“9

(ce) AlL expenses ana costs which may be-incurred by reason of
liens for non=paysent of labour or Raterdals, worksen's compensation
assessinta, unemploycent insurance, Federal or Provincial Tax, cheek=

off and fer encroachzents owing to mistakes in survey,

Permission for Construction of Works:

23. The Municipality hereby covenants and agrees with the Developer
te permit the Developer to perforn ali the said work upon the terna and

conditions heveia contained.

Schedules Part of Contract:

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

to are hereby incorporated into and made part of this Centract,

Granting of Cecusancy Permits

25. Notwithstanding any provisions of this Contract hereinbefore

contained and notwithstanding the provisions of the Building Ey-law of
the Municipality and anendrents thereto end of Section 714(k) of the
"Municipal Act", R.S.B.C. 1969, Chapter 255 and anendments thereto, the
Developer covenants and agrees that the Municipality may withhold the
Stenting of an occupancy permit for the oceupancy and/or use of any
building or part thereof constructed upon the said lands, until all ef
the works herein have been completed to the satisfaction of the Municipal
Engineer,

Standards of Construction:

26. It io understood and sgreed that the intent of this Land Use
Contract {5 that the Developer shall construct fully completed works and
grane eft necessary easements as shown in the plana, specifications and
Particulars, as set out herein, which are co Municipal standards and are
approved by the Muntcibal Engineer and which, in the discretion of the
Municipsl Engineer, vay be varied because of conditions at ‘the site so
that the works tenet oh and operate in a manner satisfactory to the
Municipal Engineer; ard 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 Municipal Engineer price to completion, then the
Developer shall, at his own expense, modify and reconstruct the said

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

the satisfaction of the Municipal Engineer.

Certificate of Cowpletion:

27. Upon the fasuance of the Certificate ef Completion the Municipality
will return the securitics required to be deposited by the Developer
pursuant to Section 13 (Performance Bend) or such part as is represented
by the Certificate of Completion in question.

Release of Maintenance Rond: "

28. Upon the Municipal Engizcer being satisfied that the Developer
has complied with Section 15 (Maintenance Bond) the Enginecr wilt. upon
the expiry of one (1) year, taue 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 return the securities required to be deposited by the

Developer pursuant to Section 15 herein.

Cost of Developnent:
30. The entire cost of the developzent including the provision of
all services and the provision and conatruction of the works deseribed

herein shall be paid by the Ueveloper.

Representations and Warranties, etc.?
31. Tt is understood and agreed thet the Munteipality has sade no
representations, covenants, warranties, guarantees, promises or egtcescnts

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

Repistration: .

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, pursdant to the provisions of
Section 702A(4) of the "Municipal Act".

Interpretation:

33. Wherever the singular or masculine is used herein, the sane
shall be construed as meaning the plural, fentnine or body corporate or

politic where the Contract or the parties so require.

Binding:

34. This Contract shell enure to the benefit of and be binding

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

successors and azsigns. a