BYLAW - Agreement with Kiro and Nadezda Pecenkovski - 19790522 - 227879THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER 2278-79
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 KIRO AND
NADEZDA PECENKOVSKI
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 between The
Corporation of the Town of Aurora and Kiro and Nadezda Pecenkovski.
2. A copy of the said agreement is attached hereto as Schedule
"X".
READ A FIRST and SECOND time this ~ ;}___ day of
..... £, .. 0.~ ...
~roR CLERK
READ A THIRD TIME and FINALLY Ill\SSED this ;< ;;z_ day of )J
.... ~.r;rJkm ...
~YOR CLERK
1979 •
1979·
l
J
THIS AGREEMENT made in duplicate this day of
1979.
BET W E E N: THE CORPORATION OF THE TOWN OF AURORA
(hereinafter callea the Town)
OF THE FIRST PART
and
KIRO & NADEZDA PECENKOVSKI
(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:
1.
2.
The lands subject to this Agreement, hereinafter
referred to as "The Lands" are situated in the Town
of Aurora, in the Regional Municipality of York, being
Lots 19 and 20 Plan M-51.
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-
4.
5-
6.
2
Prior to Issuance of a Building Permit, the Owner
wiul pay the following fees:
(a) Lot Levy fee at a rate of $1,000.00 per
acre, or a total of $1,685.00.
' (b)· Recreation Development Fee at the rate
of $100.00 per acre, or a total of $168.00
(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 shal~ be located only in the positions shown on
drawing· #1, by Harold Bloomfield, Architect, dated
March, 1979, attached hereto as Schedule "A". In
·accordance with such __ Plan, the building is to have an
area no less than 12,960 square feet on the ground floor,
and is to be constructed in accordance with Elevation
Drawing #5 by Harold Bloomfield, Architect, dated March,
1979-
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 l~~dscaped, for no other
purpose. The 0.7ler will· maintain the landscaping and
sodding above referred to in good .condition and will
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promptly replac;e any grass, trees or shrubs which die.
The Owner wilJ further p~ovide for removal of snow from
all access ramps, driveways, parking areas and ;.-alk;.·ays
as the same is necessit~ted by climatic conditions. The
Owner will further keep in good condition and repair
-. all of the said access ramps, driveways, parking areas
and "'".1 !<ways.
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6 (cont'd)
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 P~ner and add
the cost of such performance to the taxes levied
against said lands pursuant to Section 469 of the
Hunicipal Act.
7-Vehicular parking area, loading area and access driveways
shall be located 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 6'1
above grade; creosoted wood ties or railway ties may
be substituted.
B. 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 as shown on Schedule "A",
(Inside building). No outside storage thereof will
be permitted.
10. It is understood and agreed that no one may occupy·or
use <any part of the sa'id 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 chapge 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 t~e 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 the said lands may
take place only if a further agreement is e.ntered into.
13. When the Owner begins construction of the building as
aforesaid, such construction will proceed with all due
dispatch, and the Owner will complete the installatiin of
all sidewalkS, driveways, parking areai, 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 $36,000.00 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. 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 perior 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, ..
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5
13 (cont'd)
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
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.
JN WITNESS WHEREOF the parties have affixed their
corporate seal duly attested by their proper Officers in that
behalf and signed this day of 1979.
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THE CORPORATION OF THE TOWN OF AURORA
MAYOR
CLERK
KIRO r'ECGVKo\13K\
.Jl/_ Q --{' L'A..A_ '-< f j f/__.J.. _.;
NADEZDA PECENKOVSKI
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6
SCHEDULE "5"
Parking lot construction shall be in acc~rdance with
the following M.T.C. specifications and compaction requirements:·
Asphalt:
Granular
Materials:
Earth Fill:
}1. T. C. 310 and 1003
M.T.C. 1010 loa% Standard
Proctor (Max. Dry Density)
95% Standard Proctor (Max.
Dry Density). <,
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