BYLAW - Agreement With M. Dancy in Trust - 19770606 - 214077' .
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BY-LAW # 2140-77
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 Mel Dancy 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 Mel Dancy in Trust.
2. A copy of the said Agreement is attached hereto as
Schedule "X".
MAYOR
day of. ~~1977 ... &..d . . ....
CLERK
CLERK
1977
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MAYOR
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SCHEDULE "X"
THIS AGREEMENT made in duplicate this
1977-
THE CORPORATION OF THE TOWN OF AURORA hereinafter
called AURORA
of the first part
and
MEL DANCY IN TRUST
hereinafter called the "Owner"
of the second part
WHEREAS the Owner has requested Aurora for a building permit
to construct a 33 suite apartment building,a maximum of 4 stories on
his 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
containing more than 33 suites, as shown on
Schedule "A" attached hereto.
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( . •')· ' '; u:-'··'·-' 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
(vii)
(viii)
(ix)
block¥ or a combination of bothj construction to be in
compliance with the Town of Aurora Building By-Law and the
Ontario Building Code.
The installation of water and sewer connections, will be
paid for by the Owner.
Eight inch Precasm Concrete Curbing to be laid as shown
on schedule "A", creosoted wood ties or railway ties may
be substituted.
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).
(x) All services (Bell Telephone, Hydro, and Cable T.V.) shall
(xi)
(xii)
(xiii)
(xiv)
be installed underground at the Owner's expense.
Park Dedication Will be $15,1i5.00
Any outside garbage shall be contained in a metal container
and screened.
Screening shall be provided along the southerly property
line as per Zoning By-Law #1863, Section VII, 4 (v).
A "Recreation Development Fee" of $150.00 per unit to
be paid $4,950.00.
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 ot~er security satisfactory
to the Town of Aurora in the amount of $30,000.00 to guarantee the
I 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. In the event that the Letter of Credit
or other securi~ 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 binding upon the parties of their respective successors and
assigns.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and
se~l, and Aurora has hereunto affixed its Corporate Seal duly attested
by its proper Officers ih that behalf.
Signed, Sealed and Delivered THE CORPORATION OF THE TOWN
OF AURORA.
in the presence of
MAYOR
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>SCHEDULE 11 c 11
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 100% Standard Proctor (Max. Dry Density)
95% Standard Proctor (Max. Dry Density)