2016-006 Authorize Execution of Condo Agreement with Skyline 01 06 2016The Corporation of the Township of Oro-Medonte
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.
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements pursuant to the
Condominium Act, 1998, S.O. 1998, c. 19, imposed as a condition to the approval of a
plan of condominium, and such agreements may be registered against the land to which
the condominium plan applies being:
PT LT 1 CON 4 ORO BEING PTS 1, 2, 3 & 4 ON PL 51 R39261; SUBJECT TO AN
EASEMENT AS IN LT472330; TOGETHER WITH AN EASEMENT OVER PT LT 2
CON 4 ORO BEING PTS 5 & 6 ON PL 51 R28904 AS IN LT402475; TOGETHER WITH
AN EASEMENT OVER PT LT 1 & 2 CON 3 BEING PT 1 PL 51 R31409 AS IN
SC141616; TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 3 MEDONTE
BEING PT 1 PL 51 R30016 AS IN SC663268; TOGETHER WITH AN EASEMENT
OVER PT LOTS 3 & 4 CON 4 ORO BEING PT 1 ON PL 51 R36466 AS IN SC774226;
TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING PT 2 ON
PL 51 R36464 AS IN SC774233; TOGETHER WITH AN EASEMENT OVER PT LT 2
CON 4 MEDONTE BEING PT 1 ON PL 51 R36464 AS IN SC774235; TOGETHER
WITH AN EASEMENT OVER PT LT 1 CON 4 ORO PTS 5, 6, 7 & 8 51 R39261 AS IN
SC1170715; TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 4 ORO PTS 9 &
10 51 R39261 AS IN SC1170715; SUBJECT TO AN EASEMENT IN GROSS OVER
PTS 1 & 2 51 R39261 AS IN SC123922; TOWNSHIP OF ORO-MEDONTE
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Condominium Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule "A";
2. That the Condominium Agreement, a copy of which is attached hereto and forms
part of this By-law as Schedule "A", be registered on title against the lands
described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Condominium Agreement against the owners and any and all subsequent
owners of the land
4. That this By -Law shall come into effect upon the date of passage hereof, subject
to the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third time, and Passed this 6th day of January,
2016.
The Corporation of the Township of Oro-Medonte
Ar, ughes
DepAy Clerk, Janette Teeter
APPENDIX "A" a6t1p �- 00�
Schedule � to Bylaw No.
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 51 R28904 AS IN LT402475; TOGETHER WITH AN
EASEMENT OVER PT LT 1 & 2 CON 3 BEING PT 1 PL 51 R31409 AS IN SC141616;
TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 3 MEDONTE BEING PT 1 PL
51 R30016 AS IN SC663268; TOGETHER WITH AN EASEMENT OVER PT LOTS 3 & 4
CON 4 ORO BEING PT 1 ON PL 51 R36466 AS IN SC774226; TOGETHER WITH AN
EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING PT 2 ON PL 51 R36464 AS IN
SC774233; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING
PT 1 ON PL 51 R36464 AS IN SC774235; TOGETHER WITH AN EASEMENT OVER PT
LT 1 CON 4 ORO PTS 5, 6, 7 & 8 51 R39261 AS IN SC1170715; TOGETHER WITH AN
EASEMENT OVER PT LT 1 CON 4 ORO PTS 9 & 10 51 R39261 AS IN SC1170715;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 & 2 51 R39261 AS IN SC123922;
TOWNSHIP OF ORO-MEDONTE
Date: January 6, 2016
By -Law No. 2016-006
TOWNSHIP OF ORO-MEDONTE
CONDOMINIUM AGREEMENT
THIS AGREEMENT made this 6th day of January, 2016, and authorized by By-law No.
2016-006 of The Corporation of the Township of Oro-Medonte.
BETWEEN:
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(Hereinafter referred to as the "Township")
OF THE FIRST PART
SKYLINE EXECUTIVE ACQUSITIONS INC.
(Hereinafter referred to as the "Owner")
OF THE SECOND PART
WHEREAS the Owner owns the lands described in Schedule "A" attached hereto
(hereinafter referred to as the "Lands");
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
(hereinafter referred to as the "Condominium Plan") with the intention of registering the
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
Draft Plan of Condominium (hereinafter referred to as the "Conditions of Draft Plan of
Condominium Approval');
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, the
Owner shall submit written report(s) (herein after referred to as the `Reports") from
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.
2. Purchasers are hereby advised that this Condominium Plan is subject to Site Plan
Agreement(s), referred to in paragraph 1.
3. Purchasers are further advised that the Site Plan Agreement(s) may contain
among other things warning clauses and other conditions and provisions.
4. Purchasers are advised 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. Whenever this agreement states "the Owner shall..." this shall mean at the Owner's
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.
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
IN THE PRESENCE OF:
WITNESS
WI ESS
TNESS
THE CORPORATION OF THE TOWNSHIP OF
OWNER:
SKYLINE EXECUTIVE ACQUSITIONS INC.
M/---74 -
Signatu e
Name: �l ���'/ �4 (print)
Position: /'`'" (print)
I have the authority to bind the corporation
SCHEDULE "A"
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 51 R28904 AS IN LT402475; TOGETHER WITH AN
EASEMENT OVER PT LT 1 & 2 CON 3 BEING PT 1 PL 51 R31409 AS IN SC141616;
TOGETHER WITH AN EASEMENT OVER PT LT 1 CON 3 MEDONTE BEING PT 1 PL
51 R30016 AS IN SC663268; TOGETHER WITH AN EASEMENT OVER PT LOTS 3 & 4
CON 4 ORO BEING PT 1 ON PL 51 R36466 AS IN SC774226; TOGETHER WITH AN
EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING PT 2 ON PL 51 R36464 AS IN
SC774233; TOGETHER WITH AN EASEMENT OVER PT LT 2 CON 4 MEDONTE BEING
PT 1 ON PL 51 R36464 AS IN SC774235; TOGETHER WITH AN EASEMENT OVER PT
LT 1 CON 4 ORO PTS 5, 6, 7 & 8 51 R39261 AS IN SC1170715; TOGETHER WITH AN
EASEMENT OVER PT LT 1 CON 4 ORO PTS 9 & 10 51 R39261 AS IN SCI 170715;
SUBJECT TO AN EASEMENT IN GROSS OVER PTS 1 & 2 51 R39261 AS IN SC123922;
TOWNSHIP OF ORO-MEDONTE