LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer. b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping. c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments. d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block. e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show: i) the dimensioned property limits of the Lot or Block; ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block; iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling; iv) the proposed finished Lot or Block grades; v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change; vi) the finished road grades adjacent to the Lot or Block; vii) the proposed location of water, sanitary and storm servicing; viii) the proposed driveway location and maximum width; and ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following: x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director; xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and; xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied. f) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e). g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope. h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 3 contracts
Samples: Subdivision Agreement, Subdivision Agreement, Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land Lands herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner shall submit site and City AGREE that no grading plan(s) at the same time as, or prior to, submitting any Building Permit will be issued application for any Lot or Block unless a within Phase 12. Such site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan plan(s) shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans plan(s) shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
fe) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e5.c).
gf) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
hg) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Consulting Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner he or she shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Consulting Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;; and
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Consulting Engineer, and shall contain a certificate by the Consulting Engineer which shall certify the following:
xvii) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xiviii) that the Consulting Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xiiix) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Consulting Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Consulting Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the his responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees AGREES that for all Lots requiring the installation of a sewage system, that notice be given prior to maintain and or at the time of application for a Building Permit, to post a copy the satisfaction of the overall Lot Grading Plan City of Kawartha Lakes Sewage System Inspector in any home sales office/ online for prospective buyers accordance with the Ontario Building Code made under the Building Code Act, as amended or revised from time to viewtime.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto hereto, and topsoil will be replaced in accordance with Section 16 of this Agreement hereof Agreement, and further that prior to the placing of topsoil on any of the Land Lands herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the The Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of submit lot grading on and drainage plan(s) at the same time as, or prior to, submitting any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued application for any Lot or Block unless a site Such Lot Grading and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan Drainage Plan shall show:
i) i. the dimensioned property limits of the Lot or Block;
ii) . the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) . the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) . the proposed finished Lot or Block grades;
v) v. the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) . the finished road grades adjacent to the Lot or Block;
vii) . the proposed location of water, sanitary and storm servicing;
viii) . the proposed driveway location and maximum width; and
ix) . all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site lot grading and grading drainage plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) i. that the said site lot grading and grading drainage plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) ii. that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) iii. that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Development Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land Lands herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner shall submit site and City AGREE that no grading plan(s) at the same time as, or prior to, submitting any Building Permit will be issued application for any Lot or Block unless a within Phase 2. Such site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan plan(s) shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans plan(s) shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
fe) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e5.c).
gf) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
hg) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. Within five (5) days of the execution of this Agreement, excluding Corporate Approval, Seller shall arrange to allow Purchaser to meet with Seller's engineer to agree on lot standards that will be used in preparing Seller's grading and drainage plan. Seller shall thereafter provide Purchaser with the completed grading and drainage plan for review and approval. After the grading and drainage plan has been reviewed and approved by Purchaser, it shall be the obligation of Seller to implement the plan, at Seller's sole cost and expense, and to carry out the actual final approval, if any, required by the City. The grading of each Lot shall be accomplished in such a manner that each Lot shall have:
(a) The Owner AGREES Swales cut to the City or County standards on each Lot in accorxxxxx with the construction grading plan approved by Purchaser;
(b) Grading elevations within plus or minus one-tenth of a foot at the center corners of each building pad (hereinafter defined) and at the corners of each Lot as noted on the lot grading plan;
(c) No debris or other detrimental material except Purchaser's construction materials; _______________ ***Denotes omission of information pursuant to a request for confidential treatment. An copy of this agreement which includes the omitted information has been filed separately with the Securities and Exchange Commission. _______________ 16
(d) Fronts, sides and backs of each Lot graded in compliance with the grading plan approved by Purchaser;
(e) Sidewalk areas and right-of-way areas graded with a minimal slope from the property line to 6" below the top of the curb or what minimal slope the City or County will allow; and
(f) A construction area that all Lots is benched, constructed, and Blocks will be graded compacted in accordance with the Lot Grading Plan on file Geotech recommendations and otherwise suitable to allow the use of a monolithic slab or stem wall foundation and with the City and identified a net buildable dimension as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior agreed to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineerparties during the platting process for the applicable Phase (the "Building Pad").
b(g) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant All earthwork shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan recommendations of the Geo Technical Report and shall be monitored for compliance by the geotechnical engineer.
