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THE CORPORATION OP THE CITY OP PORT COQUITLAM
LAND USE CONTRACT NO. 23

TRIS ACREEYFNT made the day of

BETWEEN:

THE CORPORATION OF THE CITY OF PoRT COQUITLAM,
& City Municipality under the "Municipal Act"
ef the Province of British Columbia, and having
ins Muntctpal Offices at 2272 McAllister Avenue,
in the City of Port Coquitlan, in the Province
of British Columbia.
(hereinafter called the "Municipalicy">

+ OF THE FIRST PART:

DAWSON CONSTRUCTION LTD.,
735 Clark Drive,
Vancouver, B.C,

(hereinafter called the "Developer")
OF THE SECOND PART:
¢ Municipality, pursuant to Section 702A of the
“Municipal Act", may, notwithstanding any By-lav of the Municipality or

Sectfon 712 or 713 of the “Municipal Acc" 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 lend as may be mutually
agreed upon and thereafter the use and development of that land shall,
notwithstanding any By-law of the Municipality or of Section 712 or 713

of the "Municipal Act", be in accordance with such Land Use Contract:

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AND WHEREAS the "Municipal Act" requires that the Yunicipal Counet!,
in exercising the powers given by Section 702A, shall have due Yegard to the
considerations set out in Section 702(2) and Section TO2A(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 acheze
of use and development of the within desertbed lands and prenises and has nade
application to the Municipality to enter tnto this Land Use Contrace under the
terms, conditions and for the consideration hereinafter set forth:

AND WHEREAS the Council of the Municipality, having given due regard
to the considerations set forth in Section 702(2) and 7OZA(1) of the “Yunteloal
Act”, and the Official Community Plans of the Municipality, has agreed to the
terma, conditions and consideration herein contained;

; AND WHEREAS a Land Use Contract is deemed to be a Zoning By-lav for
the purposes of the "Controlled Access Highways Act" and {f the land fa so
situated that it is subject to such "Act", the approval of the Minister of

Highwayo and Public Worka to the vse set forth in this contract 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 Official Regional Plan, until the said contract is aspreved
by the Minister of Municipal Affaira and Housing;

AND WHEREAS the Developer acknovledges that he is fully avare of the
Provisions and limitations of Sectione 702A of the "Municipal Act" and the
Municipality and the Developer mutually acknovledge and agree that che Council
of the Municipality cannot enter into this contract until the Council has held
a public hearing thereon, {n the manner prescribed by law, has duly considered
the representations made and the opinion expressed at such hearing, and untess
at least two-thirds of the members of the Counc!1, then presenr and entitled
to vote thereon, vote in favour of the Municipality entering into this contract.

NOW THEREFORE this contract witnesseth that in consideration of the
premises and the conditions and covenanta hereinafter set forth, the
Municipality and the Developer covenant and agree as follows:

1. Definitions

In this contract unless the context otherwise requires:

“Building Inspector" shall be construed to sean and include

the Building Inspector for the Municipality and his duly

authcrized assistants or such Consultants as may be appointed
to act for the Nunselpality.