HomeMy WebLinkAbout2010-06-07 Committee of the Whole Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COMMITTEE OF THE WHOLE
AGENDA
June 7, 2010
1:00 P.M.
Council Chamber
Committee of the Whole is the initial venue for review of issues. No voting
takes place on bylaws or resolutions. A decision is made to send an item to
Council for debate and vote or to send an item back to staff for more
information or clarification before proceeding to Council.
Note: If required, there will be a 15-minute break at 3:00 p.m.
Chair. Acting Mayor
1. DELEGATIONS/STAFF PRESENTATIONS - (10 minutes each)
1:00 p.m.
1.1
2. PUBLIC WORKS AND DEVELOPMENT SERVICES
Note: Owners and/or Agents of Development Applications maybe permitted
to speak to their applications with a time limit of 10 minutes.
Note: The following items have been numbered to correspond with the Council
Agenda:
1101 DP/046/10, 20690 Lougheed Highway
Staff report dated May 31, 2010 recommending that the Corporate Officer be
authorized to sign and seal DP/046/10 in support of a change of landscape
design.
Committee of the Whole Agenda
June 7, 2010
Page 2 of 3
1102 Excess Capacity/Extended Services Agreement LC 141/10, Balsam Street
and 133A Avenue
Staff report dated May 28, 2010 recommending that Latecomer Charges be
imposed and that the Corporate Officer be authorized to sign and seal
Latecomer Agreement LC 141/10.
1103 5th Annual Iron Mountain Triathlon
Staff report dated May 19, 2010 recommending the use of municipal streets
be authorized for the 51h Annual Iron Mountain Triathlon on Sunday, June 20,
2010.
3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police)
1131 Adjustments to the 2010 Collector's Roll
Staff report dated May 25, 2010 submitting information on changes to the
2010 Collector's Roll through the issuance of Supplementary Roll 03.
Submitted for information only
4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES
1151 Municipal -School District Master Agreement on Cooperation for the Joint Use
of Facilities and Coordination of Services
Staff report dated May 7, 2010 recommending that the Master Agreement on
Cooperation for the Joint Use of Facilities and Coordination of Services be
endorsed and that the Corporate Officer be authorized to sign the agreement.
1152 Lease of Lot 1 District Lot 399 GP1 NWD LMP 12218 for Supportive Housing
Project
Staff report dated June 3, 2010 recommending that the lease agreement
between the District of Maple Ridge and the Provincial Rental Housing
Corporation for the lease of Lot 1 District Lot 399 GPI NWD LMP 12218 be
approved and that the Corporate Officer be authorized to sign the agreement.
5. CORRESPONDENCE
F61FAI
Committee of the Whole Agenda
June 7, 2010
Page 3 of 3
C. OTHER ISSUES
1181
7. ADJOURNMENT
8. COMMUNITY FORUM
COMMUNITY FORUM
The Community Forum provides the public with an opportunity to ask questions of
Council on items that are of concern to them, with the exception of Public Hearing
by-laws that have not yet reached conclusion.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
Each person will be permitted 2 minutes to speak or ask questions (a second
opportunity is permitted if no one else is sitting in the chairs in front of the
podium). Questions must be directed to the Chair of the meeting and not to the
individual members of Council. The total time for this Forum is limited to 15
minutes.
If a question cannot be answered, the speaker will be advised when and how a
response will be given.
Other opportunities are available to address Council including public hearings and
delegations. The public may also make their views known to Council by writing or
via email and by attending open houses, workshops and information meetings.
Serving on an Advisory Committee is an excellent way to have a voice in the future
of this community.
