~ LAND USE CONTRACT

THIS AGREEMENT made the day of

BETWEEN: . .
THE CORPORATION OF THE CITY OF PORT COQUITLAM
(hereinafter called the “Municipality") ,

_ OF THE FIRST PART:

GREATER VANCOUVER HOUSING CORPORATION,
2294 West 10th Avenue,
Vancouver, B. C,

(hereinafter called the "Developer"

OF TUR SECOND PART:

WHEREAS the Municipality, pursuant to Section 702A of the "Yuntetpal
Act", may, notwithstanding any by-law of the Municipality, or Section
nm or 713 of the “Municips] Act" upon the application of an owner of
area desi

land within a devel P d as such by By-law of the

Municipality, enter into a Land Use Contract containing auch terms and

conditions ‘for the use and development of the land as may ba gutually
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" requizes that the Municipal Council,
in exercising the powers given by Section 702A, shall have due regard to
the considerations set out in Section 702(2) and Section 702A(3) da
arriving at the use and development permitted by any land development
contract and the terms, conditions and considerations thereof;

. AND WHEREAS the Developer has presented to the Municipality a
achens of use and development of the within described lands and premises
eee, and ass sade application to the Municipality to enter into this Land Use
" contract under the terma, conditions’ and for the consideration heredosfter

sat forch; Sa . Dh

> AND, WHEREAS the Council of the vuntetpality, having given due
regard to the. conatderat fine. ‘net forth {n Sections. 102(2)- and 702401), of
the "tuntetpal Act", and the Port Coquitlam Official Community - Plans, -

haa aareed to the terms, conditions ‘and coustderation herein contained,

ee eet a ae A

-2- .

AND WHEREAS a Land Use Contract is deemed to be a Zoning By-law for
the Purposes of the "Controlled A:ceas Highways Act" and tf the land ie
80 situated that 1¢ fs subject to such "act", the approval of the Minister
of Highways to the use set forth in this Agreenent aust first be obtained
before the Municipality can enter into the same;

AND WHEREAS & Land Use Contract may not deal with any lands designated
flood plain on the Official Regional Plan, until the said contract ta
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”
end the Municipality and the Developer mutually acknowledge and agree
that the Council of the Municipality cannot enter into this agreenent
until the counesl has held a public hearing thereon, in the manner
prescribed by law, has duly considered the representationa 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. . . /
xow THEREFORE this @greecent witnesseth that in cousideratian of
the premises and the conditions and covenants hereinafter set forth, the
Municipality and the Developer covenant and agree as follows:
i. + (a) in this Agreement unless the context othervise requires:
“Building Ins ector!’ shall be construed to sean and faclude
the Building Inspector for the Municipality and his duly

authorized assistants or such Consultants as may be appofated

to act for the Municipality, :

“Complete” or "Completion" or any variation of these words

when used with Tespect to the work or works referred to herein

shall mean completion to the satisfaction of the Municipal
Engineer of the Municipality when so certified by him in
writing.

"Engineer" shalt be construed to mean and include the City
Engineer for the Municipality aad his duly authorized assistante
or such Consulting or other Profeasional Envineers as pay be
appointed to act for the Municipality. -

"Work" or ~Workal" Of any varfation of these words shell be
construed to mean and include al) work tequired to be done for
the nett ing out, the execution and the conpiottun of this

wy Agreement to. the satisfaction of the Mundctpalicy, .