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Kaitlin terminating incomplete Bayport purchase-sale agreements

‘The right interventions’ to be required to approve beleaguered subdivision, insists Bayport Village Phase 2 developer
20220314-Bayport-01
Homebuyers for Phase 2 Bayport Village residences are caught in a disagreement between the Town of Midland and the developers, Kaitlin Corportation, over site plan approval completion.

A letter obtained by MidlandToday states that Kaitlin Corporation, through director of business development Devon Daniell at Lanarose Midland Ltd., has terminated all incomplete purchase and sale agreements within the subdivision of Bayport Village Phase 2.

“We are not able to satisfy the necessary conditions in the Agreement of Purchase and Sale to complete the transaction at this time. Accordingly the Agreement of Purchase and Sale will automatically terminate effective August 31, 2022 and your deposits will be returned to you, thereafter,” wrote Daniell in the letter with the header 'Update for Purchasers at Bayport Village Phase 2 - Midland Ontario - August 31, 2022'.

Continual delays in the project have brought worry to homeowners in Phase 2 and for those who pre-purchased units in Block 27, leaving confusion toward the Midland municipality that claimed transparency in their decisions while denying accusations of obstruction, and the Kaitlin developer claiming the inability to fulfill conditions under statements of providing misinformation to homebuyers.

Daniell began the August 31 termination letter having “strongly believed” that the town received everything needed to proceed with Phase 2 of the draft plan of subdivision, and added that two external planning firms “both reached the same conclusion”.

The letter continues that the August 10 regular meeting of Midland council put forth additional “onerous” conditions resulting in “an impossible to meet lapse date” and forced appeal situation. Furthermore, Daniell noted that “it's beyond upsetting to us that after years of work and multiple submissions, we are in many ways even further away from bringing this project to life.”

“The fact we have been forced to into (sic) the uncertainty of an appeal situation does not change our opinion that this development can be approved in short order with the right interventions.”

An offer of encouragement was written in the letter that “if we are able to navigate this process with the Town so that we can build and deliver this home within one year we will offer it to you for the same price as set out in the Agreement of Purchase and Sale.”

Its conclusion states that the “situation is completely unprecedented in the industry” with apologies and condolences to the recipient for experiencing “countless delays and frustration alongside us” with a promise to update “if things take a turn for the better."

MidlandToday reached out to Daniell for comment as well as town of Midland officials, but had not received any comments by press time.


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Derek Howard, Local Journalism Initiative Reporter

About the Author: Derek Howard, Local Journalism Initiative Reporter

Derek Howard covers Midland and Penetanguishene area civic issues under the Local Journalism Initiative, which is funded by the Government of Canada.
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