Municipality shall not in any way be responsible for plowing or maintaining any of
the Road Allowances to a condition to permit SP Armow operations hereunder.
5
2.9 In the event that SP Armow chooses to provide, and the Municipality chooses to permit,
winter maintenance of a Road Allowance that the Municipality would not otherwise
maintain during the winter season, SP Armow shall ensure that it maintains said Road
Allowance to a standard that will ensure public safety at all times and to the satisfaction of
the Municipality. Without limiting any other provision of this Agreement, SP Armow shall
save harmless and indemnify the Municipality, its servants, officers, councillors and agents
from all demands, losses, damages, costs, charges, and expenses which may be claimed or
recovered against the Municipality by any person or persons as a result of SP Armow's
negligence or wilful misconduct in respect of its maintenance of any Road Allowances for
the winter season under the terms of this Agreement.
3. Conditions Precedent to Commencement of Work
3.1 SP Armow shall not commence any Work unless and until it has obtained a Renewable
Energy Approval (REA) from the Ministry of the Environment (MOE) pursuant to the
provisions of the Environmental Protection Act and applicable regulations thereunder,
provided that any appeal or other ongoing litigation with respect to the REA, as issued by
MOE, shall not affect or limit the right of SP Armow to commence or continue any Work.
3.2 Prior to the commencement of any Work, SP Armow shall arrange for and maintain
liability insurance satisfactory to the Municipality, acting reasonably, insuring, for the joint
benefit of SP Armow, any lender(s) to SP Armow and the Municipality as additional
insured, as against all claims, liabilities, losses, costs, damages or other expenses of every
kind that SP Armow, such lender(s) and the Municipality may incur or suffer as a
consequence of personal injury, including death, and property damage arising out of or in
any way incurred or suffered in connection with the Work as contemplated by this
Agreement, which insurance, at a minimum, shall provide coverage with limits of liability
not less than Ten Million Dollars ($10,000,000) per incident until the Wind Project
commences commercial operation and Five Million Dollars ($5,000,000) per incident
thereafter. SP Armow shall satisfy the Municipality, from time to time upon reasonable
request by the Municipality, that the premiums of such insurance have been paid and that
such insurance is in full force and effect.
3.3 Immediately prior to the commencement of any Installation Work, Alteration Work or
Decommissioning Work, SP Armow and the Municipality shall inspect the surfaces,
ditches, and any bridges, culverts, or similar structures within the Road Allowances that SP
Armow expects will or may be used for, affected by, or otherwise subject to such Work and
document to the satisfaction of the Municipality acting reasonably, by means of a video
recording made by an independent consultant to be agreed upon by both Parties, and /or any
other means satisfactory to the Municipality acting reasonably, the then - existing condition
of all such Road Allowances, and both Parties shall receive a complete copy of such
document. SP Armow shall pay all costs of inspection and documentation thereof,
provided that SP Armow's prior written consent shall be required for any expenditure in
excess of $20,000 (per occurrence) for this purpose.
3.4 Immediately after the completion of any Installation Work, Alteration Work or
Decommissioning Work, SP Armow and the Municipality shall inspect the surfaces,
6
ditches, and any bridges, culverts, or similar structures within the Road Allowances that SP
Armow's Work used or affected and document to the satisfaction of the Municipality
acting reasonably, by means of a video recording made by an independent consultant to be
agreed upon by both Parties, and /or any other means satisfactory to the Municipality acting
reasonably, the then - existing condition of all such Road Allowances, and both Parties shall
receive a complete copy of such document. SP Armow shall pay all costs of this
post -Work inspection and documentation thereof, provided that SP Armow's prior written
consent shall be required for any expenditure in excess of $20,000 (per occurrence) for this
purpose.
3.5 Where Installation Work, Alteration Work or Decommissioning Work is being carried out
over the course of more than one building season and there is a planned break in the
continuance of such work of longer than thirty (30) days, immediately following
completion of such work for that calendar year, SP Armow shall ensure that a post -Work
inspection is carried out in accordance with Section 3.4 and immediately before restarting
such work in the next calendar year, SP Armow shall ensure that a pre -Work inspection is
carried out in accordance with Section 3.3 of this Agreement.
3.6 During the periods that Installation Work, Alteration Work or Decommissioning Work is
being carried out, the Proponent shall, on a weekly basis, inspect the subject Road
Allowances and provide to the Municipality written communication describing changes, if
any, to the condition of the Road Allowances caused by the performance of such Work
including notification of any change requiring repairs or maintenance. SP Armow shall be
responsible for completing any required repairs in accordance with Sections 4.4 of this
Agreement.
3.7 Prior to the commencement of any Installation Work, SP Armow shall provide an
irrevocable letter of credit or cash deposit in the form of a bank draft or certified cheque (as
elected by SP Armow) to the Municipality in the amount of Two Million Dollars
($2,000,000) to guarantee SP Armow's performance of its obligations under Sections 4.4
of this Agreement. The quantum of the foregoing security shall be a fixed amount and is
based upon SP Armow's usage of approximately 180km of Road Allowances under the
jurisdiction of the Municipality. The Municipality shall have the right to draw upon such
security for the purpose of making repairs to the Road Allowances if SP Armow has failed
to meet its obligations in Section 4.4 of this Agreement. The Municipality shall refund or
release any undrawn security to SP Armow no later than eighteen (18) months after the
completion of all Installation Work or completion of any repair, reinstatement or
restoration work required pursuant to Section 4.4 of this agreement, whichever is later.
3.8 Prior to the commencement of any Alteration Work or Decommissioning Work, SP
Armow shall provide an irrevocable letter of credit or cash deposit in the form of a bank
draft or certified cheque (as elected by SP Armow) to the Municipality in an amount to the
satisfaction of the Municipality, which amount shall be equal to 100% of the estimated
costs of the performance of the obligations under Sections 4.4 and 9.3 of this Agreement.
The Municipality shall have the right to draw upon such security for the purpose of making
repairs to the Road Allowances if SP Armow has failed to meet its obligations in Section
4.4 of this Agreement and /or to draw upon such security for the purpose of removing
7
Abandoned overhead Electrical Infrastructure if SP Armow has failed to meet its
obligations in Section 9.3 of this Agreement. The Municipality shall refund or release any
undrawn security to SP Armow no later than eighteen (18) months after the completion of
the Alteration or Decommissioning Work, or completion of any repair, reinstatement or
restoration work required pursuant to Section 4.4 of this agreement, whichever is later.
