WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. WEB COPY following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been madesame. The Purchaser acknowledges and agrees that any there will be a Subdivision Agreement with the Town of the aforementioned notices and warning clauses may Whitchurch-Stouffville which agreement will be registered on title to against the Property, at the sole and absolute and unfettered discretion of the Ownerproperty. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.Harvest ST Homes Limited - Sept 2019 Purchaser Initials: Purchaser Initials:
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City of Xxxxxxxxx which agreement will be registered against the property. WEB COPY The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this trench. The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the Subdivider and the municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
WARNING CLAUSES. 7.1 The Purchaser Owner acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor agrees to provide the Purchaser Region with certain noticesa written undertaking that all offers and agreements of purchase and sale or lease, includingwhich may be negotiated prior to registration of this Subdivision, but shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not limited be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner.
7.2 The Owner acknowledges and agrees to include the following clause in all Agreements of Purchase and Sale or Lease for each dwelling unit:
7.3 The Owner acknowledges and hereby agrees to include, in all offers and agreements of purchase and sale or lease the following clauses:
(a) “The purchaser will be responsible for their proportionate share of future maintenance of the Stormwater Management Pond, of which their lands contribute to, land usageas determined through the Ontario Drainage Act, maintenance s17, RSO 1990.”
(b) “The purchaser will be responsible to maintain the grassed boulevard directly in front of municipal fencing, school transportation and adjacent to their lot where they exist.”
(including c) “The home/business mail delivery will be from a designated Centralized Mail Box”.
(d) The Owner further agrees to officially notify the bussing or transportation of students to schools outside purchasers of the neighbourhood)exact Centralized Mail Box locations prior to the closing of any home sales."
(e) “The Owner shall agree in the subdivision Agreement that servicing allocation will not be assigned until Plan of Subdivision is registered on title.”
7.4 The Owner agrees, noise levels from adjacent roadwaysat the time of the installation of the sidewalks and/or curbs, noise to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and as shown on the approved plans. The Owner further agrees to provide notice to prospective purchasers and/or vibration levels from nearby railway lines, the absence tenants of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may the Community Mail Boxes and that mail delivery will be included on provided via Community Mail Boxes provided the property or on Owner has paid for the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser activation of the property. The Purchaser agrees to be bound by the contents equipment and installation of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantsCommunity Mail Boxes.
Appears in 2 contracts
Samples: Subdivision Agreement, Subdivision Agreement
WARNING CLAUSES. 7.1 The Purchaser Owner acknowledges and agrees to provide to the Region with a written undertaking that there all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner.
7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a Subdivision Agreement clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying available sanitary capacity from the existing Plant, all to the satisfaction of the Director of Community and Development Services.
7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses:
(a) “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”.
(b) “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Overall Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. same remedies, as municipal taxes.”
7.4 The Purchaser Owner acknowledges and xxxxxx agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title development will receive mail delivery via lot line delivery to the Property, at the sole and absolute and unfettered discretion of a rural mail receptable supplied by the Owner. Purchasers/The Owner further agrees to provide notice to prospective purchasers and/or tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantslocation of the rural mail receptable.
7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.
