THAT pursuant to the provisions of section 798A of the Municipal. Act, By-law No. 115 of the Regional District of Fraser-Fort George

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1 1110. Approved and ordered this 3rd day of April,&m197q. At the Executive Council Chamber, Victoria, t '- Lkutertaru-Governor. PRESENT: The Honourable Mr. Barrett Mr. Lorimer Mr. Hall Mr. Macdonald Mr. Williams Mr. Stup1rh Mr. Nims I (7k Mr. Strnchan Mr. Kir. Mrs. D1:11y Mr. Cocke Mr. Hart ley Mr. Levi Mr. Calder of : in the Chair. To His Honour The Lieutenant-Governor in Council: The undersigned has the honour to recommend THAT pursuant to the provisions of section 798A of the Municipal Act, By-law No. 115 of the Regional District of Fraser-Fort George cited as "Land Use Contract Authorization By-law No. 115, 1972w be approved in the form of by-law hereto attached. DATED this 2nd day of Apr A.D Mini t of Municipal Affairs. APPROVED this 2nd day Apr A.D Presiding Member of the Exeucutive Council.

2 -P REGIONAL D1STLICT OF FRASER-FORT GEORGE By-law No, 115 A by-law to authorize the entering into of a Land Use Contract WHEREAS pursuant to the provisions of Subsection (1) of Section 79 8A of the Municipal Act, and the provisions of Section 702A of the Municipal Act, the Regional Board may, by by-law, enter into a Land Use Contract containing such terms and conditions for the use and development of the land as may be mutually agreed upon and, WHEREAS a Public Hearing, as required under Section 702A, has been held; AND WHEREAS this by-law has been approved by the Lieutenant Governor in Council; NOW THEREFORE the Regional Board of the Regional District of Fraser-Fort George in open meeting assembled enacts as follows: 1. The Regional District of Fraser-Fort George is hereby authorized and empowered to enter into a Land Use Contract with David C. Dalby in accordance with the form of contract designated Schedule A, and attached to and forming part of this by-law. 2. The Chairman and Secretary of the Regional District of Fraser-Fort George are hereby authorized and empowered to execute the said Land Use Contract with David C: Dalby and to register the said Land Use Contract at the Land Registry Office and to do all things necessary in relation thereto; 3. This by-law may be cited as "Land Use Contract Authorization By-law No. 115, 1972". READ A FIRST TIME THIS THE 8th DAY OF February READ A SECOND TIME THIS THE 8th DAY OF February READ A THIRD TIME THIS THE 8th DAY OF February I hereby certify the foregoing to he a true and correct copy of By-law No. 115, 1972, cited as "Land Use Contract Authorization By-law No. 115, 1972", as read a third time by the Regional Board on the 8th day of February,.1973 Dated at Prince George, B. C. this 14th day of February, Secretary. Treasurer 4 Q 'I/ T o. APPROVED BY THE LIEUTENANT GOVERNOR IN COUNCIL THIS DAY OF >. " m m 19 I o.= m kcondisered AND ADOPTED THIS DAY OF 19 ±- O o I hereby certify that this is a true copy of c v * By-law No. 115, "Land Use Contract Authorization 1 E By-law No. 115, 1972" as adopted by the Regional t 0 vboard on the day of 19 I C. w 'ci Dated at Prince George, B.C. this day u o 8 of 19. t. '5 II c > Zi P.3 a < 3 N8 c secretary Treasurer.284 a IA.1 a. 5 I

3 LAND ME CO='( T ACRLEMENT wade the day of 197 BIiii REGIONAL DISTRICT. OF FRASER-FORT GEORGE (Hereinafter called the Regional District of the First Part;) AND David C. Dalby, Suite 901, 1636 Harrow Street, Vancouver S, B.C. (hereinafter called the Developer of the Second Part;) WHEREAS the Regional District, pursuant to Sections 702A and 798A, may, notwithstanding any by-law of the Regional District, or Section 712 or 713 of the Municipal Act, enter into a land use contract containing such terms and conditions for the use and development of land as may be agreed upon with a developer, and thereafter the use and development of the land shall be in accordance with the land use contract; AND WHEREAS the Municipal Act requires that the Regional Board consider the criteria set out in Section 702(2) and 702/1;1) in arriving at the terms, conditions and consideration contained in a land use contract; AND WHEREAS the Developer has presented to the Regional District a scheme of use and development of the within described lands and premises that would be in contravention of a by-law of the Regional District or Section 712 or 713 of the Municipal Act or both, and has requested that the Board of the Regional District enter into this contract under the terms, conditions and for the consideration hereinafter set forth; AND WHEREAS the Boesd of the Regional District, having given due consideration to the criteria set forth in Sections 702(2) and 702A(1) of the Municipal Act, have agreed to the terms, conditions and consideration herein contained; 85

