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HomeMy WebLinkAbout21 039 Estate of Norma June Stewart (LOT 13 & 14 CON 3 SDR Kincardine) Development Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 039 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT BETWEENTHE ESTATE OF NORMA JUNE STEWART AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, Section 51 (26)as amended provides for an agreement as a condition of consent approval and permits the registration of the Agreement against the lands to which is applies; AND WHEREAS the Estate of Norma June Stewart is the owner of the property at LOT 13 & 14 CON 3 SDR KINCARDINE; AND WHEREAS theCouncil of the Corporation of the Municipality of Kincardine deems it advisable to enter into a development agreement with the Estate of Norma June Stewart; 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 the Estate of Norma June Stewart, in the form attached hereto as <@EBAQHBW/X$ 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-H>SI>U?B@FPBA>OPEBWEstate of Norma June Stewart (LOT 13 & 14 CON 3 SDR KINCARDINE) Development Agreement By-lawX. th READ a FIRST and SECOND TIME this 15 day of March, 2021. th READ a THIRD TIME and FINALLY PASSED this 15 day of March, 2021. Kfoojgfs!Mbxsjf Nbzps!Fbejf Tjhofe!xjui!DpotjhoP!Dmpve!)3132015012* Tjhofe!xjui!DpotjhoP!Dmpve!)3132015012* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Mayor Clerk This is Schedule" R "to By-law No. '(-n39 passed the 15' day of Mauch 2O Development Agreement Condition of Consent This AGREEMENT made this I ffi day of Cir cAr\ , 2021. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- ESTATE OF NORMA JUNE STEWART hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the County of Bruce granted a conditional approval of consent in respect of the lands to provide separate title to each of two adjoining lots with said conditional approval of consent coming into force and effect on May 21, 2020; AND WHEREAS the conditional approval of consent provides that a Development Agreement is required to address the requirement for an archaeological assessment and the implementation of the recommendations of said archaeological assessment as they pertain to the lands; AND WHEREAS Section 53 of the Planning Act provides for conditions and agreements 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 cause to be completed on the lands an archaeological assessment by an archaeologist licensed in the Province of Ontario and confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports. Page 2 Development Agreement Condition of Consent 2. The archaeological assessment will be completed for any area which is to be established as a building envelope or where site alterations are planned [that is located within those lands indicated as having high archaeological potential on Schedule "A" which is attached to and forms part of this agreement]. 3. The Owner agrees to implement any recommendations which result from the archaeological assessment, to the satisfaction of the Director of Building and Planning, prior to the development or alteration of the lands. 4. Schedule "B" attached hereto and forming part of this Agreement shall provide the description of the conditional approval of consent as it pertains to the lands. 5. 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 "C" attached hereto and - forming part of this Agreement. 6. The Owner hereby agrees that this Agreement, together with any schedules thereto, will be registered upon title to the lands. 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. The Owner further covenants and agrees to pay to the Municipality the cost of registration of this Agreement, as well as any further costs incurred by the Municipality as a result of the registration of any other documents pertaining to this Agreement. 7. 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, 2001. 8. Nothing in this Agreement shall relieve the Owner from compliance with all applicable municipal by-laws, laws, statutes, regulations, notices or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction over the lands. 9. 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. Page 3 Development Agreement Condition of Consent 10. References herein to any by-law, law, policy, regulation, statute or any provision thereof include such by-law, law, policy, regulation, statute or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor statute thereto. 11. 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 unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 12. The failure of the Municipality at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. The Municipality shall specifically retain its rights at law to enforce this Agreement. 13. 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. 14. The parties covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, or before any administrative tribunal, the party's right to enter into and enforce this Agreement. The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it, notwithstanding any provision in the Planning Act interpreted to the contrary. 15. This Agreement shall be binding on all successors, assigns or heirs. 16. This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. Page 4 Development Agreement Condition of Consent 17. The parties hereto hereby agree that such changes as may be required to the Agreement or any documentation thereto may be made without the requirement to return for council approval provided that the changes are minor in nature and do not constitute a substantial material change from that originally approved by council. Any such changes which may be made are hereby agreed to be binding on the parties hereto, their successors, heirs and assigns. 18. The parties hereto must agree with the changes to the Agreement and said agreement will be in writing and signed by the parties hereto. 19. It shall be the responsibility of anyone seeking particularization of minor modifications to determine same from the Municipality. 20. 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. !f mailed, by ordinary prepaid first class post, it shall be deemed to have been received on the fourth day after it is postmarked. Any change in address will be communicated in a written format, one party to the other. To the Owners at: do Scott Marshall Marshall & Mahood 313 Lambton Street Kincardine ON N2Z 2Y8 To the Municipality at: Municipality of Kincardine 1475 Concession 5, Kincardine ON N2Z 2X6 SIGNED, SEALED AND ) THE CORPORATION OF THE DELIVERED ) MUNICIPALITY OF KINCARDINE in the presence of ) (%)7—e„ ) Anne Eadie, M. •r , aron 'ambers, Chief Adm"nistrative ) Officer Page 5 Development Agreement Condition of Consent I HAVE AUTHORITY TO BIND THE CORPORATION The Owner Per: (00-*C2- 7Witness Dale Stewart, Estate Trustee for the Estate of Norma June Stewart ( .z - 2 / Date Witness Sherry F rrell, Estate rustee for the Estate of Norma June Stewart ,f - z — -/ Date Page 6 Development Agreement Condition of Consent Schedule "A" to the Development Agreement Condition of Consent dated the I541,-t , z -I between the Estate of Norma June Stewart and The Corporation of the Municipality of Kincardine The Schedule identifying the areas of high archaeological potential that are subject to this agreement is available for viewing in paper format at The Municipality of Kincardine office and at the Bruce County Planning office during regular business hours and is titled: Area of High Archaeological Potential dated June 11, 2020 Legal Description LOT 13 & 14 CON 3 SDR KINCARDINE Page 7 Development Agreement Condition of Consent Schedule "B" to the Development Agreement Condition of Consent dated the 15 /-tarCL, wz-I between the Estate of Norma June Stewart and The Corporation of the Municipality of Kincardine. The Notice of Decision establishing the conditional approval of consent is available for viewing in paper format at The Municipality of Kincardine office and at the Bruce County Planning office during regular business hours and is titled: Notice of Decision of the Approval Authority File Number B-2020-038 For Stewart do Marshall In Respect of CON 3 SDR PT LOTS 11 & 12; 13 & 14 PT RD ALLOW (KINCARDINE) Dated May 21, 2020 Page 8 Development Agreement Condition of Consent Schedule "C" to the Development Agreement Condition of Consent dated the IS"tlarcl.zcz-i between the Estate of Norma June Stewart 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.