THE CORPORATION OF THE CITY OF PORT COQUITLAM

LAND USE CONTRA

THIS AGREEMENT made the day of
BETWEEN:

TRE CORPORATION OF THE CITY OF PORT COQUITLAM

(hereinafter called the “Municipalicy")

OF THE FIRST PART:

CLAP~FOR HOLDINGS .LTD., 348 Columbia Street, New Westminster, 3. 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 of: the Municipality, or Section
712 or 713 of the "Municipal Act" upon the application of an owner of
iand within a development area designated as such by By-law of the
Municipality, enter into a Land Use Contract containing such terms and
conditions ior the use and development of the land as may be mutually
agreed upon and thereafter the use and development of that land shall be
in accordance with such Land Use Contract;

AND WHEREAS the "Municipal Act’ requires that the Municipal Council,
in exercising the powers given by Section 702A, ohall kave due regard to
the considerations set out in Section 702(2) and Section 702A(2) in
arriving at the use and development permitred by any land development
contract and the terms, conditions and considerations thereof;

AND WHEREAS the Developer has Presented to the Municipality a
Scheme of use and development of the within described lands and premises
and has made application to the Municipality to enter inte 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 7O2A(1) of

the "Municipal Act", and the Port Coquitian Official Comunity Plana,

bas agreed tc the terns, conditions and consideration herein contained;

- the purposes of the "Controlled Access Highways Act" and if the land is

» 60 situated that it is sybject to such “Act", the approval of the Minister
of Highways ta the use set forth in this Agreement must first be obtained

: before the Municipality can enter inte the same;

AND WHEREAS a Land Use Contract may not deal with any lands designated
flcod plain on the Offictal Regional Plan, until the caid contract is
approved by the Minister of Punicipal Affairs;

AND WHEREAS the Developer acknowledges that he is fully aware of
the provisions and limitatiors of Sections 702A of the “Municipal Act"
and the Municipality and the Developer mutually acknowledge aad agree
that the Council of the Municipality cannot enter tato this agreement
until the Couneil has held a public hearing thereon, in the manner
prescribed by law, has duly considered the Tepresentations made and the
opinions expressed at such hesring, 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 and covenants hereinafter set forth, the
Municipality and the Developer covenant and agree as follows:

1. (a) In this Agreement 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 Consultante as may be appointed
to act for the Municipality.

"Complete" or "Completion" or any variaticn of these words
when used with respect to the work or works referred to herein
shall mean completio; to the satisfaction of the Municipal
Engineer of the Municipality when so certified by hin in
writing.

"Sngineer" 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 nay be
appointed to act for the Municipality.

"Work" or "Works" or any variation of these words shall te
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.