TUE CORPORATION OF Tile CITY OF PORT

LAND USE CONTRACT

TAIS: AGREEMENT made the day of > AD. 1976
BETWEEN: :

TRL. CORPORATION OF THE CLTY OF PORT COQUITLAM

(hereinafter called the "Municipality")

OF THE FIRST PART:

A&M CONSTRUCTION LTO., A Company incorporated
putsusnt to the lavs of the Province of Britiah
Columbia, and having offices ac 2000 Orland Drive,
Coquitlan, Province of Bricish Colucbie

Chareinafter called the “Daveloper”)

OF THE SECOND PART:

WIEREAS the Yunicipality, pursuant to Section 702A of tha "Yuntetpal
Act", may, notwithstanding any By-law of the Municipality, or Section 712 or”
723 of the “Hunicipal Act" upon the application of an owner of land within a
davelopment area desigaated ae such by By-law of the Munteipality, eater into
a Land Use Contract containing such terus and conditions for the use and

developaent of the land as may be autually agreed upon and thereafter the use

and development of that land shall, be in eccordance with such Land Use Contract;

AND WHEREAS che “Municipal Act” requires that the Nunicipsl Council,
in exercising the powers given by Section 702A, shall have due regard to the
sonsiderations set out in Section 702(2) amd Section 702A(2) in arriving at the
use aad development permitted by any land developacat ‘contract and the terns,

conditioas end considerations thereof; .

ASD WHEREAS the Developer has presented to the Municipality a schenc

of use and development of the within described lands and premises and has mode
application to the Municipality to enter into this Land Use Contract under the

taras, conditions and for the consideration hereinafter set forth; .

+ AND WIEREAS the Councdl of the Municipality, having given due regard

to the considerations set ferth in Sections 702(2) and 702A(1) of che "Municipal

Acct’, and the Port Coquitian’ Official Cocaunity Plans, has ageeed to the ters,
conditions and consideration herein contained; :

-2-

AQ) HIEREAS a Lind Une Contract tu decent te be a Zualug ty-law for
the purposes of ths “Controlled Access Wighvays Act" and if the land {2 so
situated that it ig subject to such “Act”, the approval of the Miaister of
Wighveys to the use set forth in this Agreement must firet be obtained before
the Hunicipality can enter into sane;

AND WIIEREAS a Land Use Contract say not deel with any lands designated

flood plain on the Official Regional Plan, until the said contract is approved

by the Minister of Municipal Affair: .

AMG WHEREAS the Developer acknovledges thar he fs fully aware of the
provisions and imitations of Sections 702A of the "Municipal Act" and che
Muntedpality and the Developer mutually acknowledga and agree that the Couscil
of the Municipality cannot enter into this agreement until the Council has held
a public hearing thereou, in the manner prescribed by lav, has culy considered
the representations made and the opinions expressed st such hearing, and
unless « majority of all the menbers of tos Cucnttl vore io favour of tha
Municipality entering inte this Contract.

HOW THCREFORE this agreement witnesaeth that in consideration of the
premises end the conditions and covenants hereinafter set forth, the
Municipality and the Developer covenant and agree as follow

“1. (a) In this Agreement unless the context othervise reguires:
"Building Inspeccor” shall be construed to mean ant include the
Building Inspector for the Municipality and his duly authorized

stants or such Consultants as way be appointed to act for,

the Municipality.

"Complate”™ or “Coapletion” or any variation of these words when

used with respect to the work or works referred to lierein shall

mean completion to the satisfaction of the Municipal Engincer

of the Montetpality when so certificd by him in writing.

“Engineer” shall be construed to mean and include the City

Engineer for the Municipality and his duly authorized assistante

o¢ such Consulting or other Profeasicnal Enginears as may be

appointed to act for rhe Municipality. ,

“York" shall be construed to mean and include all work required

“to be done for the setting out, the execution and the conplezion

of this Agreesent to the sazisfaction of the Municipality.