should uuch storm sewer not be constructed «ithin a 3-year period from the date

of signing this Land Use Contract the said $44,000.00 shal2 be refunded to the

Developer,

15. The Developer ccvenants and agrees not to dcposit any material or
debris upon any roads during the construction ef the said work and to
centinuously carry on the construction of the said work in a good and
proper workranlike manner causing as little disturbance to neighbouring
properties as is reasunable under the circumstances. In the event that
any material or debris should be deposited upon any rvad during the
construction of the work or should the construction by the Developer
constitute a auisance to neighbouring: properties of the work the Developer
Covenants and agrees that the Municipality may forthwith remove such
materfal ar debris or put vight such nutgsance at the expense of the
Developer, the cost thereof to be gaternined by the Engineer. In the

event that construction of rhe work ceases for any period of time in

excess of thirty days the Developer covenants and agrees that the Municipality

may forthwith enter upon the Property and construct thereon a solid

board fence not greater than eight fect in height nor less than six feet
in height surrounding the entire perineter of the project and that in so
Coing the Municipality accepts no responsibility for the suitability or

acequacy ef the said fence erected for the benefit of tha said Developer

and for which the Beveloper covenants and agrees to accept full responsibility

and te save harmless the Municipality fron each and every action and

1 wiich may be brought or arise as a result thereof. In the event

that any invoice of rhe Municipality for the removal of such material or
debris or construction of the fence shall renain unpaid after thirty

Gays of receist of the same by the Developer the Municipality is authorized

to deduct the azount of such invoice from the deposit referred to in

Section 14 hereof.

16... Subject to: rhis agreement, the within works and the development
herein ghall comply with all the By-laws of The Corporation of the City

of Port Coquitlam. ‘

i7. Notwithstanding any provisions of this contract hereinbefore contained
ang notwithstanding the provisions of the "City of Port Coquitian Building

and Piunbing Code Administration By-law, 1974, No. 1298" and of Section

24(x) of the R.S.B.C., 1960, Chap 255 and

‘thereto, the Developer covenants and agrees that the Municipality may

withhold the granting of an occupancy permit for che octupancy and/or

use of any bullding or part thereof, constructed upon the said lands

until ail off the works herein have been completed to the satisfaction
of the Engincer.

18. (a) The Developer agrees. to pay all arrears of taxes outstanding
against the property herein described before the formal approval
of the said scheme of use and developmeat upon the land is
given.

The Developer further undertakes to Pay all currence taxes
levied or to be levied on the said lands on the basis and in
accordance with the assessment and collector's roll entries.

19. The Developer covenants to save harmless and effectually indemnify

the Municipality against:

(a) All actions and proceedings costs, damages, expenses, clains

and d ds what: rand by wh ver brought by reason of

the construction of the said works.

All expenses and costs which may be incurred by reason of the
execution of the said werks resulting in damage to any property
owned in whole ar in part by the Municipality or which the
Municipality by duty or custom is obliged, directly or indirectly,
in any way or to any degree, to construct, repair or maintain.

All expenses and costs which may be incurred by reason of

liens for non-payment of labour or materials, workmen's

tion, 8S, unemployment insurance, Federal or
Provincial Tax, ctieck-off and for encroachments owing to nis-
takes in survey.
20. The Municipality hereby covenants and agrees with the Developer to

permit the Deveioper to perform all the said work upon the terns and

conditions herein contained.
21. It is understood and agreed that the intent of this Land Use Contract

ds that tha Developer shall construce fully completed works, and grant

all necessary easements as shown in the plans, specifications, and
Particulars as set out in the Schedules which are to Municipal standards
and are approved by the Engineer, and which in the discretion of the
Engineer may be varied because of conditions at the site, so that the
works function and operate in a manner satisfactory to the Engineer and
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