THE CORPORATION OF THE CITY OF Part LAND USE CONTRAC: THIS AGKEEMENT made the day of BETWEEN: THE CORPORATION OF THE CITY OF PORT COQUITLAM (hereinafter called the Municipality") OF THE FIRST PART: AND: IDEAL HOLDINGS LTD., 1776 Nanaiso Street, Vancouver, B. C. {hereinafter called the “Developer'') OF THE SECOND PART: WHEREAS the Municipality, pursuant to Section 702A of the “Municipal Act", may, notwithstanding any by-law cf 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 way be mutually agreed upon and thereafter the use and development of that land shall be in accordance vith such Land Use Contract; AND WHEREAS the "Municipal Act” requi-es that the Municipal Council, in exercising the povers given by Section 702A, shall have due regard to the considerations set out in Section 702(2) and Section 702A(1) ia 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 te the Municipality a schene of use and development of the within described lands and prenises and has wade 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) and 702A(1) of the "Municipal Act", and the Port Coquitlam Official Community Plens, has agreed to the terms, conditions and consideration herein contained; AND WHEREAS a Land Use Contract is deemed totbe atzontng By-lav for the purposes of the "Controlled Access Bighways Act™ and if the lend is so situated that it is subject to such "Act", the approval of the Hintster of Highvays to the use set forth in this Agreement must first be obtained before the Municipa}ity can enter into the sane; AND WHEREAS a Land Use Contract may not deal with any lands designated flood plain on the Official Regional Plan, until the said contract ifs 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 agreenent until the Council has held a public hearing thereon, in the sanner prescribed by lew, has duly consicered the representations made 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 Municipality entering into this Contzact. NOW THEREFORE this egreenent 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: 1. (a) In this Agreement unless the context othervise requires: “Butidiog Inspector" shall he construed to mean and fneclude the Building Inspector for the Municipality and his duly authorized assistants or such Consultants as may be appofatred to act for the Municipality. "Complete" or "Completion" or any variation of these words when used vith respect to the verk or works referred to herein shall mean completion to the satisfact'on of the Municipal Engineer of the Municipality when so certified by hin in writing. “Engineer" shall be construed to mean and include the City Engineer foc the Municipality and his duly authorized assistants or such Consulting or other Professional Engineers as nay be appointed to act for the Munfcipality. “Work” or "Works" or any variation of these words shall be construed to mean and incluce all work required to be done for the setting out, the execution and the coupletion of this Agreement to the satisfaction of the Municipalizy.