Common use of DEVELOPMENT PARAMETERS Clause in Contracts

DEVELOPMENT PARAMETERS. 6.1. The Purchaser acknowledges, covenants and agrees: (a) To grade and sod the Purchased Lands and the boulevards fronting and flanking the Purchased Lands (if any) unless the Developer has sodded/hydro-seeded and graded same. The boulevards are to be landscaped to comply with the Development Standards, of the Municipality. (b) All construction must comply with the said Development Standards. Plans must be submitted and approved in writing by the Project Manager, in accordance with the Plan Approval Process as set forth in Schedule “B”, annexed hereto, prior to submission of the approved plans for a building permit. No building permits will be processed by the Municipality without the Project Manager's written approval. 6.2. The Purchaser further acknowledges, covenants and agrees that: (a) Before commencing the construction/erection of any building on any of the Purchased Lands and before applying to the Municipality for a building permit in connection therewith, the Purchaser shall notify the Vendor in writing of its intention to proceed with the construction and agrees to engage (at the Purchaser's sole cost) ▇▇▇▇▇▇ Consulting to set building and lot elevations. The Purchaser will erect the building(s) and facilities on the Purchased Lands in accordance with the Development Standards and complete all grading of the Purchased Lands in full and proper compliance with the elevations provided by ▇▇▇▇▇▇ Consulting; and the Purchaser will pay for any damages or costs which may result from a breach of this provision. (b) The Purchased Lands will be used for the sole and exclusive purpose of a commercial/industrial building as set out in the Purchaser's approved plans and specifications. The Vendor will not approve any plans for multi-unit buildings in excess of 3 units, intended either for sale as condominium units or to lease to tenants. (c) In constructing building(s) on the Purchased Lands, the Purchaser will comply with all applicable zoning and building by laws, and the Development Standards; (d) The Purchaser is responsible for the removal of earth from the Land and/or the securing of the required fill to bring the finished level of the Land to the required grade elevation; (e) The Purchaser will not deposit or store refuse, debris, soil, or other materials on any land in the Vendor's subdivision, including the Purchased Lands, and shall remove any materials so deposited within 48 hours of notice from the Vendor, failing which, the Vendor may remove such material at the cost of the Purchaser; (f) The Purchaser will keep down noxious weeds and will comply in all respects with the requirements imposed upon an owner and occupier of the land, under "The Noxious Weed Act" with respect to the Purchased Lands and shall indemnify and save harmless the Vendor from all costs and expenses and penalties, which may be imposed upon the Vendor in the event that the Purchaser is in default hereunder; (g) The Purchaser will pay the Vendor the cost of cleaning, replacement or repair of any damaged water and sewer lines, manholes, catch basins, water boxes, hydrants, valves, roadways, curbs, hydro works, surveyors marks, grade stakes, or other services on or adjacent to, or pertaining to the Purchased Lands, or elsewhere in the subdivision, which damage may be caused by the acts or omissions of the Purchaser or its workmen, agents, or by anyone for whom it is responsible, or by trucks making deliveries of materials to the Purchased Lands. The Vendor shall also be entitled to interest, calculated at the rate of ONE AND ONE-HALF (1.5%) percent per month, computed from the date that the cost is incurred, to the date of payment by the Purchaser. Prior to making a claim under this paragraph (g), the Vendor shall first obtain certification of cleaning, replacement or repair from the Project Manager, and notify the Purchaser in writing of the Vendor's claim that the Purchaser must be responsible for such repair. The Vendor shall then forthwith attend to such repair as soon as reasonably possible (weather conditions permitting) and invoice the Purchaser. (h) No Purchaser shall at any time cut or damage any roads or other services serving the Purchased Lands and, if at all possible, the Purchaser shall always install services under roads using trenchless methods as opposed to cutting through the surface of the road. If it is impossible or impractical to "push" such services under the roads, then the roads may only be cut or damaged after written permission from the Municipality is obtained to so do. Any open cuts shall be backfilled and remediated in accordance with the Municipal Road Standards. (i) The Purchaser acknowledges that it has read and understands Section 7 of The Workplace Safety and Health Act (Manitoba) (the "Workplace Safety Act") and agrees that it shall, at all times, comply with the Workplace Safety Act including, without limitation, its obligations as a prime contractor thereunder. The Purchaser further agrees that it shall and does hereby indemnify and save harmless the Vendor from any and all liabilities, damages, costs, expenses, causes of action, actions, claims, suits, judgments, fines and penalties which the Vendor may incur or suffer or be put to by reason of or in connection with or arising from any injury to any person, including death, occurring on or about the Purchased Lands or any non-compliance by the Purchaser with the provisions of the Workplace Safety Act or any regulation made thereunder. The Purchaser shall at all times following the date of this Agreement obtain and maintain at its expense comprehensive general liability insurance to protect and indemnify the Purchaser and the Vendor against claims for any injury or loss that may occur on or about the Purchased Lands, which insurance will be to a limit of at least $5,000,000.00 per occurrence, shall name the Vendor as an additional insured thereunder and shall provide for at least thirty (30) days prior notice to the Vendor by registered mail of any cancellation or expiration of or amendment to such insurance coverage. The Purchaser shall provide to the Vendor prior to the time that the Purchaser commences any work on the Purchased Lands, and thereafter as requested by the Vendor or upon renewal of any such insurance, a certificate evidencing such insurance to be in force and effect. (j) The Purchaser shall be responsible to control and, at its sole cost and expense, to initiate clean-up of the litter and refuse generated by its activity, both on-site and off-site, during the construction of buildings on the Purchased Lands. The clean-up of litter and refuse shall be done on a regular basis. Accordingly, the Purchaser shall ensure that commercial refuse containers are supplied, placed and maintained in close proximity to the Purchased Lands, during its construction of buildings.

