THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT NO. 21

THIS AGREEMENT made the day of A.D. 197

BETWEEN:
THE CORPORATIGN OF THE CITY OF PORT COQUITLAM,
a City Municipality under the “Municipal Acc"
of the Province of British Columbia, and having
ites Municipal Offices at 2272 McAllister Avenue,

in the City of Port Coquitlam, in the Province
of British Columbia.

(hereinafter called the “Munictpality"
OF THE FIRST PART:

PINTO ESTATES LTD., 725 Carnarvon Street,
Rew Weseninster, B.C.;

TORINO ENTERPRISES LTD., 725 Carnarvon Street,
New Westainster, 3.C.3 . .
ERNEST CHORNEY, 14081 - 79th Avenue, Surrey, 3.C.

(hereinafter called the "Developer"
N OF THE SECOND PARI:

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" upon the application of an
owner of land within a development area designated as such by By-law of
the Municipality, enter inte a Lend Use Contract containing such terns
and conditions for the use and development of tke land as may be mutually
agreed upon and thereafter the use and development of that land shall,
sotwithstanding any By~law of the Municipality or of Section 712 or 713
of the "Municipal Act", be in accordance with such Land Use Contract;

AND WHEREAS the “Municipal Act" requires that the Municipal
Council, in exercising the povers given by Section 702A, shall have due
regard to the considerations set out in Section 702(2) and Section
7O2A(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

achene of use and development of the within'described lands and premisea

“2.
which would be in contravention of a By-law of the Municipality or
of Section 712 or 713 of the “Municipal Act", or beth, and has made
application to the Municipality to enter into this Land Use Contract
under the terms, conditions and for the considerations hereinafter set
forth;

AND WHEREAS the Council of the Municipality, having given due
regard to the considerations Set forth in Sectioas 702(2) and 702A(1) of
the “Municipal Act", has agreed to the terms, conditions aia considerations
herein contained;

. AND WHEREAS a Land Use Contract is deened to be a Zoning By-
law for the purposes of che "Controlled Access Highways Act" and if the
land is so situated that it is subject te such "Act", the approval of
the Minister of Highways to this Contract must first be obtained before
the Municipality can enter into sane;

AND WHEREAS a Land Use Contract dealing with any lands designated
flood plain on the Official Regional Plan of the Greater Vancouver
Regional District may not be entered into until the said Contract is
approved by the Minister o< Municipal Affairs;

AND WHEREAS the Developer acknowledges that he is fully aware
of the provisions and limitations of Section 702A of the "Municipal
Act", and the Municipality and the Developer mutually acknowledge and
agree that the Council of the Municipality cannot enter into this Coniract
until the Council has held a Public Hearing thereon, in the manner
prescribed by law, has duly considered the Fepresentations made and the
opinions expressed at such Hearing, and unless at least two-thirds of
all of the members of the Council present and entitled to vote thereon
vote in favour of the Municipality entering inte this Contract;

NOW THEREFORE this Contract witnesseth that in consideration
of the premises and the conditions and covenants hereinafter see forth,
the Municipality and the Developer covenant and agree as follows:
Definitions:

1. In this contract, unless the context otherwise requires:

"Chief Inspector" shall be construed to mean and include the

Building Inspector for the Municipality and his duly authorized

assistants or such Consultants as may be appointed to ace for

the Municipality.

“Complete” or "Completion" or any variation of these words

when used with respect to the work or worke referred to

herein shall mean completion to the satisfaction of the

by
hin in wricing. :