Appears in 2 contracts
Samples: Subdivision Agreement, Subdivision Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s 's acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s 's address as provided for in this Agreement or to the Purchaser’s 's solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants. The following Warning Clauses are included in the Subdivision Agreement and may be updated once the Agreement has been executed.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City of Xxxxxxxxx which agreement will be registered against the property. The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this trench. The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreement entered into between the Subdivider and the municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. WEB COPY following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City Town of Whitby which agreement will be registered against the property. The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this trench. WEB COPY The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreements agreement entered into between the Subdivider and the municipalities municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been madesame. The Purchaser acknowledges and agrees that any there will be a Subdivision Agreement with the Town of the aforementioned notices and warning clauses may Whitby which agreement will be registered on title to against the Property, at the sole and absolute and unfettered discretion of the Ownerproperty. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.LITTELWOOD HOMES LIMITED – November 2020 Purchaser Initials: Purchaser Initials:
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s 's acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s 's address as provided for in this Agreement or to the Purchaser’s 's solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. following Warning Clauses and Notice Provisions: WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser Owner acknowledges that the subdivision agreements entered into determination of ownership of any tree on the subject property is the responsibility of the Owner, and further acknowledges that any common-law issues that may exist between the Subdivider Owner, and any adjacent property owner with respect to trees must be resolved by the municipalities may require the Vendor to provide the Purchaser Owner, in accordance with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside Subsections 10(1) and 10(2) of the neighbourhood)Ontario Forestry Act. The Owner acknowledges and hereby agrees to include, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway linesin all offers of purchase and sale agreements, the absence following clauses: “The lands are subject to the payment of doordevelopment charges in accordance with the Region and Town Development Charge By-to-door mail deliverylaws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”. “If any change is made to the grading of the Lot, which in the absence opinion of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all Town is contrary to the approved Overall Grading Plan for the Lot (a copy of which may be included obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” “Prior to the issuance of a building permit, urban design approval is required. Any development shall be consistent with the Village of St. Davids Urban Design Guidelines.” “Servicing allocation will not be assigned until the Final Plan is registered.” The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. The Owner Acknowledges that should deeply buried archaeological remains/resources be found on the property during construction activities, the Heritage Operations Unit of the Ontario Ministry of Tourism, Culture, and Sport in London (519-675-7742) and Xxxxx Heritage Consultants Inc. shall be notified immediately in the event that human remains are encountered during construction, the owner should immediately notify the police or coroner, the Registrar of Cemeteries of the Ministry of Small Business and Consumer Services in Toronto (416-326-8392), the Ministry of Tourism, Culture, and Sport and Xxxxx Heritage Consultants Inc." The Owner shall grade and place a minimum of one-hundred millimetres (100 mm) of topsoil, together with No. 1 nursery sod, on all portions of road allowances not covered by asphalt, sidewalks or gravel shoulder shown on the boulevard Subdivision, and along any side of the Subdivision abutting on adjacent existing streets. All sodding as herein described shall be considered as part of the cost of construction of Secondary Services for the said Subdivision and shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. When the dwelling is occupied after October 15th, the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding shall be carried out between July 1st and August 31st, unless approval is given by the Director of Operations. In order to maintain a high standard of amenity and appearance, the Owner shall retain the maximum number of existing trees as approved by the Director of Community and Development Services consistent with good design and conservation practices. The Owner shall, upon completion of each dwelling on each of the Lots, lay No. 1 nursery sod and shall maintain all sod until it has become well established. All sodding as herein described shall be completed before October 15th in the year in which the dwelling is occupied when the dwelling is occupied prior to October 15th. Where the dwelling is occupied after October 15th the sodding shall be completed by no later than June 30th in the year following the date of occupancy. The Owner further agrees that no sodding will be carried out between July 1st and August 31st, unless approval is given by the Director of Operations. If the Town determines that the Works outlined in Section 8.1 and 8.3 have not been completed and the Owner does not complete the Works within fourteen (14) days of written notice to the propertyOwner, the Town may have the Works completed and in generalthe Owner agrees to pay to the Town the cost incurred thereby. The Owner shall provide one tree for each Lot/Unit and two trees for each corner Lot/Unit to be planted within the road allowance. Each tree shall have a minimum calliper of fifty millimetres (50 mm), any other matter that may to be deemed by the municipalities planted so as not to inhibit or interfere with the enjoyment municipal services or public utilities within the road allowance or the service connection to each dwelling. The Director of Operations shall approve the tree location and species. Unless exempted by the Purchaser Director of Operations, all lands conveyed to the property. The Purchaser agrees to Town