TUE CORPORATION OF THE CITY OF POAT COQUITLAM TUS ACREMHENT made cho dey of 1a SEWED ‘TUF CoRroRATION OF Tir CITY OF TORT CoMuIGLAGL, 3 body corporate and policte, with offices at 2272 MeAllsatar Avenus, Pore Cogulclom, Briciah Colunbia, (hereinafter callad the "City") OF THE FIRST PART, (herelnaftar called the "Corporacion™) . OF THE SECOND PARTs WIEWEAS the Applicant {s the omer in fee sinple of that eectain parcel or tract of land and prealees, eftuate lying snd betug in the Ctry of Yort Coquitlam, Province of Britteh Colustia, and more percieularly known and described set Cheretnaleer referred to ae the "veld lande")5 AND MIERFAS the said Jands sra not of sulficiant area te perest the applicant to provide the off-street parking facdlictes requised by ths "City of fort Coquitlaa toning By-law, 1979, No, 1652" AND VIEREAS the Corporation holds and has faproved a parcel of veal property (hereinafter referred co as the “Parking Facility"), for the purpose of providing off-atrect porking facilities for tha use of the public and sald parking Cactitty fs eftuatn within 95 eaters Lrow the satd land, an required by the “City of Port Coquitiam Zoning by-law, 1979, No. LOSI" for alsernate parking; AND WHEREAS tha said Appiicant deatece to provide che required off-etcect parking for che sald lands within the parking factiity to aubstitutton for the off-atrece packing upon bis tands, and has mide application to tha Corporation for poraission to use euch parking fscilisios and the Corporation has egresd to grant such ues te the form and ro the po IJufsed to sha provgsfon of pha nunbor of off-utreos parking apace viphin ghe parking focstgty for vhich ebts Fiche fe pranced. Fy The Apptjeare ogrces with tha Corporation (A gcceps this eight subjece fo sha foram and cond}sions pf Section § hersof, and ba be bound by the sano, uw Tho Applicants agrees with she Corporation phat $f ac any tine the Huntclpal Councs) pay deag is expedient Fa recover any costs dacurred by The Corparatson Jn the operation, maintenance and aanogcment of the pefoarreet parking factiittes provided psssuant ta eny By-law thea tn force, the Corporacton sha}} have she unressricred right and Jiberty Fa ¢lose fa the frea use by the public the parking facilinfes ang the parking epaces herein, and to fix and fa charge fees or rence for the woe of any parking space in auch perking faciiisy, and pending such aceion by the Corporation, she Appiicang shal} pay $9 the Corporation the qua of Seven Dollara Fifty Conts ($7.56) en the firep day ef the ponth folloving the granting of ite eceupancy permit and on the Ciret day of each and every month thereafter for gach parking epace. oy {a) The month}y rentad fee hereindalore eet forgh shad? rensin $n effect tor a period of five (5) years from the date nf execution ef Eh{e docuscne and shat} be renegotiated then and a every aubsequens . Ebvaryoar tnterval thereafter, subject so refecral $0 arbitration under the Arbigration Act in she event of disagreanent. Tha Corporation * Jeacrven the right to couse supplyin, the parking spacoe hereinbefore teferved to and upon the Corporation aa ceasing the requirenont for paysent of a conthly rented fer shell caase. (b) Ta the event that the Corporation, pursuant to tae Montespas Act, abould establish @ 5; ectat bensficing ates to provide of f-esrest parking for an arca within the City which tneludes the said Jande and upon which » apectal rate or tan is levied Cor euch purpose, the ponchly tental paynents by the Applicant ¢o the Corporation for the use of the parking spaces ae aforesaid shall cease to de payables i The Applicant sovenants and agrece that the area shown outlined ta ved an she attached o dased ty: 18) and prepared by a Mhowlng pho position of Foundation ‘ofa etarey building and being & partion of ALL AKD BENCULAR thit cercatn paccel or srect of land and peealece attuare, lying ard boing tn pho Clty of Fore Coquitian, in (de Provinces of Brition Coluetis and boing more partieularty know and described asf extont hereinafter provided; WOM TULAEFORE TTS ACREEHENT WITERSSCTH that fn consideration of the payacnt of the sua of now paid by the Applicane to the Corporation, the secelpt of which fe hereby acknowlcdred, the parties hereto covenant aad agrea each with the other as Lolloves 1 (a) The Corporation ageees, subjece ty paynent of che foen aet out in Section 3 hereo!, to grant and does hereby grant to the Applicant the use of () parking epaces vithin che aforesaid parking Cactiicy, fn substitution far the sana nuaber of off-street parking spaces which the sald Applicane is required to provide by the “City of Port Coquician Zoning By-law, ‘1979, No, 1651% for che building or structure situate on the aaid Janda of the Appitcane and hereinbefore defined, and such parking spaces hail be for the (cee use by che public. (b) Thies right co park shall be valid notwithstanding any change in the ownership of safd lands, and shall resain attached to tha eatd lands and provide substantial coapliance with the requirenents of the “City of Port Coquitian Zoning By-law, 1979, No. 3651" for off- atrect packing factlistes for the budiding or structure thereon, to the eame extent and subject to the same Limitations cs though the ssid off atrect packing Factlities had been provided on the oaid lands, and shall be aubject to the provisions of clauses Ce) and (e) of thte section,” provided that the waid fece ace paid, (c) The perafasion to park hereby granted shall be eubject to autonacle cancella¢son without refund by the Corporation, if at any tine during the term thereof, the building of structure on the eaid lands and for Vitel cuth off-atreet parking hae been provided, is destroyed oF is reanved frow sald lands and fe nov replaced by another bulidiag or structure having the sano off-street parking requtresonts, within a pariod of one (1) year from the date of such destruction of cenovals (8) The eight to park shall not be construed to convey o¢ Veet any property of rights tn auch parking spaces or real property, ia tho Applicant or his succassor in title ¢o the seld lands, aor shall the Applicent bo enticlad to any allocation of apvetfic pasking spaces or ts any marking thescol indicating thac such apacce have beca authortacd for his usc, ALS obligations of the Corporation under thte peewtt ohald Thia pesrcsettve covenant fs geanted by the Azp}icant Fe the forporation pursuant Fo, Scegton 246A of the band feglatry Ace of the Province pf Présieh Columbia and shat} run with she Appiicans’s Jand heretnbefare doperted. TN WITSESS WIEREOP pho Corperation and the Applisart have herounta affixed thesy Corporate Seats atcoated by tho hands of shetr duly eathorized officers the day and year fires above vritcen- The Corporate Sea} pf THE CORPORA~ T10N OF TRE CITY IP PORT COQUITLAM was horcunto affised in the presq ‘ence off (clerk Tha Corporate Seal of wes hereunto attized + in the presence of) °