Common use of BUILDING PERMITS AND OCCUPANCY OF BUILDINGS Clause in Contracts

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any required Works for noise abatement have been affected; (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) Development charges have been paid; (l) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) All regulatory traffic control signs and street name signs have been installed; and, (n) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.18; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official; (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services Services, with the exception of the top course asphalt, have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot A Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standardsMunicipal Design Standards Manual. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any deposits for any public utility company have been made; (i) Any required Works for noise abatement have been affectedeffected; (ij) The application applicant for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) Development charges have been paid; (l) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) All regulatory traffic control signs and street name signs have been installed; and, (n) That a completed entrance permit application has been submitted to, and approved by to the Town’s Towns Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot10% of total lots, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot10% allotment. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Planning & Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building PermitPermit issuance; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate a Lot Grading Deposit per unit, an amount unit which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law;; and, (iiiii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (viiii) To cover costs for damages to Primary or Secondary Services; and, (viiiv) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. (v) To ensure that the final grading complies with the approved general Grading Plan. 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.611.7. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 1.5 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a11.4(a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c11.2(c) (i) through 11.3(c)(vii(iv) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 11.7 and a Final Inspection has been completed and approvedcompleted; (b) A Grading Conformance Certificate has been approved issued pursuant to Section 8.188.13; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.411.2, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx drainage xxxxxx have been constructed and sodded to the satisfaction of the Director of Operations; (d) The lot has been graded in accordance with the Grading Plan; (e) All necessary Public Utilities are completed and installed to such building or structure; (ef) An Occupancy Permit has been issued by the Chief Building Official; (fg) A The Town has installed a water meter has been installed, and the curb stop has been installed to grade; and, (gh) All fencing required by Section 6.9 6.10 has been completed to the satisfaction of the appropriate Director or his designateof Operations. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 11.7 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law.Zoning 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. 12 PARKLAND DEDICATION/CASH-IN-LIEU/PARKLAND DEVELOPMENT (a) Prior to the issuance execution of a Building Permitthis Agreement, the Owner agrees to pay five percent (a parkland dedication fee. The parkland dedication fee shall be 5%) % of the value of the landsland, excluding using a direct comparison approach, less the proposed lot containing value of the existing dwelling public use block (Lot 2)Block 24, as shown on Schedule B) which is being dedicated as parkland dedication. (b) Prior to the Town in lieu execution of lands this Agreement, Prior to the execution of this Agreement, the Owner agrees to dedicate Block 24 for parks purposes pursuant to the provisions of The the Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards.. Note: The individual lot grading plans shall consider and be coordinated with the individual tree saving plans for each lot as required in this Subdivision Agreement; (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any required Works for noise abatement have been affected; (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (ji) Prior Future dwellings on the lots shall require review by the Urban Design Committee including building elevations and site plans prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from permits; (j) An individual tree saving plan has been approved by the Town, to ’s Urban Forestry Officer for the satisfaction of respective lot in accordance with Niagara Region EIS Guidelines and satisfying the Director of Community requirements listed in the Region’s Tree and Development Services.Forest Conservation By-law (Section 1.36); (k) Development charges have been paid; (l) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision;; and (m) All regulatory traffic control signs and street name signs have been installed; and, (n) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 (d) 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. 11.3 The deposit required in Section 11.3(c11.2(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, Agreement and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.511.4, and may be forfeited in accordance with Section 11.611.5. 11.5 11.4 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 11.4 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 11.5 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c11.2(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 11.7 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.188.13; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 11.6 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.411.3, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 11.7 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official; (f) A water meter has been installed, and the curb stop has been installed to grade; and,; (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 11.8 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 11.9 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 11.7 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 11.10 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 11.11 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any required Works for noise abatement have been affected; (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) Development charges have been paid; (lk) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (ml) All regulatory traffic control signs and street name signs have been installed; and, (nm) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 and 6.1 (t) above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one 10% of total lots (1) lotif the number of total lots is less than ten (10), provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions maximum of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate.one(1) 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.188.13; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official;; and, (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance of a Building Permit, the The Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), had previously dedicated land to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Actwithin Block 50. The Owner will submit an appraisal to land transfer documents for the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis parkland transfer identified as NR618413 and the Owner agrees to reimburse the Town for any subsequent yearly appraisalNR618412.