(h) If on-lot ponding is required, ponds shall be located a minimum of ten (10) feet from the Building Pad, or the Lot Grading Plan such further distance as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer recommended in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendmentsGeo Technical Report.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto hereto, and topsoil will be replaced in accordance with Section 16 of this Agreement hereof hereof, and further that prior to the placing of topsoil on any of the Land Lands herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the The Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of submit lot grading on and drainage plan(s) at the same time as, or prior to, submitting any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued application for any Lot or Block unless a site within Phase . Such Lot Grading and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan Drainage Plan shall show:
i) i. the dimensioned property limits of the Lot or Block;
ii) . the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) . the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) . the proposed finished Lot or Block grades;
v) v. the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) . the finished road grades adjacent to the Lot or Block;
vii) . the proposed location of water, sanitary and storm servicing;
viii) . the proposed driveway location and maximum width; and
ix) . all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site lot grading and grading drainage plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) i. that the said site lot grading and grading drainage plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) ii. that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) iii. that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) 62. The Owner AGREES with the City that shall carry out all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or Plan, with the Lot Grading Plan as amended except for such temporary deviations as are necessary for lot grading criteria referred to in Schedule P, and the purpose of constructing any building or structure which may be lawfully erected thereonPlot Plan. The Owner further AGREES specifically covenants for itself and its successors or assigns including the individual homeowners, to do no work that should any unforeseen will interfere with the approved grading.
63. Prior to the issuance of building permits, the Owner shall complete the overall grading of all Lots and Blocks in the Plan to elevations acceptable to the City Engineer and in accordance with Schedule P of the Agreement.
64. All public property within a road allowance, other than pavement or unusual circumstance arise which was not properly taken into account sidewalks, shall be topsoiled and sodded by the Owner’s Engineer in Owner at its expense to the development satisfaction of the City Engineer.
65. The Owner shall complete the Services in any and all park and open space lands on the Plan as described in Schedule C and as shown on the Construction Drawings.
66. The Owner shall cover all lands disturbed directly or indirectly as a result of development and which are not covered by road allowances, walkways, buildings, driveways, etc., with at least 150mm of screened topsoil, unless they are already so covered, and provide dust and erosion controls, to the satisfaction of the City Engineer
00. Xx every agreement of purchase and sale, the Owner shall, by requiring the grant of a temporary easement to the Owner, reserve the right of the Owner to enter upon the said Lot Grading Plan and whichfor a period of two years after the completion of the sale or until Assumption of the Services, whichever date is later, in order to carry out any Lot grading work which in the opinion of the DirectorCity is required. The City shall notify the Owner in writing of the work required and if the Owner does not acknowledge within 48 hours that the work will be done or if the Owner does so acknowledge but does not complete the required work within 14 days of the notice the City may enter upon the Lot and proceed to do the work at the Owner's expense in accordance with Part III, requires Section 19, except that if written notice is given by the construction City between November 1st of additional drainage or appurtenant worksthe first year and June 1st of the second year, the Owner shall construct such additional works when so directed by complete the Director and work prior to June 15th of the second year. If the City determines that an emergency exists, the City may proceed with the required work without notice at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by expense of the Owner which may be recovered from the Letter of Credit
68. If the grading of the Lot has been completed and a certificate issued pursuant to Schedule L2 and if the grading of such Lot is satisfactory to the City pursuant Chief Building Official then, subject to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or BlockSchedule P, the deposit Owner is no longer responsible for the grading of $3,000 applicable to said Lot or Block shall be refunded such Lot, provided that if a complaint is received by the City Chief Building Official prior to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction Assumption of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner Services about an opportunity alteration to undertake and complete the grading, to apply it shall determine whether there is an adverse effect and the deposit monies to complete party responsible. If the subsequent owner of a Lot alters its grade after certification, the Owner or the City is not responsible for the grading on said Lot or Block.
