te) ALL expenses and costa which may be incurred by reason of
liens for Ron-payzent of labour or materials, workmen's compensation
assessnents, unerpleysent insurance, Federal or Provine!al Tax, cheeck~.
off and for encroachments owing to mistakes in survey.

Permission for Construction of Works:

23. The Municipality hereby covenants and agrees with the Developer
to perait the Developer to perform all the said work upon the terms and
conditions here{n contained.

ze¢ Fart of Contract:

The sad Schedules "A" to "D" inclusive, hereinbefare referred

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

Granting of Occupaney Perrit:

25. Notwithstanding any provisions ef this Contract hereinbefore
contained and notwithstanding the provisions of the Building By-law of
the Municipality and szendsents thereto and of Section 714(k) of the
“Municipal Act", R.S.B.C. 1960, Chapter 255 and amendments thereto, the
Developer covenants and agrees that the Municipality may withhold the
grancing ef an ceeupancy permit for the occupancy and/or use of any
building or past thereof constructed upon the said lands, until all of
the works herein have been conpleted to the satisfaction of the Municipal
Engincer.

sandaréa of Construction:

26. It {s understood and agreed that the intent of this Land Use
Contract is that the Developer shall construct fully completed works and
grant all necessary easenents as shown in the plans, specifications and
particulars, as set out herein, hich are to Municipal standards and are
approved by the Munteipal Engineer and which, in the discretion of the
Municipal Engineer, may be varied because of conditions at the site 30
that the worka function and operate in a manner satisfactory to the
Municipal 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 Municipal Engineer prior to completion, then the
“Developer shall, at his oun expense, modify and reconstruct the sald
works so that the said vorks shall be fully operative and function: to

the satisfaction of the Municfpal Engineer.

fertificate of Completion: .
27.°, Upon the dssuance of the Certificate of Completion the Huntefpality
will return the securities required te be deposited by the Developer

pursuant to Section 13 (Perfermance Eond) or such part as is represented

by the Certificate of Completien in question,

Release of Maintenance Bond:

28. Upon the Municipal Engineer being satisfied that the Developer

has conplicd vith Section 15 (Maintenance Bond) the Engineer vill, upon .

the expiry of one (1) year, issue a Certificate verifying the fact of

apparent compliance (hereinafter called a “Certificate of Acceptance’).

Cortificate of Acceptance:

29. Upon the issuance of the Certificate of Acecptence, the
Municipality will return the securities required to be deposited by the
Developer pursuant to Section 15 herein.

Cost _of Development:
30. The entire cost of the developsent including the provision of
all services and the provision and construction-of the vorka described

herein shall be paid by the Developer.

Representations and Warranties, ete.:

31. It is understood and agreed that the Municipality has zade no
representations, covenants, warranties, guarantees, promises er creeneats
(verbal or otherwise) with the Developer other than thone tn this Contraet.
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, pursuant to the provistons of
Section 702A(4) of the "Municipal Act".

Interpretation:

33. Wherever the singular or masculine fs used herein, the sane

shall be construed as meaning the plural, feminine or body corporate or

politic where the Contract or the parties so require.

*Binding:

34, Thia Contract shall enure to the benefit of and be bindin

upon the partics hereto and their respective heirs, executors, adaipistrators,

successors ond assigns.