THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT

THIS AGREEMENT made the day of
BETWEEN: ‘
TRE CORPORATION OF THE CITY OF PORT COQUITLAM
(hereinafter called the “Municipality")

OF THE FIRST PART:

RORNER DEVELOPMENTS LTD.

1036 Cambie Road

Richnond, British Columbia

(hereinafter called the "Developer")

OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the "Municipal
Act", may, notwithstanding any by-law of the Municipality, or Section
712 or 713 of the "Municipal Act" us0n the application of an owner of
land within a development azea designated as such by By-law of the
Municipality, enter into a Land Use Contract containing such terms and
conditions for the use and development of the land as nay be mutually
agreed upon and thereafter the use and development of that land shall de
in accordance with such Land Use Contract;

AND _KHEREAS the “Municipal Act!" requires that the Municipal Council,
in exercising the powers given by Section 702A, shall have due regard to
the considerations set out in Section 702(2) and Section 70Z2A(1) in
arriving at the use and development permitted by any land development
contract and the terms, conditions and considerations thereof;

AND WHEREAS the Developer has presented to the Municipality a
schene of use and development of the within deseribed lands and premises
and has nade application to the Municipality to enter into this Land Use
Coatract under the terms, condftiors and for the consideration hereinafter
set forth;

AND WHEREAS the Council of the Municipality, having given due
regard to the considerations set forth in Sections 702(2) and 702A(1) of

the "Municipal Act", and the Port Coquitlam Cfficiul Community Plans,

has agreed to the terms, conditions and consideration herein contained;

AND WHEREAS a Land Use Contract fs deemed to be s Zoning By-law for
the furposes of the. "Controlled Access Highways Act" and if the land is
so situated that it ly subject to such "Act", the approval of the Minister
of Highways to the use set forth in this Agreement must firat be obtained
before the Municipality can enter into the same;

AND WHEREAS a Land Use Contract may not deal with any lands designated
flood plain on the Official Regional Plan, until the said contract is
approved by the Minister of Municipal Affairs;

AND WHEREAS the Developer acknowledges that he js fully aware of
the provisions and Limitations of Sections 702A of the "Municipal Act"
and the Municipality and the Developer mutually acknowledge and agree
that the Council of the Municipality cannot enter {ato this agreenent
until the Council has held a public hearing thereon, in the manner
Prescribed by law, has duly considered the representations made and the
opinions expressed at such hearing, and unless at least tyo-thirds of
all the members of the Council vote in favour of. the Municipality entering

into this Contract.

NOW THEREFORE this agreement witnesseth that in consideration of
th: premises and the conditions and covenants herelaafcer set forth, the
Muaicipality and the Developer covenant and agree as follows:

In this Agreement unless the context otherwise requires:
“Building Inspector" shall be construed to mean and include
the Building Inspector for the Municipality and his duly
authorized assistants or such Conjultants as may be appointed
to act for the Municipality.

“Complete” or "Completion" or any variation of these words
when used with respect to the vork or vorks referred to herein

shall mean completion to the satisfaction of the Municipal

Engineer of the Municipality when so certified by him in

writing.

“Engineer shall be construed to mean and include the City
Engineer for the Municipality and his duly authorized assistants
or such Corsulting oz other Professional Engineers as may be
appointed to act for the Municipality.

"Work" or "Works" or any variation of these words shall be

construed to mean and include all work required to be done for
the setting out, the execution and the completion of this

Agreement to the satisfactfon of the Municipality,