AND WHEREAS the Developer has requested the City to accept ownership of such works and services on the condition that the Develcrer agree to complete those works and services which axe not yet compieted and to provide security, including security for an extended maintenance period for those works and services inspected by the Developer's consultants; NOW THEREFORE the Parties agree, in consideration for payment by the City to the Developer of $10, the receipt and sufficiency of which is hereby acknowledged, as follows: l. The Developer covenants, agrees and represents that it has constructed all of the works and services as shown on the drawings which are listed on Schedule "a4" attached hereto to the standards and specifications set out in the City's Subdivision Servicing Bylaw, 1987, No. 2241 (the "installed works and services"), The Developer agrees to Provide to the City a letter of credit in the amount of $106,500 as security for the maintenance of the installed works and services and agrees that the City is free to call upon and utilize such letter of credit at any time if, in the sole Opinion of the City, same is required for the maintenance, repair, ctonstruction or reconstruction of the installed works -nqd services or any deficiency or defect in same and sich letter of credit is to remain in place for 5 years from the date of acceptance by the City of the installed works and services and in the event of such letter of credit being insufficient to repair, maintain, construct or reconstruct the installed works and services, to pay the balance to the City forthwith upon demand. ITEM