1994-081 To Authorize an Amendment to the original Settlement Agreement between Horseshoe Resort Corporation and the former Corporation of the Township of MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 94 - 81
A BY -LAW to authorize an Amendment to the original
Agreement between Horseshoe Resort Corporation and
Corporation of the Township of Medonte.
Settlement
the forme
WHEREAS Council of the former Township of Medonte by By -law 1991 -3
entered into a agreement with Horseshoe Resort Corporation;
AND WHEREAS an Amendment to the agreement was made by the Counci
of the former Township of Medonte by By -law 1992 -50;
AND WHEREAS Council of the Township of Oro - Medonte is desirous t
amend that agreement to provide for an extension to the date upc
which the Site Development agreement be entered into.
NOW THEREFORE, COUNCIL OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACT
AS FOLLOWS:
(1) That the attached Amending Agreement, shown as Schedule
hereto form part of this By -law.
(2) That the Mayor and Clerk be authorized to execute the Amendin
Agreement on behalf of the Corporation of the Township of Orc
Medonte.
(3) That the Schedules attached hereto also form part of this
law, as follows:
(a) Schedule 'B' - Copy of By -law 1992 -50
(b) Schedule 'C' - Copy of By -law 1991 -30.
(4) That this By -law shall come into full force and effect on
final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME, THIS 4TH DAY OF MAY 1994.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF
1994.
THE CORPORATION OF THE TOWNSHIP OF
MEDONTE
- Darlene
SCHEDULE "A"
THIS AMENDING AGREEMENT made as of the 4th day of May, 1994
B E T W E E N:
HORSESHOE RESORT CORPORATION
hereinafter called "Horseshoe"
OF THE FIRST PART:
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
hereinafter called "Township"
OF THE SECOND PART:
WHEREAS the parties hereto entered into an
agreement made as of the 28th day of October 1991 and amended by
by -law 1992 -50 of the Former Township of Medonte (the "Agreement ") :
AND WHEREAS the parties wish to amend the
Agreement:
NOW THEREFORE THIS AMENDING AGREEMENT
WITNESSETH that in consideration of the mutual covenants herein
contained and for other good and valuable consideration, the
receipt and sufficient of which is hereby acknowledged, the parties
hereby agree with each other as follows:
1. Paragraph 3.2 of the Agreement is hereby deleted and the
following is substituted therefore:
"In the event that Horseshoe fails to enter into a Site
Development Agreement with the Township upon the terms as set
out above on or before March 31, 1996, or in the event that
Horseshoe fails to make further deposit payments as
contemplated under paragraph 1.2 above within 30 days of
demand therefore by the Township, the Township shall be
entitled to rezone the subject lands as it sees fit, in its
absolute discretion, and Horseshoe covenants and agrees that
it shall not call into question directly or indirectly in any
proceeding whatsoever, in law or in equity, or before any
administrative tribunal, the right of the Township to rezone
the said lands ".
2. In all other respects the original Agreement remains in full
force and effect, unamended.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
By Horseshoe on the day of 1994.
HORSESHO7
CORP TION
Loren Bo
I have authority to bind the Corporation
By the Township on the 4th day of May 1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
Ma / r - Robert E. Drury
lerkDarlene Shoebridge'
I I
•
BY-LAW NO. 1992-50
A,BY-LAW to authorize the Amendment to a settlement agreement between HkIrmshm III
Corporation and the Corporation of the TOwnshiP of Med=tf-
WZMEAS Council by By-law 1991-30 entered into an agreement with Horseshoe Resort CO?Pwuu=
NOW THEREFORE, Council of the Corporation of the Township of Medonte hereby enacts as follows:
(7) That the Ream and Cler* are harby authorized to execute on behalf of the Township Of
Med=te an amending agreement with Horseshoe Resort Corporation.
PX60 a first and second time, mad a third time and pawed this 14th Day of September, 1992.
