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7 .

(b) Aa security for the due and proper performance of aal the
covenants and agreenents in this Contract centained the Developer
covenants and agrees to deposit with the Municipality by Letter of
Credit the sua of Seventy Thousand Forty-five ($70,045.00) Dollars.

(c) The Developer further covenants and agcees to contribute
forthwith to the Municipality the sum of Seven Thousand Three Hundred
Sixty-four ($7,364.00) Dollars being the net total of those amounts set
out in Section 2 of Schedule hereto required to facilitate servicing
Of the development proposed herein and which the Municipality covenants
und agrees te apply to the coat of those works and services sét ont in
the said Scetion 2 of Schedule "D" hereto.

(4d) The Developer agrees that if the works specified herein are
not completed pursuant to the provisions of this ‘section and the aforesaid
Schedule "DO", the Municipality may complete the works at the cost of the
Developer and deduct from the deposit held by the Munteipality the cost
of such completion, and the balance ef the deposit shall be returned te
the Developer, less any adainistration fees required. If there is
insufficient money on deposit with the Municipality, then the Developer
will pay such deficlency to the Municipality iomed{ately upon teceipt of
the Munictpality’s bil] for completion. It re understood that the
Huaieipality may do such work efther by itself or by evatractors employed
by the Municipality. If the works ate completed as herein provided,
then the deposit, less adninistration fees, shall be returned to the
Developer.

Upgrading of Publie Work.

33. The Seveloper covenanta and agrees to apply for « building
pernit under the provisions of the “City ef Port Coquitian Building and
Pluabing Code Aduinistration By-law, 1974, No. 1298" and pay the requisite

building permit and plumbing permit fees prescribed therein.

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Deposit of Debris on Roads and Nuisances:

14. - The Developer covenants and agrees aot to deposit any matertai
or debris upon any roads during the construction of the said work and to
continuously carry on the construction of the sald work in a good and
Proper workmanlike manner causing as little disturbance to neighbouring

Properties as ig reasonable under the citcumstances. In the event that

.

any material or debris should be Geposited upon any road during the

construction of the work or should the construction by the Developer
constitute a nufsance to nefghbouring Properties of the work the Developer
covenants and agrees thet the Municipality nay forthwith resove such
materfal or debris or put right such nufsance at the expense of the
. Developer, the cost thereof to be determined by the Engineer. In the
event that construction of the work ceases for any period of tize in
excess of thirty days the Developer covenants and agrees that the
Menfecpalty may forthwith enter upon the property and construct thereen
a solid board fence not greater than cight feet in height nor less than
six feet in height surrounding the entire perimeter of the project and
that in so doing the Municipality accepts no responsibility for the
suitability or adequacy of the said fence erected for the benefit of the
said Developer and for which the Developer covenants and agrees to
accept full responsibility and to save harnless the Municipality froz
each and every action and clain which may be brought or arise as a
result thereof. Ia the event that any invotce of the Munlefpality for
the removal of such naterial or debris cr construction of the fence
shall renain unpaid after thirty days of receipt of the saze by the
Developer the Municipality is authorized to deduct the anount of such
Invoice fren the deposit referred to in Section 12 hereof.
Maintenance of Works by Developer:
The Developer covenants and agrees to:

{a) Maintain all of the safd works to be bufit pursuer to this

Contract in complete repair for a period of one (2) year fron the

completion thereof as certified by the Municipal Engineer.