2018-102 Authorize the Execution of a Condominium Agreement between the Corporation of the Township of Oro-Medonte and Skyline Properties Inc.The Corporation of the Township of Oro-Medonte
By-law No. 2018-102
A By-law to Authorize the Execution of a Condominium Agreement between the
Corporation of the Township of Oro-Medonte and Skyline Properties 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:
PCL 1-3 SEC 51-ORO-3; PART OF LOT 1 CON 4 ORO DESIGNATED AS PTS 2,3 & 4
ON PL 51 R10977; PART OF LOT 1 CON 4 DESIGNATED AS PT 1, 51 R41671;
TOGETHER WITH AN EASEMENT OVER PT 1 PL 51 R10977 AS IN LT42536 AND AS
IN SC1551646; SUBJECT TO AN EASEMENT AS IN LT472332; TOGETHER WITH
AN EASEMENT OVER PT OF LTS 3 & 4 CON 4 ORO BEING PT 1 ON PL 51 R36466
AS IN SC774226; TOGETHER WITH AN EASEMENT OVER PT OF LT 2 CON 4
MEDONTE BEING PT 2 ON PL 51 R36464 AS IN SC774233; TOGETHER WITH AN
EASEMENT OVER PT OF LT 2 CON 4 MEDONTE BEING PT 1 PL 51 R36464 AS IN
SC774235; 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. This By -Law shall take effect on the final passing thereof, subject to the
provisions of the Planning Act, as amended.
By-law read a First, Second and Third time, and Passed this 14th day of
November, 2018.
The Corporation of the Township of Oro-Medonte
Mayor,
SCHEDULE "A"
To By-law 2018-102
CONDOMINIUM AGREEMENT
- between -
SKYLINE PROPERTIES INC.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO—
MEDONTE
DESCRIPTION OF LANDS
PCL 1-3 SEC 51-ORO-3; PART OF LOT 1 CON 4 ORO DESIGNATED AS PTS 2,3 & 4
ON PL 51R10977; PART OF LOT 1 CON 4 DESIGNATED AS PT 1, 51R41671;
TOGETHER WITH AN EASEMENT OVER PT 1 PL 51 R10977 AS IN LT42536 AND AS IN
SC1551646; SUBJECT TO AN EASEMENT AS IN LT472332; TOGETHER WITH AN
EASEMENT OVER PT OF LTS 3 & 4 CON 4 ORO BEING PT 1 ON PL 51 R36466 AS IN
SC774226; TOGETHER WITH AN EASEMENT OVER PT OF LT 2 CON 4 MEDONTE
BEING PT 2 ON PL 51R36464 AS IN SC774233; TOGETHER WITH AN EASEMENT
OVER PT OF LT 2 CON 4 MEDONTE BEING PT 1 PL 51 R36464 AS IN SC774235;
TOWNSHIP OF ORO-MEDONTE
Date: November 14, 2018
TOWNSHIP OF ORO-MEDONTE
CONDOMINIUM AGREEMENT
THIS AGREEMENT made this 14t" day of November, 2018, and authorized by By-law No.
2018-102 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 PROPERTIES 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 on April 1, 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 a one year extension on April 4, 2018;
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 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 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) with respect to the as -
constructed building location(s) and with respect to the quality and safety of the
building.
2. 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.
3. 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 advised that that pupils from this development
attending educational facilities operated by the Simcoe Muskoka Catholic District
School Board may, be transported to/accommodated in temporary facilities out
of the neighbourhood school's area.
b. Purchasers, renters, lessees are warned that there are no schools planned by
the Simcoe County District School Board within this condominium, or within
walking distance of it and that pupils may be accommodated in temporary
facilities and or be directed to facilities outside of the area.
c. Purchasers are hereby advised that this Condominium Plan is not subject to any
Site Plan Agreement(s) and the Township does not hold securities to guarantee
the completion of any works within or associated with this Condominium Plan.
d. Purchasers are hereby advised that the Condominium Corporation shall be
responsible for maintaining the building(s) and grounds in a good and safe
condition and in compliance with all applicable laws and regulations.
4. 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.
5. The Developer and each individual unit owner, acknowledges that the waste treatment
facility, sewers and water supply system are privately owned and operated and not
under the control of the Township.
6. 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.
7. 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.
8. The Owner acknowledges that the Township shall register this Condominium
Agreement on title against the Lands to which it applies.
9. 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.
10. Any amendment to or waiver of any provision of this Condominium Agreement must
be in writing and signed by the parties.
11. Whenever this agreement states "the Owner shall..." this shall mean at the Owner's
expense.
12. 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.
13. 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 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 14th day of November, 2018.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Hughes,
Per:
SKWNE PROPERTIES INC.
Per:
(Signature)
Name: 3t—Ak-c L 9oj (print)
Position: C.-'.e. (print)
I have 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 Properties Inc.
LEGAL DESCRIPTION OF LANDS
PCL 1-3 SEC 51-ORO-3; PART OF LOT 1 CON 4 ORO DESIGNATED AS PTS 2,3 & 4
ON PL 51 R10977; PART OF LOT 1 CON 4 DESIGNATED AS PT 1, 51 R41671;
TOGETHER WITH AN EASEMENT OVER PT 1 PL 51 R10977 AS IN LT42536 AND AS IN
SC1551646; SUBJECT TO AN EASEMENT AS IN LT472332; TOGETHER WITH AN
EASEMENT OVER PT OF LTS 3 & 4 CON 4 ORO BEING PT 1 ON PL 51 R36466 AS IN
SC774226; TOGETHER WITH AN EASEMENT OVER PT OF LT 2 CON 4 MEDONTE
BEING PT 2 ON PL 51R36464 AS IN SC774233; TOGETHER WITH AN EASEMENT
OVER PT OF LT 2 CON 4 MEDONTE BEING PT 1 PL 51 R36464 AS IN SC774235;
TOWNSHIP OF ORO-MEDONTE