days of receipt of the same by the Develuper the Munictpality is authorized
to deduct the amount of such invoice from the deposit referred to in
Section 13 hereof,
16. Subjece to this agreement, the within works and the development
herein shall comply with all che By-laws ef The Corporation of the City
£ Port Coquitlen.
17. Notwithstanding any provisions of this contract hereinbefore contained
and notwithstanding the provisions of the "City of Port Coquitlam Buiiding
anc Plumbing Code Administration By-law, 1974, No. 1298" and of Section
7i4(k) of the "Municipal Act", R.S.B.C., 1960, Chapter 255 and amendments
he Developer covenants and agrees that the Munieipalicy may
withhold the granting of an occupancy permit for the occupancy and/or
uge of any building or part thercof, constructed upon the said lands
watil all of the works herein have been completed to the satisfaction of the
heer and the landscaping to the satisfacti
18. (a) The Developer agrees to pay ail arrears of taxes outstanding
against the property herein described before the formal approval
of the said scheze of use and developnent upon che land is

given.

(b) The Develoser further undertakes to pay all current taxes
M4 a

levied or to be levied on the said lands on the basis and in

accordance with the agsessment and collector's roll entries.
19, The Developer cevenants to save harmless and effectually indemnify
the Municipality against:

(a) All actfons and proceedings costs, damages, expenses, claims
and ¢erands whatsoever and by whomsoever 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 cr in pare 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,

(c} All expenses and costs which may be incurred by reason of

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

ec tion, ents, unemployment insurance, Federal or

Provincfal Tax, check-off and for encroachments owing to mis~

takes in survey. .

on of the City's Planning Officer.

-8-
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.
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 casements as shown in the plans, specifications, and
particulars as set out in Appendices which are: to Municipal standards
and are approved by the Engineer, and which in the discretion of the
Engineer may be varied because ef conditions at che site, so that che
works function and operate in a manner satisfactory to the Engineer and
should the works provided to be constructed herein prove te be in any
way defective or should they not operate to the satisfaction of the
Engineer prior to completion, then the Developer shall, ac his own
expense, modify and reconstruct the said works so that the said vorks
shall be fully operative and function to the satisfaction of the Engineer.
22, Ic is understood and agreed that the Municipality has made no
representations, covenants, warranties, guarantees, promises or agreenents
(verbal or otherwise) with the Developer other thaa those in this Contract.
23, The Appendices 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
covenant 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 sane shall
be construed as 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, administrators,
successors and assigns. :
27. The Develover and the Municipality recognize that the "Land Use Contract
No. 5 Authorization By-law, 1973, No. 1287" of the Municipality has been

repealed and agree jointly to take whatever steps are necessary to release the
land from the burden of Land Use Contract ho. 5 which said Land Use Contract
was registered in the New Westminster Land Registry Office on September 13th,

1974, under No. K100882,