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) The Owner has submitted to and received approval of Urban Design Committee and Director of Community and Development Services regarding the design elements of any proposed noise attenuation fencing. Submission to the Urban Design Committee with respect to the noise attenuation fencing shall include details on height, materials, and length of the proposed fencing along Four Mile Creek Road. Any required Works for noise abatement have been affected;attenuation fencing along Four Mile Creek Road shall only extend to shield the rear yard and no part shall be within the Regional right-of-way, with a return to the dwelling as indicated in the approved noise study. (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Building elevations shall be submitted to Community and Development Services Department for review to ensure urban design issues are addressed, prior to the issuance of building permits. (k) The Owner has submitted the Landscape Plan, required by the Region of Niagara, to Urban Design Committee and Community and Development Services Department for review and the same plan has received the approval of Urban Design Committee and the Director of Community and Development Services (in coordination with the Region’s review and approval), specifically addressing plantings on the public boulevard along Four Mile Creek Road, with consideration for plantings that would be compatible alongside the noise attenuation fencing. (l) Prior to the issuance of a building permitpermits for Lots 10 and 16, the building permit materials shall receive urban and architectural design Urban Design Committee review and approval from the Town, to the satisfaction of the Director of Community and Development ServicesServices is required for the dwellings on Lots 10 and 16, with special consideration for the architectural treatment of the facades facing Four Mile Creek Road and the creation of a strong public face. (km) Development charges have been paid; (ln) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (mo) All regulatory traffic control signs and street name signs have been installed; and, (np) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot10% of total lots, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot10% allotment. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties.properties.‌ 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.188.16; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official; (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 6.10 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 No dwelling on Lots 10and 16 shall be occupied until an Acoustical Consultant has verified to the satisfaction of the Regional Public Works Department Development Services Division, that the required noise control measures (specifically including the noise attenuation fencing) as outlined in Section 6.11 of this Agreement, have been properly installed. 11.10 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 11.11 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 11.12 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 11.13 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. 12 PARKLAND DEDICATION/CASH-IN-LIEU/PARKLAND DEVELOPMENT‌ Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), lands to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) : The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) ; The Primary Services Services, with the exception of the top course asphalt, have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.112.1, the Director of Operations may permit the completion of Primary Services in phases; (c) ; A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot ; A Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) Municipal Design Standards Manual. A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) ; Any default pursuant to the provisions of this Agreement has been resolved; (g) ; All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) ; Any deposits for any public utility company have been made; Any required Works for noise abatement have been affected; (i) effected; The application applicant for the Building Permit has complied with all other relevant by- by-laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) ; Development charges have been paid; (l) ; The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) ; All regulatory traffic control signs and street name signs have been installed; and, (n) , That a completed entrance permit application has been submitted to, and approved by to the Town’s Towns Operations Department. 11.2 . Notwithstanding Section 11.1 12.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot10% of total lots, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot10% allotment. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Planning & Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 . The owner of a Lot shall, in addition to paying the Building Permit fee: (a) : Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) ; Deposit with the Town at the prevailing rate a sum in accordance Building By-law per unit, an amount unit which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) : The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) ; and, Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) ; To cover costs for damages to Primary or Secondary Services; and, (vii) , To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 . The deposit required in Section 11.3(c12.2(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 1112, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.512.5, and may be forfeited in accordance with Section 11.6. 11.5 . Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) : A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 1.5 metres from the original grade; (b) ; For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a11.4(a); and, (c) , A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 . The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c11.2(c) (i) through 11.3(c)(vii(iv) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) : An Occupancy Permit has been issued under Section 11.8 11.7 and a Final Inspection has been completed and approved; (b) completed; A Grading Conformance Certificate has been approved issued pursuant to Section 8.18; (c) 8.13; All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) ; A legal survey has been submitted showing the building as located on the land; and, (e) , A Final Inspection has been completed and the Building Permit has been closed. 