4 2 AND VHLRLAS if the land is within a radius of one-half mile of the intersection of a controlled access highway and another highway, the approval of the Minister of Highways to the terms hereof must be obtained; AND WHEREAS the Regional District and the Developer both acknowledge that the Board of the Regional District could not enter into this agreement, until the Board held a public hearing in relation to this agreement, and considered any opinions expressed at such hearing and unless twothirds of the Directors having among them two-thirds of the votes of the Member municipalities that are participating in the zoning function, and two-thirds of all the Directors having among them two-thirds of all the votes of the Regional Board voted in favour of the Regional District entering into this contract; NOW THEREFORE this agreement witnesseth that in consideration of the premises and the conditions and covenants, hereinafter set forth, the Regional District and the Developer covenant and agree as follows: OWNER 1. The developer is the registered owner of an estate in fee simple of all and singular that certain parcel or tract of land and premises,. situate, lying and being in the Prince George Assessment District, in the Province of British Columbia, and being more particularly known and described as: LAND Parcels B and D, North h of the North East Is of Lot 7354, Cariboo District, Plan (tereinafter.called the "land") ZONSENTS 2. The Developer has obtained the consent.of all persons having a registered interest in the land as set out in the schedule prefacing the consents to the use and development set forth herein which consents arc attached hereto. 2SUS 3. The land, including the surface of water, and any and all buildings and structures erected thereon, thercover or therein shall be used for the purpose specified in Schedule "A" hereto and for none other. 86

5 - 3 - SITING 4. No building or structure shall be constructed, reconstructed, altered, moved or extended upon the land except in compliance with the specifications and the plot plan set out in Schedule "Is" Ecreto, SIGNS S. No sign shall be erected upon the land or any building or structure thereon except those shown on the Plans and Specifications set out in Schedule "D" hereto. PARKING 6.. Off street parking and loading spaces shall be provided, located and constructed in accordance with the plan set out in Schedule "C" hereto. CONSTRUCTION 7. 'All buildings and structures skall 1.e constructed strictly in compliance with and according to the plans and specifications set out in Schedule "D" hereto. 8. All landscaping, surface treatments, fences and screens shall be constructed, located, provided and maintained in compliance with and according to the plans and specifications set out in Schedule "D" hereto. UTILITIES 9. All utilities, including water, sewer, gas, telephone and electricity, shall be placed, provided and constructed in compliance with and according to the plans and specifications set out in Schedule "E" hereto. HIGHWAYS 10. All highways, brides, lanes and walkways, including drainage, surfacing, curbs, gutters, street lighting, boulevards and street signs shall be provided, located and constructed in compliance with and according to the plans and specifications set out in Schedule "F" hereto. PARKS 11. All parks, public nace, playgrounds or other recreation facilities, to be dedicated by subdivision plan or otherwise provided, shall be provided, constructed and developed in compliance with and according to the plans and specifications set out in Schedule "II" hereto. 87

6 4 =DIVISION 12. No land shall be subdivided except in compliance with and according to the plans and specifications set out in Schedule "G" hereto. PAYMENT 13. Except as specifically provided in Schedule "I" hereto, the entire cost of the development of the land including the provision of all services and the provision and construction of the items set out in paragraphs 6 to 11 hereof shall be paid for by the Developer. OWNERSHIP 14. All works and services, buildings, structures, pipes and fixtures and development constructed, placed or carried out upon property that is now, or by this contract becomes vested in the Crown or the Regional District, or located upon highways required to be dedicated, shall, upon acceptance by the Department of Highways and/or the Regional District in writing, become the property of the Crown or the Regional Distiict free and clear of all claim by the Developer or any person claiming through the Developer, and the Developer shall save harmless the Crown and the Regional District from any such claim. MAINTENANCE 15. Except as provided in Schedule "J" hereto, the Regirmal District shall, from the date of acceptance, become solely responsible for the operation, upkeep and maintenance of any works and services and any building, structure, pipes and fixtures or development accepted by it pursuant to paragraph 14 hereof, but nothing herein contained ; shall be deemed to or require the Regional District to operate, maintain or repair such works and services, buildings, structures, pipes, fixtures or development in any manner or to any extent different from its obligations in relation to similar works, services, buildings, structures, pipes, fixtures or developments constructed by it out of its general funds. SECURITY 16. The Developer shall provide the Regional District with the security set out in Schedule "K" hereto to guarantee performance hereof. 88

