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BYLAW - Agreement With Glenrick Holdings Ltd - 19790904 - 229979,.....----------·n~-no~---.-~-~,._,_--~~'-'~"' --~""'--"~-----•"""'"~.~~''~'~"'"n•'-'''-=--="'~~-~--";___-.:..A~---~----····-·-·-· ' '""'''--'-. _( \' j v BY-LAW NO. 2299-79 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 GLENRICK HOLDINGS 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 and directed to execute the Agreement between the Town of Aurora and Glenrick Holdings Limited. 2. A COPY of the Said Agreement is attached hereto. READ A FIRST AND SECOND TIME THIS ~~ay of*-1979. / 4 n 07 ;t;(.. ~/ 'V ~ cLJiy MAYoR·. . ... · .. ~........ c1ilRi< ....... · .. ·y·· ....... . READ A THIRD TIME AND FINALLY PASSED ........ ~ ... 0 ... ?~ MAYOR ..(~ ·ro r·· · · · · · .. .. ~Jt CLERK .... il t: . , j:. 1;: 1:; '! :., I·' i:; ·-: i'i :; I ',i ,• I i:i ;·: !:· :,: i'' ;: 1:' I, i. ,, I• -----------------~-------~··· .r--... ll\~Wn_, THIS AGREEMENT made in quadruplicate this~ of August, 1979 • B E T \o1 E E N: TflE CORPORATION OF THE TOWN OF AURORA (hereinafter called the "Town") OF THE FIRST PART -and GLENRICK HOLDINGS, LIMITED. 54 Drayton Avenue, Toronto, 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; A..1i1D WHEREAS the Tovm has agreed to do so on certain terms and conditions; AND \\THEREAS 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:- J, The lands subject to this Agreement, hereinafter referred to as "The Lands" Sre situate in the Town of Aurora, in the Regional -~~·~."~ , 1 ,·r ,, i·! I' t,; ' r, ,, ,, i;l ,, :·· r-- r.~ I ,, i!r ~ 1:· r·! t' ,, iii II ,, ill h: 1': .:i ,, lij II! Iii ,,, li: !!i ' l'i ~I lij fl !•; lii iii itl l~j r!l ~ II, :I: ~ 1:, ,, ~~ !li 1:· ~~~ [' ,, ,!: I!: Iii iii j,: II: ji; ,,, 'i ~: r ~~ •I .:j 1:, I!' i!: ' ' !i· ;:' ,, iii iii i,! jt: !I: 4 I ' li II I I f I i li :I II ii ,, i! :! !I " ;: ;i 'i II !I :t II ' !! :i 'I • ~ I ! :I ,, --.:+.Qii~~\;)i;_--:- - 2 - Municipality of York, being Plan 65R2937) Part I attached hereto as Schedule "A". 2. The Owner shall use the lands only in compliance with the applicable provisions of the Town 1 s Zoning By-latvs in force from time to time as they affect the said lands.: 3. Upon application for a Building Permit, the Owner will pay the following fee: 1. 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. The Building and structure to be erected upon the said lands shall be located only in the position shom1 on the Plan 78176-D-1 dated July, 1979 by D.G. Biddle & Associates Ltd., Consulting Engineers. In accordance with such Plan, the building is to have an area approximately 23,000 square feet on the ground floor and is to be constructed in accordance with the drawing.' 78176-D-1 and drawing 78176-4 dated August, 1979 by D.G. Biddle & Associates Ltd., Consulting Engineers, showing elevations and location, and attached hereto as Schedule "B". s. All construction shall comply with Town Building By-Laws and the Ontario Building Code. 6. The Owner will construct and install all wall's, 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 the landscaping and sodding above referred to in good condition and will promptly replace any grass, trees or shrubs which die. The Owner ~vill further· provide for removal of snow from all access ramps, .. ,n .. ···' \' " .. · ~ ':.., "'-, \..._,_,..,...~ ' ' I I :!! i:: ' i!: fi' r·: i ~ I' ' ,, ~ ,, ,-: ::r !·I i: i; !:, !l :.: :': ::! ;:: ;;! ~ ' : ,,: ___._~jf.~ ·;j;_ /..,... -3- 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 walk~vays. In the event that the Owner fails to carry out any of the duties required by this paragraph, the Tmvn 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 plams Schedule "B". The specifications for such facilities shall be in accordance with Schedule "C". Precast concrete curbing sha).l be installed a.s 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. l . I 8. All out~ide lighting must be installed and maintained in good condition and must be operated so as not to il1terfere unduly with the enjoyment of abutting properties and streets. All electric (Bell and Television) servi~es for the lands and buildings are to be underground. 9. Provision for storage of garbage must b.:: made inside the building and /)¥/YJ. no outside storage thereof Will be permitted., except as shown on Schedule 11 B", I 0. 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 Tovm~ 11. All drainage. works shall be in accordance with the drainage shotm on Schedule "B". No change in grading, elevation or contour of the lands, or change .in the method of disposal of sto·rm, surface and I \ f, ~ . i i !' i: ;: i:. r i·! r:1 l' M iii 'it ii' ~ !. I•· ,, ]·i ij' ~ I: ::, ' ::; ,:, ' 'I: ' 11 1 i· ,., !,; ' '!I I~ I ii: ~~ n· :·; ' .',\ 1 J j ' I ! 1 j ,, 1 ,.,!;~~<$:wl .. "i -4- waste water from the lands and building shall be made lY'ithout 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 Agre~~ent, 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 wlll complete the installation of all sidewalks, driveways, parking areas, lighting and landscaping called for by this Agreement for the "outside work" within 12 months from the time when the said buildi'ngs are 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 fo~m acceptable to the Town in the amount of $42,000 to cover the cost of construction and maintenance of the outside work, Which Letter of Credit or bond is to remai~ in force until all obligations of the Owner to complete the outside Work are discharged. In the event that th~ outside work is not completed within the said 12-m.onth 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 l'own may reduce the Performance Bond from time to time at .the t:equest 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 belo"' the value of the work yet to be completed. Final ""'"'~ -~·~ ,,,..""., .. , . ...,..,.....,~---•;-·o·· ._ • o·r·..--.-,·•-..---....,...-"~"''"" """!~"'~:@~~-., ... · "1'-"''""''r"_: ·"· '·-~ '1 I ---___ J;~--= -5- ,!1 decision on the value of the uncompleted ~vorlc shall be at the '!I :ii discretion of the_,Engineer of the Town of Aurora. i ' ~ ''I 'I :i I I ' t I I I .n ;;: " 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. THE CORPORATION OF THE TOWN OF AURORA Per: L:01! (} • ,'/4~)'\ MAYOR -f'l~ Per: /}LJ~ CLERK f!i!l GLENRICK HOLDINGS l-1 f.ltl6D "'om" p~~Ud ~ 'if'lfli S'. ·----·---,._,,,.,_,_,. ---.. ·""·····~·-·.------,..,-----.,·-------~-,·-•~•-v!.r~-·''1] I ,, " \I ,. ,, ii ,, ' 'r t!i il 'I 'I' I! :I " 'i I j·: ' i' i'i :r ;·_ -_d]j~_: -6- SCHEDULE "C" ---- Parking lot construction shall be in accordance with the following M.T.C. specifications· and compaction requirements:- Asphalt: M.T.C. 310 and 1003 Granular M.T.C. 1010 100% Standard Haterials: Proctor (Maximum dry dens5.ty) • Earth Fill: 95% Standard Proctor (Maximum dry density)· $1 --~-----.-.,-----,------.--.--•-•·---~--.--·-:--·--·-•·c·------.. _,,., .•. , .••. -~----..,---~~---·~----~-,,_,,~-~--~··-.. ......,.~~--~-~ ------··-----········--·-·· .... ·--~~-~-~----------------··--·---~------------~~----~ \ !. \a ~'<:': HY ~-!-= (~ ~' ·~ :·~-.. :•.·-~·-!Z.:~ . ., ......-... -~--..,....~-----·---- PL/\f,l CF SURVEY OF Pr!~RT OF LOT 77 COnCE:SSJOii I TO\"!N Of l\URORA . 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