1 i i i { { : } TIS AGRETHENT wade the day of e ADL Sy ROTHER: THE CORPORATION OP TiTE CITY OF PoRT Coquitiam, a cde incorporated und. Province of B. ite offices a City of Port British co}; (hereinafter called the "City*) OF THE PIRST PART, (hereinafter called the “Daveloper"} : OF THE SSCOND PART: WHEREAS the Developer desires to develop certain lands and premisos within the City of Port Coquitlea, in the Provinca of Seitieh Columbia, and more pacticularly known. and cascribed as: which lends shall hereinafter be refarred to as "the lands; AND WITEREAS the Developer desires to subdivide the lends and has subaitted a Plan of subdivision to the Appreving Officer of tha City for approval, before completing the construction and inatallation of all works and services required by such : subdivision: AND WHEREAS the Developer Proposes to constrict and inatall « complete eyatom of worka and services required fs connection with the said subdi to the jet forth in the "City of Port Coquitlam Subdivision of Land -By~law, 2970, No, 9$2,* an amended, upon # portion of the said lands to be dedicated as public highway and @laevhere; acts, caeda, rig ays a and for the more effectual carrying out of thie Agreement. 2} The Developer shall complete the construction and installation of the works herein specified to the satiofaction of the City Engineer by the Gay of - RD, 2D . 4. ‘The Developer covenants and agrees to; and co do 421 the work not in ance with plans and specifications (hereinafter referred to) Se approved by the City Engineer, prior to tho qxanting of . formad subdivision and other necessary approvals by the appropriate officer of the City, and te make all Paymenta to the City provided for in this agreement. If, in the opinion of the City Engineer, the work te not being carciad out with due diligence, tha City Engineer asy. in writing, order the Devaloper tr enploy additional workmen, machinery, tools, plant, equigment, materiale, articles and things deamed necessary by the City Engiueer, for the Giligent advancement of the work, and the workmen so provided whall be subject to discharge by the Developer only with the consent of the City fngineer, 5. Aa security for thes due and Proper performance of all of ths covenanta and dn this @ontalned, the Developar has forthwith deposited with the City by the sum of Dollars drawn on the Branch, British Columbia, The Developer agreaa that Sf the works are not AND WHERZAS the Devoloper has agracd to aerign and transfer unto the City all of its right, title and ineeroat in the works, an they are constructed, free and clear of any encusbrencas, for the City's ovn and unfettered use absolutely; wow RE this agre wd that fa con- sideration of the Premises and in 4 t of the A by the City to permit the construction of the works, the Developer covenante and Sgrees as follows: i. In this unless the xvequire “Complete* or *Completion* these vords wh: “Contract® or “Agreement” shail be construed to Bean thie Azreunent. “City Engineer* shall be construed to mean ang dnclude the City Engineer for the City snd his duly authorized assistants or such Consulting or other Profassional Engineers as may be appointed to act for the City. . 2 The Developer covenants and agrees with the City to aseign, transfor and convay to the City all of ica right, title and interest in the works and any and all of tie lands, wave and except the on-site landscaping and thosa lands dedicated for reads vhich shali bocone Crown lands, upon or tn which the works are rituate, Upon the campletion of the works, and the Developer will fron time to time and at alt tines @o long as it exercises ny righta of ownership in the lances upon the request of the City, make, do and execute or cause of procure to be made, done ond executed, ala such further ~4- corpieted pursuant ep Parayraph 3 hereto, the City may enter Upon the lands end complete the works at the cost of the Oov iloper and deduct fzom the deposit held by the City the cost of such completion, and the balance of the deposit shall de returned to the Osveloper, lesa any additional acminiatration fees or costs required. If there ia ineuffictent monay on deposit with the City, then the Oaveloper will pay such daficiency to the City dmediately upon receipt of the City's bill for Completion, It is understood that the City may do auch work @ither by iteale or by Contractors anployed by the City, Xf the vorks are compinted as herain Provided, than the Geposit shall be raturned to the Developer, ‘. It is understood and creed that the intant of this Agreement ie that the Davelopar shall construct fully completed works, and grant all necessary easementa as shown in the plane and specifications Prepared by and as approved by the Engineering Department of the City on the day of A.D. 19°) which are to City standards and are “ppraved by the City Engineer and which in the discretion of the City Engineer may be varied because of conditions at the site, oo that the works function and operate in a manner eatiofantory ta the City Engineer and should the works Provided to be constructed herein prove to be in any way Selective or should they not operate to the satisfaction of the City Enginear prior to complation, then the Developer shail, at its on expense modify and reconstruct the works @o thet the works shall be fully opecative and function te the satiafaction of the City Engineer, such satialaction to bs indicated by a Certificate of Completion, signed by , the City Enginser,