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2000-040 , . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2000-40 e BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN CONTROL AMENDING AGREEMENT BETWEEN CARRIAGE HILLS RESORT CORPORATION; CARRIAGE HILLS RESORT II CORPORATION; AND CARRIAGE HILLS RESORT III CORPORATION AND THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE. WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte pursuant to the provisions of the Planning Act, 1990, R.S.O. 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 No. 94-149; AND 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; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as Schedule "A", on lands described on the attached Appendix "B"; 2. THA T the Mayor and Clerk are hereby authorized to execute the Site Plan Control Amending Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. BY-LAW READ A FIRST AND SECOND TIME THIS 3rd DAY OF MAY 2000. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 3RD OF MAY 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE e ~.~ R<~ MAYOR IAN BEARD CLERK LYNDA AIKEN SITE PLAN CONTROL AMENDING AGREEMENT This Agreement made this A?At, day of"~ 2000. . BETWEEN: CARRIAGE HILLS RESORT CORPORATION CARRIAGE HILLS RESORT II CORPORATION CARRIAGE HILLS RESORT III CORPORATION Hereinafter called the "Owner" P ARTY OF THE FIRST P ART and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township ofOro-Medonte to pennit a 172 Unit Timeshare Townhouse Development (the "Project") on lands described in Appendix "B" attached hereto (the "Subject Lands"); 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 parties entered into an agreement (the "Site Plan Control Agreement") for the development of the Subject Lands in accordance with the site plan submitted by the Owner; AND WHEREAS the parties desire to amend the Site Plan Control Agreement to include a reference to the site plan drawings for Phases 2 and 3 of the Project; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of One Dollar ($1.00) of lawful money of Canada paid by each party to the other and other good and valuable consideration (the sufficiency and receipt of which is hereby acknowledged), the parties agree as follows: 1. Interpretation All capitalized tenns not otherwise defined in this Agreement have the meanings attributed to them in the Site Plan Control Agreement. e 2. Amendment Appendix "2" of the Site Plan Control Agreement is hereby deleted and replaced with Appendix "A", attached hereto. 3. Site Plan Control Agreement Remains in Force The Site Plan Control Agreement shall remain in full force and effect and binding upon the parties save as may be amended herein. 4. Registration on Title . The parties agree that this Agreement may be registered on title to the Subject Lands. 5. Enurement This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and assigns. 6. Further Assurances The owner shall do, execute and deliver or shall cause to be done, executed and delivered all such further acts, documents and things as the Township may reasonably request for the purpose of giving effect to this Agreement and to each and every provision hereof. 7. Amendments Prevail If any provision of this agreement is inconsistent or conflicts with any provision of the Site Plan Control Agreement, the relevant provision of this Agreement shall prevail and be paramount. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. SIGNED, SEALED AND DELIVERED I'~~ ) Ca !age Hills Resort Corporation ) Carriage Hills Resort II Corporation ) Carriage Hills Resort III Corporation ) Martin Kimble, General Manager ) ) ) I have the ability to bind the Corporation ) ) ) ) ) ) The Corporation of the Township of ) Oro- Medonte per: ) ) ) ) Ian Beard, Mayor ) ~ ~~R'~~ ilL ) Lynda Aiken, Clerk ) ) ) e APPENDIX "A" SITE PLAN DRAWINGS . Phase 1 of the Project The Site Plan/Phasing Plan drawings for Phase 1 of the Project, prepared by The Hurlbert Group, Nos. 1,2,3 & 4, are not in registerable form and are available at the offices of the Township ofOro-Medonte. Phase 2 of the Project The following Site Plan drawings for Phase 2 of the Project are not in a registerable fonn and are available at the offices of the Township ofOro-Medonte: 1. Drawing No. E-1, prepared by Carinci Burton Rogers Engineering Inc., dated December 22, 1998; 2. Drawing No. C-100, prepared by Cole Shennan, dated May 20, 1999, and; 3. Drawing No. A-200 prepared by Beinhaker/Irwin Associates, dated January 22, 1999. Phase 3 of the Project The following Site Plan drawings for Phase 3 of the Project are not in a registerable form and are available at the offices of the Township ofOro-Medonte: 1. Drawing