~Sa
appropriate Officer of the Municipality, Without limiting the gencrality
of the foregoing these off-site works and services shall’ include those
items set out in Section 1 of Schedule “D" hereto.

(b) As security for the due and Proper performance of al) the
covenants and agreements in this Contract contained the Developer
covenants and agrees to deposit with the Municipality by Letter of
Credit the sum of Forty-eight Thousand Six Hundred Eighty ($48,689.06)
Dollars. .

(c} The Developer further covenants and agrees to contribute
forthwith to the Municipality the sum of Sixty-two Thousand Four Hundred
Sixty-nine ($62,459.09) Dollars being the net total of those amounts set
out in Section 2 of Schedule "D" hereto required to facilitate servicing
of the development Proposed herein and which the Municipality covenants
and agrees to apply to the cost of those works and services set out in
the ssid Section 2 of Schedule hereto.

Included in the sum of Sixty-two Thousand Four Hundred Sixty-nine
($62,469.00) Dollars set out in Section 2 of Schedule "Dp" hereto is the
amount: of Forty~£ four Thousand ($44,000. 80) Dellars for storn sever "construction
on Larch Way in the City and the Municipality and the Developer mutually
acknowledge that should construction of such storm sewer not comaence within
a three (3) year period commencing from the completion of the development
authorized by this Land tse Contract the said Forty-four Thousand ($44,000. 00)
Dollars’ shall be refundéeé by the Henicipality to Trinolda Holdings Linited, the
Developer herein, : .

(4) The Developer agrees that 4f the works specified herein are
not completed pursuant to the provisions of this section and the aforesaid
Schedule "D", the Municipality mey complete the vorks at the cost of the
Develover and deduct from the deposit held by’ the Municipality the cost
of such completion, and the balance of the deposit shall be Teturned to

the Developer, less any administration fees required, If there is

dnsuf fictent money on deposit with the Municipality, then the Developer

will pay such deficiency to the Municipality immediately upon receipt of
the Municipality's bill for completion, It is understood that the
Municipality may do such work either by itself or by edntractors enployed
by the Municipality, If the works are completed as herein provided,

then the dsposit, less administracion fees, shall be returned to the

Developer,

13. (a) The Developer Covenants and agrees to apply for o building
permit under the Provisions of the "City of Port Coquitlan Bullding an
Plumbing Code Administration By-law, 1974, No. 1298" and Pay the requisite
building permit and plumbing permit fees Prescribed therein,

*  (b) Te Developer further covenants aad agrees to pay to the
Municipality the sum of $300.00 for each sel.f~contained housing unit to
be constructed by the development authorized herein which sald sun the
City shall credit to the Waterworks Ucdlity Capital Replacement Fund to
agaist in defraying the excessive costs incurred by the Municipality {sr
inprovements to the waterworks system made necessary by the increased
Population and service requirements created by the development authorized

herein,

Depesit of Debris on Roads and Nuisances: .

The Developer covenants and agrees not to deposit any material
ot debris upon any roads during the construction of the said work and to
continuously carry on the construction of the said work in a good and
proper workmanlike manner causing as little disturbance to neighbouring
properties as ie reasonable under the circumstances. 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 Developer
constitute a nuisance to neighbouring properties of che work the Developer
covenants and agrees that the Municipality may forthwith remove such
material or debris or put right such nuisance at the expense of the
Developer, the cost thereof to be deterained by the Engineer. In the
event that construction of the work ceases for any period of tine in
exceas 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 feet ta heighs nor less the.
eix feet in height surrounding .the entire Perueter of the project and

“*
that in so deing the Municipality accepts no responsibility for the
sultabilizy or adequacy of the said fence erected for tse benefit of the
said Developer and for which the Develcper Covenants and agrees to
accept full responsibilicy and to gave harmless the Municipality fron

each and every action and clain which may be brought or arise as a

result thereof, In the event that any invefcs of the Municipality for

the removal of such materia! or debris or construction of the fence

4,

Lad

hens