2018-079 Authorize the Execution of a Development Agreement between Oro-Medonte and David and Sheila SaundersThe Corporation of The Township of Oro-Medonte
By -Law No. 2018-079
A By-law to Authorize the Execution of a Development Agreement
between The Corporation of the Township of Oro-Medonte and
David Saunders and Sheila Saunders
described as lands as follows:
PT LT 16 CON 11 ORO BEING PTS 2 & 6 51 R39524;
SUBJECT TO AN EASEMENT IN GROSS OVER PT 6 51 R39524 AS IN
SC1211575; TOWNSHIP OF ORO-MEDONTE
As in SC1501503, being PIN 585470154
Whereas authority to enter into Development Agreements is provided for in
Sections 5, 8, 9 and 11 of the Municipal Act, 2001, as amended, and Council deems
it necessary to enter into a Development Agreement on the lands described herein;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as
follows:
That the Township enter into the Development Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A';
2. That the Mayor and Clerk are hereby authorized to execute the Development
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. That the attached Appendix "A" and Schedule "A," shall form part of this By -Law;
4. That this By -Law shall take effect on the final passing thereof.
By-law read a first, second, and third time, and passed this 15th day of August,
2018.
The Corporation of The Township of Oro-Medonte
Mayor, H.S. Hughes
APPENDIX `A'
DEVELOPMENT AGREEMENT
- between -
DAVID SAUNDERS
- and -
SHEILA SAUNDERS
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PT LT 16 CON 11 ORO BEING PTS 2 & 6 51 R39524; SUBJECT TO AN EASEMENT IN
GROSS OVER PT 6 51 R39524 AS IN SC1211575; TOWNSHIP OF ORO-MEDONTE
As in SC1501503, being PIN 585470154
August 15, 2018
By -Law No. 2018-079
THE TOWNSHIP OF ORO-MEDONTE
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Breach of Agreement
Section 4
Co-operation
Section 5
Binding Effect
Section 6
Severability of Clauses
Section 7
Indemnification
SCHEDULES
Schedule "A" Legal Description of Lands
2
DEVELOPMENT AGREEMENT
This Agreement made, in duplicate, this 15th day of August, 2018, in accordance with
Sections 5, 8, 9 and 11 of the Municipal Act, 2001
BETWEEN:
DAVID SAUNDERS
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
SHEILA SAUNDERS
Hereinafter called the "Owner"
PARTY OF THE SECOND PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE THIRD PART
WHEREAS the Owner owns the lands known municipally as 1435 15/16 Side Road East
and more particularly described in Schedule "A" attached hereto (the "Subject Lands").
AND WHEREAS there exists an easement in gross (the "Easement') over the Subject
Lands over PT 6 51 R39524 AS IN SC1211575, being a 6 metre wide easement in favour
of the Township for the purposes of emergency access to future residential development
on lands located to the south.
AND WHEREAS The Township desires, in lieu of the Easement, to acquire ownership
of a 3.5 metre wide Block for the purposes of emergency access to future residential
development on lands located to the south.
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows
a) The Owner owns the Subject Lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the Subject Lands.
b) Any development and use of the Subject Lands shall comply with all relevant
Provincial Statutes, Regulations and Township By-laws, including the Township's
Zoning By-law and Pool Fence By-law.
c) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
applicable to the Subject Lands.
d) The Owner shall, at a time to be determined by the Township, transfer to the
Township in fee simple and at no cost, free and clear of all liens, easements and
encumbrances, a 3.5 metre wide Block (the "Block") along the entire length of the
easterly side of the Subject Lands.
e) The Owner acknowledges and understands that the Township may in the future
construct or permit to the constructed within the aforementioned Block structures
and infrastructure that may include and may not be limited to fencing, gates, paving
or other hardened surface, for the purposes of emergency access to future
residential development on lands located to the south.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) During such time as the Easement remains registered against the Subject Lands,
the Township will not object to the Owner constructing or permitting to be
constructed on the subject lands and within the Easement but outside of the future
Block described in Section 1.d) of this Agreement:
i. A driveway for the purposes of providing the Owner with rear yard access on
the Subject Lands; and
ii. A boundary fence parallel to and outside of the westerly boundary of the
future Block described in Section 1.d) of this Agreement.
All other development or use of the Subject Lands shall otherwise comply with the
Easement.
b) The Township shall ensure that upon registration of the Block identified in Section
1. g) of this Agreement, the Easement is released from the Subject Lands.
c) The Township shall be responsible for any process and costs (including costs
relating to surveying, legal fees, and disbursements, agreements, HST, etc.)
associated with registration of the Transfer and Application under The Land Titles
Act, R.S.O. 1990, as amended.
a) The Township shall be responsible for any process and costs (including costs
relating to drawing and application fees) associated with a Minor Variance
Application if necessary to recognize any deficiency to the lot frontage of the
Subject Lands that may result from the transfer of the Block to the Township.
3. BREACH OF AGREEMENT
Notwithstanding any action taken by or remedy available to the Township or to any other
governing body or authority any breach of this Agreement may be restrained by action at
the instance of a ratepayer of the Township or at the instance of the Township or a local
board thereof just as if such breach were a contravention of a By-law of the Township to
which Section 440 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, applied.
Further, in the event of a breach of this Agreement, the Township shall, in addition to any
other remedy available to it, be at liberty to utilize the provisions of Section 446 of the
Municipal Act, 2001, S.O.2001, c. 25, as amended.
4. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the Subject Lands, at no expense to 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.
5. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the Subject Lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the Subject Lands and it is
further agreed that this Agreement shall be prepared, approved and registered on title.
6. 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.
7. INDEMNIFICATION
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and hold
harmless the Township from all actions, causes of action, suits, claims and demands
whatsoever and all costs incurred in respect thereof by reason of the Owner doing, failing
to do or doing incorrectly or negligently anything which by the terms of this Agreement it is
required to do.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED this 15th day of August, 2018.
OWNE
Per:
Name: '7, 11;aA115 4rX-C • (print)
OWNER: S7Z
ders6��/C CJ"
Per:
( is( gnature)
Name: c5�ei\�q SctU/)cie,i`S (print)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
�T1
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Agreement
between the Township of Oro-Medonte and David and Sheila Saunders
LEGAL DESCRIPTION OF LANDS
PT LT 16 CON 11 ORO BEING PTS 2 & 6 51 R39524; SUBJECT TO AN EASEMENT IN
GROSS OVER PT 6 51 R39524 AS IN SC1211575; TOWNSHIP OF ORO-MEDONTE
As in SC1501503, being PIN 585470154