shall be bound serviced, sodded and landscaped by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the VendorOwner, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of within eighteen (18) months from the date of acceptance registration of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or such extension of such time period as may be approved by the Director of Operations in writing. The Owner agrees to submit an Overall Grading Plan prepared in accordance with the Town’s Municipal Engineering Standards Manual to the Purchaser’s solicitor Director of Operations and such delivery shall be deemed the Niagara Peninsula Conservation Authority for their respective review and written approval. The Owner further agrees to constitute appropriate notification. Without limiting implement the generality Grading Plan under the supervision of the foregoingConsulting Engineering Firm, to the extent that any satisfaction of the aforementioned notices Town and warning clauses the Niagara Peninsula Conservation Authority. All buildings shall be erected on the Lots and blocks in accordance with the elevations and the spot levels of the Overall Grading Plan approved by the Director of Operations. Until the completion of all buildings on the Lots and blocks, the Owner shall ensure that the front yards, rear yards and side yards of each of the Lots and blocks are provided properly graded and completed to prevent the ponding of surface water on the Lots and blocks or on adjacent lands. All drainage ditches, or drainage depressions within the Subdivision shall be final graded and maintained with approved silt traps prior to the Purchaser issuance of the Preliminary Certificate of Completion of Primary Services and the said surface drainage Works shall be sodded, including Sodded Xxxxxx, prior to the occupancy of any dwelling in accordance with the requirements of the Director of Operations. If the Town determines that the said surface drainage Works have not been maintained and the Owner does not repair the Works within three (3) days of written notice to the Owner, the Town may have the Works repaired and the Owner agrees to pay to the Town the cost incurred thereby. The stormwater management works shall be constructed in accordance with the design and plans approved by the Vendor after this Agreement has been madeTown, such notices the Region of Niagara Public Works Department (Development Services Division) and warning clauses the Niagara Peninsula Conservation Authority and the Owner shall be deemed responsible to have been included ensure that the construction of the Works is carried out in this Agreement at accordance with the “Stormwater Management Planning and Design Manual March 2003”, “Stormwater Quality Guidelines for New Development May 1991” and “Ministry of the Environment” (collectively the “Manual and Guidelines”) as revised or replaced from time that this Agreement has been madeto time. The Purchaser acknowledges Owner shall ensure that its contractors carry out adequate controls in conformity with the said Manual and agrees that any Guidelines. The Director of Operations in consultation with the Niagara Peninsula Conservation Authority shall provide the final directive as to interpretation of the aforementioned notices requirements of the Manual and warning clauses Guidelines should questions or conflicts arise. Failure of the Owner to comply with the Manual and Guidelines and to implement the requirements therein may be registered on title result in the necessary controls being carried out by the Town with all associated costs charged back to the Property, at Owner. Any related damages to downstream or adjacent landowners for failure of the Owner’s contractors to comply with the Manual and Guidelines or to implement proper controls shall be the sole and absolute and unfettered discretion responsibility of the Owner. Purchasers/tenants are advised that despite If, after the inclusion Town accepts the Individual Lot Grading Plan as satisfactory, a change is made to the grading of noise control features a Lot or block by the Owner or a subsequent owner which, in this development area the opinion of the Town, is contrary to the Overall Grading Plan, the Town may, at its sole discretion, enter upon the said Lot and within dwellingscorrect the grading deficiency. The Town may then, noise levels from increasing road traffic from nearby roadways after having corrected the grading deficiency, either charge back the cost thereof to the Owner or add the cost of effecting the correction to the assessment roll for the Lot or block and such cost shall constitute a special lien upon the Lot and may be of concern occasionally interfering collected in the same manner, and with some activities the same remedies, as municipal taxes. The Town may, upon the written application of the dwelling occupantsOwner or any subsequent owner of any Lot or block authorize an amendment to the Overall Grading Plan. Before granting such an amendment, or as a condition of granting the amendment, the Town may impose such terms and conditions on the Owner or subsequent owner as it deems appropriate. Forthwith upon the granting of any amendment, the Director of Operations shall make such changes in the Overall Grading Plan as are necessary to give effect thereto and shall ensure that any terms or conditions of the granting of the amendment are fulfilled. Forthwith after the completion of all buildings or structures constructed pursuant to a Building Permit on any Lot or block, the Chief Building Official shall require the Owner to submit a Grading Conformance Certificate that certifies conformity with the Overall Grading Plan and a surveyor’s plan or certificate indicating the location of all buildings or structures and the grade levels of the Lot or Block.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. WEB COPY following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the GRAND XXXXXX HOMES LIMITED – February 2021 Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Initials: Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.Initials:
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.. The Purchaser further acknowledges having been advised that his lot may be subject to the following warning clause:
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. 7.1 The Purchaser Owner acknowledges that there and xxxxxx agrees to include the following clauses in all Offers and Agreements of Purchase and Sale or Lease for each dwelling unit:
(a) “The lands are subject to the payment of development charges in accordance with the Region and Town Development Charge By-laws in effect at the time of payment. Development charges are payable prior to the issuance of a building permit”.