For more information on these opportunities contact:
Clerk's Department at 604-463-5221 or clerks@mapleridge.ca
Mayor and Council at mayorandcouncil@mapleridge.ca
Checked by
Date: 10
r
Deep Roots
Greater Heights
TO:
FROM:
DISTRICT OF MAPLE RIDGE
His Worship Mayor Ernie Daykin DATE: May 31, 2010
and Members of Council FILE NO: DP/046/10
Chief Administrative Officer ATTN: C of W
SUBJECT: Development Permit Amendment
20690 Lougheed Highway
EXECUTIVE SUMMARY:
A development permit amendment application has been made in support of a change of
landscape design for the development located at 20690 Lougheed Highway.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DP/046/10 respecting property located
at 20690 Lougheed Hwy
DISCUSSION:
a) Background Context:
Applicant: Mandalay Property Corporation
Owner: Mandalay Property Corporation
Legal Description: Lot 804, D.L.278, Plan 25311
Plan 5740
OCP:
Existing: Commercial
Zoning:
Existing: C-2 (Community Commercial)
Surrounding Uses:
North:
Use:
Commercial
Zone:
C-2 (Community Commercial) & CS-1 (Service
Commercial)
Designation
Commercial
South:
Use:
Multi -Family Residential, Single Family Residential
Zone:
RM-4 (Multiple Family Residential), RS-1(One
Family Urban Residential)
Designation:
Urban Residential
East:
Use:
Commercial
Zone:
CS-1 (Service Commercial)
Designation:
Commercial
West:
Use:
Single Family Residential
Zone:
RS-1(One Family Urban Residential)
Designation:
Commercial
1101
Existing Use of Property:
Proposed Use of Property: Liquor Primary Establishment, Licensee Retail Store &
Commercial Retail Units
Site Area: 0.446 HA (1.1 Acres)
Access: Lougheed Highway & 207 Street
Servicing: Full Urban
Previous Applications: RZ/061/07, DP/061/07, VP/061/07
b) Project Description
The Development Permit for this project (DP/061/07) was originally approved by Council February
12, 2008. The applicant also addressed Council at the Committee of the Whole on April 12, 2010.
This application requests changes to the approved landscaping plan in that Development Permit.
Because the landscape buffer design did garner considerable discussion from the public during the
original approval process, this amendment request does not qualify as a minor amendment under
the "Maple Ridge Development Permit Delegation Bylaw No. 6478 - 2007". The neighbouring
townhomes preferred the Ash Tree design which would offer some immediate screening of the new
building. The cedar tree option will take some time to provide an upper lever screen over 8 feet
(2.5m). In support of the new proposed landscape design, the building no longer contains the open
second storey patio/deck at the southwest corner that was a concern at the Public Hearing. The
applicant has discussed the changes with the strata corporation of the neighbouring townhouse site
who continue to oppose the landscape changes.
Application DP/046/10 requests the following amendments:
1. Replacing 12 Ash trees along the southern boarder of the subject property with cedars
along the fence line.
As a result of raising the elevation of the subject property, the space available for planning the Ash
trees ranges from 18 - 24 inches. The proponent's landscape architect has advised them that a
minimum 48 inch planting area is required to ensure long term tree survival. Additionally as the Ash
trees were intended to be planted along the fence line, the crowns of the trees would have to be
severely pruned. As a replacement, the applicant has provided a solid 8 foot high cedar fence and
planted cedars along the fence line. The cedars have the best chance of long term survival with the
limited planting area and will maintain their foliage all year. This will provide additional privacy to the
residents in the townhouses living in the adjoining property to the south as they grow. An alternative
to the cedar trees is to require the applicant to plant the Ash trees in bulb -out areas that would
require construction and result in a potential loss of parking spaces.
2. Relocation of 3 shore Pine trees from the southwest corner of the subject property to the
meridian located within the parking lot near the vehicular entrance.
These trees were removed because this area contains sewer manholes requiring the area to be kept
open for ease of access and a retaining wall was required to be built around the storm sewer drain
area further limiting planting room. Additional space was found in a planting island within the
parking lot to relocate these trees.
-2-
3. Replacing 1 Amabillis Fir on the north side of the subject property fronting Lougheed
Highway with two Western Red Cedars.
The Amabillis Fir species is not currently available in Western Canada. The Western Red Cedars are
of equal size to the Amabillis Fir specified on the previously approved landscaping plan.
4. Replace 4 Himalayan Birch on the northwest corner of the subject property with 4 Fir trees.
A patio area was built for a tenant of the building, Waves Coffee, it was felt by the proponent that the
Fir trees provided better screen and sound barrier than the Birch trees.
c) Financial Implications:
A refundable Development Permit security of $60,185.00 was submitted with the original
Development Permit.
