3775-2025 Development Agreement with Nyssa McAllister Trip (CR2)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN NYSSA MCALLISTER TRIP AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Passed by Council May 12, 2025
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3775-2025
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT
AGREEMENT BETWEEN NYSSA MCALLISTER TRIP AND THE CORPORATION OF
THE TOWNSHIP OF AUGUSTA.
WHEREAS Condition (5) of the United Counties of Leeds and Grenville Consent Granting
Authority Decision on Application B-140-24, requested by the Township. was imposed in
accordance with Sections 51(26) of the Planning Act, R.S.O., 1990;
AND WHEREAS Condition (5) requires that a Development Agreement be entered into
between the Township and the property owner related to the retained lands under
Severance Application B-140-24;
AND WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into a Development Agreement with Nyssa MacAllister Trip for Part of
Lots 36 and 37, Concession 1, in the Township Augusta, in the United Counties of Leeds
& Grenville, in order to fulfill said condition 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 Nyssa MacAllister Trip
addressing Condition (5) of the Consent Granting Authority Decision on Application
B-140-24, Vacant Lands County Road 2, 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
retained lands under Severance Application B-140-24;
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 12th day of May, 2025.
Signed by Mayor Jeff Shaver and Clerk Lindsey Veltkamp
DEVELOPMENT AGREEMENT made this ~ day of f-.1cu.t, 2025.
BETWEEN:
NYSSA MACALLISTER TRIP
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 (5) of Severance Application B-140-24 required the property
owner to enter into a Development Agreement related to the Retained Lands, as
described in Schedule “A” (“the Retained Lands”);
AND WHEREAS, the new resultant building lot on the Retained Lands, located in Part
of Lots 36 and 37, Concession 1, in the Township of Augusta, County of Grenville, is
partially located within 300m of the St. Lawrence River, requiring Archaeological
Assessment under the Township’s Official Plan, approved May 25, 2012, and the
Provincial screening criteria for evaluating archaeological potential.
AND WHEREAS, the new resultant building lot on the Retained Lands, is partially
located within 500 m of the Bedrock Resource designation under the Township’s Official
Plan Constraints Schedule B, approved May 25, 2012.
NOW THEREFORE IN CONSIDERATION of the approval by the Consent Granting
Authority and to satisfy Condition (5) of Severance Application B-140-24 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 agrees that any future building areas, septic locations or
construction areas requiring soil disturbance within 300 m of the St. Lawrence
River on the Retained Lands shall require written confirmation from the Ministry
of Citizenship and Multiculturalism (or any future named Ministry having
jurisdiction over this matter) that a supportive Archaeological Assessment has
been submitted to their Ministry (note: normal farm (tilling) practices would be
exempt).
2. The Owner agrees not to apply for a building permit for any construction within
the 300 m distance/area detailed in paragraph 1 herein until such time as a
written confirmation is obtained from the Ministry of Citizenship and
Multiculturalism that all concerns for archaeological resources on any proposed
building areas, septic locations or construction areas requiring soil disturbance
on the Retained Lands have been addressed to the satisfaction of the Ministry.
3. The Owner further agrees that until the confirmation described in paragraph 1
above is received by the Owner, only a licensed consultant archaeologist shall be
permitted to carry out any soil disturbance or alterations on the specified distance
of the Retained Lands. Normal farm (tilling) practices are exempted from this
requirement and do not constitute soil disturbance or alterations for the purpose
of this section.
4. The Owner further agrees that any application for a building permit shall be
consistent with all recommendations contained in the archaeological report(s)
prepared for the Retained Lands within the distance specified in paragraph 1 and
all recommendations and conditions as may be imposed by the Ministry of
Citizenship and Multiculturalism.
5. The Owner hereby agrees that any future residential dwelling on the Retained
Lands proposed to be located within 500 m of the Bedrock Resource designation
on the Township’s Official Plan Schedule 8 , approved May 25,2012, requires a
supportive Mineral Aggregate Impact Assessment and a Hydrogeological
Assessment to address Section 5.2.5 of the Official Plan, to the satisfaction of
the Township.
6. The Owner further agrees that any application for a building permit shall be
consistent with all recommendations contained in the Mineral Aggregate Impact Assessment and a Hydrogeological Assessment prepared for the Retained
Lands within the distance specified in paragraph 5.
7. The Owner agrees that this Development Agreement will be registered on title t9
the Retained Lands under B-140-24.
8. The Owner acknowledges and agrees that the Township may rely on this
Agreement as an estoppel in any action commenced by the Owner related to the
Township’s refusal to issue a building permit where the Owner is in breach of this
Agreement.
9. 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.
10. 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 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.
11. 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.
12. Each party shall pay its own costs of the arbitration referred to in paragraph 11
herein, and shall share equally the costs of the arbitrator(s).
13. 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.
14. 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
Signed by Nyssa MacAllister Trip
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA:
Per:
Signed by Mayor Jeff Shaver
Signed by Clerk Lindsey Veltkamp
We have authority to bind the Corporation
SCHEDULE”A”
DESCRIPTION OF LAND TO WHICH THIS AGREEMENT APPLIES
Severed Lands
B-140-24
Concession 1, Part Lot 37
Part 1 on Reference Plan 15R-12530
Township of Augusta
County of Grenville
Retained Lands under B-140-24
Part Lots 36-37, Concession 1, Augusta as in PR57268 S of AB374; together with an
easement as in PR73382, save and except Part 1, Plan 15R555; save and except Part
1 Plan 15R12530. Township of Augusta.