(b) “Servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be a Subdivision Agreement with at the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider sole risk and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside responsibility of the neighbourhood)Owner.”
(c) “If any change is made to the grading of the Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Overall Grading Plan for the Lot (a copy of which may be included on obtained from the Town), the Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the assessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.”
(d) “The purchaser will be responsible to maintain the grassed boulevard directly in front of and adjacent to their lot where they exist.”
(e) “Municipal sidewalks are to be installed along the frontage of the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed (Lots 1-5) by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees Town at a future date to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. determined.”
(f) “Purchasers/tenants Tenants are advised that despite due to the inclusion proximity of noise control features in this development area the Xxxxxxx Street Regional sewage pumping station, noise, emissions and within dwellings, noise levels odour from increasing road traffic from nearby roadways the station’s operations may be of concern occasionally interfering interfere with some activities of the dwelling occupants.”
(g) “Future dwellings on the lots shall require review by the Urban Design Committee (including building elevations and site plans) prior to the issuance of building permits.”
(h) “Tree removals on the overall lands have been assessed through an “Updated Tree Saving Plan” prepared by Colville Consulting Inc. (dated June 23, 2023). Future building on the site shall implement the mitigation measures detailed in this report and as outlined in Section 8.2 of the Subdivision Agreement with the Town.”
(i) “The purchaser is responsible for the preparation and submission of individual tree saving plans for each of the residential lots (Lots 1-5) in accordance with Niagara Region EIS Guidelines and satisfying the requirements listed in the Region’s Tree and Forest Conservation By-law (Section 1.36) and obtaining approval of such plans from the Town’s Urban Forestry Officer prior to the issuance of a building permit on their respective lot.”
(j) “The purchaser of each lot (Lots 1-5) shall pay the Town $14,000.00 representing the proportional per lot amount of the overall tree replacement and compensation ($70,000.00) for the removal of trees on the overall site prior to the issuance of a building permit on their respective lot.”
7.2 The Owner further agrees to provide notice to prospective purchasers and/or tenants that the development in question falls within the Post Office Box-served boundaries of the Niagara-on-the-Lake Post Office.
7.3 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City Town of Whitchurch-Stouffville which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencingfen cing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.. The Purchaser further acknowledges having been advised that his lot may be subject to the following warning clauses:
Appears in 1 contract
Samples: Agreement of Purchase and Sale
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. following Warning Clauses and Notice Provisions: WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the GRAND XXXXXX HOMES LIMITED – February 2021 Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Initials: Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.Initials:
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. 7.1 The Purchaser Owner acknowledges and agrees to provide to the Region with a written undertaking that there all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be a Subdivision Agreement at the sole risk and responsibility of the Owner.
7.2 The Owner acknowledges and xxxxxx agrees to include, in all offers of purchase and sale agreements, the following clauses:
(a) “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”.
(b) “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Overall Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.”
(c) “The lands in generalthe plan of subdivision may be exposed to noise, any other matter odour, and dust from nearby agricultural operations that may be deemed by the municipalities to inhibit or occasionally interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantsowners who may occupy these lands.”
(d) “The purchaser will be responsible for their proportionate share of future maintenance of the Stormwater Management Pond as determined through the Ontario Drainage Act, s17, RSO 1990.”
