“hes aig.

THE CORFORATION OF Tih CITY OF PORT COQUITLAM
LAND USE CONTRACT NO. 27

TRIS AGREEMENT made the
BETWEEN:
THE CORPORATION OF THE CITY OF PORT COQUITLAM,
a City Municipality under the "Municipal Act"
ef the Province of British Columbia, and having
its Municipal Offices at 2272 McAllister Avenue,
in the City of Port Coquitlam, in the Province
of British Columbia.
(hereinafter called the "Municipality"

OF THE FIRST PART:

WILLTAM RUDY

1620 Western Drive,

Port Coquitlam, B. C.

> (hereinafter called the "Developer
OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the
“Nunietpal 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 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,
notwithstanding any By-law of the Nunicipality or of Section 712 or 713
ef the "Municipal Act", be in accordance with such Land Use Contract;

AND WHEREAS the "Municipal Act" requires that the Municipal
Council, in exercising the powers given by Section 702A, stsall have due
regard 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 thereofs

AND WHEREAS the Developer has presented to the Mumicipality a
scheme of use and development of the within described lands and premises

which would be in contravention of a By-law of the Municipality or

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of Section 712 or 713 of the “Municipal Act", or both, and has made
application to the Municipality to enter into this Land Use Contract
under the terms, conditions and for the considerations hereinafter set

forth;

AND WHEREAS the Council of the Municipality, having given due

regard to the considerations set forth in Sections 702(2) and 7C2A(1) of

the "Municipal Act", has agreed to the terms, conditions and considerations

herein contained;

AND WHEREAS a Land Use Contract is deemed to be a Zoning By-
jaw for the purposes of the "Controlled Access Highways Act" and if the
land 1s so situated that it is subject to such "act", the approval of
the Hinister of Highways te this Contract must First be obtained before
the Municipality can enter into same;

AND WHEREAS a Land Use Contract dealing with any lands designated
flood plain on the Official Regional Plan of the Greater Vancouver
Regional District may not be entered into until the said Contract is
approved by the Minister of Municipal Affairs; ~

AND WHEREAS the Developer acknowledges that he is fully aware
of the provisions and limitations of Section 702A of the “Municipal
Act", and the Municipality and the Devcloper mutually acknowledge and
agree that the Council of the Municipality cannot enter into this Contract
until the Council has held a Public Hearing thereon, in the menner
prescribed by law,-has duly considered the representations made and the
opinions expressed at such Hearing, and unless at least two-thirds of
#11 of the members of the Council present and entitled to vote thercen
vote in favour of the Municipality entering into this Contract;

NOW THEREFORE this Contract witnessech that in consideration
of the premises and tha conditions and covenants hereinafter set forth,
the Municipality and the Developer covenant and agree as follows:

Definitions:

In this contract, uniess the context otherwise requires:

"Chief Inspector" shall be construed to mean and fnclude the
Bullding Inspecter for the Municipality and his dely authorized
assistants or such Consultants as may be appointed to act- for
the Municipalicy. :

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