3758-2025 Authorize Execution of an Agreement (Serbouti)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
Passed by Council January 27, 2025.
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3758-2025
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN
AGREEMENT
WHEREAS Conditions (6) of the United Counties of Leeds and Grenville Consent
Granting Authority Decision on Applications B-124-22 and B-125-22, related to the
creation of two new lots on Hall Road, was requested by the Township as detailed in
Report 2022-093 at the September 26. 2022 session of Council. to register a clause on
title to acknowledge that the lots are in an active agricultural use neighbourhood and likely
to experience reasonable farm practices with respect to odour, noise, dust, light and
vibration;
AND WHEREAS to implement Conditions (6) it is required that an Agreement be entered
into between the Township and the property owner and registered on title, related to the
severed lands under Severance Applications B-124-22 and B-125-22 under the authority
of Section 51(25)(d) and Section 51(26) of the Planning Act. R.S.O., 1990, as amended;
AND WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into an Agreement with Mohammed Serbouti for Part of Lot 13,
Concession 8, in the Township Augusta, in the United Counties of Leeds & Grenville, in
order to fulfill said conditions of approval;
NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby
enacts as follows:
1. THAT the Corporation enter into an Agreement with Mohammed Serbouti
addressing Conditions (6) of the Consent Granting Authority Decision on
Applications B-124-22 and B-125-22, Vacant Lands on Hall Road, more particularly
described in the Development Agreement:
2. THAT the Mayor and the Clerk are hereby authorized to execute an appropriate
Development Agreement, to be attached hereto, to be registered on title to the
severed lands under Severance Applications B-24-22 and B-25-22;
3. THAT the Agreement attached hereto as Schedule A’ shall form part of this By
Law;
4. THAT this By-Law shall come into force and effect upon the date of the final
passing thereof.
Read a first, second, and third time and finally passed this 27th day of January, 2025.
Signed by Mayor Jeff Shaver and Deputy Clerk Vikki Werner-Mackeler
DEVELOPMENT AGREEMENT made this 27th day of January, 2025.
BETWEEN:
MOHAMMED SERBOUTI
Hereinafter called the “Owner” OF THE FIRST PART
And
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Hereinafter called the “Township” OF THE SECOND PART
WHEREAS, Condition (6) of Severance Applications B-124-22 and B-125-22 required
the property owner to register a clause on title to the severed lands which to be
enacted, an Agreement related to the Severed Lands, as described in Schedule “A”
(“the Severed Lands”) is required;
AND WHEREAS, the new resultant building lots on the Severed Lands located in Part
of Lots 13, Concession 8, in the Township of Augusta, County of Grenville, are within an
active agricultural use neighbourhood, where the property owner of the Severed Lands
are likely to reasonably experience normal farm practices with respect to odour, noise,
dust, light, vibration and the Owner should be acknowledge such;
NOW THEREFORE IN CONSIDERATION of the approval by the Consent Granting
Authority and to satisfy Condition {6) of Severance Applications B-124-22 and B-125-22
therein, the premises set out herein and other valuable consideration, the sufficiency of
which is hereby acknowledged, the parties agree each with the other as follows:
1. The Owner hereby acknowledges that the Severed lands, as described in
Schedule A are located within an active agricultural use neighbourhood,
where the Owner is likely to reasonably experience normal farm practices
with respect to odour, noise, dust, light, vibration.
2. The Owner agrees that this Agreement will be registered on title to the Severed
Lands under 8-124-22 and 8-125-22, to provide notice of paragraph 1.
3. The Owner shall indemnify the Township against all actions, causes of action,
suits claims, charges, fees, regulatory orders, prosecutions, expenses (including
legal costs on a full recovery basis) and demands whatsoever that may arise
from the actions of the Owner, that are not caused by the negligent acts of the
Township, its employees, servants and agents, related in any way to this
Agreement.
4. The Owner agrees to pay all costs of the Township associated with this
Agreement with the intent that the Township shall not incur any expense arising
from the preparation, implementation, registration or enforcement of this
Agreement unless otherwise expressly stated, and every obligation of the Owner
under this Agreement shall be deemed to include the words “at the expense of
the Owner,” unless specifically stated otherwise.
5. Should any dispute between the parties with respect to this Agreement shall, at
the request of a party, be submitted to arbitration pursuant to the Arbitration Act
and the decision of the arbitrator or, if more than one, the decision of a majority
shall be final and binding on the parties.
6. Each party shall pay its own costs of the arbitration referred to in paragraph 5
herein, and shall share equally the costs of the arbitrator(s).
7. It is agreed between the parties hereto that every covenant, provision 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 herein 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, and the masculine gender as if the feminine gender, as
the case may be, were expressed.
8. The Owner covenants and agrees that nothing in this Agreement releases the
Owner from the obligation to comply with the provisions of the Township’s Zoning
By-laws, as amended, or any by-laws of the Township that may now or in the
future be in effect.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals on
this as of the day and year first written above.
SIGNED, SEALED AND DELIVERED
In the Presence of Mohammed Serbouti
Signed by Mohammed Serbouti
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Per:
Signed by Mayor Jeff Shaver
Signed by Deputy Clerk Vikki Werner-Mackeler
We have the authority to bind the Corporation
SCHEDULE “A”
DESCRIPTION OF LAND TO WHICH THIS AGREEMENT APPLIES
Severed Lands
B-124-22
Concession 8, Part Lot 13
Part 2 on Reference Plan 15R-12333
Township of Augusta
County of Grenville
B-125-22
Concession 8, Part Lot 13
Part 1 on Reference Plan 15R-12333
Township of Augusta
County of Grenville