DEVELOPMENT PARAMETERS. 6.1. The Purchaser acknowledges, covenants and agrees: (a) To grade and sod the Purchased Lands and the boulevards fronting and flanking the Purchased Lands (if any) unless the Developer has sodded/hydro-seeded and graded same. The boulevards are to be landscaped to comply with the Development Standards, of the Municipality. (b) All construction must comply with the said Development Standards. Plans must be submitted and approved in writing by the Project Manager, in accordance with the Plan Approval Process as set forth in Schedule “B”, annexed hereto, prior to submission of the approved plans for a building permit. No building permits will be processed by the Municipality without the Project Manager's written approval. 6.2. The Purchaser further acknowledges, covenants and agrees that: (a) Before commencing the construction/erection of any building on any of the Purchased Lands and before applying to the Municipality for a building permit in connection therewith, the Purchaser shall notify the Vendor in writing of its intention to proceed with the construction and agrees to engage (at the Purchaser's sole cost) ▇▇▇▇▇▇ Consulting to set building and lot elevations. The Purchaser will erect the building(s) and facilities on the Purchased Lands in accordance with the Development Standards and complete all grading of the Purchased Lands in full and proper compliance with the elevations provided by ▇▇▇▇▇▇ Consulting; and the Purchaser will pay for any damages or costs which may result from a breach of this provision. (b) The Purchased Lands will be used for the sole and exclusive purpose of a commercial/industrial building as set out in the Purchaser's approved plans and specifications. The Vendor will not approve any plans for multi-unit buildings in excess of 3 units, intended either for sale as condominium units or to lease to tenants. (c) In constructing building(s) on the Purchased Lands, the Purchaser will comply with all applicable zoning and building by laws, and the Development Standards; (d) The Purchaser is responsible for the removal of earth from the Land and/or the securing of the required fill to bring the finished level of the Land to the required grade elevation; (e) The Purchaser will not deposit or store refuse, debris, soil, or other materials on any land in the Vendor's subdivision, including the Purchased Lands, and shall remove any materials so deposited within 48 hours of notice from the Vendor, failing which, the Vendor may remove such material at the cost of the Purchaser; (f) The Purchaser will keep down noxious weeds and will comply in all respects with the requirements imposed upon an owner and occupier of the land, under "The Noxious Weed Act" with respect to the Purchased Lands and shall indemnify and save harmless the Vendor from all costs and expenses and penalties, which may be imposed upon the Vendor in the event that the Purchaser is in default hereunder;and (g) The Purchaser will pay the Vendor the cost of cleaning, replacement or repair of any damaged water and sewer lines, manholes, catch basins, water boxes, hydrants, valves, roadways, curbs, hydro works, surveyors marks, grade stakes, or other services on or adjacent to, or pertaining to the Purchased Lands, or elsewhere in the subdivision, which damage may be caused by the acts or omissions of the Purchaser or its workmen, agents, or by anyone for whom it is responsible, or by trucks making deliveries of materials to the Purchased Lands. The Vendor shall also be entitled to interest, calculated at the rate of ONE AND ONE-HALF (1.5%) percent per month, computed from the date that the cost is incurred, to the date of payment by the Purchaser. Prior to making a claim under this paragraph (g), the Vendor shall first obtain certification of cleaning, replacement or repair from the Project Manager, and notify the Purchaser in writing of the Vendor's claim that the Purchaser must be responsible for such repair. The Vendor shall then forthwith attend to such repair as soon as reasonably possible (weather conditions permitting) and invoice the Purchaser. (h) No Purchaser shall at any time cut or damage any roads or other services serving the Purchased Lands and, if at all possible, the Purchaser shall always install services under roads using trenchless methods as opposed to cutting through the surface of the road. If it is impossible or impractical to "push" such services under the roads, then the roads may only be cut or damaged after written permission from the Municipality is obtained to so do. Any open cuts shall be backfilled and remediated in accordance with the Municipal Road Standards. (i) The Purchaser acknowledges that it has read and understands Section 7 of The Workplace Safety and Health Act (Manitoba) (the "Workplace Safety Act") and agrees that it shall, at all times, comply with the Workplace Safety Act including, without limitation, its obligations as a prime contractor thereunder. The Purchaser further agrees that it shall and does hereby indemnify and save harmless the Vendor from any and all liabilities, damages, costs, expenses, causes of action, actions, claims, suits, judgments, fines and penalties which the Vendor may incur or suffer or be put to by reason of or in connection with or arising from any injury to any person, including death, occurring on or about the Purchased Lands or any non-compliance by the Purchaser with the provisions of the Workplace Safety Act or any regulation made thereunder. The Purchaser shall at all times following the date of this Agreement obtain and maintain at its expense comprehensive general liability insurance to protect and indemnify the Purchaser and the Vendor against claims for any injury or loss that may occur on or about the Purchased Lands, which insurance will be to a limit of at least $5,000,000.00 per occurrence, shall name the Vendor as an additional insured thereunder and shall provide for at least thirty (30) days prior notice to the Vendor by registered mail of any cancellation or expiration of or amendment to such insurance coverage. The Purchaser shall provide to the Vendor prior to the time that the Purchaser commences any work on the Purchased Lands, and thereafter as requested by the Vendor or upon renewal of any such insurance, a certificate evidencing such insurance to be in force and effect.at (j) The Purchaser shall be responsible to control and, at its sole cost and expense, to initiate clean-up of the litter and refuse generated by its activity, both on-site and off-site, during the construction of buildings on the Purchased Lands. The clean-up of litter and refuse shall be done on a regular basis. Accordingly, the Purchaser shall ensure that commercial refuse containers are supplied, placed and maintained in close proximity to the Purchased Lands, during its construction of buildings.