3.9 On execution of this Agreement, SP Armow shall deposit with the Municipality a cash
deposit in the amount of Fifty Thousand Dollars ($50,000) to be drawn on to reimburse all
actual and verifiable in -house and external administration costs and other related expenses
incurred by the Municipality in connection with this Agreement, including reasonable
legal, engineering and inspection costs up to the Commercial Operation Date. In the event
that the expenses of the Municipality exceed the amount of the deposit, the Municipality
shall demand payment from SP Armow. Should SP Armow fail to make such payment
within thirty days (30) of such demand, the Municipality may, without notice to SP
Armow, draw on the security held pursuant to Sections 3.7 of this Agreement. Subsequent
to the commencement of the Annual Payment, and subject to all invoices having been paid,
the Municipality shall promptly remit remaining monies of the deposit, if any, to SP
Armow; provided, however, that the deposit provided for under this Section 3.9 shall be
returned to SP Armow, in any case, no later than the date which is six (6) months following
the Commercial Operation Date.
4. Work Generally
4.1 Notwithstanding and without limiting any other term hereof, SP Armow agrees and
undertakes that it will perform the Work at its own expense in accordance with the
locations set forth in Schedule "A" attached hereto and the Plans submitted by SP Armow
and approved by the Municipality pursuant to Section 5 of this Agreement, as may be
amended from time to time, and in compliance with good engineering practices, this
Agreement and Applicable Law.
4.2 SP Armow agrees that all work carried out by SP Armow or its agents under this
Agreement shall be carried out expeditiously in a good and workmanlike manner, in
accordance with good engineering and trade practice and so as to cause a minimum of
nuisance or disruption to any other person. SP Armow shall take all necessary and
reasonable precautions to minimize dust, noise or traffic disturbances.
4.3 Notwithstanding and without limiting any other term hereof, the Parties acknowledge that
the Work from time to time may require the temporary modification of traffic patterns or
the imposition of temporary restrictions on public access to or use of the Road Allowances
( "Traffic Effects "). SP Armow agrees to:
(a) give five (5) business days' notice of anticipated Traffic Effects to the Municipality
and to coordinate with the Municipality and local emergency services to minimize
and mitigate any adverse impacts of the Traffic Effects and to ensure public safety;
and
8
(b) to the satisfaction of the Municipality, acting reasonably, maintain adequate public
access to and use of the Road Allowances while Work is in progress and to remove
the Traffic Effects as soon as reasonably possible following the completion of the
Work;
(c) obtain consent from the Municipality (which consent shall not reasonably be
withheld) in advance of undertaking any Work pursuant to this paragraph.
4.4 SP Armow further agrees that, in the event that it becomes necessary to break, remove, or
otherwise pierce the existing surface of any of the Road Allowances to undertake any
Work, or in the event that SP Armow's use of the Road Allowances in connection with any
Work causes any damage to the Road Allowances, reasonable wear and tear excepted, SP
Armow will in all cases repair, reinstate and restore the Road Allowances forthwith to the
same or better condition which existed prior to the commencement of such Work to the
satisfaction of the Municipality, acting reasonably. Further thereto, SP Armow also agrees
that it shall thereafter, for a period of eighteen (18) months following completion of the
repair, reinstatement and restoration of the Road Allowance, monitor that portion of such
restored Road Allowances, at the sole expense of SP Armow, and repair any settling
thereof caused by the Work, to the satisfaction of the Municipality, acting reasonably. In
the event that SP Armow shall fail to repair, reinstate and restore such Road Allowances,
and fails to undertake such work within ninety (90) days of written notice of such failure
from the Municipality, then in such case, the Municipality may undertake the same and
charge the reasonable costs thereof to SP Armow or draw upon the security provided in
accordance with Section 3.7 or 3.8 of this Agreement for the purpose of making repairs.
4.5 If repairs are made to the Road Allowance as required by Section 4.4, in addition to the
post -Work inspection required immediately after the Work by section 3.4, SP Armow shall
at a date no earlier than fourteen (14) months following the repair ensure that a second
post -Work inspection is carried out in accordance with section 3.4 of this Agreement.
4.6 The Parties agree to cooperate with each other and with local emergency services and other
local utilities to develop and adopt protocols applicable in the event of an emergency
involving the Electrical Infrastructure or the Work prior to the commencement of any
Installation Work.
4.7 Notwithstanding any other provision of this Agreement, in the event of any emergency
involving the Work or Electrical Infrastructure, SP Armow shall notify the local
emergency services immediately upon becoming aware of the situation and shall do all that
is necessary and desirable to control the emergency, including such work in and to the
Electrical Infrastructure or the Road Allowances as may be required for such purpose. For
the purposes of this provision, "emergency" shall mean a sudden unexpected occasion or
combination of events necessitating immediate action. As soon as practical after the
emergency is discovered, SP Armow shall advise the Municipality by telephone and keep
the Municipality advised through the emergency. If it becomes necessary for SP Armow to
exercise its emergency powers under this paragraph, SP Armow shall forthwith make a
written report to the Municipality of what work was done and the further work to be
undertaken, if any, and seek the approval of the Municipality for the further work.
9
4.8 Notwithstanding the foregoing, SP Armow shall not be required to carry out and shall not
be responsible for any costs associated with any maintenance, repairs or restoration of any
road allowances or other property owned or controlled by the Municipality, other than
those Road Allowances identified in Schedule "A" of this Agreement (as may be amended
from time to time) or any other Road Allowances actually made subject to any Work by SP
Armow.
5. Installation Work, Alteration Work and Decommissioning Work
5.1 Prior to the commencement of Installation Work, Alteration Work or Decommissioning
Work, SP Armow shall file detailed plans for the approval of the Municipality that identify
the affected Road Allowances, the location, size, elevation and scope of the Work,
including Delivery routes and timelines, and demonstrate that the Work will comply with
applicable safety, technical and regulatory standards and the requirements of Applicable
Law ( "Plans ").
5.2 The parties acknowledge and agree that the following persons have been granted authority
by the Municipality to administer and act on the Municipality's behalf with respect to the
matters provided for in this Agreement:
Road Work: Director of Public Works
Building/Permits /Planning: Director of Building and Planning
Other Issues arising from Agreement: Chief Administrative Officer
The above noted Officials are authorized to approve the Plans and to the extent mutually
agreed in writing between the Parties, make minor amendments to the terms of this
agreement on behalf of the Municipality, consistent with its purpose, to carry out the intent
of this agreement. Any proposed changes which are not minor in nature must be brought to
the Municipality's Council for review and ratification before they will be binding upon the
Municipality. It is acknowledged and agreed that any change to the identification of the
Road Allowances as set forth in Schedule "A" hereto shall be deemed to be a minor change
and within the scope of the above noted Officials to approve.