11.7 . Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.411.2, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 . No dwelling on any Lot shall be occupied until: (a) : A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) ; All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) ; All Sodded Xxxxxx drainage xxxxxx have been constructed and sodded to the satisfaction of the Director of Operations; (d) ; The lot has been graded in accordance with the Grading Plan; All necessary Public Utilities are completed and installed to such building or structure; (e) ; An Occupancy Permit has been issued by the Chief Building Official; (f) A ; The Town has installed a water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 , After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 . In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 11.7 but subject to the following conditions: (a) : The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) ; The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) ; The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 , No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 . The provisions of this Section 11 12 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance signing of a Building Permitthis agreement, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), lands to the Town in lieu of lands for parks purposes pursuant to the provisions of Section 42 (6) of The Planning Act. The Owner Town will submit obtain an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to Section 42(6) The Planning ActAct and the Owner agrees to reimburse the Town for the cost of that appraisal. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any required Works for noise abatement have been affected; (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) Development charges have been paid; (lk) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (ml) All regulatory traffic control signs and street name signs have been installed; and, (nm) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 and 6.1 (t) above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one 10% of total lots (1) lotif the number of total lots is less than ten (10), provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions maximum of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate.one(1) 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties.properties.‌ 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.188.13; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official;; and, (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal has previously dedicated land to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Actsatisfy parkland requirements. The Town will update land transfer documents for the appraisal on a yearly basis parkland transfer identified as NR618413 and the Owner agrees to reimburse the Town for any subsequent yearly appraisalNR618412.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) : The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) ; The Primary Services Services, with the exception of the top course asphalt, have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) ; A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) ; An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) ; A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) ; Any default pursuant to the provisions of this Agreement has been resolved; (g) ; All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) ; Any required Works for noise abatement have been affected; (i) effected; The application applicant for the Building Permit has complied with all other relevant by- by-laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) ; Development charges have been paid; (l) ; The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) ; All regulatory traffic control signs and street name signs have been installed; The emergency access has been completed to the satisfaction of Fire department; and, (n) , That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.18; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official; (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) The Primary Services have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) Any default pursuant to the provisions of this Agreement has been resolved; (g) All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) Any required Works for noise abatement have been affected; (i) The application for the Building Permit has complied with all other relevant by- laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) Development charges have been paid; (l) The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) All regulatory traffic control signs and street name signs have been installed; and, (n) That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) The provisions of the Overall Grading Plan; (ii) The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) Conformance with building requirements required by other agencies; (iv) The sodding of the Lots; (v) The surfacing of the driveway, at the discretion of the Town; (vi) To cover costs for damages to Primary or Secondary Services; and, (vii) To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties.properties.‌ 11.4 The deposit required in Section 11.3(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a); and, (c) A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c) (i) through 11.3(c)(vii) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) An Occupancy Permit has been issued under Section 11.8 and a Final Inspection has been completed and approved; (b) A Grading Conformance Certificate has been approved pursuant to Section 8.18; (c) All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) A legal survey has been submitted showing the building as located on the land; and, (e) A Final Inspection has been completed and the Building Permit has been closed. 11.7 Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.4, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 No dwelling on any Lot shall be occupied until: (a) A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) All Sodded Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) All necessary Public Utilities are completed and installed to such building or structure; (e) An Occupancy Permit has been issued by the Chief Building Official; (f) A water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 but subject to the following conditions: (a) The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility ) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. 12 PARKLAND DEDICATION/CASH-IN-LIEU/PARKLAND DEVELOPMENT‌ Prior to the issuance of a Building Permit, the Owner agrees to pay five percent (5%) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisal.