(e) “The purchaser will be responsible to maintain the grassed boulevard directly in front of and adjacent to their lot where they exist”
(f) “The home/business mail delivery will be from a designated Centralized Mail Box.
7.3 The Owner further agrees to officially notify the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.
7.4 The Owner agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and as shown on the approved plans.
7.5 The owner further agrees to:
(a) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision.
(b) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes.
(c) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision.
(d) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations.
7.6 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 there under of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser Owner acknowledges and agrees to provide to the Region with a written undertaking that there all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be a Subdivision Agreement at the sole risk and responsibility of the Owner. The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”. “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Overall Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and with the same remedies, as municipal taxes.” “The land in generalthe plan of subdivision may be exposed to noise, any other matter odour and dust from nearby agricultural operations and agricultural-related traffic that may be deemed by the municipalities to inhibit or occasionally interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantsowners who may occupy these lands.” “The lands in the subdivision may be exposed to noise and odour from nearby industrial/commercial uses and the Regional sewage pumping station on the east side of Four Mile Creek Road that may occasionally interfere with some activities of the owners who may occupy these lands.” “Servicing allocation for the subdivision will not be assigned until the Final Plan registered.” The Owner agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and as shown on the approved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the Community Mail Boxes and that mail delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. The Owner agrees to consult with Canada Post and the Town’s Operations Department to determine suitable permanent locations for the community mailboxes, which shall be included on appropriate servicing plans. The Owner further agrees to provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin, as well as the expected installation date(s) for the centralized Community Mail Box(es). The Owner shall include in all offers and agreements of purchase and sale or lease, a statement which advises the purchaser that mail will be delivered via community mail box. The owner also agrees to note the locations of all community mail boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the community mail box. The owner agrees to provide the following for each community mailbox site and to include these requirements on the appropriate servicing plans: Any required walkway across the boulevard, per municipal standards; Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications); and, A community mail box concrete base pad per Canada Post specifications.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a receipt of the following Warning Clauses and Notice Provisions: Schedules referred to in this Schedule “B” are from the Subdivision Agreement with the City which agreement will be registered against the propertyAgreement. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City Town of Whitby which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements agreement entered into between the Subdivider and the municipalities municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser purchaser acknowledges that there will be a Subdivision Agreement with receipt of the City which agreement will be registered against the property. following Warning Clauses and Notice Provisions: WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. 7.1 The Purchaser Owner acknowledges and agrees to provide to the Region with a written undertaking that there all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be at the sole risk and responsibility of the Owner.
7.2 That the subdivision agreement between the owner and the Town of Niagara-on-the- Lake contain a Subdivision Agreement clause prohibiting occupancy of the proposed dwellings prior to the owner receiving allocation of sanitary capacity for the proposed lots from Council, or prior to the Town receiving confirmation from the Niagara Region that the new Niagara-on-the-Lake Wastewater Treatment Plant is operational or identifying
7.3 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses:
(a) “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”.
(b) “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Overall Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. same remedies, as municipal taxes.”
7.4 The Purchaser Owner acknowledges and xxxxxx agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title development will receive mail delivery via lot line delivery to the Property, at the sole and absolute and unfettered discretion of a rural mail receptable supplied by the Owner. Purchasers/The Owner further agrees to provide notice to prospective purchasers and/or tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantslocation of the rural mail receptable.
7.5 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser acknowledges 7.1 That the owner provides a written acknowledgement to the Niagara Region Planning and Development Services Department stating that there draft approval of this subdivision does not include a commitment of servicing allocation by the Niagara Region as servicing allocation will not be assigned until the plan is registered and until the new Niagara-on-the-Lake Wastewater Treatment Plant is completed and that any pre- servicing will be a Subdivision Agreement at the sole risk and responsibility of the owner.
7.2 The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses:
(a) “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”.
(b) “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by same remedies, as municipal taxes.”
