Loading...
HomeMy WebLinkAboutBRU 91 039 agree Restar Inc. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 91-39 -. BEING A BY-LAW to authorize the Township of Bruce to enter into a development agreement with Restar Inc.. WHEREAS Restar Inc. has requested the Land Division Committee for the County of Bruce to approve an application to sever the lands pursuant to File No. B-134/91 and B-135/91. AND WHEREAS the lands have Ministry of Natural Resources and Scientific Interest (ANSI). been identified by the Ontario as containing an Area of Natural AND WHEREAS the application to conditions requiring the owners agreement to protect the lands. sever the to enter lands contained into a development AND WHEREAS the parties have agreed on the terms of the development agreement. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. The Corporation of the Township of Bruce enter into a development agreement with Restar Inc. in the form attached as a schedule to this by-law. 2. That the Reeve and Clerk of the Township are authorized to execute the agreement on behalf Township and to affix the corporate seal as required. hereby of the By-law introduced and read a First time this NINETEENTH day of NOVEMBER, 1991. By-law read a Second time this NINETEENTH day of NOVEMBER, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-39 this NINETEENTH day of NOVEMBER, 1991. CLERK REEVE /)¿¿;~~ - SEAL . O! HW'=::'I '~J. U:J.4't ~.......¡ C-I·.I tú ~ btc..!t\- 1:..~t=Me..t- DBVELOPMENT AGREEME~'l' This agreement made this 26th day of August, 1991. B B T W B E HI RBS'l'AR INC., a company incorporated under the laws of the,Province of Ontario, having its Head Office in the City of Guelph, in the County of Wellington, Province of Ontario (Hereinafter called the ~OWner") OF THB FIRST PART - and - THB CORPORATION OF THB TOWNSHIP OF BRUCE (Hereinafter called the ~Township") OF THE SECOND PART WHERBAS the Owners are the registered owners of the lands described in Schedule ~A~ attached hereto and hereinafter referred to as the lands. AND WHBREAS the Land Division Committee for the ~ County of Bruce did approve an application to sever the lands pursuant to Pile No. B-134/91 and 8-135/91. . AND WHBREAS the lands have been identified by the Ontario Ministry of Natural Resources as containing an area/ of natural and scientific interest (ANSI). AND WHEREAS the application to sever the lands contained conditions requiring the owners to enter into a ~ development agreement to protect the lands. AND WHEREAS pursuant to the Planning Act, R.S.O. 1983. Chapter I, Section 52(2) an agreement may be obtained by a municipality and registered, subject to the provisions of the Registry Act. AND WHBREAS the appeal period to the Land Division Committee decisions has expired and the decisions are now final. '( " NOW THEREFORE the parties hereto, in consideration of the covenants contained herein, covenant, promise and agree with each other as follows I 1. The lands described in Schedule ~A" shall be developed only in accordance with the site plan attached as Schedule HB~ and the terms of this agreement. 2. The OWners acknowledge that...All- of the lands desc:dbed in Schedule ~A" have been !aentified by the Ontario Ministry of Natural Resources as an area of natural and scientific interest (ANSI). 3. No development whatsoever shall occur on the lands described in Schedule ~A~, other than within that part of the lands shown as the dark shaded area on the site plan attaohed as Sohedule "8" to this agreement. /1 _ ., rt.f. ¡I..../~~rllort . ·.'.-"... -' _.. oJ',;":'· ,,~ W¡_"""';";"¡"d:,,J~ ,-~~ ., . . ~ - 2 - 4. For the purpose of this agreement, development shall include, but not be limited to, the disruption or removal of any existing soil or vegetation located on the lands by any means whatsoever, save and except from natural causes. 