CONCLUSION:
The changes were required as a result of unforeseen problems in site development and grading. The
applicant considers the proposed planting changes to be equivalent to what was originally proposed
but the neighbouring site does not agree with the changes. The cedar trees will grow higher with
time and from a solid screen above 8 feet (2.5 m). The building has also been altered with the
elimination of the outdoor second storey deck thus reducing the noise and overview concerns. It is
recommended that Council support the revised landscape plan as applied under DP/046/10.
Prepared by: aen Csikos
(Plannini Technician
Jan g, MCP, MCIP
11 r of Piannin
by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
JC/dp
The following appendices are attached hereto:
Appendix A - Subject Property
-3-
I�r
i
-01.0-
i1 rF -SCALE
District of
Langley
F
Cn
0
N
Appendix A
P 56403 P 87'
48 18
o m
N Co
0
N
00 N
r N
O N
M1
0 n
6
N cv
35 36
11842
5
P 3 898
11836
4
co
r-
11828 CL
3
m 24
11819
11820
2
0 1i807
I
20690 Lougheed Hwy
0
o � CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
�; DATE: May 26, 2010 DP/046/10 BY: JV
F-7"�
District of Maple RidMAPLE RIDGE
ge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE: May 28, 2010
and Members of Council FILE NO: E08-015-1090
E01-052-001
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: Excess Capacity/Extended Services Agreement LC 141/10
EXECUTIVE SUMMARY:
A developer has subdivided land at Balsam Street and 133A Avenue. Part of the subdivision
servicing is considered to be excess or extended servicing in accordance with the Local Government
Act. The extended servicing benefits adjacent properties. Latecomer Agreement LC 141/10
provides the municipality's assessment of the attribution of the costs of the excess or extended
servicing to the benefiting lands.
RECOMMENDATION:
That with respect to the subdivision of lands involved in Subdivision SD/001/09 located at
Balsam Street and 133A Avenue, be it resolved:
1. That the cost to provide the excess or extended services is, in whole or in part, excessive
to the municipality and that the cost to provide these services shall be paid by the owner
of the land being developed, and
2. That Latecomer Charges be imposed for such excess or extended services on the parcels
and in the amounts as set out in the staff report dated May 28, 2010; and further
3. That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer
Agreement LC 141/10 with the subdivider of the said lands.
DISCUSSION:
a) Background Context:
The attached map identifies the lands which are involved in the subdivision and those which
will benefit from the excess or extended services. The cost breakdown for each excess or
extended service is shown on attached Schedule A.
1102
In addition, a copy of Excess Capacity Latecomer Agreement LC 141/10 is also attached for
information purposes.
b) Strategic Alignment:
Administration of excess or extended services legislation complies with the Smart Managed
Growth element of the Corporate Strategic Plan. The administration procedure supports the
requirement for a developer to construct municipal infrastructure in support of land
development and recognizes that the infrastructure may provide benefit to other land.
c) Policy Implications:
Part 26, Division 11, of the Local Government Act provides that where a developer pays all
or part of the cost of excess or extended services, the municipality shall determine the
proportion of the cost of the service which constitutes excess or extended service and
determine the proportion of the cost of the service to be attributed to parcels of land which
the municipality considers will benefit from the service. Latecomer Agreement LC 141/10
will provide such determination for Subdivision SD/001/09.
CONCLUSION:
A developer has provided certain services in support of Subdivision SD/001/09. Some of the
services benefit adjacent lands therefore, it is appropriate to impose Latecomer Charges on the
benefitting lands. Latecomer Agreement LC 141/10 summarizes the municipality's determination of
benefitting lands and cost attribution and also establishes the term over which such Latecomer
Charges will be applied.
Prepared by: Step{ en Judd, P.Eng.
m4npger of Infrastructure Development
Reviewed �y An r—.
ew Wood, PhD., P.Eng.
Mu L-nglneer
Approved byt Frank Quinn, MBA, P.Eng.
