Common use of WARNING CLAUSES Clause in Contracts

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 3 contracts

Sources: Subdivision Agreement, Subdivision Agreement, Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and agrees the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Town mayPurchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at its the sole discretion, enter upon the Lot and correct the grading deficiency absolute and add the cost unfettered discretion of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the location of the rural mail receptabledwelling occupants. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 3 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner purchaser acknowledges receipt of the following Warning Clauses and agrees Notice Provisions: The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. The Purchaser acknowledges that there will be a Subdivision Agreement with the Town may, at its sole discretion, enter upon of Whitchurch-Stouffville which agreement will be registered against the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lotproperty. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.Harvest ST Homes Limited - Sept 2019 Purchaser Initials: Purchaser Initials:

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing there will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance Subdivision Agreement with the Region and Town Development Charge By-laws in effect at the time City of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇▇▇▇ agrees which agreement will be registered against the property. WEB COPY The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Ownertrench. The Owner further agrees Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the Subdivider and the municipality may require the Vendor to provide notice the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to prospective purchasers and/or tenants schools outside of the neighbourhood), noise levels from adjacent roadways, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the rural mail receptable. 7.5 property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Owner acknowledges and hereby Purchaser agrees that an electrical distribution line operating below 50,000 volts might to be located within bound by the contents of the Subdivision Agreement or in any other municipal agreement wherein such warning clauses are more fully set out and the vicinity Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the Lands. Pursuant neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the section entitled “Electrical Hazards” property, and in Part II general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and Section 188 thereunder the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of Ontario Regulation 213/91 (amended receipt by the Purchaser of such notices and/or an amendment to Ontario Regulation 627/05)this Agreement including such warning clauses and all schedules, as amendedplans, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres statements attached to the energized conductor. The Owner agrees that it is agreement and as required by the Ownersubdivision agreement, and the Purchaser’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductorsacknowledgment of receipt of same.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale or lease, which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That The Owner acknowledges and agrees to include the subdivision agreement between the owner following clause in all Agreements of Purchase and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity Sale or Lease for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services.each dwelling unit: 7.3 The Owner acknowledges and hereby agrees to include, in all offers and agreements of purchase and sale agreements, or lease the following clauses: (a) “The purchaser will be responsible for their proportionate share of future maintenance of the Stormwater Management Pond, of which their lands are subject to contribute to, as determined through the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permitOntario Drainage Act, s17, RSO 1990.. (b) “If any change is made The purchaser will be responsible to maintain the grassed boulevard directly in front of and adjacent to their lot where they exist.” (c) “The home/business mail delivery will be from a designated Centralized Mail Box”. (d) The Owner further agrees to officially notify the purchasers of the exact Centralized Mail Box locations prior to the grading closing of the Lot, which any home sales." (e) “The Owner shall agree in the opinion subdivision Agreement that servicing allocation will not be assigned until Plan of the Town Subdivision is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxesregistered on title.” 7.4 The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptable. 7.5 The delivery will be provided via Community Mail Boxes provided the Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within has paid for the Subdivision or in the vicinity activation of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than installation of the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductorsCommunity Mail Boxes.