5. All applications to the Township by the OWners for a building permit or any other permit as may be required to perform work on the land shall be accompanied by a written confirmation from the Ministry of Natural Resources and the Bruce-Grey Health Unit, that the application is in conformity with Schedule ~B~ and the terms of this agreement. 6. The Owners agree not to call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity or before any administrative tribunal, the right of the Township to enter into this avreement and the right to enforce each and every term, cond1tion and covenant herein contained, and this agreement may be pleaded as an estoppel against the Owner in any case. 7. The execution of this agreement by the Township shall not be deemed to give any assurance that a building permit, when applied for, shall be issued. The OWners hereby waive any right to obtain a building permit on the said lands until the Owners have complied with each and every term and condition of this agreement to the satisfaction of the Township. 8. It is expressly understood and agreed that the remedies of the Township under this agreement are cumulative and the exercise by the Township of any right or remedy for the default or breach of any term, condition, covenant or agreement herein contained, shall not be deemed to be a waiver of or alter, affect or prejudice any other right or remedy or other rights or remedies to which the Township may be lawfully entitled for the same default or braach¡ and any waiver by the Township of the strict observance, performance or compliance by the OWners with any term, condition, covenant or agreement herein oontained, or any indulgence granted by the Township to the OWners, shall not be deemed to be a waiver of anI other subsequent default or breach by the owners or to ent tle the owners to any similar indulgence heretofore granted. 7. The Owners agree that this agreement may be registered on the title to the lands described in Schedule usn, at the expense of the owners. 8. IT IS DRCLARED AND AGREED that the covenants, conditions and understandings herein contained on the part of the Owners shall run with the land and shall enure to the benefit of and Þe binding upon the parties hereto and their respeotive heirs, executors, administrators and assigns. IN WITNESS WHEREOF the Owners have hereunto affixed their corporate seal attested to by the hands of their II............. ...,',J. "-'...;.~-' ''''¡n.....;:.;.lìt....h.''~UU . 1'.t - 3 - Lo..JU UI proper officers on that behalf and the Township has affixed its oorporate seal attested to by the hands of its Reeve and Clerk. SIGNED, SEALED AND DELIVERED In the presenoe of: ) ) RESTAR INC. ) ) )Perl ) ) ) Per: ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF BRUCE ) ) ) ) Reeve I ) ) ) Clerk ) HUl,;l ~ I .JJ. U.J........ -':'~""""'I tl~",Ù')ftu~JU U -~,1 WED 14:44 T~A7~ .......-''-' P.02 - -> SCHEDULE "A", AU. AND SINGULAR tbat certain parcel or tract of land and premises, situate, l~i '\S nnd being in the Township of Bruce, in the County of Bruce and the Province of OntArio, being composed of Part of Lot 47, Lake Range, Township of Bruce and more pflrtlculnrly descrihed flS Pan" 1 and 2 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Bruce as Plan 3R- b;:'D 5 ' , HUb 2'( '91 1ð9:45 9:1. WE:D lÆCHTER.1'I'GoOJD .. "'.. '" :I. -4 : 4,e Tel'll T 656 PØ9 P.03 SCHJDULE "B" . .. g .......... ....- ""'" ' / t 1\ f~ // \ I I " '. _______ -:1 '\ "~I h. \ !~~ o"~ J> "6· \ ç.,..~..¡ \1:I:.'::é \ !:I:;:IU: ,~.. 1=1 ".. :¡ c.o o /' ,; < - \ ! ~ toP ~ : d',. ""'! - ""'.... ...,.. ';:: \. , , \~ ~ ~ ~ !.AKa ' "0 t\'Uf2ct.,I .. ¡, ..¿\ ~~.. ,~. t " .\ . ./ , \ : . , " Scale: 1" '" 100' ..' Ltgtndl C~ - ~. IIOOIOtlOtI_nn..",...... n.It. ........ Co_ Lha dal'._. ""110 ....noct '*"PIlOn. 