5.3 The Municipality shall review the Plans, which review shall be completed within 30
business days for Plans relating to Installation Work, within 10 days for Plans relating to
Alteration Work, and within a reasonable time for Plans related to Decommissioning
Work, and thereafter either approve the Plans or advise SP Armow in writing of any
modifications or amendments to the Plans that the Municipality may seek and the reasons
therefor. During its review of the Plans the Municipality shall be entitled to take into
consideration any specific bona fide municipal or engineering interest affected by the
Plans. The Municipality agrees that it shall not unreasonably withhold, condition or delay
consent to the Plans to the extent that such plans are in compliance with applicable safety,
technical and regulatory standards, the requirements of Applicable Law and the other
provisions of this Agreement.
5.4 SP Armow shall not proceed with the Installation Work, Alteration Work or
Decommissioning Work before receiving:
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(a) written approval of the Plans from the Municipality, which approval shall not be
unreasonably delayed, conditioned or withheld; and
(b) approval to proceed with the Installation Work or Alteration Work from any other
Public Authority having jurisdiction over the Work, to the extent that Applicable
Law requires such approval prior to the commencement of Installation Work or
Alteration Work.
5.5 The Parties agree that for Installation Work or Alteration Work involving the construction
or relocation of Entrances, SP Armow shall submit, as part of the Plans required pursuant
to Section 5.1 of this Agreement, detailed drawings of such Entrances and shall pay the
standard fees as per the Municipality's Consolidated Rates and Fees By -law.
5.6 SP Armow agrees to notify, prior to commencing Installation Work, Alteration Work or
Decommissioning Work, any other person, entity or body operating any equipment,
installations, utilities or other facilities within the Road Allowances or in the vicinity of the
Road Allowances where Work is to be conducted, of the details of the anticipated Work so
as to minimize the potential interference with or damage to such existing equipment,
installations, utilities, and other facilities by the said Work and so as to maintain the
integrity and security thereof.
5.7 In the event that physical features of the Road Allowances or other obstacles or
circumstances frustrate the ability of SP Armow to complete the Installation Work,
Alteration Work or Decommissioning Work in substantial compliance with the Plans
approved by the Municipality, or render substantial compliance with the Plans
commercially unreasonable, SP Armow and the Municipality agree to work together to
find commercially reasonable, mutually acceptable solutions, and SP Armow agrees to
revise the relevant Plans and submit such revised Plans for review by the Municipality.
The Municipality agrees to expedite the review of such revised Plans and shall not impose
unreasonable conditions on, or unreasonably withhold its approval of, such revised Plans.
5.8 SP Armow agrees to deposit as -built drawings and plans with the Municipality within one
hundred eighty (180) days after the completion of Installation Work and /or Alteration
Work showing the location and specifications of any Electrical Infrastructure installed
over, along, across, under or within the Road Allowances and the location and
specifications of any Entrances constructed pursuant to this Agreement.
6. Electrical Work
6.1 Subject to Section 41 of the Electricity Act (Ontario), the Developer confirms that all
low- voltage collector lines located on private property and municipal roads carrying
electricity from the Project's wind turbines shall be located underground, unless the
Developer can demonstrate to the reasonable satisfaction of the Municipality that it is not
feasible to construct such lines underground, giving consideration to safety, space,
limitation, existing or anticipated rights of way or easements, streams, trees, wetlands,
non - permitted controlled land, current infrastructure and future municipal developments,
as mutually determined by the Developer and the Municipality, acting reasonably. The
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Developer shall work with the Municipality in considering the design and location of the
Project's lines, including the burial thereof. Any Plans submitted by SP Armow in
connection with Electrical Work shall identify the locations in which SP Armow proposes
to install above -grade Electrical Infrastructure and shall set out the reasons therefor. The
Municipality agrees that it shall not unreasonably refuse to approve above -grade
installation if warranted by local conditions.
6.2 If buried Electrical Infrastructure routes need to cross the travelled surface of the
Municipality's roads, such crossings shall be constructed by boring underneath the roads
instead of breaking open the surface of the roads, provided that SP Armow shall be entitled
to utilize alternate construction methods for Electrical Work located between the roadside
drainage ditch and the boundary of the Road Allowance of such Road Allowances,
including without limitation utility plowing for buried cables. If buried Electrical
Infrastructure routes need to cross the travelled surface of a road in a location where a
boring is not possible for technical, right -of -way or environmental reasons, SP Armow
shall seek the permission of the Municipality with respect to installing the Electrical
Infrastructure through an open cut. The Municipality agrees that it shall not unreasonably
refuse to approve an open cut installation for such road crossings if required by local
conditions. SP Armow further agrees that all reasonable efforts will be made to install the
Electrical Infrastructure, to the satisfaction of the Municipality:
(a) in a defined corridor between the roadside drainage ditch and the boundary of the
Road Allowance unless otherwise approved by the Municipality, such approval not
to be unreasonably withheld;
(b) at appropriate depths and /or elevations within the relevant Road Allowance so as to
avoid conflicts with other existing infrastructure, to the satisfaction of the
Municipality, acting reasonably; and
(c) in consistent locations within the Road Allowances such that the number of road
crossings is minimized, to the satisfaction of the Municipality, acting reasonably.
6.3 SP Armow acknowledges and agrees that its rights under this Agreement to install
Electrical Infrastructure over, along, across, within or under the Road Allowances are
subject to the following rights:
(a) the right of free use of the Road Allowances by all persons or parties otherwise
entitled to such use;
(b) the rights of the owners of the property adjoining any relevant Road Allowance to
full access to and egress from their property and adjacent rights -of -way, highways,
streets or walkways and the consequential right of such persons or parties to
construct crossings and approaches from their property to any such right -of -way,
highway, street, or walkway, subject to any necessary approvals from Public
Authorities; and
(c) the rights and privileges that the Municipality may have previously granted to any
other person or party to such Road Allowance or lands.
