THE CORPORATION OF THE CITY OF PORT COQUITLAM LAND USE CONTRACT NO. 28

THIS AGREEMENT made the BETWEEN: THE CORPORATION OF THE CITY OF PORT COQUITLAM, a City Municipality under the “Municipal Act" of the Province of British Columbia, and having its Municipal Offices at 2272 McAllister Avenue, in the City of Port Coquitlam, in the Province of British Columbia. (hereinafter called the "Municipality’

OF THE FIRST PART:

P.C.S, INLUSTRIES LTD.,

933 Jarvis Street,

- Coquitlam, B. C.

(hereinafter called the "Developer") OF THE SECOND PART:

WHEREAS the Municipality, pursuant. to Section 702A of the “Municipal Act", nay, 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 into a Land Use Contract containing such terns 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, notwithstanding any By-law of the Municipality or of Section 712 or 713 of the "Municipal act", be in accordancr with such Land Use Contract;

AND WHEREAS 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 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 schene of use and development of the within described lands and premises

which would be in contravention of 2 By-law of the Municipality or

of Sectfon 712 or 713 of the "Municipal Act", or both, 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 Sections 702{2) and 702A(1) of the "Munfeitpal Act", has agreed te the terms, conditions and considerations herein contained;

AND WHEREAS a Land Use Contract ifs deemed to be a Zonirg By~ law for the purposes of the "Controlled Access Highways Act" and if the

‘Zand is so situated that it is subjece to such "Act", the approval of

_the Minister of Highways to this Contract must first be obtained before

the Municipality can enter into same;

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

AND WHEREAS the Developer acknowledges that he is fully avare

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 Contract 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; NOW THEREFORE this Contract witnesseth that fn consideration of the premises and the conditions and covenants hereinafter set 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 act for the Municipality. "Complete" or "Completion" or any variation of these vords when used with respect to the work o¢ works referred to herein shall mean completion to the satisfaction of the

Municipal Engineer of the Municipality when so certified by him in writing.