(c) “Due to the Purchaser proximity of the property. The Purchaser agrees Subdivision to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out nearby agricultural uses, noise, dust and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Propertyodours may, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellingstimes, noise levels from increasing road traffic be generated from nearby roadways agricultural uses and may be of concern occasionally interfering interfere with some activities of the dwelling occupantsowners who may occupy these lands.”
(d) “Servicing allocation will not be assigned until the Final Plan is registered.”
7.3 The Owner agrees, at the time of the installation of the sidewalks and/or curbs, to provide the Town with evidence that satisfactory arrangements have been made with the Canada Post Corporation for the installation of Community Mail Boxes, as required by Canada Post Corporation and as shown on the approved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the Community Mail Boxes and that mail delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes.
7.4 The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger- Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser Owner acknowledges and agrees to provide to the Region with a written undertaking that there all offers and agreements of purchase and sale which may be negotiated prior to registration of this Subdivision, shall contain a clause clearly indicating that a servicing allocation for this Subdivision will not be assigned until the Subdivision is granted final approval for registration and any pre-servicing will be a Subdivision Agreement at the sole risk and responsibility of the Owner. The Owner acknowledges and hereby agrees to include, in all offers of purchase and sale agreements, the following clauses: “The lands are subject to the payment of development charges in accordance with the City which agreement will be registered against Region and Town Development Charge By-laws in effect at the propertytime of payment. WEB COPY The Purchaser acknowledges that Development charges are payable prior to the subdivision agreements entered into between issuance of a building permit”. “If any change is made to the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside grading of the neighbourhood)Lot, noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, which in the absence opinion of door-to-door mail delivery, the absence of local or neighbourhood schools, Town is contrary to the location of “super mailboxes”, fencing, street trees, catch basins, all approved Grading Plan for the Lot (a copy of which may be included on obtained from the property or on Town), the boulevard adjacent Town may, at its sole discretion, enter upon the Lot and correct the grading deficiency and add the cost of effecting the correction to the propertyassessment roll for the Lot. Such cost shall constitute a special lien upon the Lot and may be collected in the same manner, and in generalwith the same remedies, any other matter that may as municipal taxes.” “Each Building Permit for single-detached dwellings shall be deemed reviewed for conformity with the Architectural Control/Urban Design Guidelines, and approved by the municipalities Director of Community and Development Services.” The Owner agrees, at the time of the installation of the sidewalks and/or curbs, to inhibit or interfere provide the Town with evidence that satisfactory arrangements have been made with the enjoyment by Canada Post Corporation for the Purchaser installation of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the VendorCommunity Mail Boxes, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by Canada Post Corporation and as shown on the subdivision agreementapproved plans. The Owner further agrees to provide notice to prospective purchasers and/or tenants of the location of the Community Mail Boxes and that mail delivery will be provided via Community Mail Boxes provided the Owner has paid for the activation of the equipment and installation of the Community Mail Boxes. The owner agrees to consult with Canada Post and the Town’s Operations Department to determine suitable permanent locations for the community mail boxes, which shall be included on appropriate servicing plans. The owner also agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all community mail boxes within the development, as approved by Canada Post and the Town’s Operations Department. The owner shall include in all offers and agreements of purchase and sale or lease, a statement which advises the purchaser that mail will be delivered via community mail box. The owner also agrees to note the locations of all community mail boxes within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to the Purchasercommunity mail box. The owner will provide a suitable and safe temporary site for a community mail box until curbs, sidewalks and final grading are completed at the permanent community mail box locations. Canada Post will provide mail delivery to new residents as soon as the homes are occupied. The owner also agrees to provide the following for each community mail box site and to include these requirements on the appropriate servicing plans: Any required walkway across the boulevard, per municipal standards Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications. A community mail box concrete base pad per Canada Post specifications The Owner acknowledges and hereby agrees that an electrical distribution line operating below 50,000 volts might be located within the Subdivision or in the vicinity of the Lands. Pursuant to the section entitled “Electrical Hazards” in Part II and Section 188 thereunder of Ontario Regulation 213/91 (amended to Ontario Regulation 627/05), as amended, being the Regulation relating to construction projects and made under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 as amended, no object shall be brought closer than 3 metres to the energized conductor. The Owner agrees that it is the Owner’s acknowledgment responsibility to be aware and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Regulation. The Owner acknowledges and hereby agrees that the electrical conductors could raise and lower without warning, depending on the electrical demand placed on the line. The Owner agrees to place warning signs on the wood poles supporting the conductors stating “Danger-Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors. That Xxxx’x Xxxx is restricted for access of receipt construction vehicles during the phasing of same failing which, the Purchaser development. Consideration will be deemed in default given to allow access through Xxxx’x Xxxx during the restoration and removal of the Agreement of Purchase and Saletemporary turning circle on Xxxx’x Xxxx. In Each building permit for single-detached dwellings shall be reviewed for conformity with the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this AgreementArchitectural Control/Urban Design Guidelines, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended approved by the Municipality, or are inadvertently omitted or misquoted by the Vendor Director of Community and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantsDevelopment Services.