12
6.4 SP Armow agrees at its sole expense to:
(a) mark the location of Electrical Infrastructure installed by SP Armow within the
Road Allowances with appropriate markings to the satisfaction of the Municipality,
acting reasonably;
(b) participate in the "One Call" system to facilitate ongoing notice to the public of the
location of the Electrical Infrastructure; and
(c) upon request of the Municipality through its officials or authorized agents, or
otherwise, properly and accurately identify the location of any Electrical
Infrastructure within the Municipality, such reports to identify the depth of the
relevant portion of the Electrical Infrastructure, such request to be made in writing
to SP Armow with advance notice of ten (10) business days prior to the
Municipality or a third party commencing work that may conflict with the
Electrical Infrastructure.
6.5 The Parties agree and acknowledge that SP Armow shall be entitled to relocate installed
Electrical Infrastructure or Entrances on its own initiative by complying with the terms of
this Agreement respecting Alteration Work.
6.6 In the event that the Municipality, acting reasonably and with diligence, deems it necessary
that installed Electrical Infrastructure or Entrances be modified or relocated (the
"Relocation "), then provided that the Municipality offers or otherwise confirms its
agreement to a reasonable alternate location or locations within which SP Armow may
install such Electrical Infrastructure or Entrances and each such location is reasonably
proximate to the original location of the Electrical Infrastructure or Entrances, as
applicable, the required Alteration Work and /or Installation Work shall be conducted by
SP Armow, within a reasonable period of time (but in any event not less than one hundred
eighty (180) days), in accordance with the terms of this Agreement respecting Alteration
Work and /or Installation Work, and subject to Sections 6.7 and 6.8, the Municipality shall
reimburse SP Armow the full cost (100 %) of such Work if the request is made by the
Municipality within the initial five (5) years after the date that the Municipality has
approved the applicable Plan pursuant to Section 5, and one -half (50 %) of the costs of such
Work for the remainder of the term of this Agreement.
6.7 In the event that the Relocation is required by Kincardine's Drainage Superintendent to
deal with a drainage problem caused by SP Armow or its agents or contractors the full cost
(100 %) of such Work shall be borne by SP Armow.
6.8 In the event that the Municipality, acting reasonably and with diligence, deems it necessary
that installed Electrical Infrastructure or Entrances be modified or relocated as a result of
work or uses undertaken or proposed by any third party ( "Third Party Work "), the
required Alteration Work and /or Installation Work shall be conducted by the SP Armow in
accordance with the terms of this Agreement respecting Alteration Work and /or
Installation Work, and the full cost (100 %) of such Work shall be borne solely by the third
party. Notwithstanding the foregoing, the Municipality agrees that it will not permit such
13
Third Party Work, without the approval of SP Armow, if such Third Party Work would
adversely affect the Work, the Wind Project or the exercise of SP Armow's rights under
this Agreement. The Municipality agrees to give the SP Armow one hundred eighty (180)
days' notice of the need for any such Third Party Work and to require that the relevant third
party or parties bear the full cost (100 %) of the Alteration Work and /or Installation Work
and indemnify the SP Armow against all claims and liabilities arising from the required
Alteration Work and /or Installation Work as a condition precedent to any grant, permit or
approval from the Municipality for the Third Party Work.
7. Repair Work
7.1 SP Armow shall be entitled to conduct Repair Work without prior approval of the
Municipality provided that:
(a) all Repair Work complies with the requirements of Section 4 and 5 of this
Agreement; and
(b) SP Armow gives at least five (5) business days' notice to the Municipality that
Repair Work will occur if such Repair Work:
(i) will have or is likely to have Traffic Effects;
(ii) will involve or is likely to involve Tree Work as defined hereinafter, and /or
(iii) could present a danger to public health and safety.
8. Tree Work
8.1 In the event that SP Armow, acting reasonably, deems it necessary for purposes of
undertaking and completing Work, to cut, trim or remove trees or bushes growing in the
Road Allowances, SP Armow shall be entitled to conduct the necessary Tree Work
provided SP Armow first provides a Tree Preservation / Replacement Plan for Municipal
approval in respect of the Tree Work in advance of undertaking such Tree Work and makes
reasonable efforts to minimize the amount of Tree Work. In the event that trees are
removed from within the Road Allowances, SP Armow agrees, at its sole expense, to
remove the tree stump to a level below grade and to restore and remediate the surface of the
Road Allowance in accordance with Section 4.4 of this Agreement.
8.2 In the event that Tree Work involves removal of trees from the Road Allowance, SP
Armow shall replace such trees at SP Armow's sole expense, in accordance with the
following protocol, to the satisfaction of the Municipality, unless otherwise agreed to by
the Municipality:
(a) Trees below 7.5 cm dbh (diameter at breast height) will not be replaced;
(b) Trees 7.5 cm dbh or greater but less than 15 cm dbh will be replaced at a ratio of two
(2) trees for each tree removed;
14
(c) Trees 15 cm dbh or greater but less than 30 cm dbh will be replaced at a ratio of
three (3) trees for each tree removed; and
(d) Trees greater than 30 cm dbh will be replaced at a ratio of five (5) trees for each tree
removed;
(e) The locations for the replacement trees shall be determined by the Municipality.
9. Abandonment and Decommissioning of Electrical Infrastructure
9.1 The Parties agree that SP Armow may from time to time during the term of this Agreement,
permanently discontinue the use of ( "Abandon" and "Abandonment ") all or any part of
the Electrical Infrastructure that is located within the Road Allowance. SP Armow shall
give written notice of any Abandonment to the Municipality at least sixty (60) days prior to
such Abandonment, specifying the part of the Electrical Infrastructure that will be
Abandoned.
9.2 If SP Armow Abandons any part or all of the Electrical Infrastructure located within the
Road Allowance, SP Armow shall deactivate all Abandoned Electrical Infrastructure and
certify to the Municipality that such Abandoned Electrical Infrastructure has been
deactivated within sixty (60) days of its Abandonment.
9.3 If SP Armow Abandons any part or all of its overhead Electrical Infrastructure that is
located within the Road Allowance and is not shared with Hydro One or other utilities, SP
Armow shall, at its sole expense, remove that part of its overhead Electrical Infrastructure
in accordance with a Decommissioning Plan submitted by SP Armow a minimum of one
hundred and eighty (180) days prior to its Abandonment and approved by the Municipality
pursuant to Section 5 of this Agreement, failing which, the Municipality shall have the
right to draw upon the security provided pursuant to Section 3.8 of this Agreement for the
purpose of removing this Abandoned overhead Electrical Infrastructure and SP Armow
shall have no recourse against the Municipality for any loss, expense or damages
occasioned thereby.
9.4 A minimum of one hundred and eighty (180) days prior to SP Armow Abandoning any
underground Electrical Infrastructure that is located within the Road Allowance, SP
Armow shall consult with the Municipality in good faith to come to an agreement with
respect to removing such Abandoned underground Electrical Infrastructure or leaving it in
place within the Road Allowances. If any such Abandoned underground Electrical
Infrastructure that is left in place comes to interfere with any construction, alteration, work
or improvement undertaken by the Municipality, the Municipality may, at its sole cost and
expense, remove and dispose of so much of the Abandoned and deactivated part of the
Electrical Infrastructure as the Municipality may require for such purposes and neither
Party shall have recourse against the other for any loss, expense or damages occasioned
thereby.
9.5 The Parties agree that the principles for decommissioning of electrical infrastructure within
municipal road allowances articulated in the Decommissioning Plan Report referenced in
15
Conditions A5 and A6 of the Renewable Energy Approval for the Project will apply to the
Decommissioning Work. The Parties also agree and acknowledge that the aforementioned
Decommissioning Plan Report does not relieve SP Armow of the obligation to file detailed
Plans for the approval of the Municipality in accordance with Section 5.1 of this
Agreement.
9.6 Any Abandoned Electrical Infrastructure that is finally left in place upon the completion of
decommissioning shall become the property of the Municipality.
10. Assignment
10.1 SP Armow may not assign this Agreement without the written consent of the Municipality,
which shall not be unreasonably withheld, except that no consent shall be required (i) for
SP Armow to assign this Agreement to an affiliated or successor entity, or to a buyer of all
or part of SP Armow's interest in the Wind Project, provided that all payments due under
this Agreement have been satisfied and the assignee agrees in writing to assume and fulfill
all of the covenants, agreements, terms and provisions and to abide by all limitations set
forth in this Agreement, or (ii) for purposes of securing indebtedness or other obligations
respecting the Electrical Infrastructure or the Wind Project, provided that if the Secured
Party (as hereinafter defined) realizes on the security and further assigns this Agreement,
the assignee agrees in writing to assume and fulfill all of the covenants, agreements, terms
and provisions and to abide by all limitations set forth in this Agreement. The Municipality
acknowledges that a change in control of SP Armow shall not be considered an assignment
by SP Armow of this Agreement or of any of SP Armow's rights and obligations under this
Agreement.
10.2 For greater certainty, SP Armow shall be entitled to assign this Agreement and all of its
rights thereunder without the consent of the Municipality to SP Armow's lenders
( "Secured Parties" or "Secured Party" as applicable) as security for SP Armow's
obligations to such Secured Parties which shall be further entitled to assign this Agreement
and SP Armow's rights thereunder in connection with an enforcement of their security.
The Municipality hereby agrees to execute and deliver an Acknowledgement and Consent
Agreement in favour of any applicable Secured Party or assignee thereof, in the form
attached as Schedule `B ", or as may otherwise be agreed.
10.3 SP Armow shall be entitled, with the written consent of the Municipality, which may not
be unreasonably withheld or conditioned, to assign this Agreement to a transferee of the
Wind Project other than an affiliated or successor company, and SP Armow shall
thereupon be released from any and all obligations under this Agreement from and after the
date of such assignment, provided that such assignee has agreed in writing with the
Municipality, in a form acceptable to the assignee and the Municipality both acting
reasonably, to be bound by the provisions of this Agreement from and after the date of the
assignment.
16
11. Default
11.1 If a Party shall commit a breach of or omit to comply with any of the provisions of this
Agreement (the "Defaulting Party "), the other Party (the "Complainant ") may give the
Defaulting Party notice in writing specifying the breach complained of and indicating the
intention of the Complainant to terminate this Agreement unless the Defaulting Party shall
have remedied the breach within the period mentioned in the notice, which period shall be
not less than sixty (60) days. If the Defaulting Party shall have within such notice period
commenced to remedy the breach and has diligently pursued the remedying thereof, the
Defaulting Party shall be allowed one hundred and fifty (150) days after the expiry of the
original notice period to remedy the breach. After the expiration of the later of the
applicable periods, this Agreement may, at the option of the Complainant, be terminated in
which case the rights and obligations of the Parties shall be determined in accordance with
Applicable Law.
11.2 Whenever, and to the extent that a Party will be unable to fulfil or will be delayed or
restricted in the fulfillment of any obligation under any provision of this Agreement by
reason of:
(a) strikes;
(b) lock -outs;
(c) war or acts of military authority;
(d) rebellion or civil commotion;
(e) material or labour shortage not within the control of the affected Party;
(f) fire or explosion;
(g) flood, wind, water, earthquake, or other casualty;
(h) changes in Applicable Law not within the control of the affected Party, including
the revocation by any Public Authority of any permit, privilege, right, approval,
licence or similar permission in respect of the Wind Project;
(i) any event or matter not wholly or mainly within the control of the affected Party
(other than lack of funds or any financial condition of the parties hereto); or,
0) acts of God,
(in each case a "Force Majeure ")
not caused by the default or act of or omission by that Party and not avoidable by the
exercise or reasonable effort or foresight by it, then, so long as any such impediment exists,
that Party will be relieved from the fulfillment of such obligation and the other Party will
not be entitled to compensation for any damage, inconvenience, nuisance or discomfort
17
thereby occasioned. The Party relying on Force Majeure will be required and is entitled to
perform such obligation within a period of time immediately following the discontinuance
of such impediment that is equal to the period of time that such impediment existed. A
Party shall promptly notify the other Party of the occurrence of any Force Majeure, which
might prevent or delay the doing or performance of acts or things required to be done or
performed.
12. Dispute Resolution
12.1 In the event that either Party provides the other Party with written notice of a dispute
regarding the interpretation or implementation of this Agreement (a "Dispute ") then both
Parties shall use their best efforts to settle the Dispute by consulting and negotiating with
each other in good faith to reach a solution satisfactory to both Parties. However, if the
Parties do not resolve the Dispute within thirty (30) days following receipt of such notice,
then either Party may provide written notice to the other Party (the "Arbitration Notice ")
requiring resolution by arbitration and thereafter the Dispute shall be referred to arbitration
in accordance with the provisions of the Arbitration Act, 1991.
12.2 The arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of
the Parties or, if the Parties fail to agree on an arbitrator within ten (10) days after receipt of
the Arbitration Notice, then either Party may apply to a judge of the Superior Court of
Justice to appoint an arbitrator. The arbitrator shall be qualified by education and training
to pass upon the matter to be decided.
