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LAND US’ CONTRACT
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THE CORPORATION OF THE CITY OF roRT COQUITIAN
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THIS AGREEMENT made the day of

BETWEEN:
THE CORPORATION OF TEE CITY OF PORT COQUITLAM
(hereinafter called the “Municipality")

OF THE FIRST PART:

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

(hereinafter called the "Developer")

OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the "Municipal
Act", may, sotwithstanding 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
cenditions for .the use and development of the land as may be mutually
agreed upon and thereefter the use and development of that land shall be
in accordance with such Land Use Contracts

AND WHEREAS the "Municipal Act” requires that the Municipal Council,
in exercising the powers given by Section 702A, shall have due regard to
she considerations set out in Section 702(2) and Section 7O2A(1) in
arriving at the use and development permitted by any land development
contract and the terns, conditions and considerations thereof;

AND WHEREAS the Developer has presented to the Municipality a
schere of use and deve*opment of 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 Nunicipality, having given due
regard to the considerations set forth in ‘Sections 702(2) and 702A(1) of
the "Municfpal Act",’ and the Port Coquitlan Official Co munity Plans,

han agreed tothe terma, cotaftlonn and conuideratton herein ‘contained;

AND WHEREAS a Land Use Contract 1s deemed to be a Zoning By-law for
the purposes of the "Controlled Access Highways hee and i the fand is
80 situated that it {3 subject to such "Act", the approval of the Minister
of Highways 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 Off{eial Regional Plan, until the said contract {s
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 end the Developer mutually acknowledge and agree
that the Council of the Municipality cannot enter into this agreezent
ured) the Council has held a public hearing thereon, in the nanner
prescribed by law, has duly considered the representations made and the
opinions expressed at such hearing, and unless at least two-thirds of
al) the members of the Council vote in favour of the Municipality entering

into this Contract, °

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

2. *{a) In this Agreement 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 be appointed
to act for the Municipality.

“Complete” or- “Completion” or any variation of these words

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

“Engineer" shall be construed to mean and include the City
Engineer for ‘the Municipality and his duly authorized assistants
or such Consulting or other Professional Engineers as may be
appointed to act for the Munictpaliry,

"Work" or “Works” or any variation of these vords shall be

construed to mean and include all work required to be done fer

the setting out, the execution and the ‘completion of this

Agreement to the satisfaction of the Municipality,