01_. ...... -- ..- ......:IcaIIubun~ N\IIIIber 11101 oo..rtpdon 01 .....l1li, OIII\I1II1Id _ oa ' ._w_ 01 . OWl Gnu, .t. OC .......w....,..... 01 !hi Codar_ 01 LMt. ..... iii' ,,"".,...- ....- GI o,en ,.... Dull.! Ar.'~' ~, _~lOh _~I~.""noe "m'..... .hh ,,,- ,f0P0Ø4S.. _.....nt. lur~""" at... e.,v. ... .. . ~ - - .' . . ~ ~. ;-;.'. ,:'/?;\'r:,":,~~~' .;:~~)'.. '.;~ BQbWaram Clerk-Treasurer Township of Bruce R. R. #3 Tiverton, Ontario NOG 2TO IN ACCOUNT WITH WAECHTER, MAGWOOD, VAN DE VYVERE& THOMPSON BARRISTERS Be SOLICITORS WALKERTON. oNTARIO NOG 2VO ., Nnvpm~pr 2R lqql RE: Restar Development Part Lot 47 & 48 pa;d to register agreement $25.00 This is our account herein. WAECHTER, MAGWOOD, VAN DE. VYVERE & THOMPSON ~~ t.':a;":Od ' ( GCM:cg G.S.T. #R122439680 ""',.' d': .:~ ~~~ ? 'f ~""."¡' ." ....,.<I\;~ ."'... ',.:,f'... rovince of . . ... Ontario Dôêument Gene.ral Fonn 4 - Land RegIsb.uott Reform Act, 1984 ......"........' "' '..,.'.....'.. .. '........ ;, ',' 'J , u' , .' ~ " :.' '. ,.,'." 21212;' Number. _...-._ CERTIFICATE OF REGISTRATION (1) Registry ŒI (3) property ldenllllel(s) Land TIlleS 0 (2) Page 1 of 6 pages Block property Additional: See 0 SChedule .. "91 tIN 27 A10.:5S (4) Nature of Document Development Agreement > ...J ~ W ~ ~ "..". ¡¡ ~' ~ BRUCE No.3 WAU<EFn"ON (5) DoUars $ LMd Registrar (6) Description New Property Identifiers Additional: See 0 SChedule Part of lot 47, Lake Range in the Township of Bruce in the County of Bruce designated as parts 1 and 2 on reference plan 3R-5505. xecullons Additional: ~hedule {J (7) ThIs Document Contains: (a) RedesCription New Easement PlanlSketch (b) SChedule for: o Additional Description 0 Parties 0 Other Q9 (I) ThIs DocuInenI,-ò41de6 as I~lows: See Agreement attached Continued On Schedule 0 (9).""18 Document...... .to Inttrumentnumbel(s) (10) Party(Ies) ($etout Status or Interest) Name(s) SignatUre(S) Date of Signature Y M D RESTAR INC. · . . . . .¡. . '. '" . . . . .. . . .. . .. .. .. . .. . .. .. .. I . . . .. . .. . . .. . .. .. .. .. . . , : I J . . . . .. .. .. . . .. .. I I .. .. .. .. . .. .. .. I . .. . .. . .. .. .'. f . ! . . . . .. i . . "I" '. .. 1 : ! ¡: . . . .. .. .... .. .. . . . .... . .. .. .. .. .. .. .. . . .... .. .. .. . . . .. ! .. .. .. . . 1 . . .j- .. .. , " , " , " , " .. . .. .. .. .. .. .. .. . . .. .. . .. .. . .. . . .. .. .. .. .. . . . ! .. .. .. . . i . . .:. . .. , " , " , " , " · " , .' · . ( 9YlA~~ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. (11) AdchI8 for .1enIce C/O 351 Speedvale Avenue West, Guelph, Ontario NlH 1C6 (12) Party(lee) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D · . ~~!L: .Q8~~~f9~.. PF:.~~.~ .~g~~l. 9F: .~Uç~.c'. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . .t. . . . . . · .~. .,,~'! .!1~;t.~cito.r:.q~~!,~e .~~,?ç........ ~~./~.. .~. .l.. .~J,99l In. .2.6 , , · , . : : .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . . . . . . . .. .. .. .. .. . . . " .. .. .. .. .. .. .. .. .. . . ..... ........................................................10............ , , ¡ ! · , : I (13)AdclreS8 II IorServlce '. R. R. . . 3, Tiverton, Ontario NOG 2TO (14) Munlclp.,Addr8es 01 Property (15) Document Prepared by: George Magwood not. aS$igned Waechter, Magwood, Van DeVyvere & Thompson 215 D~rham Street Walkerton, Ontario NOG 2VO I ~ ~ Registration Fee ~ ;:) w Q, .... .... o ~ .... Fees and Tax ;OfJ Total 2)00 Newsome IInd Gilbert. Fonn LFl.333 0/85) . April. 