THE CORPORATION OF THE CITY OF FORT COQUITLAM

LAND USE CONTRACT

THIS AGREEMENT made the day of

SETWEEN:
TRE CORPORATION OF THE CITY oF PORT COQUITLAM
(hereinafter called the Municipality")

OF THE FIRST PART:

WESIGATE ENTERPRISES LTD.,
760 ~ 890 West Pender Streee,
Vancouver, B.C.

(hereinafter called the "Developer")

OF THE SECOND PART:

SREREAS the Municipality, pursuant to Section 702A 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 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 laud shall be
in accordance with such Land Use Contract;

AND WHEREAS the "Muaicipal Act™ requires that the Municipal Council,
in exercising the pewers 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 considera:ions thercof;

AND WHEREAS the Developer has presented to the Municipality a
schene of use and development of the within deseribed lands and premises
and has nade application to the Municipality to enter into this Land Use

Contract under the terms, 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 Sections 702(2) end JO2ZACL) of

the "Municipal Act", and the Port Cequitlam Official Community Plans,

has agreed to the terns, conditions and consideration herein contained;

AND WHEREAS a Land Use Contract is deemed to be a Zoning By-law for
the purposes of the "Controlled Access Highvays Act" and if the land is
so situated that it is subject to such "Act", the approval of the Minister
of Highways to the use sect forth in this Agreement must first be obtained
before the Municipality can enter into the same;

AND WHEREAS a Land Use Contract may not deal with any lands designated ©
flood plain on the Official Regionel Plan, 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 Sections 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 agreement
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, and unless at least two-thirds of
all the members of che Council vote in favour of the Municipality entering
into this Contract.

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

2. (a) In this Agreement unless the context otherwise requires:
"Building Inspector" shall be construed to rean and include
the Building Inspector for the Municipality and his duly
authorized ussistants 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 or works referred to here‘n
shall mean completion to the eatisfaction of the Municipal
Engineer of the Municipality when so certified by him in
writing.

"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 nay be
appointed to act for the Municipality. ;
"Work" or "Works" or any variation of these words shall be
construed to mean and include all work required to be done for
the setting out, the executioa and the completion of this

Agreement to the satisfaction of the Municipality.