THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND_USE CONTRACT

TRIS AGREEMENT made the day of

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

OF THE FIRST PART:

HORNER DEVELOPMENTS LTD.

1036 Canbie Road

Richmond, British Columbia

(hereinafter called the “Developer")

OF THE SECOND PART:

SHEREAS the Municipality, pursuant to Section 702A of the "Municipal
Act", miy, notwithstanding any by-law of the Municipality, or Section
712 or 2713 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
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 be
in accordance with such Land Use Coatract;

AND WHEREAS the "Municipal Act™ requires thet the Municipal Council,
in exercising the powers given by Section 702A, shall have due yvegard 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 Municipality a
scheme of use and development of the within described lands and premises
and has nade 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 Municipality, having given due
regard to the considecacions set forth in Sections 702(2) and 702A(1) of
the “Municipal Act", and the Port Coquitlam Official Community Plans,

has agreed to the terms, conditions and consideration herein contained;

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AND WHEREAS a Land Use Cantract Ja deencd to be a Zoning By-law for
the purposes of the."Controlled Access Highways Act" and if the land is
so situated that it ts 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 sane;

AND WHEREAS a Land Use Contract may not deal with any lands designated
flood plain on the Official Reglonal Plan, until the safd contract is
approved by the Minister of Municipal Affairs;

AND WHEREAS the Developer scknowledges that he is fully aware of
the provisions and Limitations of Sections 7024 of the "Municipal Act"
and the Ifunicdpality and the Developer mutually acknovledge and agree
that the Council of the Municipality cannot enter into this agreeneat
until the Council has held a public hearing thereon, in the manner
Prescribed by law, has duly considered the representations made ard the
opinions expressed at such hearing, ang unless at least two-thirds of
all the members of the Council vote in favour of the Municipality enteriog
inte this Contract.

NOW THEREFORE this agreement witnesseth that in consideration of

the premises and the conditions ani covenants hereinafter set forth, the

Municipality and the Developer covenant and agree an follows:

2. (a) In this Agrecnent unlesa the context otherwise requires:
“Building Inspector" shall be construed to mean and inciude
the Building Inspector for the Munictpality and his euly
authorized assistants or such Consultants ag may de appointed

to act for the Municipai‘ty,

“Complete” or “Completion” or any variation of these vords

when used with respect to the work or works referred to hereia
shall mean completion to the satisfaction of the Municipal
Engineer of the Municipality when so cerrified by hin ia
writing.

“Engineer shall be construed to mean and include the City
Engineer for the Municipality and his duly acthorized assistants
or such Consulting or other Professional Enginearas as nay be
appointed ro act for the Municipality.

"Work" or "Works" or any variation of chese words shall be
construed to mean and 4 u1tuce all work tequired to be done for
the setting out, the execution and the completion of this

Agreement to the satisfaction of the Munteipality,