THE CORPORATION OF THE CITY OF FORT COQUITLAM
LAND USE CONTRACT NO. 28

THIS AGREEMENT oade the
BETWEEN:
. THE CORPORATION OF THE CITY OF PORT COQUITLAM
a City Muntetpality under the “Munfetpal Act"
of the Province of Sricish Columbia, and having
its Hunteipal Offices at 2272 McAllister Avenue,
in the City of Port Coquitian, in the Province
of British Columbia,
(hereinafter called the "Municipality"

OF THE FIRST PARY:

?.C.S. INDUSTRIES LTD.,

933 Jarvis Street,

Coquitlan, B.C.

{heref{nafter called the “Developer")
‘ OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the
“Munfeipal Act", nay, notwithstanding any By-law of the Munieipality or
Section 712 or 713 of the "Municipal Act” upon the application of an
owner of land within a developnent area designated as such by By-law of
the Muntedpalizy, 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 Gevelopment of that lend shall,
notwithstanding any By-lay 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

7O2A(1) in arriving at the use and development pernitted by any land

developzent contract and the terms, conditions and considerations chereofs

AND WHEREAS the Developer haa presented to the Municipality a

achene of use and development of the within deseribed lands and prenises

which would be in contravention of a By-law of the Municipality or

-2-
of Section 712 or 713 of the "Municipal Act", or both, and has eade
application te thi Municipality to enter into this Land Use Centract

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", hao agreed to the terms, conditions and cons{derations
herein contained: , ,

ANG WHEREAS a Land Use Contract is deened to be a Zoning By-
law for the purposes of the "Controlled Access Highways Act" and ££ the
land {s so situated that it is subject to such "Act", the approval of
the Minister of Highways to this Contract oust first Se obtained before
the Municipality can enter into sarc; :

AKD WHEREAS a Land Use Contract dealing with any lands designated
flcod plain on the Official Regional Plan of the Greater Vancouver

Regional District may not be entered into until the said Contract ia

spproved by the Minister of Municipal Affair.

AND WHEREAS the Developer acknowledges that he is fully aware

of the provisions and limitations of Section 702A of the “Munfetpal
Act", and the Muniefpality and the Developer nutually ackaculedge end
agree that the Council of the Municipality cannot enter into this Contract
until the Council has held a Public Nearing thereon, to the manner
prescribed by law,’ has duly considered the representations nade and the
opinions expressed at such Hearing;

NOW THEREFORE this Contract witnesseth thet in consideration
of the premises and the conditions and covenants hercinafter set forth,
-the Municipality and the Developer covenant and sgree as follovs:

Definitions:

1. In this cortract, unless the context Othervise requires:

"Chief Inspector” shall be construed to nean and include the
Building Inspector for the Munteipality and his duly authorized
assistants or such Consultants as pay te 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 Engincer of the Municipality when so certified by
hin in writing.