THE CORPORATION OF THE CLTY OF PORT COQUITLAM

LAND USE CONTRACT NO. 30

THIS AGREEMENT made the day of A.D. 197
“BETWEEN: .
THE CORPORATION OF THE CITY OF PORT COQUITLAM,
a City Municipaiity under the "Municipal Act"
of the Province of British Columbia, and having
its Municipal Offices at 2272 McAllister Avenue,

in the City of Porte Coquitlam, in the Province
of British Colunbia,

(hereinafter called the "Municipality")
OF THE FIRST PART:

Walter Gordon Mitt, .
Clara Laverne Mitt,

2129 Rindall Avenue,
Port Coquitlan, B. C.

(hereinafter called the Developer")
OF THE SECOND PART:

WHEREAS the Municipality, pursuant to Secticn 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 developnent 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 ani 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;

ND WHEREAS the "Municipal Act" requires that the Municipal
Council, in exercising the powers given by Section Jo2a, shall have due
regard to the considerations set out in Section 702(2) and Section
702A(1) in arriving at the use and development pernitted by any land
development contract and the terms, conditions and censiderations thereof;

AND WHEREAS the Developer has presented to tha Municipality a
scheme of use and development of the vithin described lands and premises

which would be in contravention of a By-law of the Municipality or

“2

of Section 712 or 713 of the "Municipal Act”, or beth, and has sade
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 7O2AC1) of

the "Municipal Act", has agreed to the terms, conditions and considerations

herein contained;
AND WHEREAS a Land Use Contract is deemed to be a Zoning By-

law for the Purposes of the “Controlled Access Highways Act” and if the

_ land isso situated that 42 is subject to such “Act”, the approval of

‘the Minister of Highways to this Contract must first be obtained before

the Municipality cen enter into sane;

AND WHEREAS a Land Use Contract dealing with any lands designated
flood plain on the Official Regtonal Plan of the Greater Vancouver
Regional District may not be entered into until the said Contract 1s
approved by the Minister of Municipal Affairs;

AND WHEREAS the Developer acknowledges that he is fully aware

- of the provisions and Limitations of Section 702A of the "Municipal

Act", and the Municipality and the Developer mutually acknowledge aad
agree that the Council of the Municipality cannot ester into this Contract
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;

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

1. In this contract, unless the context otherwise requires:

“Chief Inspector" shall be construed to tean and include the

Building Inspector for the Municipality and his duly authorized

assistants 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

herein shall mean completion to the. satisfaction of the

Municipal Engineer of the Municipality whea so certified by -
hin in writing. :