THIS AMENDING AGREEMENT made as of the 23rd day of July. 1992
BETWEEN:
HORSESHOE RESORT CORPORATION
hereinafter called "Horseshoe'
OF THE FIRST PART:
- and-
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
hereinafter called "Township"
OF THE SECOND PART:
WHEREAS the parties hereto entered into an agreement
made as of the 28th day of October. 1991 (the "Agreement ");
Agreement: AND WHEREAS the parties wish to amend- the
NOW THEREFORE THIS AMENDING AGREEMENT
WITNESSETH that in consideration of the mutual covenants herein contained
and for other good and valuable consideration. the receipt and sufficient of which
is hereby acknowledged. the parties hereby agree with each other as follows:
Paragraph 3.2 of the Agreement is hereby deleted and the following
Is substituted therefore:
"In the event that Horseshoe falls to enter into a Site Development
Agreement with the Township upon the terms as set out above on or
before November 15. 1993. or in the event that Horseshoe falls to
make further deposit payments as contemplated under paragraph
1.2 above within 30 days of demand therefore by the Township. the
Township shall be entitled to rezone the subject lands as it sees fit.
In its absolute discretion. and Horseshoe covenants and agrees that
It shall not call Into question directly or Indirectly in any proceeding
whatsoever. in law or in equity. or before any administrative tribunal,
the right of the Township to rezone the said lands ".
2. In all other respects the Agreement remains in full force and effect.
unamended.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
By Horseshoe on the day of 1992.
HORSESHOl; ,RESORT CORPORATION
Pet: - _/
Nf
Authorized Signing {Officer
I have authority to bind the Cornoratton
By the Township on thejf day of�WriFN& ACI992.
THE CORPORATION OF THE TOWNSHIP
OF MEDONTE
Reeve
Per:
Clerk - Gaf`y Cunnmgt4n
Schedule "C"
1 • •••� • • 1 • • • .��•i�M4..
BY -LAW NUMBER 1991 -30
A BY -IAW to authorize the execution of a settlement agreement between Horseshoe
Resort Corporation and the Corporation of the Township of Medonte
WHEREASE it is seamed expedient to enter into a Settlement Agreement with
Horseshoe Resort Corporation with respect to the appeal by Horseshoe Resort
Corporation of By -law 1990 -22 of the Township of Medonte.
NOK TIIFRFWC2E the Council of the Corporation of the Township of Medonte hereby
enacts as follows:
1) That the Reeve and Clerk are hereby authorized to execute on behalf of the
Corporation of the Township of Medonte a Settlement agreement with Horseshoe
Resort Corporation with respect to the appeal by Horseshoe Resort
Corporation of By -law 1990 -22 of the Township of Medonte.
2. That the Reeve and Clerk are hereby instructed not to complete the execution
of the Settlement Agreement and related documents until there is received
from the municipal solicitor a letter confirming that the proposed
Settlement Agreement and related documents are completed in accordance with
the standards required by the Municipality.
BY-iAW read a first, second and third time and finally passed this 28th day of
October, 1991.
lerk = G&IE`y Cunnin
•
THIS AGRERMNST made 913 of the 48th day of October, 1991
BRIM NNRNe
nommeNon RXIORS CORPORATION
hereinafter called "Horseshoe"
OF TIM FIRST PART
• THE CONPORAT= OP TNT T n Z18U OF
MUO M t hereinafter called the
"Township"
OF TER 83COND PART
MMRRAS Horseshoe in the registered owner of the lands described
in Schedule "A" attached hereto (hereinafter Called the "subject
Mande ").
AND WHERRA9 the Council of the Township has passed fly -law 1990 -22
pursuant to Section 34 of the planning Act, Sao. 198 C. i which
By - law would resone the subject lands from the Genevai Residential
(R18) son*, as specified under By -law 05 -10 for the Township to
the private Open Space (082) sons.
AND MMREAS Horseshoe has filed an appeal of Hp-law 1980 -22
pursuant to Section 34 (18) of the Planning Act, H.6. 1983 0, 1.
AM WHRRBAS Horseshoe and the Township have agraed to resolve the
appeal by Horseshoe of By -law 1990 -22 upon the terms and conditions
hereinafter not forth.
NOW THIRSTORS in consideration of the matual covenants and
agreements hereinafter contained and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree with each other as follows
1. MR=
1.1 Horseshoe shall pay to the Township the sum of TV
281098M FIVE HO3�RSD 0OI+ (w9, 0 10.00) on or be
the date of the execution of this agreement by the
Township, as a deposit to be held by the Townsb p and
Ali towards professional consulting fees incurred by
the Township in connection with the review of the
development proposal of Horseshoe for the subject lands.
