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HomeMy WebLinkAbout20 068 David Merle Goodale and Katharine Marlene Goodale (LT D CON 11 Bruce) Development Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2020 - 068 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT BETWEEN DAVID MERLE GOODALE AND KATHARINE MARLENE GOODALE AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, c. P. 13, as amended authorizes municipalities to enter into development agreements with landowners for development of land; AND WHEREAS David Merle Goodale andKatharine Marlene Goodale are the owner of the property at LT D CON 11 BRUCE; KINCARDIN PIN 33216-0024 (LT); AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to enter into a development agreement with David Merle Goodale and Katharine Marlene Goodale; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a development agreement with David Merle Goodale and Katharine Marlene Goodale, in the form attached hereto as Schedule ÐAÑ. 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, aforesaid development agreement as well as any other documentation, including any Acknowledgement and Direction required and relating to the said development agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the ÐDavid Merle Goodale and Katharine Marlene Goodale (LT D CON 11 BRUCE) Development Agreement By- lawÑ. th READ a FIRST and SECOND TIME this 20 day of April, 2020. th READ a THIRD TIME and FINALLY PASSED this 20 day of April, 2020. Donna MacDougall Anne Eadie Signed with ConsignO Cloud (2020/04/22) Signed with ConsignO Cloud (2020/04/21) Verify with ConsignO or Adobe Reader. Verify with ConsignO or Adobe Reader. Mayor Clerk DEVELOPMENT AGREEMENT [Section 51(26) of the Planning Act, R.S.O. 1990, as amended] This AGREEMENT made this Zo day of �(n I , 2020. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- David Merle Goodale and Katharine Marlene Goodale hereinafter called the "Owner" of the Second Part. WHEREAS the Owner is the Owner of the lands on Schedule A attached hereto and hereinafter referred to as the "subject lands" and situated locally at LT D CON 11 BRUCE; KINCARDIN PIN 33216-0024 (LT); AND WHEREAS the County of Bruce granted conditional approval of consent in respect of the subject lands to provide separate title to each of two adjoining lots with said conditional approval of consent coming into force and effect on March 23, 2020 and attached hereto as Schedule B; AND WHEREAS the conditional approval of consent provides that a Development Agreement is necessary to address natural heritage matters on the retained lands; AND WHEREAS Section 51(26) of the Planning Act provides for an agreement as a condition of consent approval and permits the registration of this Agreement against the lands to which it applies; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: 1. The Owner agrees to provide: a) a detailed site plan at the time of development of the retained parcel to include the exact location of the development, vegetation removal, site grading and landscaping. The Site Plan shall include Buffer Zones labeled as 'No Disturbance Zones' as described in the Environmental Impact Study, and a realigned new ditch portion at a similar dimension and grade as the existing portion of ditch to be removed. Said site plan must be to the satisfaction of the consulting biologist and the Municipality's Zoning Administrator 2. The Owner acknowledges and agrees that: a) tree clearing is restricted to the extent of the building envelope and the realigned ditch area b) tree clearing activities are prohibited between May 1 and August 15 of any given year, in accordance to the Federal Migratory Birds Act. If tree cutting activities are needed to occur within this constraint time period then the proponent shall retain a qualified person to aid in implementing nest discouraging measures as per Environment Canada recommendations prior to the nesting season commencing. Said qualified individual shall monitor the development envelope lands for nesting activity pre-tree cutting commencing, to identify any individual nests needing additional protection measures. During any tree cutting activity which occurs in the active nesting/rearing season, said Page 2 Development Agreement qualified person shall monitor nesting activity with reporting to the agencies re mitigative measures undertaken. 3. The Owner acknowledges and agrees that this Development Agreement shall be registered on the title of the severed and retained lots. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the lands and shall be binding upon it, its successors and assigns as owners and occupiers from time to time and this covenant shall be to the benefit of the Municipality and its lands and highways appurtenant and adjacent to the lands. 4. The parties hereto acknowledge and agree to the Schedules attached hereto to this Agreement: Schedule A Legal Description of the subject lands Schedule B Description of Conditional Approval of Consent Schedule C Environmental Impact Study dated November, 2019 Schedule D Fees, Deposits, other Considerations 5. The Owner acknowledges that the Municipality, in addition to any other remedy it may have at law, shall also be entitled to enforce this Agreement in accordance with Section 446 of the Municipal Act, R.S.O. 2001, as amended. 6. Nothing in this Agreement shall relieve the Owner from compliance with all applicable Municipal by-laws, laws, statutes, regulations, notice or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction over the lands. 7. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words, "at the expense of the Owner", unless the context otherwise requires, including the payment of any and all applicable taxes. 