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BYLAW - Agreement With E. Sheppey - 19770713 - 214777• < THE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER # 2147-77 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 Eric Sheppey, 53 Knowles Cres., Aurora, 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 Eric Sheppey. 2. A copy of the said agreement is attached hereto as Schedule "X". READ a FIRST time this/J'II4fJi, 1977 • .. . . . 9.1! ..... 4.4: ...... . CLERK READ a SECOND TIME this /.JK4i }J, , 1977 • .. . . Q.?: ... :. . ...... 44.: ..... . MAYOR CLERK READ a THIRD TIME AND FINALLY PASSED THis;!fd4'/ ft, ~ .. 911: ... : ..... 5.-4:. ... ~ ... ~/ ... MAYOR CLERK I 'I ii ii ll " 'i ,, II l\ !. ,, and SCHEDULE 11 X11 THIS AGREEMENT made iri duplicate this THE CORPORATION OF THE TOWN OF AURORA hereinafter called AURORA ERIC SHEPPEY 53 KNOWLES CRES. , AURORA, Ontario. of the first part of the second part. WHEREAS the Owner has requested Aurora for a Building Permit to construct an·:\Industrial Building on its lands; AND WHEREAS Aurora has agreed to do so on certain terms and conditione; AND WHEREAS this agreef!lent is entered pursuant to a By-Law enacted tmder Section 35a of the Planning Act; NOW THEREFORE in consideration of the premises, the parties hereby mutually convenant artd agree as follows: 1. The lands subject to th~s Agreement, hereinafter referred to aa "The Lan.ds 11 are situate in the Town of Aurora, in the Regional Municipality of York, being part of Lot 77, Cone. 1 •• E.Y.S. and being more particularly described in Schedule "B1' attached hereto. 2. The Owner shall use the lands only in compliance with the appliCa~le sections of Town of Aurora Zoning By-Law #1863 (as amended) and in compliance with the following provisions: . (i) A building (s) shall be constructed on the lands with a minimum ground floor area of 20,000 sq. ft .. (ii) Areas shown as Landscaping, Berming, Sodding & Bufferstrip, on Schedule uAu shall be used ·for no other purpose. ~-( .I I , I I \ \,_ \ I ;:, ,:, t i" 1:1 1.1 "' j'i :!I •' ]!1 t.; i.,' i ::: .1' il i: tl ., ,, 1: I' ,I tl 'I I, II 'I 'I I, 1\ i' I ~ II II II !I n ,. i\ ii li il 'i I, 'I !i li 'I I, !i II " I• •I I' il ., ' " ' ·I ., li li !I il ir ,, 1\ {! ' ,, II II I, il :; ,, ii SCHEDULE "X" page 2. • • (Hi) All landscaping and pl_anting shall be maintained in a healthy state. (iv) ?recast C.onCrete :Cul'bin(r to be.·1aid as ·shown·.' on Schedule HA 11 ~ -minimum· 811 , high·_ and a:nchOr'ed. Concrete turbing to be a minimum 8" high and poured. (Continuous) (v) All parking spaces and driveways shall be surfaced with asphalt, in accordance with Town specifications and attached hereto on Schedule 11 0 11 • (vi) (vii) (viii) (ix) (x) 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. 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. 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 2000 gallons per acre per day). All outside garbage shall be stOred in a metal container, and screened from the street and or adjacent properties. All services including Hydro to be underground. (xi) All exterior walls to be as shown on Drawing S 746 #5, by Dennis Bowman Architect & Planner, 4-7-77• (xii) The 11 Factory Portion" of the easterly wall approximately 170 feet may be constructed of plain block. 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 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 $33,000.00 to guarantee the completion of the works referred to in Sect~on 2, within 12 months following occupancy of sS.id 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. In the event-:that the Lett_er 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. ! ·' ,, li i· ,. i! " '' :.; !l\ l'i "I Iii !!) i!f iii !!i ·;i l:f~ '!I ;I '''<I !!\ \!1 ·<,_~;.~ [I[ "I !i! i\i il· ~ i ill I ~ I :1 iii " \,; :!i I'' 1[: ,·:i ['I 'I .:j ill )!! .I 1:1 ji_: ' II 1:1 ·:j l!i !!! ''• II! ,,, jl! [I !• iii !II lii HI !!i iii !q In " !:1 !.~ '\' ,, Oi 1·! :}.">•• \I ~ ii! li;i 1: 1•:1 :•: 1;: I'! ,, " r' lli i•:' .Iii !II !,I 'I i'l ,:1 1:, 'i i! :: H! :;; l'i iti ,,, iii !i! ·'II it I ii ,, II II 'I I· I I, II II 'I !I ii I II ll II II \I II 'I [1 ,[ I! II ii I ~I II I II 'I I· I I II [i II I I ;\ II II ,, :t " 'I SCHEDULE 11X11 page 3. 5. The provisions of this agreement shall enure to the benefit or· and be binding upon the parties of their respective successors ~nd . 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 fr01Z- l ' :.I ' ii -!i I' II I II h il II II I I I I I II i I II il !j II fl i\ I' t/ ,, II ii 'I I, . \\ 'I \: :l II II ·I I· ·•' II I· ,, i! II li I. " il li !I II I \ ,, I i h [Ill i )! \ \ \ \ ---··~----- i,' li ;, H i; II \i 'I II I! )j i\ I• I! I' I! !I ., ,, i! SCHEDULE "C" Parking lot construction shall be in accordance with the following M.T.C. specifications and compaction requirements: Asphalt: Granular Materials: Earth Fill: M.T.c. 310 and 1003 M.T.C. 1010 lao% Standard Proctor (Max. Dry Density) 95% Standard Proctor (Max. Dry Density) T1 ;; i! I! ,I II ,, li I' ,. I' I' I