THE CORPORATION OF THE CITY OF PORT COQUITLAM
LAND USE CONTRACT NO. 28

THIS AGREEMENT made the
BETWEEN:
THE CORPORATION OF THE CITY OF PORT COQUITLAM,
a City Municipality under the “Municipal Act"
of 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:

P.C.S, INLUSTRIES LTD.,

933 Jarvis Street,

- Coquitlam, B. C.

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

WHEREAS the Municipality, pursuant. to Section 702A of the
“Municipal Act", nay, 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 terns
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 Municipality or of Section 712 or 713
of the "Municipal act", be in accordancr with such Land Use Contract;

AND WHEREAS the “Municipal Act" requires that the Municipal
Council, in exercising the powers given by Section 702A, shall 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 thereof;

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

which would be in contravention of 2 By-law of the Municipality or

of Sectfon 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 702A(1) of
the "Munfeitpal Act", has agreed te the terms, conditions and considerations
herein contained;

AND WHEREAS a Land Use Contract ifs deemed to be a Zonirg By~
law for the purposes of the "Controlled Access Highways Act" and if the

‘Zand is so situated that it is subjece to such "Act", the approval of

_the Minister of Highways to this Contract must first be obtained before

the Municipality can enter into same;

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

AND WHEREAS the Developer acknowledges that he is fully avare

of the provisions and limitations of Section 702A of the "Municipal

Act", and the Municipality and the Developer 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 manner
prescribed by law,’ has duly considered the representations made and the
opinions expressed at such Hearing;
NOW THEREFORE this Contract witnesseth that fn consideration
of the premises and the conditions and covenants hereinafter set forth,
.the Municipality and the Developer covenant and agree as follows:
Definitions:
1 In this contract, unless the context otherwise requires:
"Chief Inspector" shall be construed to mean and include the
Building Inspector for the Municipality and his duly authorized
assistants or such Consultants as may be appointed to act for
the Municipality.
"Complete" or "Completion" or any variation of these vords
when used with respect to the work o¢ works referred to
herein shall mean completion to the satisfaction of the

Municipal Engineer of the Municipality when so certified by
him in writing.