BYLAW - Agreement With J. Knowles, W.J. Cocker - 19790205 - 224479/0 )
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BY-LAW NO. 2244-79
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 JAMES~KNOWLES
and W. JOHN COCKER.
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 an Agreement
between the Town of Aurora and James Knowles,,and
W. John Cocker
2. A copy of the said Agreement is attached hereto.
READ A FIRST AND SECOND TIME THIS 15th DAY OF January 1979
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READ A THIRD TIME AND FINALLY PASSED THIS 5 DAY OF February 1979 •
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MAYOR
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THIS AGREEMENT made in duplicate this day of 1979
BETWEEN:
THE CORPORATION OF THE TOWN OF AURO
(hereinafter called the "Town")
OF TRE FIRST PART
and
JAMES KNOWLES &
W. JOHN COCKER
(hereinafter called the "Owner!') .
OF THE SECOND PART
WHEREAS the Owner has.-requested the Town of Aurora for
a building Permit to construct a Commercial 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
under Section 35 (a) of The Planning Act;
NOW THEREFORE in consideration of the premises, the parties •
hereby mutually covenant and agree as follows:
l. 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 Part Lot 168,
R.P. #246, (known as 125 Yonge Street South.)
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.
3. Prior to the issuance of a Building Permit, the Owner shall
pay the following Fee:
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.
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6.
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The building and structure to be erected upon the
said lands shall be located only in the position shown
on Plan A by John F. Reeves, Architect, dated December
1978, attached as "Schedule A". In accordance with
such Plan, the building is to have a ground floor area
no greater than 3,000 square feet, and is to be constructed
in accordance with A2, A3 and A4 which are attached
hereto as Schedule "B". If the basement is rented for
"future office space", additional parking is to be
provided as per the applicable Town Zoning By-Law.
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 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 Reep 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.
7. 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 with Schedule "C", attached
hereto. Precast concrete curbing shall be installed as
shown on the said schedule, and be a minimum of 6"
in height. w~ere 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 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, and 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.
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) 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 said lands may take place
only if a further agreement is entered into.
13. vlhen 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. \vi th the
execution of this Agreement the Owner agrees to deposit
with the Town an. irrevocable Letter of Credit or Performance
Bond or Bonds in a form acceptable to the Town in the
amount of $10,0CO.OO 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 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. Final decision on the value of the
uncompleted work shall be at the discretion 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 duly attested by their proper officers in that
behalf.
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JAHES KNOWLES &
W. JOHN COCKER
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SCHEDULE "C"
Parking lot construction shall be in accordance with
the following M.T.C. specifications and compaction requirements:
Asphalt:
Granular
Materials:
Earth Fill:
H. T. C. 310 and 1003
M.T.C. 1010 lOa% Standard
Proctor (Max.Dry Density)
95% Standard Proctor (Hax.
Dry Density).
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