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1999-065 " , ........ . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 99- 65 . 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 . 1 f..< P- /.fe"'1}' MAYOR IAN BEARD -z;~< ~L,;'_ d.. L CLERK I:.YNDA AIKEN "'''"'',G i.ji ~;ovmce ~OntarlO Document General o 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 1,JJ C'I..\ :r (4) Nature ot Document Site Plan Amending Agreement under Section 41(10) of the Plannin Act. (5) Consideration ,I Iii ..-i ':; ...... !- IW la I~ 12 I 'UY L.,j"..,,,,,," C' i~:'-:' ~~; C) o <;':I n a (6) Description Dolfars $ l... ,,) C~ r- C'I..\ en <;':I c.c ..--t C) en 0') . .. Part of LotG 2-and 3, <C-encCOG:be!T~,~"'5hiT'<'f"- OI:;a ])4Qd.€>Htg (foHnCrly ~f Om), ..~ ~€€J..-as-ffirt:5-:l-'Etfld....z.""Refe=ee cP~lR 2629'7-. T~sHI.{- If ( 1-1(;, / 3, i )107 <::0 = " New Property Identifiers Additional S€€ Schedule D /7 'I' - Executions D (7) This Document Contains: (a) Redescription New Easement Plan/Sketch (b) Schedule for: Additional See Schedule D Description 0 Additional Parties Other KJ (8) This Document provides as follows: Site Plan Amending Agreement as attached. C'orpD On O{~ 5. It e s. CI.#1 I-n 1- I ~ ~ f f)\ (, Of <'.. -h'OI\ -,1 y Y1 f c Continued on Schedule (9) This Document relates to Instrument number(s) "';;0 (10) Party(ies) (Set out Status or Interest) Name(s) ,.,"" . Date of Signature y M 0 1999[06 24 Signature(s) 'IHE CORPORATIOO OF 'IHE 'J:'CJNNSHIP . . . . . . . . . . , . . . .,..,. . OF ORO-MElXNl'E. by its <Clerk. Lynda Aiken .,..,..,.. ......,.... .."" , . . . . . . . . . . . . . "",." . Municipality ......., " ..." , ",",.... . .".. ..., ...,. . 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 . , , , . . ....,...... . .,.,.."" . ........ . (13) Address tor Service Not Assigned Lynda Aiken, Clerk Township of Oro-Medonte P.O. Box 100 01:;0, Ontario LOL 2XO Fees and.-1 ax Registration Fee (14) Municipal Address of Property (15) Document Prepared by: :>-. .J Z o I~ W a u: "- o a: o "- " Total ~x lctGlule r=UsHy- /\A!{'e! 1-10 / 5fCHon)~/-O(O-3 tJ-eu'Uj' ct) /)Or1 of lo+::s / COf7fP5,sIOvl l./) luwf7'o.h/f des,,:) f7ue!.pd CIS Por+> '-;'/ C); C? (1 nd 10 0 If (/LR+nf[J Vi (1(' (Jla),J 'S / f' - C) fo7 b V ,96/ C) Ie . b) ()orf of lu+'d CvncC'ssi'oY) cf. 101AJf7s/1t',{} / l P d f5,'c:J }tC-I. -I €Cy{ as Porh '::') 1'0/ 7) 1:(; '1 an cI /0 ~7fJ(,{fVJ(I(' . V 10 V1 5/ e - eJ07 b 1-1 &-tJ (!j r () 017 YC()f1cHy- Po reel I-I?, Sf?C!.-hjr7 Sl-C~(o-S )Jf'/ru7 (JorllM d Conecs.s--I'on e/) )owYlsh,p ~ Ora c;&J/:]Ylwed Cu. Pod..5 JI) nl /2.:, 0 ncl )"-/ c>n P,<f'ffl-fJ1.(>f Plail ') r(Z - (~&'-7 0 V -rh i (d ly - Va rcd 1-/8 I "Y:C>h'OV1 Y 1-0'0- 5 bet' vlCJ Po y f /of C) I C'o 11(( <;. '> t' on L{ ) 7 () I/1J Y1 S. /11 'p 0 f- 0;/0 des., '5 )1D.fd CIs PC/rts ))J,~ L/; I')) Irs, one! 17 c0h l1elF're)'7U?, (J (ern ') / 12 - J-G f G '-I fHI r' {l)UVtfr F , I )}1 C 0 . . . . ..._.:. '.:"'" d i , 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. . SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~~ 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 .' '1 / z.?,,,,,,,t'5_ #~_ Lynda Aiken, Clerk . . ~ 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 . . . , iJ 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