board fence not greater than eight feet tn height nor less than six feet

in heignt Surrounding the entire Perimeter of th
‘

Municipality accepts no Tesponsibility for che suitability or

@ project and that in 80
doing the
adequacy of the said fence erected for the benefit of the said Developer

end for which the Developer covenants and agrees to accept full responsibility

and to save harmless the Munic ipality from each and every action and

claim which may be brought or arise as a result thereof, In the event

that any invoice of the Municipality for the removal of such material or

debris or constructions, of the fence shall remain unpaid after thirty

days of receipt of the sane dy the Developer the Municipalicy is authorized

to deduct the amount of such invoice from the deposit referred to in

‘
Section 13 hereof.

16. Subject to this agreement, the within works and the development

herein shall comply with all the By~laws of The Corporation of the City

of Port Coquitlan.

1, Notwithstanding any provisions of this contract hereinbefore contained

and notwithstanding the Provisions of the “City of Port Coquitlen Building

and Plumbing Code Administracion By-law, 1974, No. 12938" and of Section

714(u) of the “Municipal Acct", 2.8.3,¢.

use of any building or Part thereof, constructed upon the said lands

until all off the works herein have been completed to the satisfaction

of the Engineer,

18. (a) The Developer agrees to pay all arrears of taxes outetanding

against the Property herein described before the formal approval,

of the said scheme of use and development upon the land is

given.

(>) The Developer further undertakes to pay all current taxes

levied or to be levied on the Said lands on the basia and in

accordance with the assessment and collector's rol? entries,

19. The Developer covenants to save harmless and effectually indemify

the Municipality against;

(a) ALL actions and proceedings costs, damages, expeases, clains

and demands whatsoever and by whomsoever bro

ught by reason of

the construction of the said works,

_t

All expenses and costs which may be incurred by reoson of the
execution of the said works resulting <n damage to any property
owned in whole or in part by the Municipality or which the
Municipality by duty or custoa is obliged, directly o¢ indirectly,
in any way or to any degree, to construct, repair or maintain,
All expenses and costs which may be {ncurred by reazon of

liens for non-payment of labour or materials, worknen's

tion, S, uneopleyment insurance, Federal or

Provincial Tax, check-off and for encroachzents owing to mis-
takes in survey,
20, The Municipality hereby covenants and agrees with the Developer to

permit the Developer to perform all the said work upon the terns and

conditiona herein contained,

21. It 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 eaconents as shown in the plans, specifications, and
Particulars as set out in the Schedules which are to Municipal standards
end are approved by the Engineer, and vhich in the discretion cf the
Engineer may te varied because of conditions at the site, so thac the
works function and Operate in a manner satisfactory to the Engineer and
should the works provided te be constructed herein prove to be in any
way defective or should they not operate to the satisfaction of the
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 Engineer.
22, It is underatood and agreed that the Municipality has nade no
representations, covenants, warranties, Suarantees, promises ar agreerents
(verbal or otherwise) with

23.

the Developer other than those in this Contract.

The appendices and Schedules hereinbefore Teferred to are hereby

incorporated into and made part of this agreemenc.
24.

This agreement shall have the force and effect of a restrictive
covenant ruaning with the land and shall be registered fn the Land

Registry Office by the Municipality pursuant to the provisions of Section
702A(4) of the “Municipal Act".