e) The Owner of such Lot, and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with if the corresponding Building Permit application. The site and grading plan shall show:
i) alteration adversely affects an adjacent Lot, then the dimensioned property limits owner of the latter Lot or Block;
ii) may enforce the proposed location provisions of the dwelling and/or detached accessory buildings and/or structures this Agreement which requires every owner to be located on the maintain his Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity accordance with the approved Lot Grading Plan included Plan. The Owner is not responsible for any grading defect occurring after the Assumption of Services.
69. Notwithstanding that a Lot has been graded in Schedule “E” of this Agreement and accordance with the road grades as shown approved Plot Plan, if the plan was approved on the approved Plans and Specifications basis of incorrect information, the Lot shall be re-graded by the Owner in accordance with a revised plan approved by the Director;Consulting Engineer and the City, all at the Owner's expense.
xi70. If at any time prior to the certification of a Lot pursuant to Schedule L1, a problem arises with respect to the grading of a Lot, the Owner shall report to the Chief Building Official in respect to it within 24 hours. If required by the Chief Building Official, the Owner shall provide within seven (7) days of a written request, an "as built" grading plan prepared by his Consultant.
00. Xx the event that the Engineer has examined the plans and drawings for the proposed dwelling Owner fails to be erected on the Lot grade any or Block; and;
xii) that the siting all of the proposed dwelling and/or detached accessory buildings and/or structures Lots as shown on required by the site and City or the Chief Building Official or if it fails to provide the "as built" grading plan accurately reflects the proposed buildings as shown on City may draw upon the plans and drawings Letter of Credit for which a Building Permit has been applied.
f) The Owner AGREES that the services its estimate of the Engineer will be retained for cost and complete or rectify the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have grading or obtain the Engineer review plan at the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility expense of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelopeOwner.
h) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or Block.
e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Engineer, and shall contain a certificate by the Engineer which shall certify the following:
x) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xi) that the Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;
xii) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
fe) The Owner AGREES that the services of the Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
gf) The Owner of any Lot with a sewage system AGREES that it shall be the responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
hg) The Owner agrees to maintain and to post a copy of the overall Lot Grading Plan in any home sales office/ online for prospective buyers to view.
Appears in 1 contract
Samples: Subdivision Agreement
LOT GRADING. a) The Owner AGREES with the City that all Lots and Blocks will be graded in accordance with the Lot Grading Plan on file with the City and identified as Schedule “E”, and in the manner described in Schedule “C” hereto and topsoil will be replaced in accordance with Section 16 of this Agreement hereof and further that prior to the placing of topsoil on any of the Land herein the Owner will arrange for an inspection of and receive the approval of the lot grading by the Consulting Engineer.
b) The Owner AGREES to place in the deed, transfer or conveyance for every Lot and Block a restrictive covenant in favour of the remaining land affected by this Agreement that the purchaser or transferee will not alter the drainage on the land in any way as to adversely affect the drainage pattern established by the Lot Grading Plan as amended and approved by the City. That restrictive covenant shall run with the land and shall state that the Owner will not do, or cause to be done, any activity that alters the drainage on the land including, but not limited to, constructing a building or structure without the approval of the City’s Engineering and Corporate Assets Department, placing fill, planting trees, or landscaping.
