-6-
It is understood that the Munietpalit} may do such work as required to
complete the said works and services either by itself or by Contractors
employed by the Municipality. If a11 the Developer's convenants are
carried out as herein provided, then the deposit, less administration
returned to the Developer.

4. The Developer further covenants and agrees to contribute forthwith
to the Municipality the sum of $39,257.00, being the net total of those
amounts set out in Section "B" of Appendix 3 hereto, required to defray
the excessive costs incurred by the Municipality for the purposes set
out herein and which the Municipality covenants and agrees to apply to
the cost of those works and services set out in the said Section "8" of
Appendix 3 hereto.

15. The Developer covenants and agrees not to deposit any material or
debris upoa any roads during the construction of the said work and to
continuously carry on the construction of the said work in a@ good and
proper worknanlike manner causing as little disturbance to neighbouring
Properties as is rcasonable under the circumstances. In the event that
any aater{al or debris should he deposited upon any road during the
construction of the work er should the construction by the Developer
constitute a nuisance to neighbouring properties of the work the Developer
covenants and agrees that the Municipality may forthwith remove such
material er debris or put right such nuisance 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 aay period of time in

excess of thirty days the Developer covenants and agrees that the Municipality

nay forthwith enter upon the property aad construct thereon a solid

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

in height surrounding the entire perimeter of the project and that in so
deing 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 haraless the Municipality from each and every action and

¢laia 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 construction of the fence shall remain unpaid after thirty
¢ays of receipt of the same by the Developer the Municipality is authorized
to deduct the arount of such invoice from the deposit referred to in

Section 14 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 Coquitlam.

17. Notwithstanding any provisions of this contract hereinbefore contained

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

and Plumbing Code Administration By-law, 1974, No. 1298" and of Section

714(k) of the "Municipal Act", R.S.B.C., 1960, Chapter 255 and anendnents

thereto, the Developer covenants and agrees that the Municipality nay

withhold the granting of on occupancy permit for the occupancy and/or

use of any building or part thercof, constructed upon the safd 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 outstanding
against the preperty herein described before the forcal approval
of the said scheme of use and development upon the land fs
given.

The Developer further undertakes to pay all current tazeg
levied or to be levied on the sald Janda on the basis and ta
accordance with the assessment and collector's roll entries.

19, The Developer covenants to save harmless and effectually indexnify

the Municipality against: ;

(a) All actions and proceedings costs, damages, expenses, clains
and demands whatscever and by whomsoever brought by reason of
the construction of the safd works. .
All expenses and costes 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 custon is obliged, directly or indfrectly,
in any way or to any ‘degree, toe construct, tepair or maintain.

Al] expenses and costs which may be incurred by reason of

liens for non-payment of labour or naterlals, vorkoen's

ion, 8, unemployment insurance, Federal oz

Provincial Tax, check-of€ end for encroachneats gding 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 teres and

conditions herein contained.

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