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BYLAW - Ageement With 250213 Holdings Ltd. - 19780905 - 221178I ) BY-LAW NO. 2211-78. 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 CORPORATION OF THE TOWN OF AURORA AND 250213 HOLDINGS LIMITED. 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 and directed to execute the Agreement between the Town of Aurora and 250213 Holdings Limited. 2. A copy of the said Agreement is attached hereto. READ A FIRST AND SECOND TIME THIS Sd. DAY OF~ ' 1978. cg1! ...... ·~ ... : .. ~ ....... . MAYOR READ A THIRD TIME AND FINALLY PASSED THIS #DAY OF~ , 1978. ao1! ....... ,!~ ...... ~ ..... . MAYOR I I -~------· ··-· ' II I I I ·I li II II I' II THIS AGR~ffiNT made in duplicate this day of 1978. BEI'WEEN: Tll]i:_ CORPORATION OF THE TOWN OF AURORA, (hereinafter called the "Town"), OF THE FIRST PART -and - 250213 HOLDINGS LIMITED, (hereinafter called the "Owner"), OF THE SECOND PART, \{[EREAS the Owner has requested the Town -for a Building Permit to construct a Commercial Building on its lands hereinafter described as Schedule "B" attached hereto. AND v~ the Town has agreed to do so on certain terms and conditions; AND WHEREAS the said lands are subject to a By-Law enacted under Section 35 (a) of The Planning Act; NOW THEF~RE in consideration of the premises, the parties hereby mutually covenant and agree as follows: 1. The lands subject to this Agreement as shown on Schedule "B" referred to as "The Lands" are situate in the Town of Aurora, in the Regional Municipality of York, being Pa_rt Lot 6, Part Lots 5 and 7 Plan 68, Registered Survey #65R2092 Par~ 1. 2. The Owner shall use the lands only in compliance with the applicable provisions of the Town's Zoning By-Laws· in· force from time to time as they affect the said lands• Upon application fora Building Permit, the Owner shall pay the following fee: J Site Plan Agreement fee of $100.00 In addition to the above fee, the Owner will pay normal fees for the issuance of a Building Permit upon the application for such permit. 4. The building and structure to be erected upon the said lands shall be located only in the position: . .shown on Plan #1 by Conforzi Keen & Associates, dated August 9th, 1978. In accordance with such Plan, the building is to have an area no greater than,4,100 square feet on the ground floor, and is to be constructed in accordance with the drawing·#l, and elevations and cross-sections attached as per Schedule "C". 5. All construction shall comply with Town Building By-Laws 6. and the Ontario Building Code. The Owner will construct and install all walls, fences, trees, shrubs, groundcover and other landscaping as shown on the plan attached as Schedule "A", and shall use the areas shown on the said Plan as landscaped, for no other purpose. The Owner will maintain the landscaping and sodding above referred to in good condition.•and will promptly replace any grass, trees or shrubs which die. The Owner will further provide for removal of snow from all access ramps, driveways, parking areas and walkways as the same is necessitated by climatic conditions. The Owner will further keep in good condition and repair all of the said access ramps, driveways, parking areas and walkways. In the event that the Owner fails to carry out any of the duties required by this paragraph, the Town may perform the same at the expense of the Owner and add the cost of such performance to the taxes levied against said lands pursuant to Section 469 of The Municipal Act. I I II !I --::-----q---· .. ----.----~-----·,r-------......--------~~~--==--.-·-.. ---=---~, ... ,. ' .I '! I I , 1 .i 7. Vehicular parking areas, loading areas and access driveways 1:1. shall be located as shown on the plans Schedule "A". The specifications for such facilities shall be in accordance with Schedule "D". Precast concrete curbing shall be installed as shown on the said schedule, and be a minimum of 6" in height. Where continuous poured concrete curbing is used, it must project at least 6" above grade. All outside lighting must be installed and maintained in good condition and must be operated so as not to interfere unduly with the enjoyment of abutting properties and streets. All electric and utilities services for the lands and building are to be underground. 9. Provision for storage of garbage must be made inside the building and no outside storage thereof will be permitted, unless shown, and screened, as detailed on Schedule "A". 10. It is understood and agreed that no one may occupy or use any part of the said building until a Certificate of Compliance (occupancy permit) is issued by the Town. 11. All drainage works shall be in accordance with the drainage as shown on Schedule "A". No change in grading, elevation or contour of the lands, or change in the method of disposal of storm, surface and waste water from the lands and building shall be made without the prior written agreement of the Town. ,, 12. If the construction of the building shown on the said schedule is not commenced within 12 months of the date of of signing of this Agreement, this Agreement shall lapse and thereafter any development of said lands may take place only if a further agreement is entered into. I I I j, ·' ' --r:·-, ·----·-n ' ii ·--' ' t c --~---~-'·-'--•-~.,....,:._~ .••• ~-~~....,,,,_,_=»._...,_._,""""'~• ,,...,,_.,,...,.,..,=•mT~-·.~c,,.o~·~. ~--~·-~-~-~··-"~••·-------'"·-•- 1 13. When the Owner begins construction of the building as aforesaid, such construction will proceed with all due dispatch, and the Owner will complete the installation of all sidewalks, driveways, parking areas, lighting and landscaping called for by this Agreement (hereinafter called the "outside work") within 12 months from the time when the said building is first used or occupied. With the execution of this Agreement the Owner agrees to deposit with the Town an irrevocable Letter of Credit or Performance Bond or Bonds in form acceptable to the Town in the amount to cover the cost of construction and maintenance of the outside work, which Letter of Credit or bond is to remain in force until all obligations of the Owner to complete the outside work are discharged. In the event that the outside work is not completed within the said 12 month period, then the Town may call upon the said Letter of Credit or Performance Bond and complete the outside work from the proceeds thereof. Upon the completion of the outside work to the satisfaction of the .Town, the Owner shall continue to maintain in force such Letter of Credit or Performance Bond for a further period of 2 years to ensure that the obligations of the Owner to replace landscaping and repair other outside works are carried out. The Town may reduce the performance bond from time to time at the request of the Ow~er, upon the Owner furnishing an Engineer's Certificate showing the stage of completion of the work, provided that such reductions do not decrease the said bond or letter of credit below the value of the work yet to be completed. Final decision on the value of the uncompleted 1'.'· work shall be at the discretion of the Engineer of the Town of Aurora. -·---. -~-- 1 I II II I i I 14. The provisions of this agreement shall enure to the benefit of and be binding upon the parties, and their respective successors and assigns. IN WITNESS WHEREOF the parties have affixed their corporate seal duly attested by their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AURORA per: 250213 HOLDINGS LIMITED per: l. SCHEDULE II D II 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 lOo% Standard Proctor (Max. Dry Density) 95% Standard Proctor (Max. Dry Density).