THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT

THIS AGREEMENT made the day of

BETWEEN:
THE CORPORATION OF THE CITY OF PORT CCQUITLAM
(hereinafter called the "Municipality")

OF THE FIRST PART:

RICARD HOLDINGS LTD.,
3046 Lougheed Highway,
Port Coquitlam, B. C.

(hereinafter called the "Deveioper")

OF THE SECOND PART:

WHEREAS the Municivality, pursuant to Section 702A of the "Municipal
Act", may, notwithetanding any by-law of the Munfedpality, 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
Muateipality, enter into a Land Use Contract containing such terus and
conditions for the use an. development of the land az may be mutually
agreed upon and thereafter the use and development of that land shall be
an accetjance with such Land Use Contract:

AND WHEREAS the "Hund: foal 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) ard Section 702A(1) in
arriving at the use and devalopnent permitted by any laad developuent
contract and the terms, conditions and considerations thereof;

AND WHEREAS the Developer has presented to the Municipality a

scheme of use and development cf the within described lands and premises

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 Muntepality, having given due
regard to the considerations set ‘forth in Sectioas 702(2) ang 7O2A(1) of
the “funtetpal act ", and the Port Coquitlam official Conmund ty Plans,

haa agreed ¢ to the terma, condition and conelderation herein coatained;

AND WHEREAS « Land. Use Contract is deened' to be eZoning By-law for
the purposes of the "Controlled Access Highways act" and if the land is
Bo aituated that it is subject to such "Act", the approval of the Minister
of Highvays to the use set forth in’ this Agreement must first be obtained
before the Municipality can enter into the same;

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 avare of
the provisions and limitations of Sections 702A of the "Municipal Act"
and the Municipality and the Developer autually acknowledge and agree
that the Council of the Municipality cannot enter into this agreenent
until the Council has held a public hearing thereon, in the ranner
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 vitnesseth that in consideration of
the premises 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:
“Budiding Inspector" shall be construed to mean and include
the Building Inspector for the Municipality and his duly
authorized assistants or such Consultents as may be appointed

to act for the Municipality.

"Complete" or “Completion” or any vartation of these vords

when used with respect to the work or works referred to herein
ehall mean completion to the satisfaction of the Municipal
Engineer of the Municipality when so certified by hin in
writing. ; ,

NEngineer" shall be construed to mean and include the City
Engineer for the MundeSpality and his duly authorized assistants
or such Consuiting or other Professional Engineers as may be
appointed to act. for the Municipality.

“Work" or "Works" or any variation of these words shall be

—.,

construed to mean and include all work Fequired to be done for
the setting out, the execution ‘and the conpletion of this,

. Agreement to. ‘the satisfaction of the Muntedpaliey.