12.3 The arbitration shall be conducted in English and shall take place in London, Ontario or
another place mutually agreed upon by the Parties.
12.4 The arbitration award shall be given in writing and shall address the question of costs of the
arbitration and all related matters. The arbitration award shall be final and binding on the
Parties as to all questions of fact and shall be subject to appeal only with respect to matters
of law or jurisdiction.
12.5 Except to the extent that a matter is specifically the subject of a Dispute, both Parties shall
continue to observe and perform the terms and conditions of this Agreement pending the
resolution of a Dispute.
13. Further Assurances
13.1 Each of the Parties covenants and agrees with the other that it will at all times hereafter
execute and deliver, at the request of the other, all such further documents, agreements,
deeds and instruments, and will do and perform all such acts as may be necessary to give
full effect to the intent and meaning of this Agreement.
14. Liability
14.1 SP Armow hereby acknowledges that its performance of the Work and operation of the
Electrical Infrastructure and Wind Project are entirely at its own risk and the Municipality
shall in no way and in no circumstances be responsible or liable to SP Armow, its
18
contractors, agents, or customers for any damage or losses in consequence thereof,
regardless of how such damage or loss was suffered or incurred, other than damage or loss
arising out of the negligence of, or a breach of this Agreement by, the Municipality, anyone
directly or indirectly employed by the Municipality, or anyone for whose acts the
Municipality is in law responsible.
14.2 SP Armow shall indemnify and hold harmless the Municipality from and against all
claims, liabilities, losses, costs, damages or other expenses of every kind that the
Municipality may incur or suffer as a consequence of personal injury, including death, and
property damages arising out of the negligent performance of any Work or the willful
misconduct of SP Armow or those for whom it is in law responsible in connection with the
Work on the Road Allowances.
14.3 The Parties agree and acknowledge that no relationship is formed between the Parties in
the nature of a joint venture, partnership, co- ownership arrangement or other similar
relationship.
15. Notice
15.1 All notices, communications and requests for approval which may be or are required to be
given by either party to the other herein shall be in writing and shall be given by delivery by
courier or by facsimile addressed or sent as set out below or to such other address or
facsimile number as may from time to time be the subject of a notice:
To the Municipality:
The Corporation of the Municipality of Kincardine
1475 Concession 5 Road
Kincardine, ON N2Z 2X6
Attention: Director of Public Works
Facsimile: 519- 396 -8288
To SP Armow:
c/o Samsung Renewable Energy Inc.
55 Standish Court, 9 Floor
Mississauga, ON
L5R 4B2
Attention: General Counsel
Facsimile: 905- 285 -1852
With a copy to:
do Pattern Renewable Holdings Canada ULC
Pier 1, Bay 3
19
San Francisco, CA 941111
Attention: General Counsel
Facsimile: 415- 362 -7900
15.2 Any notice, if delivered by courier, shall be deemed to have been validly and effectively
given and received on the date of such delivery and if sent by facsimile with confirmation
of transmission, shall be deemed to have been validly and effectively given and received on
the day it was received, whether or not such day is a business day.
16. Governing Law
16.1 This Agreement shall be governed by, and be construed and interpreted in accordance with,
the laws of Ontario and the laws of Canada applicable in Ontario.
17. Miscellaneous
17.1 This Agreement may be executed by facsimile or PDF transmission and in one or more
counterparts, all of which shall be considered one and the same Agreement.
17.2 This Agreement and the rights granted hereunder shall extend to, benefit and bind the
parties hereto, their respective successors and permitted assigns.
17.3 The invalidity or unenforceability of any provision contained in this Agreement shall affect
the validity or enforceability of such provision or covenant only and any such invalid
provision shall be deemed to be severable from the balance of this Agreement, which shall
be enforced to the greatest extent permitted by law.
17.4 No supplement, modification, amendment, or waiver of this Agreement shall be binding
unless executed in writing by the Parties.
17.5 SP Armow shall reimburse the Municipality for all reasonable professional fees it has
incurred prior to the execution of this Agreement in connection with the review of this
Agreement: up to a maximum of $30,000. Any professional fee expenses in connection
with this Agreement incurred by the Municipality after execution of this Agreement and
before the Commercial Operation Date shall be reimbursed by SP Armow pursuant to
Section 3.9 of this Agreement.
17.6 All references to "including" in this Agreement means "including without limitation ".
20
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representatives to be effective as of the date stated at the beginning of this
Agreement.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Name: l-.a+ I,rwe .e v∎
Title: IA ✓. ,
f-1( C■--a 9 ‘ ° ‘ C ‘Os-
Name: Nymivc_— (C-2.►o✓
Title: CAO , `
SP ARMOW WIND ONTARIO LP, an
Ontario limited partnership, by its general
partner, SP ARMOW WIND ONTARIO GP
INC.
Name: COL IN EDWARDS
Title: DIRECTOR
Name: •
Title: Se • ! -Gul ' ee
A (RECTOR
21
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SCHEDULE "B"
ACKNOWLEDGMENT AND CONSENT AGREEMENT FORM
This Owner's Acknowledgement and Consent Agreement (this "Acknowledgement ") is made as
of the day of , 20, by and between , a municipal corporation under the
Municipal Act, 2001 (the "Owner ") and [Collateral Agent] (the "Collateral Agent "), as
collateral agent for the Secured Parties (as defined in Credit Agreement) pursuant to a credit
agreement dated , 20 (as amended, modified or supplemented from time to time,
the "Credit Agreement ") among, inter alios, (the "Borrower "), the Collateral
Agent and the financial institutions from time to time party thereto, as lenders (collectively, the
"Lenders ").
WHEREAS:
A. The Borrower and the Owner entered into a Road Use Agreement dated
(the "Agreement "), pursuant to which the Owner granted to the
Borrower, inter alia, certain rights in connection with access to a Highway (the
"Rights ") on the terms and conditions set out in the Agreement.
B. The parties hereto further acknowledge that the Agreement provides that the
Agreement shall terminate if the Wind Project (as defined in the Agreements and
hereinafter referred to as "Facilities ") have been fully decommissioned
C. Pursuant to the Credit Agreement (and documentation delivered in connection
therewith), the Collateral Agent has been granted charges, mortgages, assignments
and security interests (collectively, the "Security Interests ") in all of the property,
undertaking, assets, interests, rights and benefits of the Borrower, including without
limitation, all of the Borrower's interest in and rights under the Agreement
(collectively, the "Collateral ").