Appears in 2 contracts

Sources: Subdivision Agreement, Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and ▇▇▇▇▇▇ agrees to provide to include the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, following clauses in all offers Offers and Agreements of purchase Purchase and sale agreements, the following clausesSale or Lease for each dwelling unit: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “Servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner.” (c) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 (d) “The Owner acknowledges purchaser will be responsible to maintain the grassed boulevard directly in front of and adjacent to their lot where they exist.” (e) “Municipal sidewalks are to be installed along the frontage of the property (Lots 1-5) by the Town at a future date to be determined.” (f) “Purchasers/Tenants are advised that due to the proximity of the ▇▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied Street Regional sewage pumping station, noise, emissions and odour from the station’s operations may occasionally interfere with some activities of the dwelling occupants.” (g) “Future dwellings on the lots shall require review by the OwnerUrban Design Committee (including building elevations and site plans) prior to the issuance of building permits.” (h) “Tree removals on the overall lands have been assessed through an “Updated Tree Saving Plan” prepared by Colville Consulting Inc. (dated June 23, 2023). Future building on the site shall implement the mitigation measures detailed in this report and as outlined in Section 8.2 of the Subdivision Agreement with the Town.” (i) “The purchaser is responsible for the preparation and submission of individual tree saving plans for each of the residential lots (Lots 1-5) in accordance with Niagara Region EIS Guidelines and satisfying the requirements listed in the Region’s Tree and Forest Conservation By-law (Section 1.36) and obtaining approval of such plans from the Town’s Urban Forestry Officer prior to the issuance of a building permit on their respective lot.” (j) “The purchaser of each lot (Lots 1-5) shall pay the Town $14,000.00 representing the proportional per lot amount of the overall tree replacement and compensation ($70,000.00) for the removal of trees on the overall site prior to the issuance of a building permit on their respective lot.” 7.2 The Owner further agrees to provide notice to prospective purchasers and/or tenants that the development in question falls within the Post Office Box-served boundaries of the location of the rural mail receptableNiagara-on-the-Lake Post Office. 7.5 7.3 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 2 contracts

Sources: Subdivision Agreement, Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and agrees the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser's acknowledgment of receipt of same failing which, the Town mayPurchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser's address as provided for in this Agreement or to the Purchaser's solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at its the sole discretionand absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, enter upon noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the Lot and correct dwelling occupants. The following Warning Clauses are included in the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot Subdivision Agreement and may be collected in updated once the same manner, and with the same remedies, as municipal taxesAgreement has been executed.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing there will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance Subdivision Agreement with the Region and Town Development Charge By-laws in effect at the time City of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇▇▇▇ agrees that this development which agreement will receive mail delivery via lot line delivery to a rural mail receptable supplied by be registered against the Ownerproperty. The Owner Purchaser further agrees acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this trench. The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the Subdivider and the municipality may require the Vendor to provide notice the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to prospective purchasers and/or tenants schools outside of the neighbourhood), noise levels from adjacent roadways, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the rural mail receptable. 7.5 property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Owner acknowledges and hereby Purchaser agrees that an electrical distribution line operating below 50,000 volts might to be located within bound by the contents of the Subdivision Agreement or in any other municipal agreement wherein such warning clauses are more fully set out and the vicinity Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. WEB The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the Lands. Pursuant neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the section entitled “Electrical Hazards” property, and in Part II general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and Section 188 thereunder the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of Ontario Regulation 213/91 (amended receipt by the Purchaser of such notices and/or an amendment to Ontario Regulation 627/05)this Agreement including such warning clauses and all schedules, as amendedplans, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres statements attached to the energized conductor. The Owner agrees that it is agreement and as required by the Ownersubdivision agreement, and the Purchaser’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductorsacknowledgment of receipt of same.