Appears in 1 contract
Samples: Subdivision Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will development and/or site plan agreements to be a Subdivision Agreement entered into by the Vendor with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider of Toronto and the municipalities other approval authorities may require the Vendor to provide the Purchaser with certain noticesnotice regarding noise, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise vibration and/or air quality levels from adjacent roadways, noise railways lines and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the propertysources. The Purchaser agrees to be bound by the contents content of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and notice, whether given to the Purchaser at the time this Agreement is entered into, or at any time thereafter up to and including the Closing Date. The Purchaser covenants and agrees to execute execute, forthwith upon the Vendor’s request and at no cost to the Vendor, any acknowledgment confirming the Purchaser’s receipt of any such notice if and when required to do so by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which. In addition, the Purchaser is hereby notified as follows:
(a) The Purchaser may be inconvenienced by ongoing construction activities relating to the development of the Condominium and/or other construction activities of the Vendor with respect to other aspects of the CityPlace Project.
(b) The Purchaser is advised that noise levels from increasing road and rail traffic will continue to be of concern, occasionally interfering with some activities of the owners and occupants of the Unit as the noise level exceeds the City of Toronto’s and the Ministry of the Environment’s noise criteria.
(c) The Purchaser is advised that the Condominium is situated adjacent to the SkyDome, that the SkyDome is and will be deemed utilized by the general public for a variety of cultural, athletic, entertainment and recreation purposes and that events, including new events that may not have been held in default the past, may occur at all hours of the Agreement day or night that attract large and sometimes unruly crowds that create considerable noise and traffic in the vicinity. The SkyDome has a retractable roof which provides that events are held outdoors. Maintenance and operations of Purchase the SkyDome may occur at all hours of the day and Salenight. In As a consequence, the event any subdivision agreement or other developmentuses at the SkyDome may result in circumstances where noise levels, site plan or similar agreement lights, signage and crowds may interfere with the activities of owners and occupants of Units, both inside and outside the Condominium. The Purchaser specifically acknowledges and agrees that the operation of the SkyDome as aforesaid (including the choice of the SkyDome to keep the roof open for an event) is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are will not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive be a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been madenuisance. The Purchaser acknowledges and agrees that any this acknowledgement may be pleaded by the Vendor and/or the owner of the aforementioned notices SkyDome as a complete defense to any application or objection raised by the Purchaser in this regard.
(d) Canadian National Railway Company (CN) and warning clauses the Toronto Terminals Railway Company Limited (TTR) or their assigns or successors in interest have or may have rights-of-way within 300 meters of the Lands. There may be registered on title alterations to the Property, at the sole and absolute and unfettered discretion or expansions of the Ownerrailway facilities on such rights-of-way in the future, including the possibility that CN, TTR or their assigns or successors as aforesaid or GO Transit or VIA Rail Canada Inc. may expand their operations, which expansion may effect the noise, vibration and air quality attenuating measures in the design of the Condominium and the Units. Purchasers/tenants are Furthermore, the Purchaser is advised that despite diesel odours generated by the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways adjacent railway operations may be of concern occasionally interfering with some activities experienced in outdoor areas of the dwelling occupantsCondominium. CN, TTR, GO Transit and/or VIA Rail Canada Inc. will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over, or under the aforesaid rights-of-way.
