THE CORPORATION OF THE CITY OF PORT COQUITLAM LAND USE CONTRACT NO. 20 THIS AGREEMENT made che day of 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: CLAR-FOR HOLDINGS LTD., 2873 - 595 Burrard Street, Vancouver, B.C. (hereinafter called the “Developer") OF THE SECOND PART: WHERPAS 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 che 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 land shall, notwithstanding any By-law of the Municipality or of Section 712 or 713 of the "Municipal Act", be in accordance with such Land Use Contract; AND WHEREAS the "Municipal Ace" requires that the Municipal Council, in exercising the powers given by Section 702A, shall have due tvegard 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 terns, conditions and considerations thereof; AND WHEREAS the Developer has presented to the Municipality a scheze of use and development of the within described lands and prenises which would be in con:ravention of a By-law of the Municipality or ~2- of Section 712 or 713 of the "Municipal Act", or beth, and haa 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 "Municipal Act", has agreed to the terns, conditions and considerations herein contained; AND WHEREAS a Land Use Contract is deemed te be a Zoning By- law for the purposes of the "Controlled Access Highways Act" and if the land is so situated that it ts subject to such "Act", the approval of the Minister of Highways co this Contract must first be obtained before the Municipality can enter into same; AND WHEREAS a Land Use Contract dealing with any lands des ignated 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 the Developer cutually acknowledge and agree that the Council of the Municipality cannot enter into chis Contract until the Council has held a Public Hearing thereon, in the sanner prescribed by law, has duly considered the ¥vepresentations made and the opinions expressed at such 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 prenises 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: "Chi2f Inspector" shall be construed to mean and include the Building Inspector for the Municipality and his duly authorized assistants or such Consultants ac may be appointed to act for the Municipality, "Complete" or “Completion” or any variation of these words when used with respect to the work or works referred to herein shall mean completion to the satisfaction of the Municipal Engineer of the Municipality whea so certified by hin in writing.