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THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRACT NO. 17

THES AGREEMENT made the day of
BETWEEN:
THE CORPORATION OF THE CITY OF PORT COQUITLAM
272 MeAllister Avenue,
Port Coquitlam, B. C.
(hereinafter called the " unicipality")

"OF THE FIRST PART:

FLORENCE MYLROTE

2156 Prairie Avenue,

Port Coquitlam, B. C.

FRANK YERIO RIMMEL AND MARY MILDRED KISEL

2032 Suffolk Avenue,

Port Coquitlan, B. C.

(hereinafter called the "Developer")

OF THE SECOND PART:

BKHEREAS the Municipality. pursuant to Section 702A of the “Municipal
Act", nav, notwithstanding anv by-law of the Municipality, or Sectior
712 or 713 of the “Municipal Act" upon the application of an owner of
land within a development area desienated as such by By-law of the
Municioality, enter into a Land Use Contract containing such terms and
conditions for the use and developzent of the land as Ray be mutually
acreed upon and thereafter the use and development of that land shall be
in accordance with such Land Use Contract:

-AND WHEREAS the "Municipal Act" requires that the Municinsl Council,
in exercising the powers given by Section 702A, shall have due regard to
considerations set out in Section 702(2) and Section 7O2A(L) in
arriving at the use and developrent permitted by any land development

contract and the terns, conditions and considerations therzof;

AND WHEREAS the Developer has Presented to the Municipality a
schene ef use and development of the within Cescribed lands and premises
and has sade application to the Menicipality to enter into this Land Use
Contract under the terns, conditions and for the consideration hereinafter
set forth;

AND WHEREAS the Council of the Municipality, having given due
regard to the considerations set forth in Scetions 702(2) and 702A(1) of
the "Municipal Act", and the Fort Coquitlam Offteial Comunity Plans,

has agreed to thy terms, conditions and consideration herein contained;

AND WHEREAS a Land Use Contract ts deemed to be a Zoning Sy-law for
the purposes of the “Controlled Access Wighvays Act” and if the land is
80 situated thac it is subject to such "Act", the approval of the Minister
of Highways to ths use set forth in this Agreement nust first be obtained
before the Municipality can enter inte the sane;

AND WHEREAS a Land Use Contract may not deal with any lands cesignated
flood plain on the Offictal Regional Plan, until the said contract ts
approved by the Minister of Municipal Affairs;

AND WHEREAS the Developer acknowledges that he is fully avare of
the provisions and limitations of Sections 702A of the " tunicipal Act'*
and the Municipality and the Developer mutually acknowledge and agree
that the Council of the Municipality cannot enter into this agreesent
until the Council has held a public hearing thereon, in the nanaer
prescribed by law, has duly considered the representations nade and the
opinions expressed at such hearing, and unless at least two-thirds of
all the members of the Council vote in favour of the HMunileipalicy entering
into this Contract.

NOW THEREFORE thic agreement witnesseth that in consideration of
the premises and the conditions and covenants hereinafrer set forth, the
Municipality and the Developer covenant and agree as follows:

1. (a) _ Im this Agreement unless the context otheruise requires:
“Building Inspector" shall be construed to mean and include
the Building Inspector fer the Municipality and his duly
authorized assistants or such Consultants as nay be appointed
to act for the Municipality.

"Complete" or "Conpletion" or any variation of these words
when used with respect to the work or works referred to hereia
shall nean conplerien to the satisfaction of the Municipal
Engineer of the Municipality when so certifted by hin in
writing.

“Engineer” shall be conserucd to mean and incivde the city

Engineer for the Municipality and his duly authorized asciscaats

or such Consulting or other Professional Engineers as ray be
appointed to act for the Municipality,

"Work" or “Works” or any variation of these words shall be

construed to mean and include all vork Fequired te be done for
the setting ont, the execution and the completion of this

Agreemeat to the satinfaction of the Munfetpal{ty.

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