1985 .., t ',,' bJ- ~, DEVELOPMENT AGREEMENT This agreement made this 18th day of November, 1991. BET WEE N: RESTAR INC., a company incorporated under the laws of the Province of Ontario, having its Head Office in the City of Guelph, in the County of Wellington, Province of Ontario (Hereinafter called the "Owner") OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called the ''Township'') OF THE SECOND PART WHEREAS the Owners are the registered owners of the lands described in Schedule "A" attached hereto and hereinafter referred to as the lands. AND WHEREAS the Land Division Committee for the County of Bruce did approve an application to sever the lands pursuant to File No. B-134/91 and B-135/91. AND WHEREAS the lands have been identified by the Ontario Ministry of Natural Resources as containing an area of natural and scientific interest (ANSI). AND WHEREAS the application to sever the lands contained conditions requiring the owners to enter into a development agreement to protect the lands. AND WHEREAS pursuant to the Planning Act, R.S.O. 1983, Chapter 1, Section 52(2) an agreement may be obtained by a municipality and registered, subject to the provisions of the Registry Act. AND WHEREAS the appeal period to the Land Division Committee decisions has expired and the decisions are now final. NOW THEREFORE the parties hereto, in consideration of the covenants contained herein, covenant, promise and agree with each other as follows: 1. The lands described in Schedule "A" shall be developed only in accordance with the site plan attached as Schedule "B" and the terms of this agreement. 2. The Owners acknowledge that all of the lands described in Schedule "A" have been identified by the Ontario Ministry of Natural Resources as an area of natural and scientific interest (ANSI). .. ' . , :\ I.. - 2 - 3. No development whatsoever shall occur on the lands described in Schedule "A", other than within that part of the lands shown as the dark shaded area on the site plan attached as Schedule "B" to this agreement. 4. For the purpose of this agreement, development shall include, but not be limited to, the disruption or removal of any existing soil or vegetation located on the lands by any means whatsoever, save and except from natural causes. 5. All applications to the Township by the Owners for a building permit or any other permit as may be required to perform work on the land shall be accompanied by a written confirmation from the Ministry of Natural Resources and the Bruce-Grey Health Unit, that the application is in conformity with the Schedule "B" and the terms of this agreement. 6. The Owners agree not to call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity or before any administrative tribunal, the right of the Township to enter into this agreement and the right to enforce each and every term, condition and covenant herein contained, and this agreement may be pleaded as an estoppel against the Owner in any case. 7. The execution of this agreement by the Township shall not be deemed to give any assurance that a building permit, when applied for, shall be issued. The Owners hereby waive any right to obtain a building permit on the said lands until the Owners have complied with each and every term and condition of this agreement to the satisfaction of the Township. 8. It is expressly understood and agreed that the remedies of the Township under this agreement are cumulative and the exercise by the Township of any right or remedy for the default or breach of any terms, condition, covenant or agreement herein contained, shall not be deemed to be a waiver of or alter, affect or prejudice any other right or remedy or other rights or remedies to which the Township may be lawfully entitled for the same default or breach; and any waiver by the Township of the strict observance, performance or compliance by the Owners with any term, condition, covenant or agreement herein contained, or any indulgence granted by the Township to the Owners, shall not be deemed to be a waiver of any other subsequent default or breach by the Owners or to entitle the Owners to any similar indulgence heretofore granted. 