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BYLAW - Agreement With Don Greenham and Trust - 19760503 - 207576.-./ ( THE CORPORATION OF THE TOWN :OF AURORA BY-LAW NUMBER 2075-76 A By-Law to authorize the Mayor and Clerk to execute an agreement on behalf of the Town of Aurora between The Corporation of the Town of Aurora and Don Greenham in Trust. The Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: 1. THAT The Mayor and Clerk be and they are hereby authorized on behalf of the Town of Aurora, to execute an Agreement between The Corporation of The Town of Aurora and Don Greenham in Trust. 2. A copy of the said agreement is attached hereto as Schedule "A". READ a FIRST time this , 1976. ~·.o:..~'--~~ MAYOR .~.~ •• ~ CLERK READ a SECOND time this , 1976 ~~.:.~:~.~ MAYOR~ ... ;:?(2{ ..... . CLERK READ a THIRD TIME AND FINALLY PASSED THIS 1976. ~ ... ~~~j •• ~.W MAYOR~~ · .. ;17.//{b.~. CLERK ':'r • ;~ •. • :;:. ··,., SCHEDULE "A" THIS AGREEMENT made in duplicate this 1976. THE CORPORATION OF THE TO\>/N OF AURORA hereinafter called AURORA. of the first part and DON GREENHAN IN TRUST hereinafter called the "Owner" of the second part WHEREAS the ~vner has requested Aurora for a puilding permit to construct a Commercial Building on its lands; AND i'IIIEREAS Aurora has agreed to do so on certain terms and Conditions; AND \·/HEREAS this agreement is entered pursuant to a By-Law enacted under Section 35 a of the Planning Act; NO\v THEREFORE in consideration of the premises, the parties hereby mutually covenant and agree as follows: 1. The lands subject to this Agreement, hereinafter referred to as "the lands" are si tua~~~ ~~ TJJt ~}pra, of York, being part of Lot ~ "B: 2'11'6 F and in the Regional Hunici!Jality being more particularly described in Schedule "B" attached hereto. 2. The Owner shall use the lands only in compliance >lith the applicable sections of To>m of Aurora Zoning By-La\"1 #1863 (as amended) and in compliance with the follmling provisions: ( i) No Building shall be constructed on the lands of any area larger than 14,190 sq. ft. a_s sho>m on Schedule "A" attached hereto. (ii) Area shown as Landscaping on Schedule "A" shall be used (iii) All landscaping and planting shall be maintained in a healthy state. (iv) All parking spaces and drive>~ays shall be surfaced >~ith asphalt, in accordance >~ith Town specifications and attached hereto on Schedule "C". {v) All outside lighting erected on the lands or buildings shall be installed and maintained and must not cause undue interference with other properties and public streets. (vi) All elevations shall consist of either brick, architectural block, or a combination of both; construction to be in compliance with the Tovm of Aurora Building By-Law. (vii) The installation of >~ater and sewer connections, and culverts >~ill be paid for by the Owner. (viii) Eight inch Precast Concrete Curbing to be laid as shown on schedule "A". (ix) All Tenants must have written permission from the Town of Aurora prior to occupancy. (x) Ali outside garbage shall be stored in a metal container and screened from the street and or adjacent properties. (ix) All services including Hydro to be underground. 3-The Owner shall not undertake any work on the lands to interfere with the existing drainage, without prior written approval of Aurora. 4. The Ovmer shall file with Aurora upon the execution of this Agreement an irrevocable letter of Credit or other security satisfactory to the Town of Aurora in the amount of $45,000.00 to guarantee the completion of the ;;orks referred to in Section 2, vli thin 12 months follo>~ing occupancy of said building, and in the event that the O;mer occupies the proposed building and said 1>1orks are not completed 1>1ithin time, Aurora may •") ·-. dra\>1 upon the Letter of Credit or other security for the cost of completing the 1>/0rk and enter upon the lands and complete same at the expense of the Ovmer. In the event that the Letter of Credit or other secur.ity is not sufficient for such expenses, Aurora may recover the deficit by action against the Owner or in like manner as Hunicipal Taxes o>~ing upon the lands. /' :--! -~ . :.·.-, '~, -- 5· The provisions of this agreement shall enure to the benefit of and be binding upon the. parties of their respective successors and assigns. IN ~IITNESS WHEREOF, the Owner has hereunto set his hand and seal, and Aurora has hereunto affixed its Corporate Seal duly attested by .its proper Officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of THE CORPOR\TION OF THE TOWN OF AURORA I J MAYOR i ,, , SCHED1JL!~ ~itne%littb tl"t in oon,idecatinn of thn .,sumption of an existinJ: fi)st mortgage,. and an existing second mortgage, and other good' and valuable consideration and the sum of ONE --------------- --------------------------------------------------------------~~ Registered Plan No. 246··for the said Town of Aurora. ·i 1. '· ii ·!i ,, ,, ;; .. ,, lj li ., II II i' ·I ,, ,, r ,I ,. ,, I' ,I " ll SCHEDULE "C" Parking Lot construction shall be in accordance '<ith the fo.llm•ing H.T.C. specifications and compaction requirements: GRANULAR MATERIALS: M.T.C. 1010 lOCYJ{ Standard Proctor (Max. Dry Density) EARTH FILL: 95% Standard Proctor (Max. Dry Density)