shuuld such etera sewer not be constructed within a 3-year period from the date withhold the granting of an occupancy permit for the occupancy and/or

of signing this Land Use Contract the said $44,000.00 shall be refunded to the

Developer.

15. The Developer covenants and agrees not to deposit any material or
debris upon any roads during the construction of the said work and to
continuously carry on the construction of the said work in a good and
Proper worrnaniike sauner causlug as little disturbance to neighbouring
properties as is reasonable under the circumstances. In the event that
ary material or debris should be deposited upon any roac during the
construction of the vork or should the censtruction by the Developer
constitute a nuisance to neighbouring Properties of the work the Developer
covenants end agrees that the Municipality may forthwith remove such
waterfal or debris or put right such nuisance at the expense of the
Developer, the cost thereof to be determined by the Engineer. In the

event that construction of the work ceases for any period cf time in

excess of thirty days the Developer covenants and agrees that the Municipality

nay forthwith enter upon the property and construct thereon a solid

board fence not greater than eight feet in height nor less than six feet
in height surrounding the entire perizeter of the project and that in so
doing the Municipality accepts no responsibility for the suitability or

adequacy of the said fence erected for the benefit of the said Developer

and for which the Developer covenants and agrees to accept full responsibility

and to save harmless the Municipality from each and every action and

claim which ray be brought or arise as a result thereof, In the eveat

that any invoice of rhe Municipality for the remove. of such material or
¢ebris cr construction of the fence shall remain uroaid after thirty

days of receipt of the same by the Developer the Municipality is authorized
te deduct the amount of such invoice from the deposit referred to in
Section 14 hereof.

16. : Subject to chi agreement, the within works and the development
herein shail comply with al) the By-laws of The Corporation of the City

of Port Coquitlan.

17. Notwithstanding any provisions of this contract hereinbefore contained
an@ notwithstanding the provisions of the "City of Port Coquitlam Building
aad Plutbing Code Administration By-law, 1974, No. 1298" and of Section
714(x) of the "Municipal Act", R.S.B.C., 1960, Chapter 255 and arendments

‘thereto, the Developer covenants and agrees that the Municipality may

use of any building or part thezeof, constructed upon the said lands

until all off the works herein huve been completed to the satisfaction

of the Fngincer.

18. (a) The Developer agrees to pay all arrears of taxes outstanding
against the property herein described before the fornal approval
of the said scheme of use and development upon the land is
given.

The Developer furcner «ndertakes to pay all curreat taxes
levied or to be levied on the said lands on the basis aad in
accordance with the assessment and collector's roll entries.

19. The Developer covenants to save harmless and effectually indennify

the Municipality against:

(a) All actions and proce-dinzs costs, damages, expenses, clains
and demands whatsoever ang by whomsoever brought by reason of
the construction of the said works.
ALL 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,

All expenses and costs which may be tncurred by reason of

liens for non-payment of labour or Raterials, worknen's

ip tion, S, unemployment insurance, Federal or
Provincial Tax, check~eff and for encroachments oving to nis~

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 teras and

conditions herein contained.

21, It ds understood and agreed that the intent of this Lind Use Contract
is that the Developer shall construct fully conpleted works, and graat
ail necessary easements as shown in the Plans, specifications, and
Particulars as set ovt in the Schedules which are to Municipal standards
and are approved by the Engineer, and which in the Giscretion 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