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

herein shall conply with all the By~lavs of The Corporation of the city

of Port Coquitlam.

17. Notwithstanding any provisions of this contract hereinbefore contained

and notwithstanding the provisions of the "City of Port Coquitlam Building

and Pluabing Code Administration By-law, 1974, No. 1298" 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 granting of an occupancy permit for the occupancy and/or

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

until all of the works herein hav2 been completed to the satisfaction of

the Engineer.

18. (a) The Ueveloper agrees to pay all arrears of taxes outstanding
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 ievied
or to be levied on the said lands on the basis and in accordance
with the assessment and collector's roll entries,

19, The Developer covenants to save harmless and effectually indemify

the Municipality against:

(a) All actions and proceedings costs, damages, expenses, clains

and d ds what: er and by wh brought by reason of

the construction of the said works.

All expenses and costs which may be incurred by reason of the
execution of the said works resulting in damage to any property
owned in whole or in part by the Municipality or which the
Municipality by duty or custom is obliged, directly or indirectly,
in any way er to any degree, to construct, repair or maintain.
All expenses and costs which may be incurred by reason of

liens for non-payment of labour or materiais, workzen's

ip ion, S, unemployment insurance, Federal or
Provincial Tax, check-off and for encroachments owing to mis~
takas in survey.
20. The Municipality hereby covenants and agrees with the Developer to
Permit the Developer to perform all the said work upon the terms and

conditions herein contained, ©

BeBe eA eV Se mates, ue MMe es eR. ON team naan te Pw

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21, It is understood and agreed that the intent of this Land Use Contract
is that the Developer shall construct fully completed vorks, and grant
all neceasary easements as shown in the plans, specifications, and
Particulars as set out in the Schedules which are to Municipal standerda
and are approved by the Engineer, and which in the discretion of the

Engineer may be varied because of conditions at the site, so that the

works function and operate in a manner satisfactory to the Engineer and

should the works provided to be constructed herein prove to be tn any

way defective or should they not operate to the satisfaction of the
Engineer prior to completion, then the Developer shall, at his ow
expense, modify and reconstruct the said works so that the sald works
shall be fully operative and function to the satisfaction of che Engineer,
22. It is understood and agreed that the Municipality has nade no
representations, covenants, warranties, guarantees, promises Or agreenents
(verbal or otherwise) with the Developer other than those in this Contract.
23. The appendices and Schedules hereinbefore referred to are hereby
incorporated into and made part of this agreement,

24. This agreement shall have the force and effect of a restrictive
sovenant running with the land and shall be registered in the Land
Registry Office by the Municipality pursuant to the provisions of Section
702A(4) of the “Municipal Act",

25. Wherever the singular or masculine is used herein, the same shall

be construed ag meaning the plural, feminine or body corporate or politic
where the contract or the Parties so require,

26. This Agreement shall enure to the benefit of and be binding upon

the parties hereto and their respective heirs, executors, administraturs,

Successors and assigns,