9. The Owners agree that this agreement may be registered on the title to the lands described in Schedule "A", at the expense of the Owners. 10. IT IS DECLARED AND AGREED that the covenants, conditions and understandings herein contained on the part of the Owners shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF the Owners have hereunto affixed their corporate seal attested to by the hands of their proper officers on that behalf and the Township has affixed its corporate seal attested to by the hands of its Reeve and Clerk. .. ... SIGNED, SEALED AND DELIVERED In the presence of: 'I - 3 - '"... '".. ~ . " - - ", '" "'¿.. .;.~'~ - ~~"-"" -'.,/ ~:;.~~~:.. -~" -. -::- ~ -- ~ '- "'- --'.'" ~~ c.¿ .:;;;, - ... .. '-..- : "::: - ~ 2" '- . -.. ....'-' , ~- _]RøM.##løl 4t~- :r ~" ~~ - -'/~'- .- :.~ :~>,,;,-/ "'-.. '- berk··-''''' --'-. '''-/fvi. vI- Wár'Ct ~ · . ~ ..., SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Township of Bruce, in the County of Bruce and the Province of Ontario, being composed of Part of Lot 47, Lake Range, Township of Bruce and more particularly described as Parts 1 and 2 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Bruce as Plan 3R-5505. ., ';;' ~"..."" ~~ , :".#:. ',,,. ~ (p SCllEDULE "B" ~ ~ 3'.~ . CP~ . ... \ ) '~ ~ w .' ~ ~ " , . .\~. . fill"'" "" ---" I /1- /\ f~:' /~ II co o .\ --; r--- 2 00 ...- """"':1: \ -f:¡ a.... :2.. ,.. ~ :j8~ \ ... "".,.." 1::.....,.. \ § ~; ¡§ ..>>> 1&.2.. 0101- iii ::ð " :),.z: 0...... w..~ . .. o ,... - - . ..J u I : ~ % ~ . "'0 """~~ :"~%;¡,~j}~\~~~~~;.~>; " f I , ."!. ~" "'---;Y7"-<'> , -":",~,-,-, "------"- -~..-'~.....~ ,~"",.,,-~.>--~- '. ,,~-,~" ~------ !:!""'!'!, .. '. J"":.."'\ Ioorog,C81 Subu, lilts. TIí-. are 11111(1 below. &......- the ~_ ........_, 'tor u.. _.,,__ ~'Ionl "'~ ..-- ". -- -~ ---!-:-.. --...... "'- .... -..... , ~ . RlClHJtly ØI~ Area .... _. -M/)qd "CIOdt - Cut G~~ Of Smal, ..:......... ~ OS Wet Ctcfat WOOcla 08 Large ..... '. ~ : ~- . - -".... -- -........- --.... -- -.... . -'"",,- '. Scale: J.::: J 00' .,.. ". ,- .," ,.[i/ .F , ,j~~' i : " Hi/ ,t'! ',', ~, i" , i WAECHTER, MAOWOOD, VAN DE VYVERE & THOMPSON BARRISTERS a SOL.ICITORS WALKERTON, ONTARIO ..J. DONAI.D WAECHTER, Q.C. GEORGE C. MAGWOOD, B.A., 1.1..8. BRIAN ..J. VAN De VYVERE, B.A., L.L..B. C. HEDI.EY THOMPSON, B.A.,I.I..M. NOG 2VO 2tS DURHAM STREET TEI.EPHONE 881-323D AREA CODE sIa 'AX (519) 881-3595 November 28, 1991 Bob War am Clerk-Treasurer Township of Bruce R. R. #3 Tiverton, Ontario NOG 2TO Township of Bruce RECEIVED !,""" ~ ......\ ,.-"\ '") ~ r'\ - , L; ~.....} ',_: j i ,:.'.' Dear Sir: Re: Restar Development Part Lot 47 & 48 Further to your letter of November 22, 1991 I enclose at this time a duplicate registered copy of Instrument 282124 being the development agreement registered on November 27, 1991. A copy of the agreement has been sent directly to Nancy Shoemaker as requested. Please find enclosed our account for the registration costs incurred at the time the document was registered. Yours truly, WAECHTER, MAGOWOD, VAN DE VYVERE & THOMPSON GCM:cg Enclosure George C. Magwood A.A.3, TlVERTON, ONTARIO, CANADA NOG 2TO Telephone 519-36IJ.7066 Black, Shoemaker, Robinson & Donaldson Ltd., September 16, 1991. 351 Speed vale Avenue West, Guelph, Ontario, NlH lC6. llanc=y Sh--ker. Dear Madam: Please be advised that the followinq resolution was passed at Bruce Township's Council meeting on September 10th, 1991. Moved ~ Aa~y McGillivray Seeøndad bY H01lfliird Ribey '!bat Brace 'rovnsbip COuncil agree in principal wi tb tbe proposed ðevelo~at agree_at for Restar Inc. for Part Lot 41, Lake .ange, Brace Townsbip, as presented with George Magwood's letter of August 26th, 1991. CARRIBD. Yours sincerely, ~ Æ¡yuJ. ..¡.~ Bob Varam, Clerk-Treasurer. c.c. Georqe Magwood Klriistry of Natural Resources, John Monk jr .... ... '"(~'.?' 