01 06 2016 Council Agenda
The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Wednesday, January 6, 2016
Immediately Following the
Development Services Committee
Meeting
Page
1.Call to Order - Private Prayer/Moment of Reflection:
2.Adoption of Agenda:
a) Motion to Adopt the Agenda.
3.Disclosure of Pecuniary Interest:
4.Minutes of Council and Committees:
2 - 5a) Minutes of Council meeting held on Wednesday, December 2, 2015.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, January 6, 2016.
5.By-Laws:
6 - 11a) By-Law No. 2016-006: A By-law to Authorize the Execution of a
Condominium Agreement between the Corporation of the Township of Oro-
Medonte and Skyline Executive Acquisitions Inc.
6.Closed Session Items:
None.
7.Questions from the Public Clarifying By-Laws or Closed Session
Agenda Items:
8.Confirmation By-Law:
12 a) By-Law No. 2016-001: Being a By-Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, January 6, 2016.
9.Adjournment:
a) Motion to Adjourn.
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4.a) Minutes of Council meeting held on Wednesday, December ...
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4.a) Minutes of Council meeting held on Wednesday, December ...
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4.a) Minutes of Council meeting held on Wednesday, December ...
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4.a) Minutes of Council meeting held on Wednesday, December ...
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
SCHEDULE
CONDOMINIUM AGREEMENT
- between -
SKYLINE EXECUTIVE ACQUISITIONS INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PT LT 1 CON 4 ORO BEING PTS 1, 2, 3 & 4 ON PL 51R39261; SUBJECT TO AN
EASEMENT AS IN LT472330; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4
ORO BEING PTS 5 & 6 ON PL 51R28904 AS IN LT402475; TOGETHER WITH AN
EASEMENT OVER PT LT 1 & 2 CON 3 BEING PT 1 PL 51R31409 AS IN SC141616;
TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 3 MEDONTE BEING PT 1 PL
51R30016 AS IN SC663268; TOGETHER WITH AN EASEMENT OVER PT LOTS 3 & 4
CON 4 ORO BEING PT 1 ON PL 51R36466 AS IN SC774226; TOGETHER WITH AN
EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING PT 2 ON PL 51R36464 AS IN
SC774233; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING
PT 1 ON PL 51R36464 AS IN SC774235; TOGETHER WITH AN EASEMENT OVER PT
LT 1 CON 4 ORO PTS 5, 6, 7 & 8 51R39261 AS IN SC1170715; TOGETHER WITH AN
EASEMENT OVER PT LT 1 CON 4 ORO PTS 9 & 10 51R39261 AS IN SC1170715;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 & 2 51R39261 AS IN SC123922;
TOWNSHIP OF ORO-MEDONTE
Date: January 6, 2016
By-Law No. 2016-006
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
TOWNSHIP OF ORO-MEDONTE
CONDOMINIUM AGREEMENT
th
THIS AGREEMENT
made this 6 day of January, 2016, and authorized by By-law No. 2016-
006 of The Corporation of the Township of Oro-Medonte.
BETWEEN
:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(Hereinafter referred to as the
OF THE FIRST PART
AND:
SKYLINE EXECUTIVE ACQUSITIONS INC.
)
OF THE SECOND PART
WHEREAS
AND WHEREAS
the Owner has applied to the Township pursuant to the provisions of the
Condominium Act
, 1998, S.O., c.19, as amended for approval of a Plan of Condominium
Condominium thereby forming a Condominium Corporation;
AND WHEREAS
the residential development is subject to the Site Plan Agreement, dated
July 16, 2014, which agreement was registered on title on October 30, 2014 as Instrument
No. SC1171040;
AND WHEREAS
on August 13, 2015 the Township approved conditions of approval of the
AND WHEREAS
the request for condominium approval is appropriate, in that the
Condominium Plan conforms to the existing Official Plan policies and Zoning By-law
regulations and is subject to Site Plan Agreement(s);
AND WHEREAS
the condominium approval is subject to a condition that the Owner enter
into a Condominium Agreement with the Township;
AND WHEREAS
this Condominium Agreement is to reference certain conditions and
provisions from the Site Plan Agreements(s) and the Conditions of Draft Plan of
Condominium Approval.
NOW THEREFORE THIS AGREEMENT WTNESSETH
that in consideration of the approval
of the Plan of Condominium and the sum of TWO DOLLARS ($2.00), receipt of which is
hereby acknowledged, the Owner for itself and for all successors in title hereby agrees with
the Township as follows:
PRIOR THE REGISTRATION OF THE CONDOMINIUM DECLARATION
1. , the Owner
appropriate consulting professionals (Engineer, Architect, Ontario Land Surveyor)
confirming that the building(s) and other improvements have been completed in
conformity with the approved site plans and the Site Plan Agreement(s). Any matters
which will not be complete prior to the registration of the condominium declarations
shall be clearly outlined in writing in the Reports and shall be fully secured to the
satisfaction of the Township.
The Township shall not be obligated to permit the Condominium Plan to be registered
if such Reports have not been received or are not satisfactory to the Township. If,
however, the Township elects, in its sole discretion, to permit registration of the
Condominium Plan, any incomplete or non-conforming construction requirements
must be secured by the Owner in favour of the Township to the satisfaction of the
Township and the Owner shall be and remain fully responsible for the satisfactory
completion of the site works and other improvements.