c) The Owner AGREES that Schedule “E”, Plan of Lot Grading, will only be altered or amended to resolve unusual or unforeseen circumstances giving rise to hardship and only after having received the written approval of the Director; and that the Owner he or she shall maintain such grading in accordance with the Lot Grading Plan or the Lot Grading Plan as amended except for such temporary deviations as are necessary for the purpose of constructing any building or structure which may be lawfully erected thereon. The Owner further AGREES that should any unforeseen or unusual circumstance arise which was not properly taken into account by the Owner’s Consulting Engineer in the development of the Lot Grading Plan and which, in the opinion of the Director, requires the construction of additional drainage or appurtenant works, the Owner shall construct such additional works when so directed by the Director and at the Owner’s sole cost. The Owner will provide an “As-Built” Lot Grading Plan reflecting all alterations, additions, and amendments.
d) It is AGREED that any deposit monies provided by the Owner to the City pursuant to the provisions of Subsections 1.f)(v) and/or 1.h)(v) hereof shall be in addition to all other financial requirements of the Owner. Upon the subsequent and satisfactory completion of lot grading on any such Lot or Block, the deposit of $3,000 3,000.00 applicable to said Lot or Block shall be refunded by the City to the Owner. In the event that the lot grading has not been undertaken on a Lot or Block on which construction of a dwelling has been completed, the City shall be entitled, in its absolute discretion, albeit only after having first afforded the Owner an opportunity to undertake and complete the grading, to apply the deposit monies to complete the grading on said Lot or BlockLot.
e) The Owner and City AGREE that no Building Permit will be issued for any Lot or Block unless a site and grading plan has been submitted in conjunction with the corresponding Building Permit application. The site and grading plan shall show:
i) the dimensioned property limits of the Lot or Block;
ii) the proposed location of the dwelling and/or detached accessory buildings and/or structures to be located on the Lot or Block;
iii) the proposed lowest basement floor elevation and proposed lowest opening and proposed finished floor grades of the dwelling;
iv) the proposed finished Lot or Block grades;
v) the existing and proposed lot grades for each of the corners of the Lot or Block and intermediate points of grade change;; and
vi) the finished road grades adjacent to the Lot or Block;
vii) the proposed location of water, sanitary and storm servicing;
viii) the proposed driveway location and maximum width; and
ix) all other requirements outlined in the City’s Lot Grading and Drainage Guidelines. Such site and grading plans shall have been approved by the Consulting Engineer, and shall contain a certificate by the Consulting Engineer which shall certify the following:
xvii) that the said site and grading plan is in conformity with the approved Lot Grading Plan included in Schedule “E” of this Agreement and with the road grades as shown on the approved Plans and Specifications approved by the Director;
xiviii) that the Consulting Engineer has examined the plans and drawings for the proposed dwelling to be erected on the Lot or Block; and;and -
xiiix) that the siting of the proposed dwelling and/or detached accessory buildings and/or structures as shown on the site and grading plan accurately reflects the proposed buildings as shown on the plans and drawings for which a Building Permit has been applied.
f) The Owner AGREES that the services of the Consulting Engineer will be retained for the purposes of preparing an as-built Lot Grading Plan for each Lot and Block. The Owner further AGREES to have the Consulting Engineer review the as-built Lot Grading Plan and issue a Certificate in accordance with Section 5.e).
g) The Owner of any Lot with a sewage system AGREES that it shall be the his responsibility of the Owner to maintain the sewage system envelope for the Lot or Block as identified on the plan, free of the deposit, disposal, or operation of any materials, structures or equipment, other than material or equipment required for the construction of the leaching bed within the sewage system envelope.
h) The Owner agrees AGREES that for all Lots requiring the installation of a sewage system, that notice be given prior to maintain and or at the time of application for a Building Permit, to post a copy the satisfaction of the overall Lot Grading Plan City of Kawartha Lakes Sewage System Inspector in any home sales office/ online for prospective buyers accordance with the Ontario Building Code made under the Building Code Act, as amended or revised from time to viewtime.
Appears in 1 contract
Samples: Subdivision Agreement
