THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT
THIS AGREEMENT nade the day of A.D. 197

BETWEEN:

TEE CORPORATION OF TRE CLTY oF PORT COQUITLAM,

a City Municipality under the "Municipal Act"

of the Province of British Columbia, and heving
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:

AIRWATE CELLCRETE LTD.,
2256 Clare Place,
Pore Coquitlam, B.C.
(hereinafter called the "Developer")

OF THE SECOND PART:

WHEREAS the Municipality, oursuant to Section 762A of the
“Municipal Acc", may, Rotwithstanding 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 @ Land Use Contract containing such terms
and sontitions for the use and development of che’ dand as may be mutually
agreed upon and thereafter the use and development of that iand sha}l,
Notwithstanding any By-law of the Municipality or of Section 712 or 713
of the "Municipal act", be in accordance with such Lend Use Contract;

AND WHEREAS the "Municipal Act" requirea that the Municipal
Cauncil, in exercising the powers given by Section 702A, ehali have due
Tegard to the considerations set out in Section 702(2) and Section
792a(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 laads and premises

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

1

of Section 712 or 713 of the "Munteipal Act", or both, and has nade

application to the Municipality to enter into this Land Use Contract
under the terms, conditions and for the considerations herefoafter set
forth;
AND WHEREAS the Council of the Municipality, having given due
Tegard to the. considerations set forth in Sections 702(2) and 702A(1) of
the "Municipal Act’, has agreed to the terms, conditions and considerations
herein contained;
AND WHEREAS a Land Use Contract is Seexed-to be a Zoning By-
daw for the purposes of the "Controlled Access Highways Act" and if the
land is so situated that it is subject to such “Act, the approval of

the Minister of Highvaya to 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 avare
of the provisions and limitations of Section 702A of the "Municipal
Act", and the Municipality and che 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
Preecribed by law, has duly considered the representations wade and che
opinions expressed at auch Hearing, and unless at least two-thirds of .
all of the members of the Council Present 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 conditioas and covenants hereinafcer set forth,
the Municipality and the Developer cevenant and agree as follows:
Definitions:

ln this contract, unless the context otherwise requires:

"Chief Inspector" shall be construed to mean and include the

Buliding Inspector for the Munictpality 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

whes used with respect to the work or works referred to

herein shali mean completion to the satisfaction of the ‘ +

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

SS TIE Sees State MSE ERD Oe Shee aethat aE