THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT
_ PILE NO. R #14+73

THIS AGREEMENT made the Gay of A.D. 1977;

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 Coguitlam, in the Province
of British Columbia

(hereinafter called the “Municipality™)

OF THE FIRST PART:

NU-WEST DEVELOPMENT CORPORATION LTD., a
body corporate, duly incorporated under
the laws of the Province of Alberta and
registered Extra-Provincially in the
Province of British Columbia under No.
3566-A, and having an office in British
Columbia at 12650 -~- 82 Avenue, in the
Municipality of Surrey, in the Province
of British Columbia

(hereinafter called the "Developer")

OF THE SECOND PART:

WHEREAS the Munisipality, pursuant to Section 702A

of the “Municipal Act", may, notwithstanding any By-law of

the Municipality or Section 712 or 713 of the "Municipal Act"

upon the applicaticn 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 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 accordance

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 Muni-
cipality a scheme of use and development of the within described
lands and premises which would be in contravention of a By-law
of the Municipality or of Section 712 or 713 of the “Hunicipal
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 "Municipal Act", has agreed to the

terms, conditions and considerations herein contained;

AND WHEREAS a Land Use Contract is deemed to be a
Zoning By~law for the purposes of the “Controlled Access
Highways Act" and if the land is so situated that it is sub-

ject to such "Act", the approval of the Minister of Highways