reese! THE CORFORATION OF THE CITY OF PORT COQUITLAM LAND USE CONTRACT NO. 24 TRIS AGREEMENT nade the day of BETWEEN: THE CORPORATIUN OF THE CITY OF PORT COQUITEAM, a@ City Municipality under the "Municipal Act" of the Province of British Columbia, and havin: its Musicipal affices at 2272 McAllister Avenue, in the City of Pert Coquitien, in the Province of British Columbia. (hereinafter called the "Municipality") OF THE FIRST PART: TRINODA ROLDINGS LIMITED, Mezc - 9304 Salish Court, Burvaby, B.C. (hereinefter called the "Developer") OF THE SECOND PART: WREREAS the Municipality, pursuant to Section 702A of the "‘uaicipal Act", may, notwithstanding any By-law of the Municipality or Section 712 or 713 of the "Municipal Act" upor 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 terns ad 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 Muniecipadity or of Scetion 712 or 713 of the "Municipal Act", be in accordance with such Land Use Contract AND WHEREAS the "Municipal Act" requires that the Mualetpal Council, in exercising the powers given by Section 702A, shall have eve regard to the considerations set out in Section 702(2) and Section 702A(1) “in arriving at the use and Gevelopnent permitted by eny iand development contract and the terns, cond‘tions and considerations therecf; AND WHEREAS the Developer has presented to the Municipality a scheme of use and development of the within described lands and prenaises which would be in contravention of a By-law of the Municipality or of Section 712 or 713 of the "Municipal Act", or both, and has mede application to the Municipality te cater inte 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 terns, conditions and considerations herein . contained 3 AND WHEREAS a Land Use Contract 1s deemed to be a Zoning By- law for the purposes of the "Controlled Access Highways Act" and if the land {s so situated that it is subject to such "Act", the approval of the Minister of Highways to this Contract cust first be obtained before the Municipality. can enter into sane; AND WHEREAS a Land Use Contract dealing vith any lands designated flood plain on the Official Regional Plan of the Greater Vancouver Regional District may not be entered into until the said Centract is approved by the Minister of Municipal Affairs; AND WHEREAS the Developer acknowledges that he {s fully aware of the provisions and limitations of Section 702A of the "Municipal Act", and the Municipality aad the Developer mutually acknowledge and agree that the Council of the Municipality cannot enter into this Contract until: the Council has held a Public Hearing thereon, din the manner - prescribed by law, has duly considered the representations nade and the opinions expressed at such Hearing, and unless at least two-thirds of all of the members of the Council present and entitled to vote thereon vote in favour of the Municipa}ity entering into this Contract; NOW THEREFORE this Coatract witnesseth that in consideration of the premises and the conditions and covenants hereinafter set forth, the Municipality and the Developer covenant and agree as follows: NM meee eee Perry sa eee sek deb ear +