BYLAW - Agreement With Progressive Packaging Ltd - 19790618 - 228779''•
BY-LAW No. 2287-79
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 Progressive
Packaging 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 Progressive Packaging Limited.
L/ a. A copy of the said Agreement is attached
hereto.
READ A FIRST AND SECOND TIME THIS
......... ~ .. 9.;.~ ..
MAYOR *r
. d o ____ .
""" A TaUID TIME 0 ;;y PAWID THl' /~IJ'Y() r-19'/9 • .......... 4. .... ~.~-· ~~L:A~~-
MAYOR CLERK .,-Ve-fv y
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THIS AGREEMENT made in duplicate th:i.s ,;!. i day of ~ 1979.
BETWEEN:
THE CORPORATION OF THE TOWN OF AURORA
(hereinafter called the "Town")
OF THE FIRST PART
-and-
PROGRESSIVE PACKAGING LIMITED
(hereinafter called the "0wner 11 )
OF THE SECOND PART
WHEREAS the Owner has requested the Town of Auror-a for a
Building Permit to constrUct an Industrial Building on its lands
hereinafter described;
AND WHEREAS the Town has agreed to do oo on certain terms
and conditions;
AND WHEREAS the said landa a1•e 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 corivenant and agree as follows:
1. The lands subject to this Agreement, hereinafter
referred to as "The Lands" axe situate in the Town
of Aur-ora, in the Regional Municipality of York,
being Part of Lot '17, Concession I , formerly
Township of Whitchurch, Plan 65R-2906, attached
hereto as Schedule 11A11 •
2. 1'he Owner shall uSe the lands only in compliance
·with the applicable provisions of the Town' 6
Zoning By-La\1'6 in force from time to time as they
affect the said lands.
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4.
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Upon application for a Building Permit,the Dl.mer
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.
The Building and structure to be erected upon the
said lands shall be located only in the position
shown on the Plan A-1 dated June 6th, 1979, by:.
K. Briestensky, Architect. In accordance with such
Plan, the building is to have an area approximately
21,000 square feet on the ground floor for phase
][, and is to be constructed in accordance with the
drawings A-1, and drawing A-2, dated Juhe 6th, 1979
by K. Briestensky, Atchitect, showing elevations and
attached hereto as Schedule 11 B11 • Drawing L-1.: by
Andres Kalm, landscape Architect, dated June 6th, 1979,
is also attached hereto and f01•ms part of Schedule 11 B11 •
5. All construction shall comply with Town_Building By-Laws
and the Ontario Building Code.
6. The Owner will construct and install all walls, fences,
t~ees, shrubs, groundcover and other landscaping as
shown on the plan attached as Schedule 11 B11
1 and
shall use the areas shown on the said Plan as
landscaped, for no other purpose. The Ot-mer 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.
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6 (cont'd)
The <>wner will further lteep 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.
?~ Vehicular parkirgareas, loading areas and access
driveways shall· be located as shown on the plans
Schedule "B''. The specifications for such facilities
shall be in accordance wi tb Schedule 11 C". Precast
concrete curbing shall be installed as shown on the
said schedule,and be a minimum of 6 11 in height.-
Where continuous poured concrete curbing is used,
it must project at least 6 11 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 (Bell and
Television) services for the l~~ds and buildings are
to be underground.
9. Provision for storage of garbage must be made inside the
building and no outside storage thereof will be-:• permitted
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
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Town. Such certificate not to be unreasonabl5Pf-t/iJ;. [i
withheld. . V; ~~.
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11. 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 wast~ water
frorit the lands and building shall be made without 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 Agreement, 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 will complete the installation
of all sidewalks, driveways~ parking areas. lighting
and landscaping talled for by this Agreement for Phase
I hereinafter called the "outside work 11 within 12
months from the time when the said buildings are first
used or occupied. With the execution of this Agreement
the Owner agrees to despoi t w:i. th the Town an irrevocable
Letter of Credit or Performance Bond or Banda in form
acceptable to the Town in the amount of $50,000.00 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 o~ Performance Bond and complete
the outside work from the proceeds thereof. Upon 'the
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13. (cont'd)
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completion of the outside work to the satisfaction
of the To~n, the Owner shall continue to maintain in
force such Letter of Credit or Performance Bond for such a
reduced amount as to be acceptable to the Town of Aurora,
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 oil the value of r: 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 ~IITNESS WHEREOF the parties have affixed their corporate
seal duly attested by their proper officers in that behalf.
THE CORPORATION OF THE TOWN OF AURORA.
CKAGING LIIUTED.
PER:~~--
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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:
M.T.C. 310 and 1003
M.T.c. 1010 10o% Standard
Proctor (max. dry density)
95% Standard Proctor (max.
dry density) ..
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