stances, In the event that any material or debris should be deposited upoa any

road during the construetion of tha work or should the. construction by the Developers

constitute s 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 che expense of the Developer, the cost thereof to be
determined by the Engineer, In the avent that construction of the work ceases for
any period of time in excess of thirty days the Develcpers covenant end 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 ;enner thet the public
is protected from all hazards assor dated with an unfinished or ancomplete building.
In the event that any invoice of the City for the removal of such material or
debris or construction of the fence shall remair uapaid after thirty days of
receipt of the same by the Developers the City is authorized to deduct the amount
of such invoice from the deposit referred to in Paragrsph 10 hereof.
14, Subject to this Land Use Contract, the within works and the development
herein shall comply vith all City By~lavs and with the Provisions of the relevant
Statutes.
15. Notwithstanding any of the provisions of this Land Use Contract and
notwithstanding the provisions of any City By-law or Statute applicable thereto,
the Developers covenant and agree that the City may withhold the Srenting of an
Occupancy permit for the Occupancy and/sr use of any building or part thereof .
Constructed upon the said lands until all of the vorks herein have been completed
te the satisfaction of tha City Engineer,
16. (a) The Developers agree to Pay all arrears of taxea outstanding against
the property herein described,

(>) The Developers further undertake to psy all current taxes levied or to
be levied on the said lands on the basis and in accordance with the assessment

and collector's roll entries,

1?. The Developers covenant to save harmless and effectually indemnify
the City againsc:

(8) ALL actions and Proceedings, costs, damages, expenses, claims and

demands whatscever and by wh broughs by : of the construction of

the said works.

(b) ALL expenses and costa which may be incurred by reason of the execution

of the said vorke reaulting in damage to aay property owned in whole or in part

~6- :

b° the City or which the City by duty or custom ig obliged, directly or
indirectly, in any vey or to any degree, to construct, repair or maintain.

(c) ALL expenses and Costs which may $s incurred by reasons of liens

for non-payment of labour or materfals, worknen's Ip on e ts,
unemployment insurance, Federal or Provineial Tax, check-off and for encroach~-
ments owing to mistakes in aurvey,

418, The City hereby covenants and agrees with the Developers to permit

the Developers to perform all the said work upon the terms and conditions herein
contained,

19, Tt is understood and agreed that the intent of this Lend Use Contract

ie that the Developers shall construct fully completed vorks, and grant all
necessary easements as show in the plans, Specifications, and particulars as
set out in the Append{x which is to City standards and is approved by the City
Eogineer, and which in the discretion of the City Engineer may be varied
beccuse of conditiong at the site, so that the works function and operate in a4
manner eatisfactery to the 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 City Engineer prior to completion, then the Developers
shall, at his om expense, modify and reconstruct the said works so that the
said works shall be fully operative and function to the satisfaction of the
City Engineer,

20. It 4s understood and agreed that the City has made no representations,
covenants, warranties, guarantees, promises or agreenents (verbel or othervise)

with the Developers other than those in this contract.

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 Ciry Pursuant to the provisions of Section 702A (4) of the
“Municipal Act",

22, Wherever the efagular or masculine fs used herein, the anne shall de

Interpretation

Conatrued as meaning the Plural, feminine or body corporate or politic where

the contract or the parties so require,

23, This agreement shall enure to the benefit of and be binding upoa the

Parties hereto and their reepective heirs, executors, administrators » Successors

and assigns,