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THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT
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THIS AGREEMENT made the day of A.D. 19

BETWEEN:
THS CORPORATION OF THE criy OF PORT COQUITLAM

(hereinafter called the “Municipality")

OF THE FIRST PART:

IDEAL HOLDINGS LTD., 1776 Nanaimo Street,
Vancouver, B. C.

(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 Muuicipality, or Section
712 or 713 of the “Munieipal Act" upon the application of an ower of
land within a developmenr area 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 may be mutually
agreed upon and thereafter the use and development of that land shall be
in accordance with such Land Use Contract; |

AND WHEREAS the "Municipal Act" requires that the Municipal Council,
in exercising the powers given by Section 702A, shali have due resard to
the considerations set out in Section 702(2} and Section 702A(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
scheme of use and development of the within described lands and prenises
and has made application fo the Municipality to enter into this Lend Use
Contract under the terms, conditions 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) ata 702A(1) of
the "Municipal Act", and the Port Coquitlam Official Community Plans,

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

‘AND _WIEREAS a Land Use Contract is deemed to be a Zoning By-law for
the purposes of the “Controlled Access MWighways Act” and if the land is
“80 situated that tt ts subject to such "Act", the approval of the Minister
Of Highways to the use set forth in this Agreoment must firse be obtained
before the Municipality can enter into ‘the same;

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

AND WHEREAS the Developer acknowledges that he is fully avare of
the provisions and limitations of Sections 702A of the “Munictpal Act"
and the Municipality and the Developer mutually acknowledge and agree
that the Council of the Municipality cannot enter into this agreerent
until the Council has held @ 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 two-thirds of
all the menbers of the Council vote in favour of the Munteipality entering
into this Contract,

NOW THEREFORE this agreement witnesseth that in consideration of
the premises and the Conditions and covenants hereinafter ser forth, the
Municipality end the Developer covenant and agree as follows:

1 (a) In this Agreement unless the context otherwise requires:
"Building Ins ector" shall be construed to mean and include
the Building Inspector for the Municipality and his duly
authorized assistants or such Consultants as pay be 8ppointed
to act for tha Municipality,

"Complete" or "Completion" or any variation of these words
when used with respect to the work or works referred to herein
shall mean completion to the satisfaction of the Municipal
Engineer of the Muntetpalicy when so certified by hie in
writing,

“Engineer? shall be construed to mean and include the City
Engineer for the Munfeipality and his duly authorized assistants
‘or such Consulting or other Professional Engineers as may be
appointed to act for the Municipality,

SWork" 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 satisfaction of the Muntetpalt Ye