2000-040
, .
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2000-40
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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
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~.~ 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
)
)
)
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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.
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,
.
.'
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.
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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
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(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
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(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 '!
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(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)
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . .
,
CARRIAGE HILLS RESORT CORPORATION
, . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .
.. .. .. . .. ..
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(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
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Schedule
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Form 5 - Land Reglatrwtion Reform Act. 1984
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Page
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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
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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
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