2016-037 Authorize the Execution of a consent agreement with J. Ambrose Cook and Marianna GilbertThe Corporation of the Township of Oro-Medonte
By-law No. 2016-037
A By-law to Authorize the Execution of a Consent Agreement with J. Ambrose
Cook and Marianna Gilbert — Consent for Part 1, Plan 51 R-40251 within Part of the
South Half of Lot 42, Concession 1 W.P. R., formerly in the geographic Township
of Flos, Township of Oro-Medonte, County of Simcoe
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 imposed as a
condition to the approval the subdivision of land by consent and such agreements may
be registered against the land to which the consent applies;
And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter
into a Consent Agreement with J. Ambrose Cook and Marianna Gilbert for the following
lands: Part 1, Plan 51 R-40251 within Part of the South Half of Lot 42, Concession 1
W.P. R., formerly in the geographic Township of Flos, Township of Oro-Medonte,
County of Simcoe;
Now Therefore the Council 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 Consent Agreement, a copy of which is attached
hereto and forms part of this By-law as Schedule 'A'.
2. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Consent Agreement against the owners of the land;
3. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 9th day of March,
2016.
The Corporation of the Township of Oro-Medonte
CONSENT AGREEMENT
This Agreement made, this 31 day of WdkA , 2016, in accordance with Section 53 of the
Planning Act.
BETWEEN:
J. AMBROSE COOK AND MARIANNA GILBERT
Hereinafter called the "Owner/Subdivider"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the LANDS AFFECTED BY THIS Agreement are the lands described in paragraph 1.1
and referred to herein as the "subject lands';
AND WHEREAS the Subdivider has obtained, from the Township of Oro-Medonte, consent to
sever a new residential lot with a lot frontage on Penetanguishene Road of approximately 10
metres and a lot area of approximately 2.6 hectares;
AND WHEREAS the conditions of Consent approval require the Owner to enter into this
Agreement prior to proceeding with the aforementioned approvals;
NOW THEREFORE This Agreement Witnesseth that in consideration of the premises and for other
good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada
now paid by each of the Parties hereto to each of the other parties hereto, the parties hereto
covenant and agree with one another as follows:
PART 1 — THE LANDS, PLANS AND REPRESENTATIONS
1. SCOPE OF AGREEMENT
1.1 Description of Subject Lands — Part 1, Plan 51 R-40251 within Part of the South Half of Lot
42, Concession 1 W.P. R., formerly in the geographic Township of Flos, Township of Oro-
Medonte, County of Simcoe.
1.2 Conformity with Agreement — The Subdivider covenants and agrees that no work shall be
performed on the said lands or property of the Municipality except in conformity with:
(a) The provisions of this Agreement, including the schedules hereinafter referred to and
attached hereto:
(b) All plans and specifications submitted to an accepted by the Municipality as being within its
design criteria;
(c) All applicable Municipal By-laws including any applicable Site Plan Control By-laws;
(d) All applicable Provincial and federal Legislation; and
1.3 Reliance upon Representations -
(a) It has made representations to the Municipality that it will complete all municipal and other
works required herein in accordance with this Agreement, and;
(b) The Municipality has entered into this Agreement in reliance upon these representations.
1.4 Schedules Attached — The following schedules are attached hereto, and form part of this
Agreement:
Schedule "A" — Plans
Schedule "B" — Notice requirements for Agreement or Purchase and Sale
Schedule "C" — Cash payments, Development Charges and Securities
2. DEVELOPMENT CHANGES
2.1 There shall be no changes in the Schedules attached hereto, or to any plan accepted by the
Municipality, or others, unless such proposed changes have been submitted to, and accepted
by, the Municipality.
2.2 The Subdivider acknowledges that if any approvals required under this Agreement are
obtained subsequent to execution of this Agreement the Municipality may require the
Subdivider to enter into an Amending Agreement to incorporate any conditions, changes or
requirements relating to such approvals. In such event no further work shall be carried out
contrary to such approvals until the Amending Agreement is registered on title to the said
lands.
PART 2 — GRANTING OF CONSENTS
3. CONDITION PRIOR TO EXECUTION BY MUNICIPALITY AND GRANTING OF
CONSENTS
3.1 Execution of Agreement - Prior to the execution of this Agreement by the Township, the
following shall be satisfied:
(a) By-laws — there is compliance with the Municipality's Site Plan Control By-law, its Zoning
By-law and any other applicable by-laws.