7 - sanule 17. The Developer shall carry out the work and construct, locate, provide and develop the structures, buildings, works, services, developcmits and facilities according to the times set out in Schedule "L" hereto. REGISTRAT- 18. This Agreement shall be construed as running with the land and ION shall be registered in the Land Registry Office by the Regional District pursuant to the provisions of Section 702A(4) of the Municipal Act. INTERPRET- 19. ilienever the singular or masculine is used herein, the same ATION shall be construed as meaning the plural, feminine or body corporate or politic w%ere the context or the parties so require. BINDING 20. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. A public hearing on this agreement was held the day of 197 This Agreement was approved by the Minister of Municipal Affairs on the day of '197 This Agreement was approved on the day of 197, by a vote of two-thirds of the Directors having among them two-thirds of all the votes of the Regional Board. IN WITNESS WHEREOF the said parties to this Agreement have hereunto set their hands and seals the day and year first above written. 89

8 -6- THE CORPORATE SEAL OF 111E REGIO::AL DISTRICT OF FRA!;LR-FORT GEORGE WAS affixed in the presence of: Chairman SEAL Secretary-Treasurer SIGNED, SEALED AND DELIVERED in the presence of: Name Address Occupation THE CORPORATE SEAL of was affix&i in the presence of SEAL 90

9 LAND USU. CONTRACT - David C. Pal by SCHITULF "A" The Use of Land, Buildings and Structures shall be restricted to: a. A campsite for tents and recreational vehicles, subject to the Provincial Campsite Regulations. b. Picnicking facilities. c. A swimming pool or pools for the use of the clients of the campground and picnic area. d. Recreation and play areas for the use of clients of the campground and picnicking areas. e. The salc.of essential pre-packaged groceries, soft drinks, ice, souvenirs, and camper's accessories, not occuping more than 1,000 square feet excluding storage areas. f. One dwelling unit for the use of the resident manager of the facilities. g. Buildings and structures accessory to the uses permitted above. Not withstanding the above, no member of the public shall use, occupy, or inhabit any campsite until the works shown as Phase I in Appendix A to Schedule "B" are completed, as required by this agreement. No work on the development of that part of the development shown as Phase III shall be undertaken until that part of the development shown as Phase I has been completed. SCHEDULE "B" Plot Plan and Specifications. a. Plot Plan. The plot plan of the development shall be as set forth in Appendix A to this Schedule, which is attached to and made part of this agreement. b. Site Area. The minimum site area applicable shall be as set forth in Appendix A to this Schedule. c. Front, Rear, and Side Yards. No building structure, off-street parking space, tenting space, trailer space, campsite, picnic table, camp-stove, or other structure or work excluding a raod which provides egress or access to the campsite shall be lezated within 2S feet of any lot line. d. Site Coverage. The provisions of the zoning by-laws of the Regional District otherwise applicable to the land shall apply. e. Height of Buildings and Structures. The provisions of the zoning and building by-laws of the Regional District otherwise applicable to the land shall apply. f. Number of Units Permitted. Not applicable. The maximum number of. units shall he determined by the Provincial Campsite Regulations. 91

10 Land Use Contract - David C. Dalbv Schedules Page 2 SCHEDULE "C" Off-street Parking. Off-street parking shall be provided as indicated on Appendix A to Schedule "B" of this agreement. SCHEDULE "D". A. Signs. The following signs are permitted, subject to the provisions of the building by-laws of the Regional District otherwise applicable to the land and to the Highway's Act and regulations made there under. a. One sign or a combination of signs not exceeding 52 square feet in area on one side, may be located not closer than 2 feet to the front lot line of Block B. The purpose of this sign being to indicate the entrance tc. the campground. b. One sign not exceeding 20 feet in height and not exceeding 80 square feet in area on one side, may be located not closer than 20 feet to the front lot line of Block B. c. Signs as required to indicate the location of facilities within buildings may be located on the buildings concerned, provided that each sign shall not exceed 16 square feet in area. d. Such signs as are required to indicate the location of campsites, the direction or travel on internal roads, and the location of facilities may be located within the land. B. Buildings and Structures. Buildings and structures shall be constructed in accordance with the building and plumbing by-laws of the Regional District, otherwise applicable to the land. Buildings and structures shall be located in accordance with Appendix A to Schedule B of this agreement. C. Landscaping, surface treatments, fences and screens. A buffer area of not less than 25 feet in width shall:13e maintained around the perimeter of the land. Such a buffer area shall be used only as a buffer area, and the only construction permitted thereon shall be a road providing access to the land. No land, shrubbery, trees or vegitation shall be removed from the buffer area, except as part of the landscaping programme and except where the removal of such land, shrubbery, or trees is necessary for reasons of safety. In the event that a landscaping programme is undertaken in the buffer area there shall be no unnecessary removal of trees. SCHEDULE "E" Utilities. The developer shall provide a source of potable water to each and every campsite, to any dwelling unit or laundry area and shall provide water stand.pipes as required, so that no campsite is more than 100 feet from a water stand pipe. The required water supply shall be approved by the Medical Health Officer and no campsite may be occupied by any member of the public, prior to the denositing with the Regional District of a letter from the Medical Health Officer indicating that the water supply as installed meets with his approval. 92

