1999-065
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 99- 65
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BEING A BY.LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
CONTROL AMENDING AGREEMENT.
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, RS.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, RS,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 Amending Agreement attached
hereto, as Appendix "B", on lands described on the attached Schedule "A";
2. THAT 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 16th DAY OF JUNE 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th OF
JUNE 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR IAN BEARD
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CLERK I:.YNDA AIKEN
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Document General
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Form 4 - Land Registration Reform Act, 1984
(1) Registry ~
(3) Property
Identitier(s)
Land Titles
(2) Page 1 of 5 pages
Block
Property
Additional
See
Schedule
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(4) Nature ot Document
Site Plan Amending Agreement under Section 41(10)
of the Plannin Act.
(5) Consideration
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(7) This
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(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Additional
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Schedule
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Description 0
Additional
Parties
Other KJ
(8) This Document provides as follows:
Site Plan Amending Agreement as attached.
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(9) This Document relates to Instrument number(s)
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(10) Party(ies) (Set out Status or Interest)
Name(s)
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Date of Signature
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1999[06 24
Signature(s)
'IHE CORPORATIOO OF 'IHE 'J:'CJNNSHIP
. . . . . . . . . . , . . .
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OF ORO-MElXNl'E. by its <Clerk. Lynda Aiken
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Municipality
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I have the
(11) Address
for Service
authority to bind the <Corporation.
P.O. Box 100, Oro, Ontario LOL 2XO
(12) Party(ies) (Set out Status or Interest)
Namels)
Signature(s)
Date of Signature
y M 0
CARRIAGE 'HILLS RESORT CORIDRATIOO
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(13) Address
tor Service
Not Assigned
Lynda Aiken, Clerk
Township of Oro-Medonte
P.O. Box 100
01:;0, Ontario
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Fees and.-1 ax
Registration Fee
(14) Municipal Address of Property
(15) Document Prepared by:
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SITE PLAN CONTROL AMENDING AGREEMENT
This Agreement made this j/..Day of June, 1999.
BETWEEN:
CARRIAGE HILLS RESORT CORPORATION
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
r
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
- and -
GENERAL ELECTRIC CAPITAL CANADA INC./SUN LIFE TRUST COMPANY
- and -
GENERAL ELEC'fRIC CAFI'fALCANADA INC.
IIereisaier salles the "Mortgagees"
P AKU.65. Off TIm "fH'fiU5 PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit 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 b y 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 ofthe 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 terms not otherwise defined in this Agreement have the meanings attributed
to them in the Site Plan Control Agreement.
2.
Amendment
Appendix "2" of the Site Plan Control Agreement is hereby deleted and replace with
Appendix "A" attached hereto.
r
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.
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SIGNED, SEALED AND DELIVERED )
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C 'age Hills Resort CorporatIOn.
Martin Kimble, General Manager
I have the ability to bind the Corporation
Benerzd-c\':'ctJ'lc,GltpitftH::Ml!!8!! IlIe.
:&Ivl.t1SatslVl;;~---R4I.11c~1~.lHvH~A{)':)Gt-~?v1'g1.
l,havethe-abilitytobind-the-Corporation
Suu L~fv T.lu.....,l CO.lupauy, ~D.Jlltsttoccv
D,WDloo1.5, Dilec,lol Spedld Accounts
I have the ability to bind the Corporation
The Corporation of the Township of
Oro-Medonte per:
~/_ /lay
Ian Beard, Mayor .'
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Lynda Aiken, Clerk
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APPENDIX "A"
SITE PLAN DRAWINGS
Phase 1 of the Proiect
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 of Oro-Medonte.
Phase 2 of the Proiect
The following Site Plan drawings for Phase 2 of the Project are not in a registerable form
and are available at the offices of the Township of Oro-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 Sherman, dated May 20, 1999;
and
3. Drawing No. A-200, prepared by Beinhaker/lrwin Associates, dated
January 22, 1999.
::ODMA\PCDOCS\DOCS\709375\2
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APPENDIX "B"
LEGAL DESCRIPTION OF SUBJECT LANDS
Concession 4, Part of Lots 2 and 3, Reference Plan 51 R-26297, Parts 1 and 2, Township
of Oro-Medonte (former Township of Oro), County of Simcoe.
:s u' ~~le
::ODMA \PCDOCS\DOCS\709375\2