(b) Cash Payments, Development Charges. and Security — the Subdivider has paid to the
Municipality all cash payments, development charges and security as required by
Schedule "C" attached.
(c) Taxes — The Subdivider has paid all municipal tax bills issued and outstanding on the
said lands;
3.2 Issuance of Consent Certificate — prior to the issuance of the certificate of consent by the
Municipality, the following shall be satisfied:
(a) Cash in Lieu of Parkland — the Subdivider shall have paid to the Township the cash in lieu
of parkland amount as required by the conditions of Consent.
(b) Reference Plan — the Subdivider shall have delivered a reference plan providing a
registerable legal description to the Municipality for approval as being in conformity with
the consents granted by the Municipality.
PART 4 — GENERAL PROVISIONS
4. Canadian Pacific Railway (CPR)
The Subdivider acknowledges that the subject lands are within 300 metres or a railway in which
CPR or its assigns or successors own or have an interest in, and that it shall advise all
purchasers that there may be alterations to or expansions of the railway facilities and/or
operations in the future, which alterations or expansions may affect the living environment of
the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwellings.
5. Nottawasaga Valley Conservation Authority (NVCA)
The Subdivider acknowledges that the subject lands are regulated by the NVCA and that it
shall advise all purchasers that an Environmental Impact Study is required to be completed to
the satisfaction of the Township and that permits from the NVCA may be required, prior to
conducting works on the subject lands.
6. Notices in Agreements of Purchase and Sale — The Subdivider agrees to include in Offers of
Purchase and Sale the notice(s) and information set out in Schedule "B" (which may be
satisfied by appending this agreement or appending Schedule "B" of this agreement to such
Offer). The Subdivider agrees and acknowledges that failure to comply with this section shall
allow the prospective purchaser to treat such offer as voidable.
7. Cash Payments, Development Charges and Securities
The Subdivider shall lodge with the Municipality, those cash payments, development
charges and security more particularly described in Schedule "C, and at the dates specified
therein.
8. Expenses to be Paid by the Subdivider
8.1 Every provision of this Agreement by which the Subdivider is obligated in any way shall
be deemed to include the words "at the expense of the Subdivider" unless the context
otherwise requires.
8.2 The Subdivider specifically agrees to be responsible for any costs, expenses and
obligations arising form and Permits or Approvals which the Subdivider is required to obtain
in order to develop the said lands.
8.3 The Subdivider shall pay such reasonable fees as may be invoiced to the Municipality by
its Solicitor and its Municipal Engineer (excluding any Municipal employees) in connection
with all wok to be performed in connection with the finalization of this Agreement and arising
out of this Agreement.
8.4 In the event that the Municipality finds it is necessary to engage the services of an
engineer or technical personnel not permanently employed by the Municipality, to review the
plans of the Subdivider and/or carry our on-site inspections of the work performed, the
Municipality will advise the Subdivider accordingly of this need, and the costs of such
outside engineers so engaged shall be the responsibility of the Subdivider. The Municipality
may require a deposit for this purpose. The Subdivider specifically acknowledges that the
Chief Building Official of the Municipality with require the services of an Engineer to reviews
Plans and perform inspections with respect to sanitary sewer and storm sewer installations.
8.5 In the event that the expenses of the Municipality exceed the amount of the cash
deposits or security set out in Schedule "B" attached, the Subdivider shall pay such excess
charges within 30 days after demand by the Municipality to the Subdivider and any lender to
the Subdivider who has given to the Municipality a written request for notice of such
demand.
8.6 All expenses for which demand for payments has been made by the Municipality shall
bear interest at the rate of 15% per annum commencing 30 days after the demand is made
9. Registration of Agreement
The Subdivider covenants and agrees to the registration of this Agreement against title to
these subject lands immediately upon registration of the deed whereby the subject lands
are created.
The Subdivider further agrees to execute such further and other instruments and
Documents as may be reasonably be required by the solicitor for the Municipality for the
purpose of giving priority of registration to this Consent Agreement.
10. No Authorization for Works
The Subdivider agrees and acknowledges that the granting of the consent to sever for the
subject lands does not authorize any pre -servicing or works on the subject lands by the
Township. If, as a result of any work undertaken without municipal authorization (where
required) by the Subdivider, its servants or agents, there exists in the opinion of the
Municipal Engineer an emergency situation which requires immediate attention to avoid
damage to provide or public property, or services owned by the Municipality, such work
may be done immediately by the Municipality at the expense of the Subdivider, by notice
shall be given to the Subdivider at the earliest possible time. Securities held by the
Municipality may be applied toward the costs incurred by the Municipality in the completion
of such work.