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that development and/or site plan agreements to be entered into by the Vendor with the City of Toronto and other approval authorities may require the Vendor to provide the Purchaser with notice regarding noise, vibration and/or air quality levels from adjacent roadways, railways lines and/or other sources. The Purchaser agrees to be bound by the content of any such notice, whether given to the Purchaser at the time this Agreement is entered into, or at any time thereafter up to and including the Closing Date. The Purchaser covenants and agrees to provide execute, forthwith upon the Vendor’s request and at no cost to the Region with a written undertaking that all offers Vendor, any acknowledgment confirming the Purchaser’s receipt of any such notice if and agreements of purchase and sale which may be negotiated prior when required to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until do so by the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreementsVendor. In addition, the following clausesPurchaser is hereby notified as follows: (a) The lands are subject Purchaser may be inconvenienced by ongoing construction activities relating to the payment development of development charges in accordance the Condominium and/or other construction activities of the Vendor with respect to other aspects of the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”CityPlace Project. (b) “If any change The Purchaser is made advised that noise levels from increasing road and rail traffic will continue to be of concern, occasionally interfering with some activities of the owners and occupants of the Unit as the noise level exceeds the City of Toronto’s and the Ministry of the Environment’s noise criteria. (c) The Purchaser is advised that the Condominium is situated adjacent to the grading SkyDome, that the SkyDome is and will be utilized by the general public for a variety of cultural, athletic, entertainment and recreation purposes and that events, including new events that may not have been held in the past, may occur at all hours of the Lot, which day or night that attract large and sometimes unruly crowds that create considerable noise and traffic in the opinion vicinity. The SkyDome has a retractable roof which provides that events are held outdoors. Maintenance and operations of the Town is contrary to SkyDome may occur at all hours of the approved Overall Grading Plan for the Lot (day and night. As a copy of which may be obtained from the Town)consequence, the Town mayuses at the SkyDome may result in circumstances where noise levels, at its sole discretionlights, enter upon the Lot signage and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and crowds may be collected in the same manner, and interfere with the same remediesactivities of owners and occupants of Units, as municipal taxes.” 7.4 both inside and outside the Condominium. The Owner Purchaser specifically acknowledges and ▇▇▇▇▇▇ agrees that the operation of the SkyDome as aforesaid (including the choice of the SkyDome to keep the roof open for an event) is not and will not be a nuisance. The Purchaser acknowledges and agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied acknowledgement may be pleaded by the Owner. The Owner further agrees to provide notice to prospective purchasers Vendor and/or tenants the owner of the location of SkyDome as a complete defense to any application or objection raised by the rural mail receptablePurchaser in this regard. 7.5 The Owner acknowledges (d) Canadian National Railway Company (CN) and hereby agrees that an electrical distribution line operating below 50,000 volts might be located the Toronto Terminals Railway Company Limited (TTR) or their assigns or successors in interest have or may have rights-of-way within the Subdivision or in the vicinity 300 meters of the Lands. Pursuant There may be alterations to or expansions of the section entitled “Electrical Hazards” railway facilities on such rights-of-way in Part II the future, including the possibility that CN, TTR or their assigns or successors as aforesaid or GO Transit or VIA Rail Canada Inc. may expand their operations, which expansion may effect the noise, vibration and Section 188 thereunder air quality attenuating measures in the design of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05)the Condominium and the Units. Furthermore, as amendedthe Purchaser is advised that diesel odours generated by the adjacent railway operations may be experienced in outdoor areas of the Condominium. CN, being the Regulation relating to construction projects and made TTR, GO Transit and/or VIA Rail Canada Inc. will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over, or under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductorsaforesaid rights-of-way.

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide That the owner provides a written acknowledgement to the Niagara Region with a written undertaking Planning and Development Services Department stating that all offers and agreements of purchase and sale which may be negotiated prior to registration draft approval of this Subdivision, shall contain subdivision does not include a clause clearly indicating that a commitment of servicing allocation for this Subdivision by the Niagara Region as servicing allocation will not be assigned until the Subdivision plan is granted final approval for registration registered and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that until the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from completed and that any pre- servicing will be at the existing Plant, all to the satisfaction sole risk and responsibility of the Director of Community and Development Servicesowner. 7.3 7.2 The Owner acknowledges and hereby ▇▇▇▇▇▇ agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 (c) “Due to the proximity of the Subdivision to nearby agricultural uses, noise, dust and odours may, at times, be generated from nearby agricultural uses and may occasionally interfere with some activities of the owners who may occupy these lands.” (d) “Servicing allocation will not be assigned until the Final Plan is registered.” 7.3 The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptabledelivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. 7.5 7.4 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and agrees the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Town mayPurchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at its the sole discretion, enter upon the Lot and correct the grading deficiency absolute and add the cost unfettered discretion of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the location of the rural mail receptable. 7.5 dwelling occupants. The Owner Purchaser further acknowledges and hereby agrees having been advised that an electrical distribution line operating below 50,000 volts might his lot may be located within the Subdivision or in the vicinity of the Lands. Pursuant subject to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place following warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.clause:

