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THE CORPORATION OF THE city OF FORT COQUITLAM

LAND USE CONTRAC

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

THE CORPORATION OF THE CITY OF PORT COQUITLAM

2272 McAllister Avenue,

Port Coquitlam, B.C,

(hereinafter called the Municipality")

OP THE FIRST PART:

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

FRANK YERIO KIMMEL AND MARY MILDRED: EIMEL
2052 Suffolk Avenue,
Port Coquitlam, B.C.

(hereinafter called the "Developera")

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OF THE SECOND PART:
WHEREAS the Municipality, purauant to Section 762A of the "Municipal
Act", may, notwithstanding any By-law of the Municipality, or Section 712 or
713 of the “Municipal Act" upon the application of an ower of land within a
development area designated as auch by By-law of the Municipality, enter into .
@ 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 tn sccordance with such Land Use Contract;
AND WHEREAS the “Municipal Act" Yequires that the Municipal Council,
in exercising the powers given by Section 702A, shall have due regard to the
considerations set out in Sectien 702(2) and Section 702A(1) in arriving at
the use and development permitted by any lund development contract and the terss,
conditions and considerations therecf;
AND WHEREAS the Developerea have presented to the Municipality a schema
of use and development of the within described lands and Preniees end have made
application to the Municipality te enter into this Lend Use Contract under the
teras, coaditions and for the consideration hereinafter set forth;
AND WHEREAS tha Council of the Municipality, having given dus regord
to the considerations set forth in Sections 702(2) and 702A(1) of the "Municipal

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Act", and the Port Coquitlam Offtctal Community Plans, hee agreed to the terus,
conditions end consideration herein contained;

AND WHEREAS « Land Uoe Contract is deemed to be a Zoning By-law for
the purpoge of the “Controlled Access Highways Act” end if the lend is so
aituated that it is subject to such “Act", the approval of the Minister of
Highways to tha use set forth in this agreement must first be obteined before
the Municipality can enter into games

AND WHEREAS a Land Use Contract may not deal vith any lends designated
flood plein on the Official Regional Plan, util the seid contract is epproved
by the Minister of Municipal Affairs;

AND WHEREAS the Davelopera acknovledge that they are fully avere of the
provisions and limitations of Sections 702A of the "Municipal Act" and the
Municipality and the Developers mutually acknowledge and agree that the Council
of the Municipality cannot enter into this agreement until the Council has hald
@ public hearing thereon, in the manner Preecribed by law, has duly considered
the representations made and the opinions expressed at such hearing, and uniese
a usjority of two-thirds (2/3) of al1 the renbers of tha Council vote in favour
of the Municipality entering into this Contract,

NOW THEREFORE this agreement witnesseth that in corsiderat‘ on of the
Premiseg and the conditiona and covenanta hereinafter set forth, the Municipality
and the Developers covenant and agree as follows:

1. In this Agreement unless the Context otherwise requires:

Definitions “Building Inspector"

Building Inspector fo
aosietants or such Co
the Municipality,

"Complete" or "Completion"
used with respect to the wo
mean completion to the sati
of the Municipality vhen so

"Engineer" shall be construed to mean and include the City
Engineer for the Municipality and his duly authorized assistants
or such Consulting or other Professional Engineers as way be
appointed to act for the Municipality,

"Work" whall be construed to mean and include ali work required
to be done for the setting out, the execution and the coupletion
of thia Agreement to the satisfaction of the Municipality,
MA The Developere are the registered owners of ac estate in fee sizple of
ALL AND SINGULAR that certain parcel or tract of land anc premises situate,
dying and being in the City of Port Coquitlam, in the Province of Sritish

Coluxbia, and being more particularly known and described ast

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