BUILDING PERMITS AND OCCUPANCY OF BUILDINGS. 11.1 No Building Permit shall be issued, nor excavation started on any Lot until: (a) : The Subdivision has been registered and all registrations on title to the Lands and conveyancing documents and any other documents required by this Agreement have been completed; (b) ; The Primary Services Services, with the exception of the top course asphalt, have been installed to the satisfaction of the Director of Operations, and the Preliminary Certificate of Completion of Primary Services has been issued. For the purpose of this Section 11.1, the Director of Operations may permit the completion of Primary Services in phases; (c) ; A Plot Plan/Site Plan has been deposited with and approved by the Town; (d) ; An Individual Lot Grading Plan for the subject Lot or block has been deposited with and approved by the Chief Building Official. The Individual Lot Grading Plan shall be prepared in accordance with the Town’s current policies and standards. (e) . A declaration has been provided by the Consulting Engineering Firm certifying that the Lands have been graded in accordance with the Overall Grading Plan deposited with and approved by the Director of Operations; (f) ; Any default pursuant to the provisions of this Agreement has been resolved; (g) ; All required financial deposits and financial guarantees, including maintenance deposits in the amounts and forms satisfactory to the Town, are deposited with the Town to complete all Works specified in this Agreement and shown on the approved drawings; (h) ; Any required Works for noise abatement have been affected; (i) effected; The application applicant for the Building Permit has complied with all other relevant by- by-laws, regulations and lawful requirements pertaining to the issuance of such permit; (j) Prior to the issuance of a building permit, the building permit materials shall receive urban and architectural design review and approval from the Town, to the satisfaction of the Director of Community and Development Services. (k) ; Development charges have been paid; (l) ; The building for which the Building Permit application is made is located within an approved and registered portion of the Subdivision; (m) ; All regulatory traffic control signs and street name signs have been installed; and, (n) and That a completed entrance permit application has been submitted to, and approved by the Town’s Operations Department. 11.2 Notwithstanding Section 11.1 above, a Conditional Building Permit may be issued for the construction of dwellings, constituting not more than one (1) lot, provided that the dwellings can neither be sold nor occupied as a residence until primary services are provided and all conditions of the permit and this section have been met. Any permissions granted by the Model Home Agreement shall be included in the Conditional Building Permit for the one (1) lot. It is acknowledged by the Developer that the Conditional Building Permit is issued pursuant to the Building Code Act and to the satisfaction of the Chief Building Official and the Director of Community and Development Services. The Conditional Building Permit deposit required per lot or block shall be at the current applicable rate. 11.3 The owner of a Lot shall, in addition to paying the Building Permit fee: (a) : Pay the amount of the development charges which are applicable at the time of application for Building Permit; (b) ; If required, pay the amount of the cash in lieu of lands for parks purposes pursuant to Section 12; (c) ; Deposit with the Town at the prevailing rate per unit, an amount which is used to ensure the following: (i) : The provisions of the Overall Grading Plan; (ii) ; The location of the building is in accordance with the Plot Plan/Site Plan, construction drawings and the Ontario Building Code, and the Town’s Zoning By-law; (iii) ; Conformance with building requirements required by other agencies; (iv) ; The sodding of the Lots; (v) ; The surfacing of the driveway, at the discretion of the Town; (vi) ; To cover costs for damages to Primary or Secondary Services; and, (vii) and To ensure that the Lands are kept clean so that refuse, rubbish, dust or debris is not scattered on abutting streets or properties. 11.4 . The deposit required in Section 11.3(c11.2(c) is intended as a form of security from the applicant for a Building Permit for due observance and performance of all applicable provisions of this Agreement, and is not to be construed as payment for any work described in this Section 11, nor as imposing any obligation on the Town to undertake such work. The deposit is refundable, without interest to such applicant in accordance with Section 11.5, and may be forfeited in accordance with Section 11.6. 11.5 . Prior to the issuance of any Building Permit, the Owner shall provide to the Chief Building Official the following: (a) : A certificate from the Consulting Engineering Firm indicating which Lots and /or blocks will result in buildings being constructed on fill exceeding 1.2 metres from the original grade; (b) ; For approval, foundation drawings prepared by a Professional Engineer for all buildings to be built on Lots or blocks mentioned in the certificate required by Section 11.5 (a11.4(a); and, (c) and A certificate from the Consulting Engineering Firm indicating which Lots and/or blocks will require sump pumps. 