THE CORPORATION OF YHE CITY OF FORT COQUITLAM

LAND USE CONTRACT

THIS AGREEMENT mada the day of A.D. 1973
BETWEEN:

THE CORFORATION OF THE CITY OF PORT COQUITLAM
2272 McAllister Avenue,
Port Coquitlam, B.C.

(hereirafter called the Municipality")

OF THE FINST PART?

FLORENCE MYLROIE
2156 Prairie Avenue,
Port Coquitlam, B.C,

FRANK YERTO KIMMEL AND MARY MILDRED RDO

2032 Suffolk Avenue,

Port Coquitlam, B.C.

(hereinafter called the “Developers")

OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the "Munictpal
Act", may, notwithstanding 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 cesignated ag auch 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, ba in accordance with euch Land Usa Contracts

AND WHEREAS the "Municipal Act" requires that the Municipal Comeii,
in exercising the powers given by Section 702A, ahall hava due regard to the
considerations s2t 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,
cenditions and considerations thereof H ,

AND WHEREAS the Developers hava presented to the Municipality a acheme
of use and development of the within deser{bed lands and Premizes and have made
application to the Municipality to enter into this Land Use Contract under the
terms, conditions and for the coneideration hereinafter set forth;

AND WHEREAS the Council of the Municipality, having given due regard

to the considerations ect forth in Sections 702(2) and 702A(1) of the “Municipal

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Act", and the Port Coquitlam Offictal Commmity Plans, nas agreed to the terns,
conditions sad consideration herein contained:

AND WHEREAS a Land Use Contract ia deemed to be a Zoning By-law for
the purpose of the "Controlled Accees Highways Act" and if the land is so
situated that it ta subject to such "Act", the approval of the Minfater of
Highways to the uee set forth in this agreement must firet be obtained before
the Municipality can enter into same;

AND WHEREAS a Land Use Contract may not deal with any lands designated
flood plain on the Officiel Regional Plan, until the anid contract is approved
by the Miniater of Municipal Affairs;

AND WHEREAS the Developers acknowledge that they aze fully aware of the
provisions and limitations of Sections 702A of the "Municipal Act" and the
Municipality and the Developere mutually ecknowledge end agree that the Council
of the Municipality cannot enter into thia agreement until the Council has held
a public hearing thereon, in the manner prescribed by lav, has duly considered
the representations made and the opinions expressed at such hearing, and wmless
a majority of two-thirds (2/3) of all the members of the Council vote in favour
of the Municipality entering into this Contract.

NOW THEREFORE this agreement witnesseth that ia consideration of the
Premises and the conditions and covenants hereinafter set forth, the Huntetpality

and the Developere covenant and agree as follows:

1 In thie Agreement uniess the context otherwise requires:

Definitions “Building Inspector” shall be construed to meon and include the

Building Inspector for the Municipality and his duly authorized
assistants or such Conaultuate ao may be appointed to act for
the Municipality,

"Complete" or "Completion" or any variation of these vords when
used with respect to the work or works referred to herein shall
mean completion to the satisfaction of the Municipal Engineer
of the Municépality when so certified by him in writing.

"Engineer" shall be construed to mean and include the City

Engineer for the Hunicipality and hia duly authorized assistente

or such Consulting or other Professional Engineers as may be

appointed to act for the Municipality, °

"Work" shall be construed te mean and include all work required

to be done for the setting out, the execution and the completion

of this Agreement to the satiefaction of the Municipality,
ua. The Developers are the registered owners of an estate in fee simple of
AGL AND SINGULAR that certain parcel or tract of land and prenises situate,
lying ond being in the City of Port Coquitlam, in the Province of British

Columbia, and being more particularly known and described as: