BYLAW - Agreement With Clever Investments LTd. - 19791015 - 231379BY-LAW 2313-79
OF THE MUNICIPAL CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN
AGREEMENT ON BEHALF OF THE TOWN OF AURORA
and:
Clever Investments Limited
(Canadian Flour Mill) and
Hubertus M. Donkers
Teresa Donkers.
The Council of the Corporation of the Town of Aurora enacts as
follows:
l. THAT the Mayor and Clerk be and they are hereby authorized
and directed to execute the Agreements between the Town of
Aurora and Clever Investments Limited and Hubertus and
Teresa Donkers; and
2. THIS By-law shall become effective on the final passing thereof.
READ A FIRST AND SECOND TIME .THIS jtJ' day of ~' 1979.
READ A THIRD TIME AND FINALLY PASSED THIS /.;5 day of Uct-d.. 1979.
/
F 'i ,r,
II! il
Ill
1'1 !I
l1
1'1
1
1
1
ill
!I· ''I 1,,
Ill li
\I: r
I ,,
~~;•
T I
I
!11
Ill
'I' L; ,,
'ii
ij,
i:i
:H
i:l
l.j
l!!
. '
{l
. I[
,_lj.
I
I
I
I
II
I
I ;,
il
I
I
II I,
1:
il ii
i!
Jl
II
" ii
ii ;:
li
li
'I I " !!
" I'
!I
!I I:
il
ii
II !:
THIS AGREEMENT made in quadruplicate this5~ay of g.J: 197g,
B E T W E E N:
,,
;:
;: ,,
I
' il
I'
I!
<I
I'
1!
'I
II
II j,
I' I'
il
THE CORPORATION OF THE TOWN OF
i' ,!
AURORA li ,.
(hereinafter called the "Town")
OF THE FIRST PART
-and -
HUBERTUS M. DONKERS
TERESA DONKERS
136 Wellington Street, East,
Aurora, Ontario.
(hereinafter called the "Owner")
OF THE SECOND PART
WHEREAS the Owner has requested the Town of Aurora 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:-
li II
II
li
'I I,
I!
II
I'
I j,
li
II
f:
j!
·' I
,I
,!
II
I
II
!I
li
ll
ii
i!
i:
" I;
il
I!
ii
!i
I; I!
I'
I' ii
Ji
II 'I \,
'I I
I! ,.
!!
il !<
II
jl
,I
li
ll
"The II 1. The lands subject to this Agreement, hereinafter referred to as
Lands" are situate in the Town of Aurora, in the Regional
n
II ,,
I
i II I!
1:
'
I'
I
"
I
I
I
I
I
I.
I'
Jl
II
li
'I
!I
q !I
I ! :t
ll
II
ii
II
I'
I
!
II
2.
3.
4.
5.
6.
- 2 -
Iii
i
'I I·
Municipality of York, being Lots 1, 2, 3, R.P. #107
I' !I
I' attached hereto 1!
il ,,
'I
J,
as Schedule "A".
II
. il
The Owner shall use the lands only in compliance with the appl1cable I/
provisions of the Town's Zoning By-laws in force from time to time asll
I! they affect the said lands. n
'I
li
Ill If Stage II is not commenced within two years, a closed board fence ,,
I'
or wall not less than 6 feet and not more than 8 feet high is to be
erected along the north and west boundary of said property.
Upon application for a Building Permit, the Owner will pay the
following fee:
1. Site Plan Agreement Fee of $100.00.
II,
li
II
1:
'I 'I :,
I!
I' li
i'
il
!I
I.
'I
ll
II
In addition to the above fee, the Owner will pay normal fees fo~i
i!
II the issuance of a Building Permit upon the application for such i'
permit. I!
I' :1
'I The proposed bui 1 ding shall contain approximately 9,000 square feet !1
on one floor, for Phase I and Phase II , and 1 ocated as per Drawing #jl
by Ronald Parsons, Associates of Canadian Industrial Designers, date i
I ,,
January lOth, 1979, and shall be constructed according to Drawings #li '
and #3 "Elevations", by Ronald Parsons, Association of Canadian
Industrial Designers, dated January lOth, 1979, which are attached
hereto as Schedule "B''.
All construction shall comply with 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 shown on the plan
attached as Schedule "B", and shall use the areas shown on the said
Plan as landscaped, for no other purpose. The Owner will maintain
i· I'
I ,,
I;
I ~
I'
il ,,
I' !i
I
I ' ,,
I
!'
I
H ·'
) )
I
II II
I
II
!j
!
I
II
' '
f\
(
. I . I
i
7.
8.
9.
10.
11.
I I
'I
i!
