BYLAW - Agreement With Bama Realty - 19790102 - 223279F~l
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BY-LAW NO. 2232-78
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 Barna Realty.
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
the agreement between the Town. of Aurora
and Barna Realty.
A Copy of the said Agreement is attached
hereto.
READ A FIRST AND SECOND TIME THIS /$!1Z.
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MAYOR (j
READ A THIRD TIME AND FINALLY PASSED THIS~ day of ........... 4.0~~--
1978 •
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THIS AGREEMENT made in duplicate this /lf'Lday .of ~. :: r
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19?8.
BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter called the "Town"
OF THE FIRST PARr
·-and -
BAMA REALTY
(hereinafter called the "Owner").
OF. THE SECOND PART,
WHEREAS the Owner has requested the Town for a Building
Permit to construct an Industrial Building on its lands
hereinafter described;
AND WHEREAS 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 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 Plan M-51.
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, and the covenants registered on the lands
herein., and attached· hereto
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3. Prior to Issuance of a Building Permit, .the Owner
4.
will pay the following fees:
(a) Lot Levy fee at a rate of 111,000.00 per
acre, or a total of $730.00
(b) Recreation Development Fee at the rate of
$100.00 per acre, or a total of $73.00.
(c) ·Site Plan Agreement Fee of $100.00.
In addition to the above fees, the Owner will pay normal
fees for the issuance of a Building Permit upon the
application for such permit.
The building and structure to be erected upon the said
lands shall be located only in the positions shown on
Drawing #1, dated November 8th, 1978,,drawn by F. Agostinelli,
Professional Engineer, atta,cl'ied as Schedule "A". In
accordance with such Plan, the building is to have an area
no less than 5,000 square feet on the ground floor, and is
to be constructed in accordance with the drawinga~l::arid -:2
dated November 8th, 1978 drawn by F. Agostinelli, Professional
Engineer attached as Schedule "B".
All construction shall comply with Town Building By-Laws
and the Ontario Building Code.
6. 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 Plart 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 anow from
all access ramps, driveways, parking areas and walkways
as the same is necessitated by climatic conditions.
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6 (cont'd)
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 p,;(r!i8raph, 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.
7. Vehicular parking areas, loading area and access driveways
shall be located as shown on the plans Schedule "A".
·The specifications for such facilities shall be in
accordance with Schedule "C". 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.
8. 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 (Bell and Television) services for
the lands and buildings. are to be underground.
9. Provision for storage of garbage must be made inside the
building and no outside storage thereof will be permitted.
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 signing of this Agreement, this Agreement shall lapse
and thereafter any development of the said lands may take
place only if a further agreement is entered into.
13. When the Owner begins construction of the building as
aforesaid, such construction will proceed with all due
dispatch, and the Owner wili 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
,._ of $18,000.00 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 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.
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SCHEDULE "C" I.
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).
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13. (cont'd)
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
Owner, upon the Owner furnishing an Engineer's Certificate
showning 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
work shall be at the discretion of the Engineer of the
Town of Aurora.
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 d~y attested by their proper officers in that behalf, and
signed this /?~day of~ 1978.
THE CORPORATION OF THE TOWN
OF AURORA. . d cJ7
Per: ~d0.~ d#-
llAMA REALTY
Per: ,e;/:s·~·
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