THE COKPORATION OF THE CITY OF PORT COQUITLAM

.

LAND USE CONTRACT

THIS AGREEMENT made the day of A.D. 19
BETWEEN:

THE CORPORATION OF THE CITY OF PoRT COQUITLAM

(hereinafter called the "Municipality")

OF THE FIRST PART:
AND:

HORNER DEVELOPMENTS LID.

1036 Cazbie Road

Richmond, British Columbia

{hereinafter called the “Developer")

OF THE SSCOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the "Municipal
Act", nay, notwithstanding any by-law of the Municipality, or Section
712 or 713 of the "Yunictpal Act" upon the application of an ower of
laad within a development area designated as such by By-law of the
Municipality, enter into a Land Use Contract containing such terns and
conditions for the use and development of the land as may be mutuelly
agreed upon and thereafter the use and development of that land shall ke
in accordance with such Land Use Contract;

AND _WEEREAS the "Municipal Act" requires that the Menicipal 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 terns, conditions and considerations thereof; ,

AND WHEREAS the Developer has presented to the Municipality a
schene of use and development of the within described lands and premises
and has made application to the Municipality to enter into ‘this Land Use
Contract under the terms, conditions and for the consideration herednafcer
set forth; : .

AND WHEREAS the Council of the Municipality, having given due
regard to the considerations sec forth in Sectiens 702(2) and 702A(1) of

the "Municipal Act", and the Pert Coquitlam Official Community Plans, ~

has agreed to the teras, conditions and consideration herein contained:

AND WHEREAS a Land Use Contract is deened 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 Highways to the use set forth in this Agreement must first be obtained
before the Municipality can enter into the sane;

AND WHEREAS a Land Use Contract may not deal with any lends designated
flood plain on the Official Regional Plan, until the satd 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 Sections 702A of the “Municipal Act!
and the Municipality and the Developer wutually acknowledge and agree
that the Council of the Municipslity cannet cater into this agreement
until the Council has held a public hearing thereon, in the manner
Prescribed by law, has duly considered the representatiers 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 Contract. —

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

Ll. . (a) In this Agreenent unless the context otherwise requires:
“Building Inspector" shall be construed to mean 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 "Compleri yn"! or any variation of these words
when used with respect to the work or worka referred to herein
shall mean completion to the satisfaction of the Municipal
Engineer of the Municipality when so certified by hin in
writing.
“Engineer shall be construed to mean and include he City
Engineer for the Municipality and his duly authorized assistants
‘or such Consulting or other Professional Engineers as may 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 execution and the completion of this

Agreement, to the satisfaction of the Municipality,