16. Subject to this agreement, the within works and the development

herein shall comply with all the By-laws of The Corporation of the City
of Port Coquitlan.

17. Notwithstanding any provisions of this contract hereinbefore contained

and notwithstanding the provisions of the "City of Port Coquitlam Building

and Plunbing Code Administration By-law, 1974, No. 1298" and of Section

714(k) of the "Municipal Act", R.S.B.C., 1960, Chapter 255 and amendments
thereto, the Developer covenants and agrees that the Municipality may
withhold the granting of an occupancy permit for the occupancy and/or
use of any building or part thereof, constructed upon the said lands
uatil all off the works herein have been completed to the satisfaction
of the Engineer.

18. (a) The Developer agrees to pay all arrears of taxes outstanding

against the property herein described before the formal approval
of the said scheme of use and development upon the land is
giver.

(b) The Developer further undertakes to pay all current taxes
levied or to be levied on the said lands on the basis and in
accordance vith the assessment and collector’s roll entries,

19. The Developer covenants to save harmless and effectually indemnify

the Municipality against:

(a) All actions and proceedings costs, damages, expenses, claings

and d ds what. ex and by wh brought by reason of
the construction of the said works.

(b) ALI expenses and costs which may be incurred by reason of the
execution of the said works resulting in damage to any property
owned in whole or in part by the Municipality or which the
Municipality by duty or custom is obliged, directly or indirectly,
in any way or to any degree, to construct, repair or maintain.

(c) All expenses and costs which may be incurred by reason of

liens for non-payzent of labour or materials, vorknen's

P ton, &, unemployment insurance, Federal or

Provincial Tax, check-off and for encroachments owing to mis-

takes in survey.

20. The Municipality hereby covenants and agrees with the Developer to

- permit the Developer to perform all the said work upon the terns and
conditions herein contained.

21, Ie is understood and agree thet the intent of this Land Use Contract
is that the Developer shell construct fully cozpleted works, and grant
all necessary easements as shown in the plans, specifications, and
particulars as set out in the Schedules which are to Municipal standards
and are approved by the Engineer, and which in the discretion of the
Engineer may be varied because of conditions at the site, so that the
works function and operate in a manner satisfactory to the Engineer and
should the works provided to be constructed herein prove to be in any

way defective or should they not operate to the satisfaction of the
Engineer prior to completion, then the Developer shall, at his own
expense, modify and reconstruct the said works so that the said works
shall be fully operative and function to the satisfaction of the Engineer.
22. It is understood and agreed that the Municipality has made no
vepresentations, covenants, warranties, guarantees, promises or agreenents
(verbal or otherwise) with the Developer other than those in this Contract.
23, The appendices and Schedules hereinbefore referred to are hereby
incorporated into and made part of this agreement,

24, This agreement shall have the force and effect of a restrictive
covenant running with the land and shall be registered in the Land
Registry Office by the Municipality pursuant to the provisioas of Section
702A(4) of the "Municipal Acc",

25. Wherever the aingular or masculine is used herein, the sane shall

be construed as meaning the plural, feminine cr body corporate or politic
where the contract or the parties so require.

26. This Agreement shall enure to the benefit of and be binding upon

the parties hereto and their respective heirs, executors, adninistrators,

successors and assigns.

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