4 . THE CORPORATION OP THE TOVNSHIP OF BaUCR BY-LAW NO. 91-]9 BEING A BY-LAW to authorize the Township of Bruce to enter into a development agreement with Restar Inc.. WHEREAS Restar Inc. has requested the Land Division Committee for the County of Bruce to approve an application to sever the lands pursuant to File No. B-134/91 and B-135/91. AND WHEREAS the lands have Ministry of Natural Resources and Scientific Intereßt (ANSI). been identified by the Ontario as containing an Area of Natural AND WHEREAS the applicñtion to conditions requiring the owners agreement to protect the lands. lands contained sever the to enter into a development AND WHEREAS the parties have agreed on the terms of the development agreement. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. The Corporation of the Township of Bruce enter into a development agreement with Restar Inc. in the form attached as a schedule to this by-law. 2 . That the Reeve authorized to Township and to and Clerk of the Township are execute the agreement on behalf affix the corporate seal as required. hereby of the By-law introduced and read a First time this NINETEENTH day of NOVEMBER, 1991. By-law read a Second time this NINETEENTH day of NOVEMBER, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-]9 this NINETEENTH day of NOVEMBER, 1991. CLERK REEVE SEAL '.. <1,: ? " , H bfa.~ \- A.c~§ee-.('t\~"t" !?BYJLOPHBHT ~GUJU4E!!1 This agreement made this 26th day of August, 1991. B B T W B B HI RBSTAR INC., & company incorporated under the laws of the. Province of Ontario, having its Bead Office in the City of Guelph, in the County of Wellington, Province of Ontario (Hereinafter called the "OWner") OF THE FIRST PART - and - THE CORPORATION OF THB TOWNSHIP OF BRUCE (Hereinafter called the "Township") OF THB SSCOND PART WBBRBAØ the Owners are the registered owners of the lands desoribed in Schedule "A" attached hereto and hereinafter referred to a. the lands. AND WBBRBAS the Land Division Co.mittee for the ~ County of Bruce did approve an application to sever the lands pursuant to File No. 8-134/91 and 8-135/91. AND WHBREAS the lands have been identified by the Ontario Ministry of Natural Resources as containing an area/ of natural and scientific interest (ANSI). AND WBERBAS the application to .ever the lands contained conditions requiring the owners to enter into a ~ development agreement to protect the lands. AND WHSRBAS pursuant to the Planning Act, R.S.O. 1983, Chapter 1, Section 52(2) an agreement may be obtained by a municipality and registered, subject to the provisions of the Registry Act. . AND WHBRBAS the appeal period to the Land Division Committee deoisions has expired and the decisions are now final. NOW THEREFOR! the parties bereto, in oonsideration of the covenants contained herein, covenantt promise and agree with each other as follows: 1. The lands deso~ibed in schedule "AM shall be developed only in accordance with the site plan attached as Schedule "B" and the terms of this agreement. 2. The OWners acknowledge that.-&ll. of the lands described in Schedule ., A If have been ~ntif ied by the Ontario MinistrI of Natural Resources as an area of natural and so~entific nterest (ANSI). 3. No development whatsoever sball ocour on tbe lands described in Schedule "A", other than within that part of the lands shown a8 the dark shaded area on the site plan attached .s Schedule "S" to this agreement. f ,J. /~ rcriAt's ~ rf+ y.'" ..... ...._ . '1_ '. H t '., '....1',,' I I' ,.-1'. ,'"-"'-"&..- ... .t, - 2 - 4. Por the purpo~e.of this agreement, development shall inolude, but not be l~~ted to, the disruption or removal of any existing sailor vegetation located on the lands by any means ~batsoever, save and except from natural causes. 