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

liens for non-payment of labour or materials, worknen’s-eompensation.

assesszents, unemployment insurance, Federal or Provincial Tax, check~

off and for encroachnents owing to mistakes in survey,

Permission for Construction of Works:

23. The Municipality hereby covenants and agrees with the Developer

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

conditions herein contained,

Schedules Part of Contract:.

24, The said Schedules "A" to "p” inclusive, hereinbefore referred

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

Granting of Occupancy Permit:

25. Notwithstanding any provisions of this Contract hereinbefore

contained and notwithstanding the provisions of the Building By-law of

the } enieipality and amendzents thereto and of Section 714 (k) of the

"Muntetpal act", R.S.B.C, 1960, Chapter 255 and amendments thereto, the

Developer covenants and agrees that the Municipality may withhold the

granting of an occupancy permit for the occupancy and/or use of any

buildtag or part thereof constructed upoa the said lands, until all of

the works herein have been completed to the satisfaction of the Municipal
Engineer.

Standards of Construction:
SS Oe Construction:

26. It ids understood and agreed that the intent of this Land Use

Contract is that the Developer shall construct fully completed works and
“grant all necessary easezents as shown in the Plans, specifications and

particulars, as set out herein, which are to Municipal standards and are

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

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

that the works function and operate in a manner satisfactory to the

Municipal Engineers; and should the works Provided to be constructed

herein prove to be in any way defective or should they not operate to

the satisf.

action of the Municipal Engineer prior to completion, then the

Developer shall, at his owm expense, modify and reconstruct the said

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

the satisfaction of the Municipal Engineer,

~ 10 -

Certificate of Completion: ‘ ’

27. Upon’ the issuance of the Certificate of Completion che Municipaiity

wi11 return the securities required to be deposited by the Developer
. Pursuant to Section 13 (Perfornance Bond) or such part as tg represented
by the Certificate of Completion in question.

Release of Maintenance Bond:
+ OO ———————

28, Upon the Municipal Engineer being sacisfied 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 return the securities required to be ceposited by the

Developer pursuant to Section 15 herein.

Cost of Development:

The entire cost of the development

including the Provision of
all services and the proviston and construction of the works ‘deseribed
herein shall be paid by the Developer.

Representations and Warranties

“31.

T¢ is understood and agreed that the Municipality has made no

representations, covenants, warranties, guarantees, Pronises or agreerents
(verbal or etherwise) with the Developer other than those in
Registration:

32.

this Contracr.

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 Munteipality, pursuant to the provisions of

: Secifon 702A(4) of the "Munfetpal Act".

Interpretation:

' 33, Wherever the singular or masculine is used herein, the sane

shall be construed as neaning the Plural, feninine or body corporate or

politic where the Contract or the parties so require,
Binding:

. 34. This Ccntract shall enure to the benefit of end be binding

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

Successors and assigns,

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