(c) All expchses and dosts which may be incurred by reason ef
liens for non-payment of labour or materials, workmen's compensation
assessments, unemployment insurance, Federal or- tovincial Tax, check-
off and for encroaclments owing to mistakes in survey.

Permission fer Construction of Works:

23. The Nunicipality hereby covenants and agrees with the Developer
to permit the Developer to perform all the said work upon the terms and
conditions herein contained.

Schedules Part of Contract:

24, The said Schedules "A" to "D" 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 Municipality and amendments 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 Mentetpality may withhold the
granting of an occupancy permit for the occupancy and/or use of any
budlding or part thereof constructed upon the said lands, until all of
the works herein have been completed to the satisfaction of the Municipal
Engineer.

Standards of Construction:

26. Ie is understood and agreed that the intent of this Land Use
Contract is that the Developer shall construct fully completed works and
grant all necessary easements 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 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 own 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.

Certificate of Completion:

27. _ Upon the issuance of the Certificate of Completion the Municipality
will return the securitics required to be deposited by the Developer
pursuant to Section 13 (Performance Bond) or such part as is represented
by the Certificate of ‘Completion in question,

Release of Maintenance Bond:

28. Upon the Municipal Engineer being satisfied 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 Accdptance:

29, Upon the issuance of the Certificate of Acceptance, 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 development including the provision of
yl services and the provision and construction of the corks described
herein shall be paid by the Developer.

Representations and Warranties, etec.:

31. It is understoed and agreed that the Municipality has made no
representations, covenanta, warranties, guarantees, prowises oT agrecnents
(verbal or otherwise) with the Developer other than those in this Contract.
Registration:

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 Muntcipality, pursuant to the provisions of

Section 702A(4) of the "Municipal Act".

Interpretation:

33. Wherever the singular or masculine is used herein, the same
shall be construed as meaning the plural, feminine or bedy corporate or
politic where the Contract or the parties so require.

Binding:

34. This Contract shall enure to the benefit of and be binding

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

successors and assigns.