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 preaises ard has made application to the Municipality co enter into this Land Use Contract under the terms, conditions and for the consideration hereinafter set forth; AND WHEREAS the Counci! of the Municipality, having given due regard to the considerations set forth in Section 702(2) and 702A(1) of the "Municipal THE CORPORATION OF THE CITY OF PORT COQUITLAM Act", and the Official Comunity Plans of the Municipality, has agreed to the LAND USE CONTRACT NO. 23 terms, conditions and consideration herein contained: THIS AGRE made the day of A.D, 197 AND WHEREAS a Land Use Contract is deened to be a Zoning By-law for B ; the purposes of the "Controlled Access Highways Act" and 1£ the land is so THE CGRPORATION OF THE CITY OF PORT COQUITLAM, h "Act hi I of the Minist £ a City Municipality under the "Municipal Act" situated that it is subject to such "Ac the approval o: e Minister o See een eo british Coluubia, and having High d Public Works to the use set forth in this contract mst first be its Municipal Offices at 2272 McAllister Avenue, ghways and Pul or o 2 a S in the City of Port Coquitlam, in the Province . . of British Columbia. obtained before the Municipality can enter into the same; wa Land Use Contract may not deal with any lands designated {hereinafter called the "Municipality") AND WHEREAS a Land Use Contract may not deal w: any * designa . OF THE FIRST PART: flood plain on the Official Regional Plan, until the said contract is approved by the Minister of Municipal Affairs and Housing t DAWSON CONSTRUCTION LTD., AND WHEREAS the Developer acknowledges that he is fully aware of the 735 Clark Drive, provisions and limitations of Sections 702A of the "Municipal Act" and the Vancouver, B.C. (hereinafter called the "Developer") Municipality and the Developer mutually acknowledge and agree that the Council OF THE SECOND PART: of the Municipality cannot enter into this contract until the Council has held £ WHEREAS the Municipality, pursuant to Section 702A of the @ public hearing thereon, in the manner prescribed by law, has duly considered "Municipal Act", may, notwithstanding any By-law of the Municipality or the representations made and the opinion expressed at such hearing, and unless Section 712 or 713 of the "Yunteipal Act" upon the application of an at least two-thirds of the members of the Council, then present and entitled M - owner of land within a development area designated as such by By-law of to vote thereon, vote in favour of the } unicipality entering into this contract x t the Municipality, enter into a Land Use Contract containing such terns NOW THEREFORE this contract vitnesseth that in consideration of the and conditions for the use and development of the land as may be mutually premises and the conditions and covenants hereinafter set forth, the agreed upon and thereafter the use and development of that land shall, Municipality and the Developer covenant and agree as follows: notwithstanding any By-law of the Municipality or of Section 712 or 713 . i. Definitions of the “Municipal Act", be in accordance with such Land Use Contracts tn thie contract unless the context otherwise requires: “Building Inspector" shall be construed to mean and include the Building Inspector for the Municipality and his duly authorized assistants or such Consultants as may ke appointed to act for the Municipality. 2 J dye a