11 Land Use Contract - David C. Dalhv Schedules Page 3 The developer shall provide sewage disposal facilities in accordance with Provincial regulations pertaining to sewage disposal facilities, and he shall provide at least one site where effluent from self contained trailers or recreational vehicles may he deposited. No campsite may he occupied by any member of the public until the developer has deposited with the Regional District evidence that the sewage disposal facilities installed meet the applicable Provincial regulations. Electric service shall be provided to each camnsite and to the other buildings and structures located on the land as required by the developer. No campsite shall be occupied by any member of the public until the developer has deposited with the Regional District evidence that the installation of electrical utilities meets the requirements of the Provincial Government regulations. SCHEDULE IT? Highways, Bridges, Lanes, Walkways, Street Lighting;,Boulevards, and Street signs The internal road system shall be constructed in accordance with the development plan shown as Appendix A to Schedule B of this agreement. The surface of internal roads intended for one-way travel shall have a minimum width of 12 feet, and the surface of internal roads intended for two-way travel shall have a minimum width of 24 feet. All roads shall be surfaced with crushed gravel to minimum depth of 2 inches, and shall be adequately drained. SCHEDULE "G" Subdivision. No subdivision of the land shall be permitted, provided that should the developer so desire Blocks B and D of the N.1/2 of the N.E.1/4 of District Lot 7354, Cariboo District, Plan 11868, may be consolidated into one parcel. SCHEDULE "H" Parks, Public Space, and Recreational Facilities. The recreation areas shown on the development plan attached hereto is Appendix A to Schedule B shall be located in the areas shown on the development plan and shall be suitably landscaped. Any swimming pool constructed as part of this development shall meet the regulations pertaining to swimming pools, that may be established from time to time by the Regional District or the Provincial Government. SCHEDULE "I" The entire cost of the development of the land including the provision of all services and the provision in construction of the items required in this agreement shall be paid for by the developer. SCHEDULE "J" The Regional District shall not become responsible for the operation, up-keep, and maintenance of any works and services and any building structure pipes and fixtures or development located on the land. 93

12 Land Use Contract - David C. Dalhy Schedules Page 4 SCHEDULE "K" Performance Security. No performance security is required. SCHEDULE "L" All facilities shown as being within the area designated as phase I and phase II on the development plan attached as Appendix A to Schedule "B" of this agreement, shall be completed by the first day of July, All buildings and structures, and development shown as being within Phase III of the development shall be completed by the first day of July,

13 ROADS CALIPSITIS (TERMS) PICRIC TABLES CACI, STCYES WATER,SE6111 d Luca:cur C.J:i CATER & ELECTRICITY NUR arm IRO') ELECTRICITY 54CITIR7 Cli211, STATION PATHS STREET 4 PATH MOTS VAS!, RECEPTACLE A...- toys 0 4:0 a.= =Jot DR'', E -Throucs SITES ;77 1 ritn SELER i-4,,./ / _. t Zr -:' C otru-notauca mu elflicst SEWER ;ACUTE SITES, g---7,1111, j ,...,...p....a,...,.,4,7 '1" THIS IS irrmix "A" REFERRED IN SCIIEDULE "Er OF THE LAND USE CONTRACT FOR DAVID C. DAM AREA FOR LAND USE CONTRACT SICAN OUTLINED -- C", - P zi f!, 7-4 T 4 for' L'" IV'. 1./ Lf- A7; te : &1fr :f.:11; 1% 1 if