11. Compliance
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition
to and without prejudice to any security or other guarantee given on behalf of the Owner for the
performance of its covenants and agreements herein, and upon default on the part of the Owner
hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize
the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
12. Co -Operation
The Owner consents to the registration of this Agreement by the Township, upon the title of the
subject lands, at the expense of the Owner and agrees to execute such further and other
documents, consents or applications, as required, for the purpose of securing registration and
giving effect to the provisions of this Agreement.
13. Bindina Effect
This Agreement, and everything contained herein, shall be binding upon the successors and
assigns of the parties hereto, and upon the subject lands, and it is further agreed that this
Agreement shall be prepared, approved and registered on title.
14. Severability of Clauses
Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a
Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement
as a whole or any part thereof, other than the provision so declared to be invalid.
15. Save Harmless
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless,
the Township from and against any and all claims, suits, actions and demands whatsoever, which
may arise either directly or indirectly by reason of any work or service performed by the Township,
its servants or sub -contractors in order to complete the work or services required to be completed
under this Agreement, provided the subject matter of such action, suits, claims or demands was
not caused intentionally or through gross negligence on the part of the Township, its servants or
agents or sub -contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
_;. a. (f"4
Ow0f: J. Ambrose Cook
Owner: ari nna Gilbert
The Corporation of the
Township of Oro-Medonte
1
SCHEDULE "A"
PLANS
Reference Plan 51 R-40251.
Full Size copy may be viewed or copies obtained for a fee at the Township of Oro-Medonte
Municipal Offices or from the Land Registry Office.
SCHEDULE "B"
NOTICE REQUIREMENTS FOR AGREEMENTS OF PURCHASE AND SALE
The Owner/Subdivider shall include in all agreements of purchase and sale the following clauses as
applicable to the lots specified herein:
Warning: Canadian Pacific Railway or its assigns or successors in interest has or have a railway
right-of-way and yard located within 300 metres from the land subject hereof. There may be
alterations to or expansions of the railway facilities and/or operations in the future, which
alterations or expansions may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design of
the development and individual dwellings. CPR will not be responsible for complaints or claims
arising from the use of its facilities and/or its operations on, over or under the aforesaid right-of-
way.
2. The Purchaser is advised that the subject lands are regulated by the Nottawasaga Valley
Conservation Authority (NVCA) (Ontario regulation 179/06) and that an Environmental Impact
Study is required to be completed to the satisfaction of the Township and permits from the NVCA
may be required, prior to conducting works or constructing a dwelling on the subject lands.
SCHEDULE "C"
CASH PAYMENTS, DEVELOPMENT CHARGES AND SECURITIES
The Subdivider shall, on the dates specified herein, lodge with the Municipality the following
described cash payments and security.
1. TYPE OF SECURITY
Any security required to be filed under this Agreement, shall be by Letter of Credit valid
for a period of one (1) year with extension provisions and prepared in form provided by
the Municipality. It shall be drawn on a Schedule A Chartered Bank of Canada and shall
be for the amount hereafter set out. A certified cheque may be substituted for a Letter of
Credit.
2. REFUNDABLE DEPOSITS
a) Warranty against defects —Security
The Subdivider agrees to file a certified cheque or Letter of Credit in the amount or
amounts hereinafter set out as a guarantee against any defects in the construction of
Municipal Services and/or Internal services in respect of which warranties are to be
provided in accordance with the terms of this Agreement, and also as a guarantee of
due compliance with all the provisions and obligations set out in this Agreement. The
certified cheque or Letter of Credit shall be deposited with and retained by the
Municipality for the periods set out in this Agreement after acceptance of the Municipal
Services or Internal Services in respect of which the warranty applies.
3. INTEREST EARNED
Any interest earned on deposits or on security cashed by the Municipality shall accrue to
the Municipality.
4. CASH PAYMENTS — FOR THE MUNICIPALITY
The following cash payments are to be paid to the Municipality prior to the issuance of
Consents. In the event that the actual costs incurred by the Municipality exceed the
deposits, such excess shall be invoiced to the Subdivider and be due and payable 30
days after demand.
SECTION A— LEGAL, ENGINEERING, AND PLANNING DEPOSIT $ 0
SECTION B — CASH IN LIEU OF PARKLAND $ 2,000.00
SECTION C — MUNICIPAL WORKS DEPOSIT $ 0
TOTAL DEPOSITS/PAYMENTS $ 2,000.00