No. E-l, prepared by Carinci Burton Rogers Engineering Inc., dated March 3,2000; 2. Drawing No. C3-100, prepared by Cole Shennan, dated March 3,2000, and; 3. Drawing No. A-01 prepared by Beinhaker/Irwin Associates, dated March 10, 2000. - , . .' APPENDIX "B" LEGAL DESCRIPTION OF SUBJECT LANDS: FIRSTLY - Parcel 1-16, Section 51-0RO-3, being; a) Part of Lot 3, Concession 4, Township ofOro, designated as Parts 5, 6, 9 & 10, on Reference Plan 51R-26764; b) Part of Lot 2, Concession 4, Township ofOro, designated as Parts 5, 6, 7, 8, 9 & 10, on Reference Plan 51R-26764. SECONDLY - Parcel 1-17, Section 51-0RO-3, being Part of Lot 2, Concession 4, Township ofOro, designated as parts 11, 12, 13, 14, on Reference Plan 51R-26764. THIRDLY - Parcel 1-18, Section 51-0RO-3, being Part of Lot 2, Concession 4, Township of Oro, designated as parts 1, 2, 3, 4, 15, 16, & 17, on Reference Plan 51- R26764. Being all in the County of Simcoe. .. "IJAJ. Province ~V~ of ~ Ontario ro ....-. C":) N C":) :r ..- ...... w () u:: lI.. o a: o lI.. ... New Property Identifiers LJ T t: (It UUnnl'\M \,ooV, LIIVIII ~\J Document General Form 4 - land Registration Reform Act, 1984 f:orm No. 985 o (1) Registry JJ (3) Property I dentlfler( s) land Titles ~ (2) Page 1 of , pages Block Property Additional: See 0 Schedule (4) Nature of Document f}pt'J II 'c(t.f-i r e<::. I'" Site Plan Amertding Agreement~nder 41(10} of the Planning Act. (5) Consideration nja (6) Description Dollars $ Firstly - Parcel 1-16, Section 51-0ro-3 being Part of Lot 3, Concession 4, Township of Oro-Medonte (formerly Township of Oro) designated as Parts 5, 6, 9 and 10, 51R-26764. Additional: See Schedule See 0 Schedule Executions Additional: See Schedule (8) This Document provides as follows: o (7) This Document Contains: Additional Parties 0 Other ~ ! (b) Schedule for: D! Description 0 (a) Redescription New Easement Plan/Sketch Site Plan Amending Agreement as attached. The Corporation of the Township of Oro-Medonte has an unregistered estate, right, interest or equity in the land registered in the name of Carriage Hills Resort Corporation in respect of the land registered as Parcels 1-16, 1-17 and 1-18 for Section 51-0ro-3 and hereby apply under Section 71 of the Land Titles Act for the entry of Notice of Agreement. Date of Signature Y M D !2000 i05 115 . . . . . . . . . ': . . . . . : . . .J. . . , .' OF ORO-MEDONTE, by its Clerk, Lynda Aiken 1 '! . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........................<<.........!..... ., .:' . . ! i , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . .. .. .:. . . , , , , , , , , . . : ' (9) This Document relates to instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Continued on Schedule 0 306006 Signature(s) THE CORPORATION OF THE TOWNSHIP . . " . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . .. . . . . I have the authorit (11) Address for Service to bind the Corporation. Box 100, Oro, Ontario (12) Party(ies) (Set out Status or Interest) Name(s) LOL 2XO Date of Signature Y M D Signature(s) , . , , , . . .. . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . .. r . .. .. .. .. ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . , CARRIAGE HILLS RESORT CORPORATION , . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. .. .. . .. .. . .q~~~!". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . .. . . . . . . . . . . . . . . . . . . .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . (13) Address for Service (14) Municipal Address of Property . . . . . .. Nqt Assigned (15) Document Prepared by: Fees and Tax Lynda Aiken, Clerk Township of Oro-Medonte Box 100 Oro, Ontario LOL 2XO ~ Z Registration Fee o w en ::::> w () lI.. lI.. o a: o lI.. I Total .. !.i) :;ovlnce ~ Ontatlo Schedule '""n. .._. ___ Form 5 - Land Reglatrwtion Reform Act. 1984 s Page :2 Additional Property Identifler(l) and/or Other Information Firstly - Parcel 1-16, Section 51-0ro-3 being a) Part of Lot 3, Concession 4, Township of Oro-Medonte (formerly Township of Oro) designated as Parts 5, 6, 9 and 10 on Reference Plan 5J.R-26764 t b) Part of Lot 2, Concess ion 4, TOv\7nship of Oro-~1edonte (formerly Township of Orol designated as Parts 5, 6, 7, 8, 9 and 10 on Reference PJ.an 51R-26764 Secondly - Parcel 1-17, Section 51-0ro-3 being Part Lot 2, Concession 4, Township of Oro-Medonte (formerly Township of Oro) designated as Parts 11, 12, 13 and 14 on Reference Plan 51R-26764 Thirdly - Parcel 1-18, Section 51-0ro-3 being Part Lot 2, Concession 4, Township of Oro-Medonte (formerly Township of Oro) designated as Parts 1, 2, 3, 4, 15, 16 and 17 on Reference Plan 51R-26764 All in the County of Simcoe . rw> 1S:2-1 IU-Z '(:)0 a:w oU) u...::J ...''If\1