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BYLAW - Authorize Entering into Agreement With Sunnybrook Investments in Regards to Proposed Subdivision - 19580710 - 137158~-~,-~.~·~~-~~~--'--------~~--~---_ ,1·---'-- BY-LAW NUMBER 1371 -r r I ' --~·-' r ·1 I ' I ' ' ,_ '--~._.... of the Municipal Corporation of the Townlof Aurora A BY-LAW TO AUTHORIZE THE ENTERING INTO OF AN AGREEMENT WITH SUNNYBROOK INVESTMENTS LIMITED, THE OWNER OF PART I oF LOT 5 IN THE TOWN OF AURORA WITH REGARDS TO A PROPOSED SUBJDIVISION OF THE SAID PROPERTY, AS DESCRIBED IN THE AGREE1-IENT, ON A SUBio DIVISION PLAN, WHEREAS the Owner of part of Lot 5 in ~e To~m of Aurora has made application to the Council of the Corporation and to the Town of Aurora Planning Board for the ~ubdivision of the said property into lots on a regular subdiyision plan and have agreed to enter into a subdivision agree~ent with the Corporation of the Town of Aurora. l THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATIO OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1-- 1. That the subdivision agreement dated the 9-~ay of;f' 1958, made between Sunnybrook Investments Limited of the City of , ~~ - 1/)'W·lf' Toronto, in the County of York, and the Corporati~n of the Town F 1 of Aurora, which agreement is now before Council, be and the same is hereby approved and that the I-Iayor and Clerk be and they are hereby authorized and directed to execute andlcomplete the same on behalf of the Corporation of the Town of Aurora and to attach the Corporate Seal thereto. READ A FIRST AND SECOND TIME THIS /0 (J Ma r DAYO~ c:2-//#~ READ A THIRD TIME AND FINALLY PASSED THIS/t7 (/ Mayor • 1958. • 1958. ;. 2 ;~ .~ -] I t-·····-··-·-... ·--··- :l '1 f_ ' f l : J 1 DATED July 4th, 1958. AURORA HEIGHTS LIMITED and THE CORPORATION OF THE TOWN OF AURORA AGREEMENT Foreht and Rovazzi, Barristers, e~ •• 1944 Eglinton Ave. W,, Toronto, Ont. • . ·~--n L. .)1 u I THIS AGREEMENT (made in duplicate) this 4th day of July, A. D. 1958, BETWEEN AURORA HEIGHTS LIMITED, I hereinafter called the PARTY OF I THE FIRST PART: and THE CORPORATIO~. OF THE TOWN OF AURO I hereinafter called the PARTY oFITHE SECOND PART: Cecil i .. WHEREAS by a Subdivision Agreement entered into between Foreht of the Township of York:;. in the I County of York, as i Trustee for Aurora Heights, and the Corporat~on of the Town of i Aurora, which agreement is dated the 6th day! of May, 1955, the . i said Cecil Eoreht did, as Trustee, agree to supply certain service I and improve the lands herein mentioned for the purpose of obtainin I a registered plan of subdivision. AND WHEREAS the said Cecil Foreht helr the said lands as Trustee for Aurora Heights Syndicate. AND WHEREAS the said Aurora Heights S~dicate has now I incorporated as a Company under the laws of the Province of Ontari I and is the registered owner of the lands therein mentioned. AND WHEREAS under the terms of the said Subdivision Agreement the said Cecil Foreht as owner didlcouenant and agree I inter-alia under clause ten to deposit with the Town a performance I bond or security which security should be saj;:isfactory to the Town Treasurer and the Town Engineer to ins~ket: the construction and installation of the services and work as set out in Schedule 11 D11 of the said Subdivision Agreement. AND WHEREAS by Agreement dated the 13th day of June, 1958 between Aurora Heights Limited and the Corporation of the Town of i Aurora, the said Aurora Heights Limited did ~ssign all its rights • -2- and interest to the Corporation of the Town of Aurora of a performance bond entered into between George! W:i.mpey and Co. Limite and Aurora Heights Limited. NOW THIS AGREEMENT WITNESSETH that in) consideration of . . . I other valuable consideration and the sum of $1.00 of lawful money I of Canada now paid by each of the parties to! the other, the partie hereby covenant, promise and agree as follow~: . · I 1. That the said bond entered into between George Wimpey & I Co, Limited and the Aurora Heights Limited wpich bond has been ase I signed to the said Corporation of the Town of~ Aurora shall be good and sufficient security to insure the constrhction and of the services and work as set out in schedhle "1" of installatio the Subdivision Agreement entered into between c¢cil Foreht as i .. Trustee and the Corporation of the Town of Aurora which agreement is dated the 6th day of May, 1955. 2. I That the said Aurora Heights Limited shall cause to be paid i to the Corporation of the Town of Aurora on pr before the 18th day of August, 1958, the sum of $7,000.00 by cash or certified cheque payable to the Treasurer of. the Town of Aurora to be used ! by the Corporation of the Town of Aurora to assist in payment of the removal of the overland sewer constructed in accordance with the engineering specifications as i approved by the engineers for the Town of Aurora over a-portion I of that part of Plan 475 indicat as Block "c" on the registered Plan of Subdivision. 3. The Aurora Heights Limited covenants and agrees that it will or or before the 15th day of June, 1959~ let out tenders in I order to insure commencement of the construction of proper road s~e4 to~tsTr,cTi•tl T• ~~~ tU~•rth'llf X7u s;."''iutr,;,s ~.r ... r ;~ s;.1~;*'' c #,&Mill Af"'""~~~""'· surfaces, curbs and siSewalks along Aurora Heights Drive~ and that the performance bond to be obtained from thelcontractor to supply I and install such services shall be assigned ~o the Corporation of I the Town of Aurora and such bond assigned shall be satisfactory security to the Town Treasurer and the Town Engineer to insure ' I \ •..• r'..l -3- the construction of such services. IN WITNESS WHEREOF the Parties hereto have set their i respective corporate seals executed by the ! p,roper officers in their respective behalfs. I AURORA HEIGHTS LIMITED, per: I ~~~ /Secretary ' THE CORPORATION OF THE TOWN OF AURORA, . . I . . per: Clerk