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BYLAW - Agreement With Resthaven - 19800520 - 234180' '. " -~ t I ,, .><> .. 0 BY LAW NO. 2341-80 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 AURORA RESTHAVEN EXTENDED CARE AND CONVALESCENT CENTRE, AND CEBY MANAGEMENT LTD. 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 Aurora Resthaven Extended Care and Convalescent centre, and Ceby Management Ltd. 2. A copy of the said Agreement is attached hereto. READ A FRIST AND SECOND TIME THIS J# day r:;:o<...___/ I! 0.? .... (.~ ... : .. ~-..... . Mayor READ A THIRD TIME AND FINALLY PASSED THIS d( c) day of 1 1980. // 0 7} .... -~· ... : .. ~ ..... Mayor ,1980. 'TI!IS l'GREEMENT made in quadruplicate this2day of~, 1980. BETWEEN: THE OORPORATICN OF THE 'lDWN OF AURJRA (hereinafter called the "Town") OF 'illE FIRST PART -and- AURORA RESTHA VEN EXTENDED CARE /WD CCNVALESCENI' CENTRE, "and CEBY MANAGEMENT LIMITED, 32 Mill Street, Aurora, Ontario. (hereinafter called the "Owner") OF 'IHE SECOND PART WHEREAS the Owner has requested the Town of Aurora for a Building Permit to construct an Institutional Building on its lams hereinafter described; AND WHEREAS the Town has agreed to do so on certain teJ:llls am conditions; AND IVHEREAS the said lams are subject to a By-Law enacted under . section 35 (a) of the Planning Act; NON TilEREFORE in consideration of the premises, the parties hereby mutually covenant and agree as follows:- 1. '.rhe lams subject to this. Agreement, hereinafter referred to as "The Lands" are situate in the Town of Am:·ora, in the Regional I I ;.·. l0 h l . I i. I 2. 3. 4. ' ' -2- Municipality of York, being Part of Lot 1, R.P. *30, attached hereto as Schedule "A". 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. Upon application for a Building Permit, the Owner will pay the followin:.:~ 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 third storey addition to be erected upon the said lands shall be located only in the position shown on the Plan 7931 dated December 31st, 1979 by smith & Milne Architects. In accordance with such Plan, the addition is to have an area of approximately 10,500 square feet. 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, trees, shrubs, ground cover 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 will further provide for removal of snow from all access ramps, (1 k ' ' -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 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 "B". The specifications for such facilities shall be in accordance with Schedule "C". Precast concrete curbing shall be installed 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" above grade, creosoted wood ties on railway ties may be substituted. 8. All outside lighting must be installed and maintained in good 9. 10. ll. condition and must be operated so as not to interfere unduly with the enjoyment of abutting properties and streets. All electric (Bell and ~levision) services for the lands and buildings are to be underground. Predsioo fDF storaEJe of Ejocloage -io J;JQ 11\aQQ ill.\il i ~ tl:le bui J ding It is understood and agreed that no one may occuw or use any part of the said addition until a Certificate of Oompliance (occupancy permit) is issued by the Town. 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 !I ' ' ' -4- waste water from the lands and building shall be made without the prior written agreement of the Town. 12. If the construction of the addition 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 addition 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 for the "outside work" 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 deposit with the Tbwn an irrevocable Letter of Credit or Performance Bond or Bonds in form acceptable to the Town in the amount of $16,000 to cover the cost of construction and maintenance of the outside work, mich 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 Tbwn 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 fran 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 ··' . ' . ' ' -5- 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 am be binding upon the parties, am their respective successors am assigns. IN WITNESS WHEREOF the parties have affixed their corporate seal duly attested by their proper officers in that behalf. A!J-~·········· ;;~~··q":cti{RRiN.GT~~~:~G AFFIDAVITS . A COMMISSIONER FOR AURORA, JUDICIA~ FOR THE TOWN OF MY coMMiSSION DISTRICT OCF E~~~~· 21, 1980 EXPIRES DE - THE ffiRPORATICN OF THE 'IDWN OF AUroRA MAYOR AURORA RESTHAVEN EXTENDED CARE AND CONVALESCENT CENTRE, am CEBY MANAGEMENT LIMITED Per: ?.>-;. --.e?~ ~ --~------------~~-------.~~~ ' . ' . . I ~~~~ f:· .. ·. I !:,· \ f <~ -.-' . -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 Materials: Proctor (Maximum dry density) Earth Fill: 95% Standard Proctor (Maximum dry density)