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2005-019 Amend By-Law 2004-092 Authorize the Execution of a Site Plan Control Agreement between the Township and Horshoe Valley Resort LTD/ New Millennium Homes LTD.THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2005-019 Being a By-law to amend By-law 2004-092 - Being a By-law to Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte, and Horseshoe Valley Resort Ltd./New Millennium Homes Limited described as lands as follows: (Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) -Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15, 16, 18, 19, 20, 37, and 39 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) -Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R- 32830, Township of Oro-Medonte -Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51 R-32830 -Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and Designated as Parts 10, 11„ 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) -Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830) WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O. 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-law 94-149, a By-law to Designate Parts of the Township a Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O. 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-law are subject to Site Plan Control, pursuant to By-law 94-149; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: THAT the Township enter into the Site Plan Addendum Agreement attached hereto as Appendix "A", on the lands described in Schedule "A" to the Agreement; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Addendum Agreement on behalf of the Corporation of the Township of Oro- Medonte; 3. THAT the attached Appendix "A" shall form part of this By-law; 4. THAT this By-law shall take effect on the final passing thereof. READ A FIRST AND SECOND TIME THIS 16th DAY OF MARCH, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MARCH, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE tfvC '++~ ~ayor, J. Neil Craig Jerk, Maki yn Pennycq k ~, APPENDIX "A" TO BY-LAW 2005-019 SITE PLAN ADDENDUM - between - HORSESHOE VALLEY RESORT LTD. HEIGHTS OF HORSESHOE TOWNHOUSES -and- NEW MILLENNIUM HOMES LIMITED -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15, 16, 18, 19, 20, 37, and 39 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51 R-32830 Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro- Medonte, in the County of Simcoe, and Designated as Parts 10, 11„ 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830 Februar , 2005 By-Law No. 2005-019 ADDENDUM TO SITE PLAN CONTROL AGREEMENT This Addendum Agreement made in quadruplicate this 16th day of March 2005, in accordance with Section 41 of the Planning Act. BETWEEN: HORSESHOE VALLEY RESORT LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- NEW MILLENNIUM HOMES LIMITED Hereinafter called the "Owner" PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE THIRD PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 24-unit Townhouse Development on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owners entered into a Site Plan Agreement under By-law 2004-092 for the lands described on Schedule "A", attached hereto; AND WHEREAS the Owner agree to this addendum agreement which incorporates and additional clause in Section 1 of the Agreement; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: . - ~. That Section 1 -Covenants by the Owner of the Site Plan Control Agreement be revised to include the following additional clause: "(g) That if at any time within the next three (3) years the Township undertakes a monitoring program for the Coldwater River watershed, that the Owner will participate financially pro-rata in accordance with other water takers within the watershed." IN WITNESS WHEREOF, the Pansies hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) /~ i ~_ Owner: Horseshoe Valley Resort Ltd. Martin 'mble )Has the author' Bin a Corporation ) ) Owndr: ~ew Millennium omes Limited Dino Sciavilla Has the Authority to Bind the Corporation ) ) The Corporation of the Township ofOro-Medonte per: ~A `, ,tJ-~t or, J. Neil Craig ._.tA A...A l A' -A a. tl Clerk, Marily!r~ Pennycook(~ a i ,r. - SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. And New Millennium Homes Limited. LEGAL DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15,16, 18,19, 20, 37, and 39 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51R-32830 Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and Designated as Parts 10, 11„ 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830 Pr°°i°°° Document General of o~~„ Ontario Form 4 -Land Registration Reform Act (1) Registry ® Land Titles ^ (3) Property Block Identifiers c~7 LI5 , N £- ~,~ ~ _ c,r u :~ - ,_,, r- r,_ +" New Property Identifiers' { ~~ - "' '-' P Additional: See ^ Schedule Additional: See ^ Schedule (8) This Document provides as follows: I)PPF.ft Q. tlo men°QIMtlM3 D (2) Page 1 of 5 pages Property Additional: See Schedule (4) Nature of Document -~f~Pc: / t'1L~ Site Plan (5) Consideration NIL Dollars g N1L (5) Description Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan S1R-32830 Township of Oro-Medonte (Geographic Township of Medonte) County of Simcoe (T) This (a) Redescription i (b) Schedule for: Document New Easement Additional Contains PlanlSketch ^ ;Description ^ Parties ^ Other Continued on Schedule ^ (9)This Document relates to instrument number(s) u~~/) ~(//_ 7~~, (10) Parties (Set out Status or Interest) l• t" t(~ f , TH+1/TM~i~RPORATION OF THE TOWNSHIP OF ORO-MEDONTE ., Partrrlue_,,... Date of Signature Y M D 2005 04 OS (11) Address Box 100. Oro, ON LOL 2X0 I\ for Service (12) Party(ies) (Set out Status or Interest) Names HORS OE VALLEY RESORT LTD. HEIGHTS OF HORSESHOE TOWNHOUSES NEW MILLENNIUM HOMES LIMITED Owners Signature(s) Date of Signature Y M D (13) Address -- for Service (14) Municipal Address of Property (15} Document Prepared by: Fees and Tax NOT ASSIGNED Township of Oro-Medonte z Registration Fee Box 100, Oro, ON h LOI.2X0 Total I ! / J" 1 ~. Province Of o,~, Ontario 5 ~315~~~~ Certificate of Receipt Certificat de Rt:ctipiss~ APR 0 5 Y005 i~ ' Lmd R+pl~ ep tour. 8imooe M61 8arrb New Property Identifiers Additional: See ^ Schedule Executions Additional: See ^ Schedule Document General Form 4 -Land Registration Reform Act (1} Registry ^ (3) Property Identifiers Land Tifies Block (4) Nature of Document Notice of Agreement (5) Consideration OPFEF CA tl~umerRS.m~~l'S (2) Page 1 of 5 pages Property Additional: See Schedule NIL Dollars $ NIL (8) Description ' Part of Parcel 1-8, Section 51-Med-3, being Part of Lots 1 and 2, Concession 3, designated as Parts 2, 15, 16, 18, 19, 20, 37, and 39 on Plan S1R-32830; Parcel 1-5, Section 51-Med-3, being Part of Lot 1, Concession 3, designated as Parts 3 and 4 on Plan S1R-32830; Part of Parcel 1-12, Section 51-Med-4, being Part of Lot 1, Concession 4, designated as Parts 10, 11, 12, and 13 on Plan 51R-32830; All in the Township of Oro-Medonte (Geographic Township of Medonte County of S1mCOe (7) This (a) Redescription (b) Schedule for: Document New Easement Additional Contains Plan/Sketch ^ ;Description ^ Parties ^ Other (8) This Document provides as follows: --- The Corporation of The Township of Oro-Medonte, having a legal interest in the lands above-described in Box 6, h applies under Section 75 under the Land Titles Act to have the register for the said lands amended by registering a Notice of Agreement. The evidence in support of this Application is the said Agreement. Continued on Schedule ^ is Document relates to instrument number(s) ~ ~ ~. `-1~, (10) Parties (Set out Status or Interest) J ~ ,. Date of Signature TI3~.~RPORATION OR THE TOWNSHIP OF see^ature(s) ~ ~ _ ~ Y M o ORO-MEDONTE ` ' ~ ^'~~r /j ~ ' __..... _.... -.... ~~. - f.C G~CC~f r','e,G~~C ~,f fr ,~~ 2005 04 OS (11) Address Box 100. Oro, ON LOL 2X0 for Service (12) Party(ies) (Set out Status or Interest) (14) Municipal Address of Property NOT ASSIGNED (15) Document Prepared by: Township of Oro-Medonte Box 100, Oro, ON LOL 2X0 Fees and 7az ~ Registration Fee ~ ~ Total 11. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report Na. EES 2008-30, Keith Mathieson, Director of Engineering and Environmental Services re: Releasing Horseshoe Valley Resort t_td., Heights of Horseshoe Townhouses, and New Millennium Homes Limited from Paragraph (g) of Section 1 of the Addendum to Site Plan Contra) Agreement. Motion No. CW080813-24 Moved by Allison, Seconded by Coutanche It is recommended that 1. Report No. EES 2008-30, Keith Mathieson, Director of Engineering and Environmental Services re: Releasing Horseshoe Valley Resort t_td., Heights of Horseshoe Townhouses, and New Millennium Homes Limited from Paragraph (g) of Section 1 of the Addendum to Site Plan Control Agreement be received and adopted. 2. That the Township of ©ro-Medante release Horseshoe Valley Resort Ltd., Heights of Horseshoe Townhouses and New Millennium Homes Limited from Paragraph (g) of Section 1 of the Addendum to Site Plan Cantral Agreement dated February, 2005. 3. That the Mayor and Clerk be authorized to execute the Release as outlined in Report No. EES 2008-30. 4. And Further That the owner be notified of Council°s decision. Carried. Page 14 Committee of the Whole Meeting Minutes -August 13, 2Q08 Page2of3 RELEASE THE CORPC?RATIt3N 4F THE TtJWNSHIP OF ORCt-~~IEDQNTE, having an interest in the pr~~pert~ described as: Part cif Parcel 1-~, Section 51-Med-3, being Fart of Lots l and 2, Concession 3 designated as Parts 2. 15, 16, 18, l~, 20, 37 and 3'~ on Plan S1R-32830 Parcel I -5, Section 51-Med-3 being Part of Lot 1, Concession 3, designated as Parts 3 and 4 on Plan ~ 1 R-32830 Part of Parcel 1-12, Section 51-Med-4, being Part of Lat 1, Concession 4 designated as Parts 1{), 1 1. 12 and 13 on Plan 51 R-32830 Ail in the Township of faro-Medonte (Geographic Township of Medonte), County of Si~mcoe, cloth 17ereby release Horseshoe Valley Resort Ltd., Heights of Horseshoe Townhouses and New Millennium Homes Limited from Paragraph (g} of Section 1 with respect to the monitoring program far the Coldwater River watershed and participating financially pro-rata in accordance with other water takers within the watershed, and any legal interest or terns and conditions arising out of the Site Plan Control Agreement registcrecl against the above described property as Instrument No. SC318024, and, confirms that this Release is final in nature, Dated this 13th day of ,~~~ll~~08 THE C.QRPC?RATI+DN a-F THE TCIWNSHP OF ORO-'~IED~NTE Per: Name: H.S. IIu~hes Title: Mawr Per: ,l ~ .,,~..~ Nye: J. Dou;las Irwin Title: Clerk I/We have authority to bind the Corporation