Common use of REQUIREMENTS FOR USE AND OCCUPANCY Clause in Contracts

REQUIREMENTS FOR USE AND OCCUPANCY. i. No building or any part thereof erected on any of the Lands shall be occupied until the Town has issued a Certificate of Compliance and Occupancy for a finished building, the final grading of the lands has been completed in accordance with the Site Plan and Site Grading Plan, the requirements of the Town’s building by-laws have been met, all municipal services have been completed, all utilities have been completed and approved and the water, hydro and sewage services are functioning. ii. Occupancy may be permitted in the winter months provided the Town has issued a Certificate of Compliance and Occupancy for a finished or unfinished building (as the case may be) and that all utilities have been completed and approved and the water, hydro and sewage services are functioning. Any grading and entrance culverts not completed and approved by the Town prior to occupancy must be completed by June 1st in the following year. iii. The Owner shall grade the Lands in accordance with the detailed Site Plan as approved. iv. Anyone occupying any building or part thereof in contravention of this Section accepts all risk and liability for doing so and accepts all responsibility for complying with this Agreement v. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits until the construction of such services and works or utilities are completed or such other breach of this Agreement is remedied.

REQUIREMENTS FOR USE AND OCCUPANCY. i. No building or any part thereof erected on any of the Lands shall be occupied until the Town has issued a Certificate of Compliance and Occupancy for a finished building, the final grading of the lands has been completed in accordance with the Site Plan and Site Grading Plan, Engineering Drawings , the requirements of the Town’s building by-by- laws have been met, all municipal services have been completed, all utilities have been completed and approved and the water, hydro and sewage services are functioning.functioning.‌ ii. Occupancy may be permitted in the winter months provided the Town has issued a Certificate of Compliance and Occupancy for a finished or unfinished building (as the case may be) and that all utilities have been completed and approved and the water, hydro and sewage services are functioning. Any grading and entrance culverts not completed and approved by the Town prior to occupancy must be completed by June 1st in the following year. iii. The Owner shall grade the Lands in accordance with the detailed Site Plan Engineering Drawings as approved.approved.‌ iv. Anyone occupying any building or part thereof in contravention of this Section accepts all risk and liability for doing so and accepts all responsibility for complying with this Agreement v. It is understood and agreed between the Parties that any such entry by the Town shall be as agent for the Owner and shall not be deemed for any purpose whatsoever as acceptance or assumption of the said services or utilities by the Town or a waiver of any breach of this Agreement and the Town, in addition to all remedies it may have, may refuse to issue building permits until the construction of such services and works or utilities are completed or such other breach of this Agreement is remedied. vi. A Certificate of Compliance and occupancy will not be issued until the Town is satisfied that all grading and drainage has been completed in accordance with the approved Site Plan and the Town has inspected the water service and shut-off and has confirmed that it is operational, is set to final grade and is satisfied with the water meter and meter reading device installation. This will require the submission of an as constructed Site Plan prepared by the Owner’s Engineer or other authorized representative of the Owner who prepared the Site Plan and confirmation from the Town Engineer that the grading of the Lands has been completed in accordance with the Site Plan and the Grading Control Plan. It may also require confirmation from the current registered owner of the Lands that there are no drainage or grading problems on the Lands. a. Where the grading is not completed in accordance with the Site Plan within 30 days of written demand from the Town to the Owner, the Town may, in its absolute discretion complete the lot grading at the expense of the Owner. Any expenses incurred by the Town to complete the lot grading shall form a lien on the lands and may be collected by action or as municipal taxes pursuant to Section 427 of the Municipal Act, 2001, supra, 1990, Chap. M. 45, as amended. [The rest of this page is intentionally blank]