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
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MAYO;•y;:-.0 UT
CLERK
READ a SECOND TIME THIS J 1../ 711 day of j v .v G , 1976
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f. J.w,; READ a THIRD TIME AND FINALLY PASSED THIS lt./1J.i day of, 1976
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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.
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(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.
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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
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