BYLAW - Agreement With Signe Nielson - 19781024 - 222178' '
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BY-LAW NO. 2221-78
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 ERIK and
SIGNE NIELSEN.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS
AS FOLLOWS:
1.
2.
THAT the Mayor and Clerk be and they are hereby
authorized and directed to execute an Agreement
between the Town of Aurora and Erik and Signe
Nielsen.
A copy of the said Agreement is attached hereto.
16th DAY OF READ A FI~AND Q~IHE THIS
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MAYOR CLERK
READ A THI~HE ~LY PASSED THIS 24th DAY OF October,
......... ?~ .... -.4.... . ..... ~~~
MAYOR CLERK
1978
1978
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THIS AGREE:HENT made in duplicate this ;:( o+j_ day of {)ct;t;;( ,
1978.
BETVIEEN:
THE CORPOllATION OF THE TO'i/N OF AUROllA
(hereinafter called the "Town)
OF THE FIRST PAJlT
and
ERIK and SIGNE NIELSEN
(hereinafter called the "Owner"),
OF THE SECOND PART
WHEREAS the Owners have requested the Town for a building
Permit to construct an Industrial Commercial Building on their
lands hereinafter described as Schedule "B" attached hereto.
AND 1-iHEREAS the Town has agreed to do so on certain terms
and conditions;
AND lmEREAS the said lands are subject to a By-Law enacted
under Section 35 (a) of The Planning Act;
NOV/ THEREFORE in consideration of the premises, the parties
hereby mutually covenant and agree as foll011s:
1. The lands subject to this Agreement as shown on Schedule
"B" referred to as "The Lands" are situate in the Tmm of
Aurora, in the Regional 11unicipality of York, being Part
Block "A" R.P. f/535, R.S. 201, Parts 3 & 4.
2. The Owner shall use the lands only in compliance with
the applicable provisions of-·{ohe Town's Zoning By-Laws
in force from time to time as they affect the said lands.
3. Upon application for a Building Permit, the ~1ner shall
pay the following Fee:
Site Plan Agreement fee of $100.00
In addition to the above fee, the ~1ner will pay normal
fees for the issuance of a Building Permit upon the
application for such permit.
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5.
6.
The building and structure to be erected upon the
said lands shall be located only in the position shown
on Plan A2 by Jules Pavio, Architect dated September 21st,
1978 and Revised October 4th,l971:$. In accordance with
such Plan, the building is to have an area no greater
than 4-,000 square feet of floor area, and is to be
constructed in accordance with the drawing Al (elevations
and cross-sections) which is attached hereto as Schedule
All construction shall comply with the Town Building
By-Laws and the Ontario Building Code.
The Owner will construct and install all walls, fences,
trees, shrubs, groundcover and other landscaping as sho>m
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 11hich 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 O,mer
will further keep in good condition and repair all of the
said access ramps, driveways, parking areas and VJalla·mys.
In the event that the Owner fails to carry out any of the
duties required by this paragraph, the ToVJn may perform
the same at the expense of the 01mer and add the cost
of such performance to the taxes levied against said lands
pursuant to Section 469 of The Hunicipal Act.
Vehicular parking areas, loading areas and access driveways
shall be located as shown on the plans Schedule "A".
The specifications for such facilities shall be in accordance
VJith Schedule "D". Precast concrete curbing shall be
installed as shoVJn on the said schedule, and be a minimum
of 6" in height. lfuere continuous poured concrete curbing
is used, it mu.s,t project at least 6" above grade.
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8.
9.
10.
11.
12.
13.
All outside lighting must be installed and maintained in
good condition and must be operated so as not to interfere
unduly 11ith the enjoyment of abutting properties and
streets. All electric and utilities services for the
lands and building are to be underground.
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".
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.
All drainage 11orks 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.
If the construction of the building shown on the said
schedule is not commenced within 12 months of the date of
signing of this Agreement, this Agreement shall lapse and
therea:fter any development of said lands may take place
only if a further agreement is entered into.
When the Owner begins construction of the building as
aforesaid, such construction will proceed with all due
dispatch, and the O>mer will complete the installation
of all sidewalks, drive11ays, parking areas, lighting and
landscaping called for by this Agreement (hereinafter
called the "outside work") 11ithin 12 months from the time
when the said building is first used or occupied. With
the execution of this Agreement the 01-mer 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
of $12,000.00 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
12month period, then·the Town may call upon the said Letter
of Credit or Performance Bond and complete the outside work
from the proceeds thereof.
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13. Upon the completion of the outside work to the satisfaction
(cent' d)
14.
of the Tmm, 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 To>m may reduce the
performance bond from time to time at the request of the
Owner, upon the 01mer 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 belo'' the value of the work yet to be completed.
Final decision on the value of the uncompleted work
shall be at the discretion of the Town of Aurora.
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.
Roik ond digo• ~
NIELSEN's y A iVi A HA,___,t;:"_~'-="--"'-'-""'=-==-
SALES & SERVICE
WELLINGTON ST. E. AURO
727·3661
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the
SCHEDULE "D"
Parking lot construction shall be in accordance with
following M.T.C. specifications and compaction requirements:
Asphalt: M.T.C. 310 and 1003
Granular
Materials:
Earth Fill:
M.T.C. 1010 100% Standard
Proctor (Hax.Dry Density)
95% Standard Proctor (Max.
Dry Density).
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