ie ree “2 ; ‘AND WHEREAS the * junictpal Act’? requirea 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(1) “in arriving’ at the use and developnent pernaitted by any land development contract and the terns, conditions and considerations thereof; a AND WHEREAS the Developer has Presented to the Municipality a scheme of use and development of the within described lands and prenises vhich would be in contravention of a By-law of the Municipality or of Section 712 or 713 of the “Municipal Act”, or both, and has made application to the Municipality to enter inte this Land Use Contract undex the terns, conditions and for the considerations hereinafter set forth; AND WHEREAS the Council of the Municipality, having given due - THE CORPORATION CF THE CITY OF PORT COQUITLAM regard to the considerations set forth in Sections 702(2) and 702A(1) of LAND USE CONTRACT NO. 24 : the "Municipal Act", has agreed to the terns, conditions and considerations lerein contained; THIS AGREEMENT made the day of : AND WHEREAS a Land Use Contract is deeued to be a Zoning By- BETWEEN: . " ‘i law for the purposes of the "Controlled Access Highways Act" and if the THE CORPORATION OF THE CITY OF PORT COQUITEAM, , , : . a City Municipality under the "Municipal Act" land is so situated that it is subject to such "Act", the approval of £ the Province of British Columbi. d havi : fea Muatcivel offices at 2252 Mealliscer Avenue, the Minister of Highways to this Contract must first be obtained before in the City of Port Coquitlam, ia the Province . : of British Columbia. the Municipality can enter into same; (hereinafter called the “Municipality") AND WHEREAS a Land Use Contract dealing with any lands designated OF THE FIRST PART: + £lood plain on the Officinl Regional Plan of the Greater Vancouver Regional District may not be entered into until the said Contract is TRINODA HOLDINGS LIMITED, ‘ approved by the Minister of Munictpal Affairs; Suny Ro Courts : AND WHEREAS the Developer acknowledges that he is fully avare (hereinafter called the “neveloper") . of the provisions and linitations of Section 702A of the “Muntetpal OF THE SECOND PART: : Act", and the Municipality and the Developer mutually acknowledge and WHEREAS the Municipality, oursuant to Section JO2A of the a agree that the Council of the Municipality cannot enter into this Contract "Municipal Act", may, notwithstanding any By-law of the Municipality or ' untdl the Council has held a Public Hearing thereon, in the manner - Section 712 or 713 of the "Municipal Act" upon the application of an Prescribed by law, has duly considered the representations made and the owner of land within a development area designated as such by By-law of : opinions expressed at such Hearing, and uniess at least two-thirds of the Municipality, enter into a Land Use Contract containing such terms all of the members of the Council present and entitled to vote thereon and conditions for the use and development of the land as may be mutually vote in favour of the Municipality entering into this Contract; agreed upon and thereafter the use and development of that land shall, NOW! THEREFORE this Contract witnesseth that in consideration notwatnstanding any by-law of the Municipality or of Section 712 or 713 of tha premises and the conditions end covenants hereinafter set forth, of the "Municipal Act", be in accordance: with such Land Use Contract; the Munielpality and the Developer covenant and agree as follows: DN CHa Marts Lis