1.2 Horseshoe Covenants and agrees to pay to the Townshi
from time to time upon demand .by the Township such
further suns as are necessary to maintain the Weposit
held by the Township at the sum of TWO TRODBAND FIVE
HOIIDRSD DOLLARS 2,500.00), as the deposit funds are
applied by the Township in payment of professional
consulting fees.
2.1 The Township shall
Municipal Board at
1991 Allavin the
the sabisot leads
E:oeption song ino
in 1!y -law No. 05 -1
consent to an order
the Hearing schedWAd
appeal of Horseshoe or placed in
orporatinaa the provic
O of the T*wns
by the Ontario
for November o
the extent that
a Residential
lops as not out
3.1 Horseshoe covenants and agrees to proceed expeditiously
in#
a) obtaining ail Xinistry
approvals, and other got►ermtieatal
b) Conducting all necessary
studies, snginaariaq and related
°) Preparing 'all rsquired eagiaeering pl,auu,
specifications and reports,
•
and tc talaae all other steps necessary to enable Hor
to enter into a Bite oevelopeent Agreement wit t h he. oe
sm
Township to psit the deveiopwat of the subject leads
in accordance with the provisions as not out in 87"I&W
85 -10 of the Township, on at before the 15th day of
November, 1992.
3.2 iaa the event that Raraeshcs fails to enter into a site
nweicpment Agreement frith the TOVUJNhip Upon the terms
ns set out above on or befato 1DV=ber 15, 1992 or in
the event that Horseshoe fail■ to awake further deponit
Dayments as Contemplated under, paragraph 1.9 above within
]0 days of demand therefore by the TeMnahip, the Township
shall be entitled to resone the subject Jona as it gees
fit, in its absolute discretion an Horseshoe covenants
and agzea■ that it shall not call into question directly
or indirectly in MY proceeding whatsoever, in law or in
e ity, or before say adainistrative tribunal, the right
nt the Township to regoae the said lands.
3.3 Hotwithatand n the provisions Of aragraph 3.2, the
Township may, but §hail not be obligated to, agree to
extend the final date for SMOution of the Site
DMIO oOnt Agreement as not out above, where unrseshce
is delayed or prevented from fulfilling its obligations
hereunder as a result delays an the part of in
p
this go rnmental authority or agency, and the provisions of
greamsnt shall continue to apply, mutatis =tendis.
4.
4.1 This Agra§aeeat is conditional upon the apppproval of the
Ontario Municipal Hoard, failing which this Agreement
shall be null and void, the deposit of Horseshoa ahal1
be returned without interest or deduction.
iN W1=188 WIMRROP the parties hereto have executed this Agreement
on the fpilowing dates§
BY Horseshoe on the Ls day of October, 1991.
MORaNSRO' RIO" T COAPORATIODt
Pero C/o
By the Towwnship an the 96th day 09 October, 1991,
TU CORVORATION OF am SO 11 HIP OF IMDORTM
SCHEDULE "A"
Witt•�IY
The remainder of Parcel 1 -3, Section 51 -Med -4 being composed of Part of Lots 1 and 2,
Concession 4, in the Township of Medonte County of Shncoe designated as Parts I and 2, Plan
51R -5809,
SAVE AND EXCEPT
1) Part of Lot 2, Concession 4, designated as Part 3, Plan 51R -8682;
2) Part of Lot 1, Concession 4, designated as Parts 1, 2,'4, 8, 9, 10, 11, 12, 13, 14 and 15, Plan
5IR -9625 and Paris i and 2, Plan 5IR -8983;
Together with ail casement over Pans 4, 8, 12 and 14, Plan 51R - 7623 and Part 2, Plan 51R --8983
as pot out in Instrument No. 23383.
5B' QNQL,Ys
Parcel 1 -3, Section 51 -Med -4 being composed of Part of Lot 1, Concession 4, Township of
Mr donte, County of Simcoe, designated as Parts 1 and 2, Plan 51R- 86882.
L,
11