11.6 . The owner of the deposit may, at any time after completion of the Works authorized by the Building Permit and before the deposit is forfeited under, apply for a refund of the deposit and the Town shall refund the deposit, without interest to such owner, provided that the application is accompanied by evidence that the provisions of Section 11.3(c11.2(c) (i) through 11.3(c)(vii(iv) inclusive have been complied with to the satisfaction of the Chief Building Official and that: (a) : An Occupancy Permit has been issued under Section 11.8 11.7 and a Final Inspection has been completed and approved; (b) ; A Grading Conformance Certificate has been approved pursuant to Section 8.18; (c) 8.14; All damage to Primary or Secondary Services incurred during the course of construction of the Works has been repaired, or adequate provision made therefore; (d) ; A legal survey has been submitted showing the building as located on the land; and, (e) and A Final Inspection has been completed and the Building Permit has been closed. 11.7 . Where, for any reason a deposit has not been refunded within two (2) years after being lodged with the Town pursuant to Section 11.411.2, the Treasurer shall notify the depositor of the fact and warn him that the deposit is subject to forfeiture thirty (30) days after the giving of notice. Notification by the Town will be at the last known address of the depositor. If through no fault of the Town, the deposit remains unrefunded after the expiry of the thirty (30) day period, the Treasurer may, without further notice, declare the deposit as forfeited, whereupon the deposit shall become the property of the Town free of all claims by the Owner hereof or anyone claiming through or under him. After such forfeiture, the deposit may be credited to the Town’s general revenues and may be applied for any municipal purposes, which the Treasurer may deem advisable, including but not limited to the performance of any Works or repairs for which the deposit was originally taken as security. 11.8 . No dwelling on any Lot shall be occupied until: (a) : A Preliminary Certificate of Completion of Primary Services has been issued by the Director of Operations; (b) ; All work in connection with such building or structure has been completed in accordance with the conditions of the Building Permit and any applicable Site Plan/Plot Plan; (c) ; All Sodded Xxxxxx Xxxxxx have been constructed to the satisfaction of the Director of Operations; (d) ; All necessary Public Utilities are completed and installed to such building or structure; (e) ; An Occupancy Permit has been issued by the Chief Building Official; (f) A ; and The Town has installed a water meter has been installed, and the curb stop has been installed to grade; and, (g) All fencing required by Section 6.9 has been completed to the satisfaction of the appropriate Director or his designate. 11.9 . After the issuance of an Occupancy Permit, the dwelling mentioned herein may be permanently used or occupied. 11.10 . In any case where, at the time of the application for any Occupancy Permit, it appears that one (1) or more utilities are incomplete or unavailable for reasons beyond the control of the Owner, the Town may, at its discretion, issue an Occupancy Permit notwithstanding failure of compliance with Section 11.8 11.7 but subject to the following conditions: (a) : The building meets the occupancy regulations of the Ontario Building Code and external cladding of the building has been completed; (b) ; The applicant shall acknowledge and accept in writing the unavailability of the particular utility or utilities, which shall be specified; (c) ; The applicant shall indemnify the Town from all liability for any loss, costs or damages arising out of the lack of every such unavailable utility; and, (d) , The Occupancy Permit and every certificate thereof shall contain a statement to the following effect: “(name of utility utility_______________________________) service not available at the time of issue of permit; the Town accepts no responsibility for the unavailability of such service or any consequences or damages that may follow from the unavailability of such service”. 11.11 . No Occupancy Permit shall authorize or be deemed to authorize any use or occupancy contrary to the provisions of the Building Permit or any applicable Zoning By-law. 11.12 . The provisions of this Section 11 are intended to be in support of and complementary to the provisions of any applicable Municipal or Provincial Building Code, development control by-law, and other like statutes, regulations and by-laws in force for the time being. In the case of a conflict between any provisions of this Section and the corresponding provisions in any such code, bylaw, statute or regulation, the latter provision shall prevail. Prior The Owner shall pay to the issuance Town cash in the amount of a Building Permit, 5% of the Owner agrees appraised value of the lands described in Schedule A to pay five percent satisfy the requirements for Parks Dedication pursuant to Section 51.1 (5%1) of the value of the lands, excluding the proposed lot containing the existing dwelling (Lot 2), to the Town Planning Act and as detailed in lieu of lands for parks purposes pursuant to the provisions of The Planning Act. The Owner will submit an appraisal to the Town to determine the value of the Lots and/or blocks pursuant to The Planning Act. The Town will update the appraisal on a yearly basis and the Owner agrees to reimburse the Town for any subsequent yearly appraisalSchedule D attached hereto.