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BYLAW - Agreement With Eugene Construction - 19760114 - 208976---------·-----·---·-·--*"-"'•·:--~----·---·------.. ··~-----------·-· BY LAW# 2089 OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA 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 EUGENE CONSTRUCTION. 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 behaif of the Town of Aurora, to execute an Agreement between the Corporation of the Town of Aurora and Eugene Construction. 2. A copy of the said Agreement is attached hereto as Schedule "A". READ a FIRST time this :i-~~~~A ~ .. u MAYO;•y;:-.0 UT CLERK READ a SECOND TIME THIS J 1../ 711 day of j v .v G , 1976 ~~-~~~U .... ~ ........... . f. J.w,; READ a THIRD TIME AND FINALLY PASSED THIS lt./1J.i day of, 1976 ~+\i1J ····~···· .J .. MEMO TO: FROM: Re: Mr. Roy Harrington Building Inspector. William G. Walker Town Superintendent Mel Dancey proposal Yonge St. N. June 8th, 1976. The Owner must agree with the following pri~r to the issuance of a Building Permit: l. 2. 4. 6. That the Owners will utilize creosoted wood ties to serve as curb, and low retaining walls along the perimeter of the parking lot and driveway. That parking lot and driveway shall have a base of 611 of granular "A" and 3" of hot mix asphalt (M.T.C. specifications shall apply -M.T.C. Forms 310, 1003, 1010). That sanitary, storm and water services are to be installed subject to the approval of the Town of Aurora -Works Department. That the new sidewalk shall be 6" in depth and all work will be doneHn accordance with M.T.C. specifications Forms 4o8 and 904 (3,000 psi concrete) and finally; That Bell, Hydro and Cable Television installations meet·\wi th the approval of the Town of Aurora. The Owner will erect a fence suitable to the Owners of 72 Yonge St. N. Aurora. (Nora Hillary) William G. Walker Town Superintendent MEMO TO: FROM: Mr. Roy Harrington Building Inspector. William G. Walker Town Superintendent Mel Dancey proposal Yonge St. N. June 8th, 1976. The Owner must agree with the following pri9r to the issuance of a Building Permit: l. 2. 4. 6. That the Owners will utilize creosoted wood ties to serve as curb, and low retaining walls along the perimeter of the parking lot and driveway. That parking lot and driveway shall have a base of 6" of granular "A" and 3" of hot mix asphalt (M.T.C. specifications shall apply -M.T.C. Forms 310, 1003, 1010). That sanitary, storm and water services are to be installed subject to the approval of the Town of Aurora -Works Department. That the new sidewalk shall be 6" in depth and all work will be donedn accordance with M.T.C. specifications Forms 408 and 904 (3,000 psi concrete) and finally; That Bell, Hydro and Cable Television installations meet' .. with the approval of the Town of Aurora. The Owner will erect a fence suitable to the Owners of 72 Yonge St. N. Aurora. (Nora Hillary) William G. Walker Town Superintendent SCHEDULE "A" THIS AGREEMENT made in duplicate this 19?6. THE CORPORATION OF THE TOWN OF AURORA hereinafter called AURORA of the first part -and- EUGENE CONSTRUCTION hereinafter called the "Owner" of the second part WHEREAS the Owner has requested Aurora for a building permit to construct an 18 suite, 3 storey apartment building on its lands; AND WHEREAS Aurora has agreed to do so on certain terms and conditions; AND WHEREAS this agreement is entered pursuant to a By-Law enacted under Section 35a of the Planning Act; NOW 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 situate in the Town of Aurora, in the Regional Municipality of York, being Lot 11, R.P. 246 and being more particularly described in Schedule "B" attached hereto. 2. The Owner shall use the lands only in compliance with the applicable sections of Town of Aurora Zoning By-Law #1863 (as amended) and in compliance with the following provisions: (i) No Building shall be constructed on the lands larger than 3 stories containing 18 suites, as shown on Schedule "A" attached hereto. lj b II II ,, II I I I I II II I. II !! II r il t (ii) Area shown as Landscaping on Schedule "A" shall be used for no other purpose except for landscaping. (iii) All landscaping and planting shall be maintained in a healthy state. (iv) All parking spaces and driveways shall be surfaced with asphalt, in accordance with 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 Town of Aurora Building By-Law. (vii) The installation of water and sewer connections, will be paid for by the Owner. (viii) Eight inch Precast Concrete Curbing to be laid as shown on schedule "A", or railway ties may be substituted. {ix) The Owner agrees to the Services Development Levy of $875.00 per dwelling with (bachelor or 1 bedroom) and $1185.00 per dwelling unit {2 Bedroom or more). The Owner shall not undertake any work on the lands to interfere with the existing drainage, without prior written approval of Aurora. 4. The Owner 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 $25,000.00 to guarantee the completion of the works referred to in Section 2, within 12 months following occupancy of said building, and in the event that the Owner occupies the proposed building and said works are not completed within time, Aurora may draw upon the Letter of Credit or other security for the cost of completing the work and enter upon the lands and complete same at the expense of the Owner. i i r II 1:. r! •,' r· r i' •r !' i:: ! j! . #.. II J. 4. cont'd In the event that the Letter of Credit or other security is not sufficient for such expenses, Aurora may recover the deficit by action against the Owner or in like manner as Municipal Taxes owing upon the lands. The provisions of this agreement shall enure to the benefit of and be binding upon the parties of their respective successors and assigns. IN WITNESS WHEREOF, the Owner has hereunto set his hand and seal, and Aurora has hereunto affixed its Corporate Seal duly attested by its p~oper Officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF AURORA MAYOR ' ' ' • ' 7,2 Yo!J(J,e Si. N. !IWI..oM,LlfY 1N8 lvov. cf/74. · /ik. K. fi. '1'\odg,=, Clv;P., loUJL ol JilfWM, 27 Yot'-ffe J i. :S. Awzo/'..a, On:!::. De£1/1. SJ.A: 'Re: 82 IJofll}e Sl:J~.£d Noldlt, flwwM. !J am i.n /l..eceLpf. o / a le;ti;= WJ1J.Zten btJ fi)/1... f!a/1../l.!f ~nd, on belw.lf. of. /!i/1... /!i. Felch.e~t, ounM and develop= a::t 82 Yon.,.?-e St.. N. drded Novemb= 6i:A, i974-and i:Ae pMpeM:y tdu.ch. 1/., i:Ae £Jub.jed of. J~.£-r;oniniJ By-Law 202]-74-. /ik. 'Ra;pnot'.d £Jir:de4 i.n hM le;ti;eAc, :1:/u:d:. ilk. Felch.= w.U.1 "=ed a z,.i.x (Dot. ;fence bdween :tAe /I..<Mped}_ve piiaprvdi..<M ai no coz,i :to ~IJ)u". !Jn coM.uleJifl:tWn of. i:AM £J:&demen:!:: by ITI/I...Feloien' £J flg.en:/::1 !J am un.coru:I.J..;twnaJl.y ~ my ob.jec:w.m. ;/;o 8!1-Law 202]-?4-, w!U.ch. ~JJM w;U;Lten on NovembeAc 1 z,;t 1974 and Wed wi-tA uou on 1 a NovenzbM lti:A, 1974-. !/oll./IA ~., .5;_:-~ k(/1a_ fhtlvv'l [. No;~.a flU.l.a/U; -----,---- ; . ! \ I I ' . I \.