5. . All a~plic.tion. to the Township by the Owners for a build10g perm1t or any other permit as may be required to perform work on the land shall be accompanied by a written confirmation from the Ministry of Natural Resources and the Bruce-Grey Health Unit, that the application is in oonformity with Schedule hB" and the terms of this 8greeøaent. 6. The OWners agree not to oall into question, directly or indireotly, in any proceedings whatsoe~er, in law or in equity or before any administrative tribunal, the right of tbe Township to enter into this agreement and the right to enforce each and every term, condition and covenant herein contain.d, and this agreement may be pleaded as an estoppel against the Owner in any case. 7. The exeoution of this agreement by the Township sball not be deemed to give any assurance that a building permit, when applied for, shall be issued. The Owners hereby waive any right to obtain a building permit on the said lands until the OWners have oomplied with each and every,term and condition of this aqreement to the satisfaction of tbe To.n.hip. 8. It is expressly understood and agreed that the remedies of the Township under this agreement are oumulati~e and the exercise by the Township of any riqht or remedy for tha default or breach of any tera, condition, covenant or agreement herein oontained, shall not be deemed to be a wai~er of or alter, affect or prejudice any other right or remedy or other rights or remedies to which the Township may be lawfully entitled for the same default or broAch; and any waiver by the Township of the striot observance, performance or compliance by the OWners with any term, condition, covenant or aqreement herein oontained, or any indulgenoe granted by the Township to the Owners, shall not be deemed to be a waiver of ani other 8ubsequent default or breaoh by the OWners or to ent tle the owners to any similar indulgence heretofore granted. 7. The Owners Agree that this agreement may be registered on the title to the lands described in schedule usn, at the expense of the awners. 8. IT IS DECLARED AND AGRBED that the covenants, conditions and understanding8 herein contained on the part of the Owners shall run with tbe land and shall enure to the benefit of and be binding upon the parties hereto and their respeative heirs, executors, administrators and assigns. IN WITHBSS WSERBOF tbe owners have hereunto affixed their corporate seal attested to by the hands of their I .__.... _. _... u-'·.....J WI "-·,...'I"~.·"'" II 'I. II w".¡t;, 'U, - 3 - proper officers on that behalf and the Township has affixed its corporate seal attested to by the hands of its Reeve and Clerk. SIGNED, SEALED AND DELIVERED In the presence of: ) ) RBSTAR IRC. . ) ) )Per: ) ) )per: ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF BRUCE ) ) ) ) Reeve ) ) ) ) Clerk ) " II -9.~ WED 14:44 TeA? SCHEDULE -A"· . . AI J.. AND SINGULAR tbat certain parcel or tract of lend and premises, situate, l)'il"g nnd being in the Township of Bruce, In the. County of Bruce and the Province of Ontario, being composed of Parc of Lot 47. Lake Range, Township of Bruce and more partlcu'''rly described as Pan. 1 and 2 on a Reference Ptan de.pOAlted in the LAnd Reai.try Office for the Registry Division of Bruce as Plan 3R- b 5(:) S " '" t "J, WAECHTER ,1' '1 WED 1414,S TeA? 656 PØ9 " ",' ~ P..ø~, ..'; SCRJDULE DB" ", ", ~'-~'>\I . " / , .''.~~ "\ i: \ I~f Ç-t-SBJ \ '== t: :S~ \ ~ ~ ! ~g )0.. a!1 W:þoo =:¡ " . ... g - Ù) Q , ! ~ t.. ~ ~ '~'"- ,.~ ) -,.. ~. . .~. "\. . ~\, . ... '\ LÅKIa · "0 :\" ' , . ttu~ ~.þ\~ .! ~ , " .\, " , ~ 'dT \ \ i · '.. Scale: 1· = 1001 ., . Ltgel1C" . . 1'Õa~ IOOfOtI,II ..... Th... lit It!!, .._. Co""'" &lit .....".... ~Jot Iht "'.~ d.w.", "':,I' 01 \MIl area.. ., 1MIat.... ...... ~ If'" o.toltpllol\ It .. .,- 0& OS 01 aT II ... ftItInIIy 0It1\M4 Ant R...... Woodl c.. Gru. .rM .....WIMIC lø" W.. c.4W_ UrJ· "'" .......,........ 11M Duhtt Op'" IInd Duft'! ,. , ~ - .' - . ..