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
Purchasers are hereby advised
2. that this Condominium Plan is subject to Site Plan
Agreement(s), referred to in paragraph 1.
Purchasers are further advised
3. that the Site Plan Agreement(s) may contain among
other things warning clauses and other conditions and provisions.
Purchasers are advised
4. that the Condominium Corporation shall be responsible
maintaining the required works as shown on the approved site plan(s) listed in the
Site Plan Agreement(s).
5. The Township requires and the Owner agrees that the Condominium Declaration
and all offers of purchase and sale shall include the following clauses required by the
Township, the Simcoe County District School Board and the Simcoe Muskoka
Catholic District School Board:
a. Purchasers renters, lessees are warned and advised that this Condominium
Plan is part of a larger development having received certain approvals and
that additional phases are contemplated.
b. Purchasers renters, lessees are warned and advised that there are no
schools operated or planned by Simcoe County District School Board or the
Simcoe Muskoka Catholic District School Board within this Condominium
Plan, or within walking distance of it, and that pupils may be transported
to/accommodated in temporary facilities and or be directed to facilities
outside of the area.
6. The Owner acknowledges and agrees that snow removal and clearing and garbage and
recycling pick-up shall be privately administered to the satisfaction of the Township and
shall be the responsibility of the Condominium Corporation.
7. The Developer and each individual unit owner, acknowledges that the waste treatment
facility and sewers are privately owned and operated and not under the control of the
Township.
8. The Owner acknowledges that there is an agreement between the Township of Oro-
Medonte and American Water Services Canada Corp. (By-law 2008-097) in regards
to the ownership, financing, construction, operation, maintenance, and repair of
certain sewer and waste treatment facilities which service this development.
9. The Owner acknowledges that there is an agreement between the Township of Oro-
Medonte and Skyline Utility Services Inc. (By-law 2014-075, as amended by By-law
2015-188) whereby the Township has accepted the waste water treatment plant
(WWTP), owned and operated by Skyline Utilities Inc., as a municipal capital facility
in order to impose a fee or charge upon persons that derive or will derive a benefit
from waste water services provided by the WWTP which services this development.
10. The Owner acknowledges that the Township shall register this Condominium
Agreement on title against the Lands to which it applies.
11. The Owner of the Lands, on behalf of itself, its successors and assigns and
subsequent owners agrees not to amend or apply to a Court to amend the Declaration
of the Condominium in regard to covenants, restrictions, warning clauses or
conditions which the township required to be included in the Declaration as per this
Condominium Agreement and any amendment thereto.
12. Any amendment to or waiver of any provision of this Condominium Agreement must
be in writing and signed by the parties.
13.
expense.
14. The Owner shall pay to the Township all costs associated with this agreement of
otherwise in any way in connection with the approval and registration of the
Condominium Plan, including legal fees and other costs incurred by the Township.
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
15. It is agreed between the parties hereto that every covenant, proviso, and Agreement
herein shall enure to the benefit of and be binding upon the parties hereto, and their
heirs, executors, administrators, successors and assigns, that all covenants here in
shall be construed as being joint and several and that, when the context so requires
or permits, the singular number shall be read as if the plural were expressed.
IN WITNESS WHEREOF
, the parties hereto have hereunto affixed their respective
corporate seals under the hands of the respective authorized officers.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWNSHIP OF
IN THE PRESENCE OF: ORO-MEDONTE
WITNESS MAYOR: H. S. HUGHES
WITNESS CLERK: J. DOUGLAS IRWIN
:
OWNER
SKYLINE EXECUTIVE ACQUSITIONS INC.
WITNESS Signature
Name:____________________________(print)
Position: __________________________(print)
I have the authority to bind the corporation
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5.a) By-Law No. 2016-006: A By-law to Authorize the Executio...
NOTE:
It is understood and agreed that this Schedule forms part of the Condominium
Agreement between the Township of Oro-Medonte and Skyline Executive
Acquisitions Inc.
LEGAL DESCRIPTION OF LANDS
PT LT 1 CON 4 ORO BEING PTS 1, 2, 3 & 4 ON PL 51R39261; SUBJECT TO AN
EASEMENT AS IN LT472330; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4
ORO BEING PTS 5 & 6 ON PL 51R28904 AS IN LT402475; TOGETHER WITH AN
EASEMENT OVER PT LT 1 & 2 CON 3 BEING PT 1 PL 51R31409 AS IN SC141616;
TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 3 MEDONTE BEING PT 1 PL
51R30016 AS IN SC663268; TOGETHER WITH AN EASEMENT OVER PT LOTS 3 & 4
CON 4 ORO BEING PT 1 ON PL 51R36466 AS IN SC774226; TOGETHER WITH AN
EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING PT 2 ON PL 51R36464 AS IN
SC774233; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING
PT 1 ON PL 51R36464 AS IN SC774235; TOGETHER WITH AN EASEMENT OVER PT
LT 1 CON 4 ORO PTS 5, 6, 7 & 8 51R39261 AS IN SC1170715; TOGETHER WITH AN
EASEMENT OVER PT LT 1 CON 4 ORO PTS 9 & 10 51R39261 AS IN SC1170715;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 & 2 51R39261 AS IN SC123922;
TOWNSHIP OF ORO-MEDONTE
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8.a) By-Law No. 2016-001: Being a By-Law to Confirm the Proc...
Municipal Act, 2001, S.O. 2001, C. 25, as amended
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