D. The Owner has agreed to execute and deliver this Acknowledgement to the Collateral
Agent pursuant to the provisions of the Agreement.
NOW THEREFORE in consideration of the sum of Two Dollars ($2) paid by the Collateral
Agent to the Owner and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Owner hereby acknowledges, covenants and confirms to the
Collateral Agent as follows:
1. The Owner consents to the creation of the Security Interests.
2. The Owner acknowledges that, following an event of default by the Borrower under the
Credit Agreement or an event of default as defined in the Collateral Agency Agreement (each, an
I i
"Event of Default "), the Collateral Agent or the Secured Parties or any nominee or designee
thereof or any receiver or receiver - manager (collectively, a "Secured Party ") shall have the
right to enforce the Security Interests, including, without limitation, the right to enjoy and
enforce the rights of the Borrower under the Agreement and, in the course of the enforcement of
such rights, shall be entitled to assign, transfer or otherwise dispose of the Borrower's rights and
interest in and under the Agreement, provided that in exercising such rights the Secured Party
shall assume all of the liabilities and obligations of the Borrower under or in connection with the
Agreement.
3. Notwithstanding anything contained in this Agreement, the parties hereto acknowledge
and agree that in the event that the Facilities are fully decommissioned, this Acknowledgement
and the Agreement shall be deemed null and void.
4. The Owner agrees:
(a) to give the Collateral Agent written notice ( "the Notice ") (at the addresses below)
of any default by the Borrower under the Agreement, concurrent with the delivery
of such notice to the Borrower;
(b) that if the Borrower fails to cure the breach or default identified in the Notice, the
Collateral Agent or any other Secured Party may, but in no way shall be obligated
to, cure such default and the Owner shall not terminate the Agreement or exercise
any other remedy under the Agreement if the Collateral Agent or any other
Secured Party, within 60 days of the date of receipt of the Notice by the Collateral
Agent, is proceeding to cure such breach or default;
(c) that upon any default by the Borrower under the Agreement, it shall not exercise
any right to terminate if the Collateral Agent or any other Secured Party agrees
within 60 days of receipt of the Notice to assume the rights and all of the
liabilities and obligations of the Borrower under the Agreement;
(d) that if the Agreement is terminated or surrendered for any reason prior to the
expiry of the term thereof, the Owner shall give notice of such termination
( "Notice of Termination ") to the Collateral Agent and shall, save and except if
the Facilities have been fully decommissioned, offer to enter into replacement
agreement (the "Replacement Agreement ") with the Collateral Agent or another
Secured Party, which Replacement Agreement shall be upon the same terms and
conditions as the Agreement; and
(e) that if within 30 days of receipt of the Notice of Termination the Collateral Agent
requests a Replacement Agreement, the Owner shall enter into such Replacement
Agreement with, as applicable, the Collateral Agent or another Secured Party
upon the same terms and conditions as the Agreement. Notwithstanding any of
the foregoing, the Collateral Agent confirms and acknowledges that the Owner
shall not be liable to the Collateral Agent or any other Secured Party for the non-
delivery of any notice pursuant to subsection 4(a) above.
5. The Collateral Agent covenants and agrees with the Owner that during any period the
Collateral Agent exercises its Security Interests and (either directly or indirectly through a
Secured Party) forecloses upon the Agreement, or succeeds to the interest of the Borrower under
the Agreement, it will assume all of the obligations of the Borrower under or in connection with
the Agreement during such period, and thereafter observe and perform all of the Borrower's
obligations under the Agreement.
6. The Owner confirms and acknowledges that in the event that the Collateral Agent intends
to assign, transfer or otherwise dispose of its interest in the Agreement (or the Replacement
Agreement) pursuant to its Security Interests (a "Transfer "), the Collateral Agent shall notify
the Owner of said Transfer in writing prior to effecting same ( "Notice of Transfer "). The
Collateral Agent shall cause the assignee or transferee to agree in writing with the Owner,
concurrent with the Transfer being effected, to assume and perform all of the covenants and
obligations of the Borrower pursuant to the Agreement (or the obligations of the Collateral
Agent, any other Secured Party pursuant to the Replacement Agreement). Hereupon the
Collateral Agent shall, without further agreement, be freed and relieved of all liability with
respect to the Agreement (or the Replacement Agreement) from and after the effective date of
such Transfer. Notwithstanding the foregoing, the Owner confirms and acknowledges that the
Collateral Agent shall not be liable to the Owner for the non - delivery of the Notice of Transfer
pursuant to this section 6.
7. All notices hereunder shall be in writing, delivered by courier or sent by registered mail,
return receipt requested, or by telecopy, and if sent by facsimile, with confirmation of
transmission, and shall be deemed to have been validly and effectively received if faxed prior to
5 p.m. and not on a weekend or holiday to the respective parties and the addresses set forth on
the signature pages or at such other address as the receiving party shall designate in writing.
8. This Acknowledgement may be executed in any number of counterparts, shall be
governed by the laws of the Province of Ontario and binds and inures to the benefit of the
Collateral Agent and its successors and assigns, and shall be binding upon the Owner and its
successors and assigns.
9. Each of the parties hereto agrees to do, make and execute all such further documents,
agreements, assurances, acts, matters and things and take such further action as may be
reasonably required by any other party hereto in order to more effectively carry out the true
intent of this Acknowledgement.
10. The provisions of this Acknowledgement shall continue in effect until the Owner shall
have received the written certification of the Collateral Agent that all amounts advanced, and
obligations arising, under the Credit Agreement and all Obligations (as defined in the Collateral
Agency Agreement) have been paid and performed in full.
IN WITNESS WHEREOF, this Acknowledgement is executed by the parties.
[insert signature block]
SCHEDULE "H"
Form of Acknowledgement and Consent Agreement
[See attached]
25
SCHEDULE "H"
ACKNOWLEDGMENT AND CONSENT AGREEMENT FORM
This Owner's Acknowledgement and Consent Agreement (this "Acknowledgement ") is made as
of the day of , 20_, by and between , a municipal corporation under the
Municipal Act, 2001 (the "Owner ") and [Collateral Agent] (the "Collateral Agent "), as
collateral agent for the Secured Parties (as defined in Credit Agreement) pursuant to a credit
agreement dated , 20 (as amended, modified or supplemented from time to time,
the "Credit Agreement ") among, inter alios, (the "Borrower "), the Collateral
Agent and the financial institutions from time to time party thereto, as lenders (collectively, the
"Lenders ").