·I i
-3-I
the landscaping and sodding above referred to in good condition and
i
d will promptly replace any grass, trees or shrubs which die. The
Owner will further provide for removal of snow from all access ramps,li
I' driveways, parking areas and wa 1 kways as the same is necessitated by 1!
I 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
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
I
I'
·I Vehicular parking areas, loading areas and access driveways shall be ~~
located as shown on the plans Schedule "B". The specifications for II
such facilities shall be in accordance with Schedule "C". Precast
concrete curbing shall be installed as shown on the said schedule,
,,
II
!I il
I'
and be a minimum of 6" in height. Where continuous poured concrete !I
li
curbing is used, it must project at 1 east 6" above grade.
All outside lighting must be installed and maintained in good
!
I
II
'i
condition and must be operated so as not to interfere unduly with the.! !i
enjoyment of abutting properties and streets. All electric (Bell
Television) services for the lands and buildings are to be
underground.
No outside storage of any material will be permitted unless shown,
and screened, and detailed on Schedule "B".
It is understood and agreed that no one may occupy or use any part
the said building until a Certificate of Compliance (occupancy
permit) is issued by the Town.
and 1
1'i
.I
'I
1: ,,
I'
1
:
,I
I ,,
I' i ~
;:
l ~
' .,
I' li
ofl! ,,
'I I· ·' ii
I' i!
li ·I !· .I
All drainage works shall be in accordance with the drainage shown on
Schedule "B". No change in grading, elevation or contour of the
lands, or change in the method of disposal of storm, surface and
12.
13.
-4-
waste water from the lands and building shall be made without the
prior written agreement of the Town.
I
li
I! " .,
I
I
I
' jl ,I
lt
I
If the construction of the building shown on the said schedule is not!
I'
commenced within 12 months of the date of signing of this Agreement, :I
'I
this Agreement shall 1 apse and thereafter any development of the sa i dl!
II
lands may take place only if a further agreement is entered into. Jl
II ll 'I
When the Owner begins construction of the building as aforesaid, such!i
!I
construction will proceed with all due dispatch, and the Owner will !! II
I' complete the installation of all sidewalks, driveways, parking areas,:!
I' II
1 i ghti ng and 1 andscapi ng ca 11 ed for by this Agreement for the 'I
II
"outside work" within 12 months from the time when the said buildingsll
II
are first used or occupied. With the execution of this Agreement the!!
II
Owner agrees to deposit with the Town an i rrevocab 1 e Letter of Credit II
P d B d . b h T . h 11 or erformance Bon or on s 1 n form accept a 1 e to t e own 1 n t e li
I!
amount of $19,500 to cover the cost of construction and maintenance II
of the outside work, which Letter of Credit or bond is to remain in II " II
force until all obligations of the Owner to complete the outside workli
are discharged. In the event that the outside work is not completed 1:
" within the said 12-month period, then the Town may call upon the saidi:
]·
Letter of Credit or Performance Bond and complete the outside work ii
from the proceeds thereof. Upon the completion of the outside work 1:
II
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 showing the stage of completion of the work, provided
that such reductions do not decrease the said bond or Letter of
j!
li
II
I.
Credit bel01~ the value of the work yet to be completed. Final !!
---_-_ -~.---~-·
>J ·::
0>
-' .1!
""!I
-,111
:I.
:,1
!'j
" ,,
'I
:;
)I
:;
il
I
!
.I
I
II
IJ
I
I I
I
I
II
I
I
I
I
il
II
II
,,
II il
1: ~ I
i! ·I II h
'I
It ,,
ii
li
-5-
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 dul)
attested by their proper officers in that behalf.
THE CORPORATION OF THE TOWN OF AURORA
MAYOR
CLERK
HUBERTUS M. DONKERS
TERESA DONKERS
Per: ---------------
'I' i'' "I I" ·I
i;i
i:i !i;
'I !I
'd
" I'
II
I! ,, .
li
-~---~ .. ~ .. ~.~-'"'~~,~-~-~~~ .. ~~'--· ----·-· ~-----~ ................... _. _____ ···-·-·---··-···-
,I
i
' II li II
I' ,I I d
'I I• II
!I
ii
'I
I ,I
'I I;
II
II ,1d't
-6-
SCHEDULE "C"
Parking lot construction shall be in accordance with the
following M.T.C. specifications and compaction requirements:-
Asphalt:
Granular
Materials:
Earth Fi 11:
M.T.C. 310 and 1003
M.T.C. 1010 100% Standard
Proctor (Maximum dry density)
95% Standard Proctor
(Maximum dry density)
11
l'
i
I
I
li
i
II !i
II
I'
I!
I' .I li
II
li
'I
II I,
1:
II
II
1'1 ,I
ii
'I
II
II
I' II
li
II I,
II
I!
I
1:
'·
i
I