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THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT

TRIS AGREEMENT made the day of

BETWEEN:
THE CORPORATION OF THE CITY CF PORT COQUITLAM
(hereinafter called the "Nunicipality")

OF THE FIRST PART:

WESTGATE ENTERPRISES LTD.,
760 - 890 West Pender Street,
Vancouver, B. C.

(hereinafter called the "Developer")

OF THE SECOND PART:

KHEREAS the Municipality, pursuant to Sectica 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 into a Land Use Contract containing such terms and
conditions for the use and development of the land as mgy be mutually
agrocd 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 exercisiag 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
scheme of use and development of the within described lands and prenises
and has made application to the Municipality to enter into this Land Use
Contract under the terms, conditions and for the consideration hereinafter
set forth;

AND WHEREAS the Council of the Nuntetpality, having given due
regard to the considerations set forch in Sections 702(2) and 702A(1) of
the "Municipal Act", and the Port Coquitlam Official Community Plans,

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

AND WHEREAS a Land Use Contract is deemed te be a Zoning By-law for
the purposes of the "Controlled Access Highways Act" and if the land is
so situated that it 1s subject to such "Act", the approval of the Minister
nf Highways to the use set forth in this Agreement must first be obtained
before the Municipality can enter into the Bane;

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 is fully aware of
the provisions and limitations of Sections 702A of the “Municipal Act
and the Municipality and the Developer mutually acknowledge end egree
that the Council of the Municipality cannot enter into this agreesent
until the Council has held a public hearing thereon, in the manser
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 members of the Council vote in favour of the Municipality entering
into this Contract.

NOW THEREFORE this agreement witnesseth that in consideration of
the prenises and the conditions and covenants hereinafter set forth, the
Municipality and the Developer covenant and agree as follows:

1. (a) In this Agreement unless the context otherwise requires:
"Building Inspector" zhall be construed to mean and include
the Building inspector for the Municipality and his duly
authorized assistantr or such Consultants as may be appointed
to act for the Municipality.

"Complete" or "Completion" or any variation of these werds
. when used with respect to the work or works referred to heretr’
shall mean completion to the satisfaction of the Municipal
Engineer of the Municipality when so certified by him in
writing.
"Engineer" shail be construed to mean and include the ‘City
Engineer for the Municipality and his duly authorized assistants
or such Consulting or other Profesrional Engineers as may de
appointed to act for the Municipality.
"Work" or "Works" or any variation of these words shall be
construed te mean and include.oll work required to be done for

the setting out, the execution and the coapletion of this

Agreement to the satisfaction of the Municipality.