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services.identifying 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 . The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) : “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) . “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 ” “The land in the plan of subdivision may be exposed to noise, odour and dust from nearby agricultural operations and agricultural-related traffic that may occasionally interfere with some activities of the owners who may occupy these lands.” “The lands in the subdivision may be exposed to noise and odour from nearby industrial/commercial uses and the Regional sewage pumping station on the east side of Four Mile Creek Road that may occasionally interfere with some activities of the owners who may occupy these lands.” “Servicing allocation for the subdivision will not be assigned until the Final Plan registered.” The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptable. 7.5 delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. The Owner agrees to consult with Canada Post and the Town’s Operations Department to determine suitable permanent locations for the community mailboxes, which shall be included on appropriate servicing plans. The Owner further agrees to provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin, as well as the expected installation date(s) for the centralized Community Mail Box(es). The Owner shall include in all offers and agreements of purchase and sale or lease, a statement which advises the purchaser that mail will be delivered via community mail box. The owner also agrees to note the locations of all community mail boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the community mail box. The owner agrees to provide the following for each community mailbox site and to include these requirements on the appropriate servicing plans: Any required walkway across the boulevard, per municipal standards; Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and, A community mail box concrete base pad per Canada Post specifications.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby ▇▇▇▇▇▇ agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 (c) “The Owner acknowledges lands in the plan of subdivision may be exposed to noise, odour, and ▇▇▇▇▇▇ agrees dust from nearby agricultural operations that this development may occasionally interfere with some activities of the owners who may occupy these lands.” (d) “The purchaser will receive be responsible for their proportionate share of future maintenance of the Stormwater Management Pond as determined through the Ontario Drainage Act, s17, RSO 1990.” (e) “The purchaser will be responsible to maintain the grassed boulevard directly in front of and adjacent to their lot where they exist” (f) “The home/business mail delivery via lot line delivery to will be from a rural mail receptable supplied by the Owner. designated Centralized Mail Box. 7.3 The Owner further agrees to officially notify the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. 7.4 The Owner agrees, at the time of the installation of the sidewalks and/or curbs, to provide notice the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and as shown on the approved plans. 7.5 The owner further agrees to: (a) work with Canada Post to prospective purchasers determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. (b) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. (c) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or tenants curb installation within each phase of the plan of subdivision. (d) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the rural centralized mail receptablefacilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 7.5 7.6 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder there under of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner purchaser acknowledges receipt of the following Warning Clauses and agrees Notice Provisions: The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Town may, at its sole discretion, enter upon Purchaser will be deemed in default of the Lot Agreement of Purchase and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the LotSale. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and GRAND ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.HOMES LIMITED – February 2021 Purchaser Initials: Purchaser Initials:

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 . The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) : “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) . “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 ” “Each Building Permit for single-detached dwellings shall be reviewed for conformity with the Architectural Control/Urban Design Guidelines, and approved by the Director of Community and Development Services.” The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptable. 7.5 delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. The owner agrees to consult with Canada Post and the Town’s Operations Department to determine suitable permanent locations for the community mail boxes, which shall be included on appropriate servicing plans. The owner also agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all community mail boxes within the development, as approved by Canada Post and the Town’s Operations Department. The owner shall include in all offers and agreements of purchase and sale or lease, a statement which advises the purchaser that mail will be delivered via community mail box. The owner also agrees to note the locations of all community mail boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the community mail box. The owner will provide a suitable and safe temporary site for a community mail box until curbs, sidewalks and final grading are completed at the permanent community mail box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied. The owner also agrees to provide the following for each community mail box site and to include these requirements on the appropriate servicing plans: Any required walkway across the boulevard, per municipal standards Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications. A community mail box concrete base pad per Canada Post specifications The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. That ▇▇▇▇’▇ ▇▇▇▇ is restricted for access of construction vehicles during the phasing of the development. Consideration will be given to allow access through ▇▇▇▇’▇ ▇▇▇▇ during the restoration and removal of the temporary turning circle on ▇▇▇▇’▇ ▇▇▇▇. Each building permit for single-detached dwellings shall be reviewed for conformity with the Architectural Control/Urban Design Guidelines, and approved by the Director of Community and Development Services.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the Town of Whitby which agreement will be registered against the property. The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and agrees side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to provide remove, disturb or disrupt drainage to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior infiltration trench, or to registration of this Subdivisiondisturb in any way, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility integrity of the Owner. 7.2 That materials within this trench. WEB COPY The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the owner Subdivider and the Town municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of Niagara-on-the- Lake contain a clause prohibiting occupancy municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the proposed dwellings prior to neighbourhood), noise levels from adjacent roadways, the owner receiving allocation absence of sanitary capacity for door-to-door mail delivery, the proposed lots from Councilabsence of local or neighbourhood schools, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantlocation of “super mailboxes”, fencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. The Purchaser acknowledges that there will be a Subdivision Agreement with the Town may, at its sole discretion, enter upon of Whitby which agreement will be registered against the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lotproperty. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.LITTELWOOD HOMES LIMITED – November 2020 Purchaser Initials: Purchaser Initials:

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and agrees the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility schools outside of the Owner. 7.2 That neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the subdivision agreement between absence of door-to-door mail delivery, the owner and absence of local or neighbourhood schools, the Town location of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council“super mailboxes”, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantfencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser's acknowledgment of receipt of same failing which, the Town mayPurchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser's address as provided for in this Agreement or to the Purchaser's solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at its the sole discretion, enter upon the Lot and correct the grading deficiency absolute and add the cost unfettered discretion of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the location of the rural mail receptabledwelling occupants. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees to provide that any of the aforementioned notices and warning clauses may be registered on title to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this SubdivisionProperty, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility absolute and unfettered discretion of the Owner. 7.2 That . Purchasers/tenants are advised that despite the subdivision agreement between the owner inclusion of noise control features in this development area and the Town within dwellings, noise levels from increasing road traffic from nearby roadways may be of Niagara-on-the- Lake contain a clause prohibiting occupancy concern occasionally interfering with some activities of the proposed dwellings prior to dwelling occupants. The Purchaser shall execute any and all acknowledgments and releases required by the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges relevant governmental authorities in accordance with the Region and Town Development Charge By-laws in effect at the time provisions of paymentthis Agreement. Development charges are payable prior to the issuance of a building permit”. (b) “If any change The Purchaser is made to the grading hereby notified of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot following warning and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.clauses:

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing there will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and a Subdivision Agreement with the Town of NiagaraWhitchurch-on-the- Lake contain a clause prohibiting occupancy Stouffville which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fen cing, school transportation (including the bussing or transportation of students to schools outside of the proposed dwellings prior to neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the owner receiving allocation absence of sanitary capacity for door-to-door mail delivery, the proposed lots from Councilabsence of local or neighbourhood schools, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantlocation of “super mailboxes”, fencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town)property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may Purchaser will be collected deemed in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants default of the location Agreement of the rural mail receptablePurchase and Sale. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner Purchaser acknowledges that there will be a Subdivision Agreement with the Town of Whitby which agreement will be registered against the property. The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and agrees side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to provide remove, disturb or disrupt drainage to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior infiltration trench, or to registration of this Subdivisiondisturb in any way, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility integrity of the Owner. 7.2 That materials within this trench. The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the owner Subdivider and the Town municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of Niagara-on-the- Lake contain a clause prohibiting occupancy municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the proposed dwellings prior to neighbourhood), noise levels from adjacent roadways, the owner receiving allocation absence of sanitary capacity for door-to-door mail delivery, the proposed lots from Councilabsence of local or neighbourhood schools, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plantlocation of “super mailboxes”, fencing, street trees, catch basins, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from included on the Town), property or on the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction boulevard adjacent to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot property, and in general, any other matter that may be collected in deemed by the same mannermunicipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and with the same remedies, as municipal taxesPurchaser’s acknowledgment of receipt of same.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptable. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

Appears in 1 contract

Sources: Purchase and Sale Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to that the Region with a written undertaking that all offers and agreements determination of purchase and sale which may be negotiated prior to registration ownership of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until any tree on the Subdivision subject property is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement , and further acknowledges that any common-law issues that may exist between the Owner, and any adjacent property owner with respect to trees must be resolved by the Owner, in accordance with Subsections 10(1) and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy 10(2) of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 Ontario Forestry Act. The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) : “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) . “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 The Owner acknowledges and ▇▇▇▇▇▇ agrees that this ” “Prior to the issuance of a building permit, urban design approval is required. Any development shall be consistent with the Village of St. Davids Urban Design Guidelines.” “Servicing allocation will receive mail delivery via lot line delivery to a rural mail receptable supplied by not be assigned until the Owner. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural mail receptableFinal Plan is registered. 7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. The Owner Acknowledges that should deeply buried archaeological remains/resources be found on the property during construction activities, the Heritage Operations Unit of the Ontario Ministry of Tourism, Culture, and Sport in London (519-675-7742) and ▇▇▇▇▇ Heritage Consultants Inc. shall be notified immediately in the event that human remains are encountered during construction, the owner should immediately notify the police or coroner, the Registrar of Cemeteries of the Ministry of Small Business and Consumer Services in Toronto (416-326-8392), the Ministry of Tourism, Culture, and Sport and ▇▇▇▇▇ Heritage Consultants Inc." The Owner shall grade and place a minimum of one-hundred millimetres (100 mm) of topsoil, together with No. 1 nursery sod, on all portions of road allowances not covered by asphalt, sidewalks or gravel shoulder shown on the Subdivision, and along any side of the Subdivision abutting on adjacent existing streets. All sodding as herein described shall be considered as part of the cost of construction of Secondary Services for the said Subdivision and shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. When the dwelling is occupied after October 15th, the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding shall be carried out between July 1st and August 31st, unless approval is given by the Director of Operations. In order to maintain a high standard of amenity and appearance, the Owner shall retain the maximum number of existing trees as approved by the Director of Community and Development Services consistent with good design and conservation practices. The Owner shall, upon completion of each dwelling on each of the Lots, lay No. 1 nursery sod and shall maintain all sod until it has become well established. All sodding as herein described shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. Where the dwelling is occupied after October 15th the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding will be carried out between July 1st and August 31st, unless approval is given by the Director of Operations. If the Town determines that the Works outlined in Section 8.1 and 8.3 have not been completed and the Owner does not complete the Works within fourteen (14) days of written notice to the Owner, the Town may have the Works completed and the Owner agrees to pay to the Town the cost incurred thereby. The Owner shall provide one tree for each Lot/Unit and two trees for each corner Lot/Unit to be planted within the road allowance. Each tree shall have a minimum calliper of fifty millimetres (50 mm), to be planted so as not to interfere with the municipal services or public utilities within the road allowance or the service connection to each dwelling. The Director of Operations shall approve the tree location and species. Unless exempted by the Director of Operations, all lands conveyed to the Town shall be serviced, sodded and landscaped by the Owner, within eighteen (18) months from the date of registration of this Agreement or such extension of such time period as may be approved by the Director of Operations in writing. The Owner agrees to submit an Overall Grading Plan prepared in accordance with the Town’s Municipal Engineering Standards Manual to the Director of Operations and the Niagara Peninsula Conservation Authority for their respective review and written approval. The Owner further agrees to implement the Grading Plan under the supervision of the Consulting Engineering Firm, to the satisfaction of the Town and the Niagara Peninsula Conservation Authority. All buildings shall be erected on the Lots and blocks in accordance with the elevations and the spot levels of the Overall Grading Plan approved by the Director of Operations. Until the completion of all buildings on the Lots and blocks, the Owner shall ensure that the front yards, rear yards and side yards of each of the Lots and blocks are properly graded and completed to prevent the ponding of surface water on the Lots and blocks or on adjacent lands. All drainage ditches, or drainage depressions within the Subdivision shall be final graded and maintained with approved silt traps prior to the issuance of the Preliminary Certificate of Completion of Primary Services and the said surface drainage Works shall be sodded, including Sodded ▇▇▇▇▇▇, prior to the occupancy of any dwelling in accordance with the requirements of the Director of Operations. If the Town determines that the said surface drainage Works have not been maintained and the Owner does not repair the Works within three (3) days of written notice to the Owner, the Town may have the Works repaired and the Owner agrees to pay to the Town the cost incurred thereby. The stormwater management works shall be constructed in accordance with the design and plans approved by the Town, the Region of Niagara Public Works Department (Development Services Division) and the Niagara Peninsula Conservation Authority and the Owner shall be responsible to ensure that the construction of the Works is carried out in accordance with the “Stormwater Management Planning and Design Manual March 2003”, “Stormwater Quality Guidelines for New Development May 1991” and “Ministry of the Environment” (collectively the “Manual and Guidelines”) as revised or replaced from time to time. The Owner shall ensure that its contractors carry out adequate controls in conformity with the said Manual and Guidelines. The Director of Operations in consultation with the Niagara Peninsula Conservation Authority shall provide the final directive as to interpretation of the requirements of the Manual and Guidelines should questions or conflicts arise. Failure of the Owner to comply with the Manual and Guidelines and to implement the requirements therein may result in the necessary controls being carried out by the Town with all associated costs charged back to the Owner. Any related damages to downstream or adjacent landowners for failure of the Owner’s contractors to comply with the Manual and Guidelines or to implement proper controls shall be the sole responsibility of the Owner. If, after the Town accepts the Individual Lot Grading Plan as satisfactory, a change is made to the grading of a Lot or block by the Owner or a subsequent owner which, in the opinion of the Town, is contrary to the Overall Grading Plan, the Town may, at its sole discretion, enter upon the said Lot and correct the grading deficiency. The Town may then, after having corrected the grading deficiency, either charge back the cost thereof to the Owner or add the cost of effecting the correction to the assessment roll for the Lot or block and such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes. The Town may, upon the written application of the Owner or any subsequent owner of any Lot or block authorize an amendment to the Overall Grading Plan. Before granting such an amendment, or as a condition of granting the amendment, the Town may impose such terms and conditions on the Owner or subsequent owner as it deems appropriate. Forthwith upon the granting of any amendment, the Director of Operations shall make such changes in the Overall Grading Plan as are necessary to give effect thereto and shall ensure that any terms or conditions of the granting of the amendment are fulfilled. Forthwith after the completion of all buildings or structures constructed pursuant to a Building Permit on any Lot or block, the Chief Building Official shall require the Owner to submit a Grading Conformance Certificate that certifies conformity with the Overall Grading Plan and a surveyor’s plan or certificate indicating the location of all buildings or structures and the grade levels of the Lot or Block.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 . The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) : “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) . “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 ” “The lands in the plan of subdivision may be exposed to noise, odour, and dust from Regional Road 87 (Lakeshore Road) traffic that may occasionally interfere with some activities of the owners who may occupy these lands.” A clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptable. 7.5 delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. LANDSCAPING, LOT GRADING AND DRAINAGE The Owner shall grade and place a minimum of one-hundred millimetres (100 mm) of topsoil, together with No. 1 nursery sod, on all portions of road allowances not covered by asphalt, sidewalks or gravel shoulder shown on the Subdivision, and along any side of the Subdivision abutting on adjacent existing streets. All sodding as herein described shall be considered as part of the cost of construction of Secondary Services for the said Subdivision and shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. When the dwelling is occupied after October 15th, the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding shall be carried out between July 1st and August 31st unless approval is given by the Director of Operations. The removal, alteration, or relocation of any existing tree located within the Town’s road allowance shall be subject to the approval of the Director of Operations. The Owner shall, upon completion of each dwelling on each of the Lots, lay No. 1 nursery sod and shall maintain all sod until it has become well established. All sodding as herein described shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. Where the dwelling is occupied after October 15th the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding will be carried out between July 1st and August 31st, unless approval is given by the Director of Operations. If the Town determines that the Works outlined in Section 8.1 and 8.3 have not been completed and the Owner does not complete the Works within fourteen (14) days of written notice to the Owner, the Town may have the Works completed and the Owner agrees to pay to the Town the cost incurred thereby. The Owner shall provide one tree for each Lot and two trees for each corner Lot/Unit to be planted within the road allowance. Each tree shall have a minimum calliper of fifty millimetres (50 mm), to be planted so as not to interfere with the municipal services or public utilities within the road allowance or the service connection to each dwelling. The Director of Operations shall approve the tree location and species. Unless exempted by the Director of Operations, all lands conveyed to the Town shall be serviced, sodded and landscaped by the Owner, within eighteen (18) months from the date of registration of this Agreement or such extension of such time period as may be approved by the Director of Operations in writing. The Owner agrees to submit an Overall Grading Plan prepared in accordance with the Town’s Engineering Design Standards to the Director of Operations for their review and written approval. The Owner further agrees to implement the Grading Plan under the supervision of the Consulting Engineering Firm, to the satisfaction of the Town. All buildings shall be erected on the Lots and blocks in accordance with the elevations and the spot levels of the Overall Grading Plan approved by the Director of Operations. Until the completion of all buildings on the Lots and blocks, the Owner shall ensure that the front yards, rear yards and side yards of each of the Lots and blocks are properly graded and completed to prevent the ponding of surface water on the Lots and blocks or on adjacent lands. All drainage ditches, or drainage depressions within the Subdivision shall be final graded and maintained with approved sediment control devices, as shown on the approved Overall Grading Plan, prior to the issuance of the Preliminary Certificate of Completion of Primary Services and the said surface drainage Works shall be sodded, including Sodded ▇▇▇▇▇▇, prior to the occupancy of any dwelling in accordance with the requirements of the Director of Operations. If the Town determines that the said surface drainage Works have not been maintained and the Owner does not repair the Works within three (3) days of written notice to the Owner, the Town may have the Works repaired and the Owner agrees to pay to the Town the cost incurred thereby. The stormwater management works shall be constructed in accordance with the design and plans approved by the Town, the Region of Niagara Public Works Department (Development Services Division) and the Owner shall be responsible to ensure that the construction of the Works is carried out in accordance with the “Storm Water Management Planning and Design Manual March 2003”, “Stormwater Quality Guidelines for New Development May 1991” and “Ministry of the Environment” (collectively the “Manual and Guidelines”) as revised or replaced from time to time. The Owner shall ensure that its contractors carry out adequate controls in conformity with the said Manual and Guidelines. The Director of Operations shall provide the final directive as to interpretation of the requirements of the Manual and Guidelines should questions or conflicts arise. Failure of the Owner to comply with the Manual and Guidelines and to implement the requirements therein may result in the necessary controls being carried out by the Town with all associated costs charged back to the Owner. Any related damages to downstream or adjacent landowners for failure of the Owner’s contractors to comply with the Manual and Guidelines or to implement proper controls shall be the sole responsibility of the Owner. If, after the Town accepts the Individual Lot Grading Plan as satisfactory, a change is made to the grading of a Lot or block by the Owner which, in the opinion of the Town, is contrary to the Individual Grading Plan, the Town may, at its sole discretion, enter upon the said Lot and correct the grading deficiency. The Town may then, after having corrected the grading deficiency, either charge back the cost thereof to the Owner or add the cost of effecting the correction to the assessment roll for the Lot or block and such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes. The Town may, upon the written application of the Owner or any subsequent owner of any Lot or block authorize an amendment to the Overall Grading Plan. Before granting such an amendment, or as a condition of granting the amendment, the Town may impose such terms and conditions on the Owner or subsequent owner as it deems appropriate. Forthwith upon the granting of any amendment, the Director of Operations shall make such changes in the Overall Grading Plan as are necessary to give effect thereto and shall ensure that any terms or conditions of the granting of the amendment are fulfilled. Forthwith after the completion of all buildings or structures constructed pursuant to a Building Permit on any Lot or block, the Chief Building Official shall require the Owner to submit a Grading Conformance Certificate that certifies conformity with the Overall Grading Plan and a surveyor’s plan or certificate indicating the location of all buildings or structures and the grade levels of the Lot or block.

Appears in 1 contract

Sources: Subdivision Agreement

WARNING CLAUSES. 7.1 The Owner acknowledges and agrees to provide to the Region with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner. 7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services. 7.3 The Owner acknowledges and hereby ▇▇▇▇▇▇ agrees to include, in all offers of purchase and sale agreements, the following clauses: (a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. (b) “If any change is made to the grading of the Lot, which in the opinion of the Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” 7.4 7.3 The Owner acknowledges agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and ▇▇▇▇▇▇ agrees that this development will receive mail delivery via lot line delivery to a rural mail receptable supplied by as shown on the Ownerapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the rural Community Mail Boxes and that mail receptabledelivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. 7.5 7.4 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. 7.5 Purchasers/tenants are advised that sound levels due to increasing road traffic on Highway 405 (General ▇▇▇▇▇ Parkway) may occasionally interfere with some activities of the dwelling unit occupants.

Appears in 1 contract

Sources: Subdivision Agreement