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

liens for non-payment of labour or materials, workren's ‘compensation -

assessnents, unemployment insutance, Federal or Previnetal Tax, check+
off and for encroachnents owing to mistakes in survey,

Fermission for Construction of Works:

23. The Munieipality hereby covenants and agrees with the Developer

to permit the Developer to perform all the said work upon the terms and

conditions herein contained.

Schedules Part of Contract:.

24, The said Schedules "A" to "D" inclusive, hereinbefore referred

to are hereby incorporated into and made part of this Contract.

Granting of Occupancy Permic:

25.

Notwithstanding any provisions ef this Contract hereinbefore
contained and notwithstanding the provisions of the Building By-law of
the Municipality and amendments thereto and of Section 714 (k) of the
"Municipal Act", R.S.3.C. 1960, Chapter 255 and azcndments thereto, the
Developer covenants and agrees that the Municipality may withhold the
Srenting of an occupancy permit for the oecupancy and/or use of any
building or part thereof constructed upon the said lands, until all of

the works herein have been cempleted to the satisfaction of the ¥

Municipal
Engineer.
Standards of Constrstion: ‘
26. It is understood and agreed that the intent of this Land Use

Contract is that the Developer shall construct fully completed works and

grant all necessary easernents as shown in the Flans, specifications and
particulars, as set ost hereia, which are to Municipal Standards and ere

approved by the Municipal Engineer and which, in the discretion of the

Vunicipal Engineer, may be varied because of conditions at the site so

that the works function and cperate in a manner satisfactory te the

Municipal Engineer; and should the vorks provided to be constructed

herein prove to be in ahy way defeccive or should they not operate to

the satisfaction of the Municipal Engineer prior te coapletien, then the
Teveleper shall, at kis om expense, modify and reconstruet the said

works so that the said works shall be fully operative and function to

the satisfaction of the Municipal Engineer.

Certificate of Completion:

f

2?. Upon’the issuance of the Certificate of Completion the
will return the securities required to be deposited by the Developer
pursunnt to Section 13 (Performance Bond) or such part as fe represented
by the Certificate of Completion in question.

Release of Maintenance Bond:

———

28. Upon the Municipal Engineer being satisfied that the Developer

has complied with Section 15 (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:

29. Upon the issuance of the Certificate of Acceptance, the
Municipality will retura the securities requized to be deposited by the

Developer pursuant to Section 15 herein.

Cost of Development:

all services and the provision and construction of the works described
herein shall be paid by the Developer. °

Representations and Warranties

2 ete.: -

31, Té is understood and agreed that the Municipality has made no
representations, covenants, warranties, guarantees, pronises or agreenents

(verbal or otherwise) with the Developer other than those in this Coatrace.

Registration:

32, This Contract 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 provisions of

Section 702A(4) of the "Municipal Act".

Interpretation:

33. Wherever the singular or masculine is used herein, the sexe
shall be construed as neaning the plural, feninine or body corporate or

politic where the Contract or the Parties so require.

Binding:

34, This Contract shall enure te the benefit of and be binding

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

successors and assigns.

Municipality