WHEREAS:
A. The Borrower and the Owner entered into a Development Agreement dated
(the "Agreement "), pursuant to which the Owner granted to the
Borrower, inter alia, certain rights in connection with access to a Highway (the
"Rights ") on the terms and conditions set out in the Agreement.
B. The parties hereto further acknowledge that the Agreement provides that the
Agreement shall terminate if the Wind Project (as defined in the Agreements and
hereinafter referred to as "Facilities ") have been fully decommissioned
C. Pursuant to the Credit Agreement (and documentation delivered in connection
therewith), the Collateral Agent has been granted charges, mortgages, assignments
and security interests (collectively, the "Security Interests ") in all of the property,
undertaking, assets, interests, rights and benefits of the Borrower, including without
limitation, all of the Borrower's interest in and rights under the Agreement
(collectively, the "Collateral ").
D. The Owner has agreed to execute and deliver this Acknowledgement to the Collateral
Agent pursuant to the provisions of the Agreement.
NOW THEREFORE in consideration of the sum of Two Dollars ($2) paid by the Collateral
Agent to the Owner and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Owner hereby acknowledges, covenants and confirms to the
Collateral Agent as follows:
1. The Owner consents to the creation of the Security Interests.
2. The Owner acknowledges that, following an event of default by the Borrower under the
Credit Agreement or an event of default as defined in the Collateral Agency Agreement (each, an
"Event of Default "), the Collateral Agent or the Secured Parties or any nominee or designee
thereof or any receiver or receiver - manager (collectively, a "Secured Party ") shall have the
right to enforce the Security Interests, including, without limitation, the right to enjoy and
enforce the rights of the Borrower under the Agreement and, in the course of the enforcement of
such rights, shall be entitled to assign, transfer or otherwise dispose of the Borrower's rights and
interest in and under the Agreement, provided that in exercising such rights the Secured Party
shall assume all of the liabilities and obligations of the Borrower under or in connection with the
Agreement.
3. Notwithstanding anything contained in this Agreement, the parties hereto acknowledge
and agree that in the event that the Facilities are fully decommissioned, this Acknowledgement
and the Agreement shall be deemed null and void.
4. The Owner agrees:
(a) to give the Collateral Agent written notice ( "the Notice ") (at the addresses below)
of any default by the Borrower under the Agreement, concurrent with the delivery
of such notice to the Borrower;
(b) that if the Borrower fails to cure the breach or default identified in the Notice, the
Collateral Agent or any other Secured Party may, but in no way shall be obligated
to, cure such default and the Owner shall not terminate the Agreement or exercise
any other remedy under the Agreement if the Collateral Agent or any other
Secured Party, within 60 days of the date of receipt of the Notice by the Collateral
Agent, is proceeding to cure such breach or default;
(c) that upon any default by the Borrower under the Agreement, it shall not exercise
any right to terminate if the Collateral Agent or any other Secured Party agrees
within 60 days of receipt of the Notice to assume the rights and all of the
liabilities and obligations of the Borrower under the Agreement;
(d) that if the Agreement is terminated or surrendered for any reason prior to the
expiry of the term thereof, the Owner shall give notice of such termination
( "Notice of Termination ") to the Collateral Agent and shall, save and except if
the Facilities have been fully decommissioned, offer to enter into replacement
agreement (the "Replacement Agreement ") with the Collateral Agent or another
Secured Party, which Replacement Agreement shall be upon the same terms and
conditions as the Agreement; and
(e) that if within 30 days of receipt of the Notice of Termination the Collateral Agent
requests a Replacement Agreement, the Owner shall enter into such Replacement
Agreement with, as applicable, the Collateral Agent or another Secured Party
upon the same terms and conditions as the Agreement. Notwithstanding any of
the foregoing, the Collateral Agent confirms and acknowledges that the Owner
shall not be liable to the Collateral Agent or any other Secured Party for the non-
delivery of any notice pursuant to subsection 4(a) above.
5. The Collateral Agent covenants and agrees with the Owner that during any period the
Collateral Agent exercises its Security Interests and (either directly or indirectly through a
Secured Party) forecloses upon the Agreement, or succeeds to the interest of the Borrower under
the Agreement, it will assume all of the obligations of the Borrower under or in connection with
the Agreement during such period, and thereafter observe and perform all of the Borrower's
obligations under the Agreement.
6. The Owner confirms and acknowledges that in the event that the Collateral Agent intends
to assign, transfer or otherwise dispose of its interest in the Agreement (or the Replacement
Agreement) pursuant to its Security Interests (a "Transfer "), the Collateral Agent shall notify
the Owner of said Transfer in writing prior to effecting same ( "Notice of Transfer "). The
Collateral Agent shall cause the assignee or transferee to agree in writing with the Owner,
concurrent with the Transfer being effected, to assume and perform all of the covenants and
obligations of the Borrower pursuant to the Agreement (or the obligations of the Collateral
Agent, any other Secured Party pursuant to the Replacement Agreement). Hereupon the
Collateral Agent shall, without further agreement, be freed and relieved of all liability with
respect to the Agreement (or the Replacement Agreement) from and after the effective date of
such Transfer. Notwithstanding the foregoing, the Owner confirms and acknowledges that the
Collateral Agent shall not be liable to the Owner for the non - delivery of the Notice of Transfer
pursuant to this section 6.
7. All notices hereunder shall be in writing, delivered by courier or sent by registered mail,
return receipt requested, or by telecopy, and if sent by facsimile, with confirmation of
transmission, and shall be deemed to have been validly and effectively received if faxed prior to
5 p.m. and not on a weekend or holiday to the respective parties and the addresses set forth on
the signature pages or at such other address as the receiving party shall designate in writing.
8. This Acknowledgement may be executed in any number of counterparts, shall be
governed by the laws of the Province of Ontario and binds and inures to the benefit of the
Collateral Agent and its successors and assigns, and shall be binding upon the Owner and its
successors and assigns.
9. Each of the parties hereto agrees to do, make and execute all such further documents,
agreements, assurances, acts, matters and things and take such further action as may be
reasonably required by any other party hereto in order to more effectively carry out the true
intent of this Acknowledgement.
10. The provisions of this Acknowledgement shall continue in effect until the Owner shall
have received the written certification of the Collateral Agent that all amounts advanced, and
obligations arising, under the Credit Agreement and all Obligations (as defined in the Collateral
Agency Agreement) have been paid and performed in full.
IN WITNESS WHEREOF, this Acknowledgement is executed by the parties.
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