-~2- AND WHEREAS a Land Use Contract ts deemed to be a Zoning By-law 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 Wighways to the use set forth in this Agreement must first be obtulned before the Municipality can enter into the same; AND RHEREAS a Land Use Contract may not deal with any lands designated fleed plain on the Official Regional Plaa, until the said contract is approved by the Minister of Municipal Affairs; AND WHEREAS the Developer acknowledges that he is fully aware of provisions and limitations of Sections 7024 of the “Municipal Act" . the Muntetpality and the Developer mutually acknowledge and agree that the Ceuncil of the Municipality cannot enter into this‘ agreement until the Couneil has held a public hearing theresa, in the mauner rescribed by law, has duly considered the representations made and the opinions expressed at such hearing, and unless at least two-thirds of all the cenbers of the Council vote in favour ef the Municipality entering into this Contract. E this agreement witnesseth that in consideration of the prenises and the conditiens and covenants hereinafter set forth, the Municipality and the Developer covenant and agree as folleus: 1. (3) In this Agreement unless the context otherwise requites: “Building Taspecter" shall be construed to mean and include the Building Inspector for the Municipality and his duly authorized assistants or auch Consultants as may be appolnted to act for the Municipality. "Conplete” or "Corpletion" or any variation of these words when used with respect fe the work or works referred to herein shall nean completion to the satisfaction 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 may be appetated te act Cor the Mande tpalicy, “work” ur "works" or any varlation of these words shall be construed to mean and Include all work required to be done for the getting vul, the execution aad the completion of this Agreement to the satisfaction of: the Muutetpality,. -3- All other words and expressions in’ this Agreement, unless the context otherwlse requires, shall have the meaning assigned to them by the "City of Port Coquitlan Zoning By-law, 1969, No. 918", as amended or, if not defined therein, by the "Muncipal Act" or the "Interpretation Act” of the Province of Britiah Columbia. 2. ‘The Developer is the registered owner of an estate in fee sinple of ALL AND SINGULAR those certain Parcels or tracts of land and prenfses situate, lying and belng in the Clty of Port Coquitlam, {n the Province of British Columbia, and being more particularly known and described as: Lot t, Block 4, Plan 1213; S. 128° Jot 2, Block 4, Plan 1213; Lot 86, Block 4, Pian 45482; Lot €, Block 4, Plan 29963; Lot D, Biock 4, Plan 20063; all of District Lot 375, Group One, New Westninster District, and it is understood and agreed that with ninor exceptions caused by lone dedications, boundary adjuntmenta, and other Tike factorn the above-note five parceis of land will be included in a consolidating Subdivision Plan resulting in the creation of a lot with the legal description of: Lot District Lot 379, Group One, Plan New Westminster District and it is this said Loc to which this Land Use Contract applies aad the said Lot is hereinafter called "the land". A copy of the said Sub- division Plan is attached hereto as Appendix L. 3. The Developer has sbtained the consent of all persons holding any registered interest in the land as set out in the Consente to the use and developnent set forth herein, which Consents are attached hereto, 4. {a) The land, including the surface of water, and any and ail butldinga, atracturen and Saprovementn erected thereen, theres over or therein shall be used for the undernoted purposes only and for no other purposes whatanever: Apartment Residential Boarding Accessory Advertising Accessory Resf{deatial Accessory Of{~Street Parking Fanily Day Care Gut of Schooi Day Care Child Minding Group Day Care Pre School