BYLAW - Agreement With Butler & Baird Lumber Ltd. - 19790716 - 227079---·----~··· .. ··:~~~.......;-;·---~~~~~..,;.,~U~=~· ~·-~.·.~-~~.:.......:...---_·: ·-· ·----·---,;_~~-<M ___ : __ _
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THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER 2270 -79
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 RALPH BUTLER
and ISABELL BUTLER c/o BUTLER &
BAIRD LUMBER 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 on
behalf of the Town of Aurora, to execute an Agreement bet_ween The
Corporation of the Town of Aurora and Ralph Butler and Isabell Butler
c/o Butler & Baird Lumber Limited.
2. A copy of •the said agreement is attached haeto as Schedule "X".
READ A FIRST time this 7t/ day of '>J( f
KAY049.~.... mzt-0..tBt?'--... ~/
1979.
READ A SECOND TIME this 1 t/;(· day of 1979.
d' 0.1! MAY~~ ... : .. ~ .....•
READ a THIRD TIME AND FINALLY PASSED THIS~~
/[)0? MAYO~~ .... ~.{~ .....
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THIS AGREEMENT made in duplicate this )~;/.( dayo~ 1979·
BETv/EEN: THE CORPORATION OF THE TO\!N OF AURORA
(hereinafter called the 11Town 11 )
OF '!'HE FIRST PART
and --
RALPH BU'!'I,ER and ISABELL BUTLER
c/o BUTLER & BAIRD LUllBER LIMITED
Box 278, AURORA, ONTARIO,
(hereinafter called the 11 0wneru
OF THE SECOND PART
WHEREAS the Owner has requested the Town of Aurora for a
Building Permit to construct an addition to the existing Industrial
Building on their lands hereinafter described.
AND WHEREAS the Town of Aurora has agreed to do so on certain
terms and conditions;
AND WHEREAS the said lands are subject to a By-Law enacted
tmder Section 35 (a) of the Planning Act;
NO'r/ 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 11 The Landsn are sj:tuate ·in the Town of Aurorat in
the Regional Municipality of York, Registered Survey 65R·-1005,
Part 4, and Registered Survey 69-t Part 2 attached hereto as
Schedule "A 11 •
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.
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Prior to the issuance· of a Building Permit, the Own:e-r shall
pay the following Fee:
Site Plan Agreement Fee of $100.00
In addition to the above fee, the Owner wlll pay nC>rmal
fees for :the issuance of a Building Permit upon the
application for such permit.
The proposed addition shall contain approximately. 3600 sq. ft.
on one floor, located as per Plan 7903-1 by Hartley &
Ferguson Architects, and shall be constructed according to
drawings 7903-2 and 7903-1 by Hartley & Ferguson Architects
which are attached hereto as Schedule "B".
5. All construction shall comply ~ith the Town Building By-Lkws
and the Ontario Building Code.
6. The Owner will construct and install all walls, fEnces,
trees, shrubs, groundcover and other landscapirig 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. .Th~ Owner will maintain the landscaping and
sodding above referred to in good condition and ·w~.ll 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 ~ner and add the cost of such performance to the taxes
levied against said lands pursuant to Section 469 of the
Municipal Act.
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I ?. Vehicular parking areas, loading areas and access drive\trays
shall be located as shown on the plans Schedule "B".
The specifications for such: facilities sha.ll be in accordance
with Schedule 11 C11 , attached hereto. Precase concrete
curbing shall be irlstalled as shown on the said schedule.
and be a minimum of 6" in height. Where continuous poured
concrete curbing is used 1 it must project at least 6"
above grade, creosoted \\fOod ties, or railway ties may be
substituted ..
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 a·cutting properties and streets ..
All electric and utilities -service.s for the lands and
buildings are to be underground.
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9.. Provision for storage of garbage must be made inside_ the
building and no outside storage thereof will be permitted
I unless-.. ;shown, and screened, and detailed on Sch~dule "B" ..
10. !t 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 draine.ge
as show11 on Schedule "B". 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 ~·ritten agreement
' of the Town.
12. If the addition to the building sho-...m on ths said schedule
is not commenced within 12 months of the date of signi~g
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of this Ag~eement, this Agreement shall lapse and thereafter
any development of said lands may take place only if a further
agreement :i.s entered :i.nto.
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14.
When the Owner begins construction on the site as
·aforesaid, such construction will proceed torith all due
dispatch, and the Otrmer will complete the installation of
all .sidewalks, driveways, parking areas, lighting and
landscaping called for by this Agreement (hereinafter called
the "outside work 11 ) within 12 months from the time when
the said building is first used or occupied. With the
eX"ecution of this Agree_ment the Owner agrees to deposit
with the Town an irrevocable Letter of Credit or Performance
Bond or Bonds in the form acceptable to the Town in the
amount of $10,500.00 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 w:ork are discharged. In the
event that the outside work is ·not .. completed within the said
12 month perj.od, Uien the 'rown may call upon the said letter of
Credit or Performance Bond and complete the outside \>lork
fZ.om 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 fu.rther period of 2 years to ensure-
that the. obligations of the Owner to replace landscaping and repair
otheir 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 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.
l!'"'inal decision on the value of the uncompleted wo:rk 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.
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IN · WITNT!:SS WHEREOF the parties have affixed their
coTporato seal duly attested by their proper Officers in that
behalf, and signed this /~l't day of J4. 1979.
Tire CORPORATION OF THE TOWN OF AURORA.
MAYOR
BUTJ,F.R & BAIRD LUMBER ;:.tMITED ·--~··•
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SCHEDULE "C"
Parking lot construction shall be in accOrdance with
the following M.-T.C. specificatj.ons and compaction requi.rements:
Asphalt:
Granular
Materials:
Earth Fill:
M.T.C. 310 and 1003
M.T.C. 1010 100% Standard
Proctor (Max. Dry Density)
95% Standard Proctor (!{ax.
Dry Density).
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