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City which agreement will be registered against the property. WEB COPY The Purchaser acknowledges that the subdivision agreements entered into between the Subdivider and the municipalities may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupants.. The Purchaser shall execute any and all acknowledgments and releases required by the relevant governmental authorities in accordance with the provisions of this Agreement. The Purchaser is hereby notified of the following warning and notice clauses:
Appears in 1 contract
Samples: Purchase and Sale Agreement
WARNING CLAUSES. The Purchaser acknowledges that there will be a Subdivision Agreement with the City Town of Whitby which agreement will be registered against the property. WEB COPY The Purchaser further acknowledges this subdivision has been designed with sustainability in mind with respect to stormwater management, by incorporating what is referred to as a Low Impact Development Strategy, or LIDS. This is accomplished partially, by incorporating infiltration trenches in certain rear yards in the subdivision, to which the rainwater downspout for the rear half of the home is directed. Lot infiltration trenches are approximately located one meter from the rear and side property boundaries. Homeowners of a lot with an individual infiltration trench, shall agree that care must be taken in installing any accessory structures in the rear yard so as not to remove, disturb or disrupt drainage to the infiltration trench, or to disturb in any way, the integrity of the materials within this trench. The Purchaser/Tenant acknowledges receipt of the following Warning Clauses and Notice Provisions: The Purchaser acknowledges that the subdivision agreements agreement entered into between the Subdivider and the municipalities municipality may require the Vendor to provide the Purchaser with certain notices, including, but not limited to, land usage, maintenance of municipal fencing, school transportation (including the bussing or transportation of students to schools outside of the neighbourhood), noise levels from adjacent roadways, noise and/or vibration levels from nearby railway lines, the absence of door-to-door mail delivery, the absence of local or neighbourhood schools, the location of “super mailboxes”, fencing, street trees, catch basins, all of which may be included on the property or on the boulevard adjacent to the property, and in general, any other matter that may be deemed by the municipalities municipality to inhibit or interfere with the enjoyment by the Purchaser of the property. The Purchaser agrees to be bound by the contents of the subdivision agreements Subdivision Agreement or any other municipal agreement wherein such warning clauses are more fully set out and the Purchaser covenants to execute forthwith upon request by the Vendor, an acknowledgment of receipt by the Purchaser of such notices and/or an amendment to this Agreement including such warning clauses and all schedules, plans, statements attached to the agreement and as required by the subdivision agreement, and the Purchaser’s acknowledgment of receipt of same failing which, the Purchaser will be deemed in default of the Agreement of Purchase and Sale. In the event any subdivision agreement or other development, site plan or similar agreement is not registered as of the date of acceptance of this Agreement, and therefore the aforementioned notices and warning clauses are not yet available, or if after they are available, they are amended by the Municipality, or are inadvertently omitted or misquoted by the Vendor and if the Municipality requires the Purchaser to receive a copy of the aforementioned notices and warning clauses, then a copy of same as revised as necessary, shall be delivered to the Purchaser’s address as provided for in this Agreement or to the Purchaser’s solicitor and such delivery shall be deemed to constitute appropriate notification. Without limiting the generality of the foregoing, to the extent that any of the aforementioned notices and warning clauses are provided to the Purchaser by the Vendor after this Agreement has been made, such notices and warning clauses shall be deemed to have been included in this Agreement at the time that this Agreement has been made. The Purchaser acknowledges and agrees that any of the aforementioned notices and warning clauses may be registered on title to the Property, at the sole and absolute and unfettered discretion of the Owner. Purchasers/tenants are advised that despite the inclusion of noise control features in this development area and within dwellings, noise levels from increasing road traffic from nearby roadways may be of concern occasionally interfering with some activities of the dwelling occupantssame.
Appears in 1 contract
Samples: Purchase and Sale Agreement