8. The Owner hereby agrees and will expediently cause to be paid to the Municipality, any and all fees, deposits or other such consideration as is deemed necessary by the Municipality for the fulfillment of this Agreement. Said fees, deposits or other consideration are set forth in Schedule "D" attached hereto and forming part of this Agreement. 9. The Owner and the Municipality agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or enforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 10. All documents and provisions referred to in this Agreement, the Owner warrants are accurate as to all provisions and other matters shown thereon and information included therein. In the event that any material misrepresentation, whether accidental or otherwise is found to exist and which on reasonable grounds has prejudiced or compromised the Municipality's position, then the Owner shall be required, at its expense to resolve all matters. Failing this, the Municipality may rectify the situation at the Owner's expense. For the above reasons, the Owner acknowledges the importance of having reliable and accurate documentation and that the Municipality is relying upon them and is entering into this Agreement on that basis. 11. This Agreement shall be binding on all successors, assigns and/or heirs. 12. The parties hereto must agree to any changes to the Agreement and said Agreement will be in writing and signed by the parties hereto and be subject to de-registration and re- registration on the title of each lot. 13. Any notice required or permitted to be given pursuant to the provisions of this Agreement may be given personally or shall be mailed to each party at the address hereinafter set out. If mailed, by prepaid first-class post, it shall be deemed to have been received by the fourth day after which it is postmarked. Any change in address shall be communicated in a written format, one party to the other. Page 3 Development Agreement To the Owner at: David and Katharine Goodale 1716 Concession Road 10 Port Elgin, ON NOH 2C5 kgoodale(c�bmts.com To the Municipality at: ATTENTION: Municipal Clerk 1475 Concession 5 Kincardine, ON N2Z 2X6 THIS AGREEMENT shall be read with all changes in gender or number required by the context. THIS AGREEMENT shall be binding upon and ensure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties have hereunto affixed their respective seals under the hands of their proper officers duly authorized in that behalf. BY THE MUNICIPALITY ON THE 2.0 DAY OF *11 , 2020. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) Anne Eadie, Mayor 1111M6 1. ..11.11111L_ ) - Sharon Chambers, Chief Administrative Officer I HAVE AUTHORITY TO BIND THE CORPORATION The Owner David Merle Goodale laird� �� a 7rja Katharine Nlar enl a oodale 4 e Datl / Page 4 Development Agreement Schedule "A" to the Development Agreement Condition of Consent dated the irn i ppbetween David & Katharine Goodale and The Corporation of the Municipality of Kincardine Legal Description LT D CON 11 BRUCE; KINCARDINE PIN 33216-0024 (LT) Page 5 Development Agreement Schedule "B" to the Development Agreement Condition of Consent dated the (1.0.1% nA ibP between David & Katharine Goodale and The Corporation of the Municipality of Kincardine. Notice of Decision of the Approval Authority File Number B-2020-015 For Goodale In Respect of Concession 11 Lot D (Bruce) Municipality of Kincardine Dated February 25, 2020 1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality of Kincardine, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge. 2. That a Reference Plan (survey that is registered) be completed and a copy filed with the Municipal Clerk and a digital copy and hard copy be filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority. 3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled. 4. That, pursuant to Section 53(42) of the Planning Act, the `Certificate of Consent' be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (ie. Stamping of the deed). 5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds. 6. That the Clerk of the Municipality provide written confirmation that a development agreement has been executed and registered on title which addresses the Mitigation Requirements related to a site plan for issuance of a building permit and timing requirements for tree clearing as outlined in Section 17 of the Environmental Impact Study prepared by AWS Consulting and submitted with the application. Note: Applicant is responsible for costs of preparing and registering agreement. Page 6 Development Agreement Schedule "C" to the Development Agreement Condition of Consent dated the V4 1Q��n 12 between David & Katharine Goodale and The Corporation of the Municipality of Kincardine. Schedule C to the Agreement is an Environmental Impact Study dated November 2019 including site plans, the size and nature of which does not permit registration. A true copy of the Agreement with a copy of the study is lodged with the Clerk at the Municipal Office, 1475 Concession 5 Kincardine, ON N2Z 2X6, and is available for viewing during regular business hours. Page 7 Development Agreement Schedule "D" to the Development Agreement Condition of Consent dated the Z°* l r Oi between David & Katharine Goodale and The Corporation of the Municipality of Kincardine. Fees 1. Development Agreement Application Fee $155 2. Legal Fees (Including Applicable Taxes) Actual Costs 3. All costs associated with the compliance with and adherence to provisions contained herein are deemed to be, at all times, at the sole expense of the Owner.