~9- ;
tc) All expenses and costs which nay be ‘incurred by reason of
Stens for nonpayment of labour or materials, workmen's- compensation.
assessnents, unemployment insurance, Federal or Provincial Tax, check~
off and for ancroachments owing to mistakes in survey,

Permission for Construction of Works:

23. 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.

Schedules Part of Contract:.

‘2. The said Schedules "A" to "ptt daclusive, hereinbefore referred
to are hereby incorporated into and made pert of this Contract.

Granting of Occupancy Permit:

25. Notwithstanding any provisions of this Contract hereinbefore
contained and notwithstanding the previsions of the Building By-law of
the Municipality and amendments thereto and of Section 714 tk) 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, until all of
the works herein have been completed to the satisfaction of the Municipal

Engineer.

Standards of Construction:
Sretcards of Construction:

26, It is understood and agreed that the intent of this Land Use
Contract. {s that the Developer shall construct fully completed works and
“grant all hecessary easements as shown in the Plans, specifications and
particulars, as set out herein, which are to Municipal atandards and are
spproved by the Municipal Engineer and which, in the discretion of the
Municipal Engineer, may be varied because of conditions at the site so
that the works function and operate in a manner satisfactory to the
Municipal Engineer; and should the vorks Provided to be constructed
herein prove to be in any way defective or should they not operate to
the satisfaction of the Municipal Engineer prior to completion, then the
Developer shall, at his own expense, modify and reconstruct the said

works so that the satd works shall be fully operative.and functicn to

the satisfaction of the Municipal Engineer.

-lo-'

Certificate of Completion:

27, Upon’ the issuance of the Certificate of Completion the Municipality
will return the securities required to be deposited by the Developer
pursuant to Section 13 (Performance Bond) or such part as ts Tepresented
by the Certificate of Completion in question.

Release of Maintenance Bend:

28. Upot the Municipal Engineer being satisfied that the Developer
has complied with Section 1S (Maintenance Bond) the Engineer will, upon
the expiry of one (1) year, issue a Certificate verifying the fact of
apparent compliance {hereinafter called a “Certificate of Acceptance"),
Certificate of Acceptance:

23. Upon the issuance of ‘the Certificate of Acceptance, the
Municipality will return the securities required to be deposited by the
Developer pursuant to Section 15 herein,

Cost of Development:

30. . The entire cost of the development includirg the provision of
all services and the provision and construction of the works “described
herein shall be paid by the Developer.

Representations and Warranties

31. Té 1s understood and agreed that the Municipality has rade ro
representations, covenants, warranties, guarantees, promises or apreements
(verbal or otherwise) with the Developer other than those in this Contract.
Registration: .

32. This Contract shall have the force and effect of &@ restrictive
covenant running with the land and shall be registered fn the Land
Regiatry Office by the Municipality, pursuant to the provisions of

Section 702A(4) of the “Municipal Act",

Interpretation: :

33. Wherever the singular or masevline is used herein, the sane

shall be construed as weaning the plural, feofnine or body corporate or

politic where the Contract or the Parties so require.
Binding:
34, This Contract shall enure to the benefit of and be binding

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

successors and assigns,

OSS UR toe aer amen once eniow nee