BYLAW - Agreement With Aurora Investments - 19770606 - 213977'
THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER #2139-77
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 Aurora Investments
5 Hotspur Road, Toronto, Ontario.
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 Aurora Investments.
2. A copy of the said agreement is attached hereto as Schedule "X".
READ a FIRST time this
91! ...... . . . . . . . . . ....
MAYOR CLERK
READ a SECOND TIME this
READ a. THIRD TIME and FINALLY PASSED THIS ( ti. L;l r' 1977.
MAYOR CLERK
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1977-
and
SCHEDULE "X"
THIS AGREEMENT made in duplicate this
THE CORPORATION OF THE TOWN OF AURORA hereinafter called
AURORA
AURORA INVESTMENTS
5 HOTSPUR ROAD,
TORONTO, ONTARIO.
of the first part
of the second part.
WHEREAS the Owner has requested Aurora for a Building Permit
to construct a Commercial Covered Mall 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, ih the Regional Municipality
of York, being part of Block "A", Registered Plan #1500 and being more
particularly described in Schedule "B" attached hereto.
2. The
sections of
Owner shall use the lands only in compliance with the applicable
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 of any
area larger than 69,000sq. ft. of basement and 69,000
sq. ft. of first fleor area as shown on Schedule "A"
attached hereto.
(ii) Areas shown as Landscaping, Berming, Sodding & Bufferstrip,
on Schedule "A" shall! be used for no other purpose.
(Hi) All landscaping and planting shall be maintained in a
healthy state.
(iv) "Town Services Fee" for the site shall be $21,360.00 based
on $4,450.00 per acre for Commercial Property, normal use
at 1500 gallons of Sanitary Sewage per acre per day.
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SCHEDULE "X" page 2 cont'd
(v) A "Recreation Development Fee" of $481.00 is to be paid to
the Town, based on $100.00 per acre of Commercial property.
(vi) A contribution of $3,000.00 will be required from the
Owner towards the cost of the installation of Traffic
Lights at the Intersection of Yonge Street and Henderson
Drive.
(vii) A concrete sidewalk to Town specifications shall be installed
by the TOWner, along Henderson Drive, exact location, and
length as shown on Schedule "A".
(viii) All parking spaces and driveways shall be surfaced with
asphalt, in accordance with Town specifications and
attached hereto on Schedule "C".
(ix) All outside lighting erected on the lands or building
shall be installed and maintained and must not cause undue
interference with the other properties and public streets.
(x) All exterior walls shall be constructed of brick or
architectural block, or a combination of both. Steel,
Aluminum, Glass, or Wood may be used in a minor role for
trimming. Construction to be in compliance with the Town
of Aurora Building By-Law and in conjunction with the
Ontario Building Code.
(xi) Continuous Precast Concrete Curbing to be laid as shown
on Schedule "A", minimum 8" high.
(xii) All Tenants must have written permission from the Town of
Aurora prior to occupancy, it being understood the Town
reserves the right to refuse a Tenant occupancy if in the
Town's opinion an excessive amount of water will be required.
(more than 1500 gallons per acre per day).
(xiii) All outside garbage shall be stored in a metal container,
and screened from the street and or adjacent properties.
(xiv) 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.
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SCHEDULE "X" page 3 cont 'd
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 $150,000.00 to guarantee the
completion of the works referred to in Section 2, within 12 months
following occupancy of said building, and in the event t~t 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 coat of completing the work and enter upon the lands and complete
same at the expense of the Owner. 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.
5. The provisions of this agreement shall enure to the benefit of and
be bin.ging 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
proper officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWN
OF AURORA
MAYOR
AURORA INVESTMENTS