stences. in the event that any material or debris should be deposited upon any

road during the construction of the work or should the. construction by the Developeca

constitute a nuisance to neighbouring properties of the work the Developers
covenant and agree that the City may forthwith remove such material or debris or
put right such nuisance at the expense of the Developer, the cost thereof to be
deteroined by the Engineer. In the event that construction of the work ceases for
any period of time in excess of thirty days the Developers covenant and agree that
the City may 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 perimeter of the project in such a manney that the public
is protected from sll hazards aesociated with an unfinished or inceuplete building,
In the event that any invoice of the City for the removal of such material or
debris or conatruction of the fence ahall remain unpaid after thirty days of
receipt of the same by the Developers the City ia authorized to deduct the amcunt
of such invoice from the deposit referred to 4n Paragraph 10 hereof.
16. Subject to this Land Use Contract, the within works end the development
herein shall comply with all City By-laws and with the provisions of the relevant
Statutes.
15. Notwithstanding any of the Provisions of this Land Use Contract and
Botwithstanding the provisions of any City By-law or Statute applicable thereto,
the Developers covenant and agree that the City may withhold the granting of an
Occupancy permit for the occupancy and/or use uf any building or part thereof,
soustructed upon the said lands until all of the vorks herein have been completed
to the satisfaction of the City Engineer,
16. (a) The Developers agree to pay all arreare cf taxes outstanding egainat
the property he. in described.

(b) The Developers further undertake to pay all current taxes levied or to

be levied on the safd lands on the basis end in accordance with the assesseent

and collector's roll entries.

17. The Developers covenant to save harmless and effectually indemnify
the City against:
(a) All actions and proceedings, coste, damagea, expenses, claims and
demands whatsoever and by whomsoever brought by reason of the construction of

the satd works. . :

(>) All expenses and costs which may be incurred by reason of the execution

+ of the said vorks resulting in denage to any property owned in whole or in part

RI RIAL woe Fae ERR nH he EE,

Intespretation

-~6-
by the City or which the City by duty or custom ie obliged, directly or
indirectly, in any way or to any degree, to construct, repair or maintain,

(c) All expenses end costa which may be incurred by reasons of liens

for non~payment of labour or materials, workmen's pensation $ Sy

unemployment insurance, Federal or Provincial Tax, check-off and for encroach-

ments owing to mistakes in survey. .
18. The City hereby covenante and agrees with the Developemto permit
the Developezs to perform 211 the said work upon the terms and cenditions herein

contained, .

219. Tt is understood and agreed that the intent of this Land Use Contract
is that the Developera ghall Construct fully completed works, and Brant all
necessary eesementa as shown in the plans, specifications, and particulars as
set out in the Appendix which is to City standards and is approved by the City
Engineer, and which in the discretion of the City Engineer may be varied
because of conditions at the site, so that the works function and operate in «
manner satisfactory to tha City Engineer and should the works proposed to be
constructed herein prove to be in any way defective or should they not operate
to the satisfaction of the tity Engineer prior to completion, then the Developers
shall, at his owa expense, modify and reconstruct the said vorks so that the
said works shall be fully operative and function to the satisfaction of the
City Engineer,

20, It is understood and agreed that the City has msde no vepresentations,
covenants, warranties, guarantees, promises or agreemento (verbal or otherwisa)
with the Developers other than those in chis coatract. .

21. This agreement shall have the force and effect of a restrictive

Registration

Covenant running with the land and shall be registered in the Land Registry
Office by the City Pursuant to the provisions of Section 702A (4) of the
"Municipal Act”,

22, Wherever the singular cr masculine is used herein, the same shall be
construed as meaning the Plural, feminine or body corporate or politic where
the contract or the parties go require. :

23. This agreement shall enure to the benefit of and be binding upon the

parties hereto and their iva hefra, ors, adninistrators, successors

and gasigne.

PAROS RAEN Ol ON te Ae et ae the Sate aie ae we ee