GM: Public Works & Development Services
rence: J.L. (Jim) Rule
Chief Administrative Officer
Ijl/kk
Schedule A
TYPE OF EXCESS OR EXTENDED SERVICE
1. OVERSIZE ON SITE
SERVICE
# BENEFITTING
COST OF
BENEFIT
LOTS
BENEFIT
ATTRIBUTED
BY PROPERTY
EXCLUDING
SUBDIVISION
Storm Sewer
2
$7,546.00
Lot 4, Plan 2409
(Balsam Street)
RN 73889-0000-7
1 x $3,546.00
Lot 5, Plan 2409
RN 73890-0100-8
1 x $4,000.00
Storm Sewer
1
$2,550.00
Lot 5, Plan 2409
RN 73890-0100-8
1 x $2,550.00
2. ONSITE SERVICE FOR ADJACENT PROPERTY
SERVICE # BENEFITTING COST OF COST PER BENEFIT
LOTS BENEFIT LOT ATTRIBUTED
BY PROPERTY
EXCLUDING
SUBDIVISION
Storm Sewer
(Statutory
R.O.W.)
3 $41,000.00 $5,125.00
A total of all of the aforementioned services for each property is as follows:
List Properties
Lot 4, Sec. 28, Tp. 12, Plan 2409, NWD
Lot 5, Sec. 28, Tp. 12, Plan 2409, NWD
Lot 4, Plan 2409
RN 73889-0000-7
1 x $5,125.00
Amount of Benefit
$8,671.00
$6,550.00
S PART 9
EP 79495
40
l P 2409
Al �r
Rem 8 �y� 3
ka
a 9�jy
A �c
Rem 25 \
q ry
,moo
2
P 26077 = 8'r 26
29 SUBDIVISION
ei P 20636
135 AVENUE
............I .............
..........................
..........................
..........................
..........................
P 24'09 ' ' ' ' ' ' ' ' ' P 2409 •
BENS TnNG .... 5 ... .
...... . . . _.PROP E� :. :. :.:.:.:.:.:.
. . . . . . . . . . . . . . . . . . . . . . . . . .
IW 4
LMP 46668
r
PARK
lsrao
19 wh
A20
18 a
IIRCHAVENUE
Iza9s
14
cv vJJ717
$
{ 20
21
22
23�
24�
25
13 p H
�Di
m
13JB7
7
f U90
I3S97
1,k368
IJ366
I ZiB1
P 636
76 a
o I33
��, vtr7a8
I— 18IM71
133A AVENUE
P 30269
'"7
v 4
y 9
w
2$m
1.Ji633
N 10
�
i8
°D
42
Z4O
27I335Im
'
BC
ntd
15
BCP 42355 21
PARK
20
19
18
LMP 46668 rSli
PARK
$ 42355 /
27 28
$0 29
2Fw
30
31{gp
31
7
$
25
24 Too
�Y
7
$ yFj
10
Rw 12
rll
B05An'
370
4
SUBDIVISION BOUNDARY BENEFITTING PROPERTIES
* CORPORATION OF THE
N DISTRICT OF MAPLE RIDGE
• ENGINEERING
DEPARTMENT
A, EXCESS CAPACITY/EXTENDED
SERVICES AGREEMENT
SCALE: LC 141 /10 SD 01 /09
N.T.S. DATE: MAY 2010 FILE/DWG No LC 141-2010
EXCESS CAPACITY LATECOMER AGREEMENT
LC 141/10 -- SD/001/09
THIS AGREEMENT made the day of , 2010:
,]:Iky9:14►A
Robert and Roslynn Poole
Bertsam Developments Inc.
c/o 13396 233 Street
Maple Ridge, B.C. V4R 2R6
(Hereinafter called the "Subdivider")
I:1►103
OF THE FIRST PART
THE DISTRICT OF MAPLE RIDGE, a Municipal Corporation under the "Municipal Act",
having its offices at 11995 Haney Place, in the Municipality of Maple Ridge, in the
Province of British Columbia
(Hereinafter called the "Municipality")
WHEREAS:
OF THE SECOND PART
A. The Subdivider has developed certain lands and premises located within the
Municipality of Maple Ridge, in the Province of British Columbia, and more
particularly known and described as:
Lot 26, Section 28, Township 12, Plan 20636, N.W.D. and
Lot 20, Section 28, Township 12, Plan BCP10664, N.W.D.
(Hereinafter called the "said lands");
B. In order to facilitate the approval of the subdivision of the said lands, the Subdivider
is required to construct and install the storm sewer services shown on the design
prepared by D. K. Bowins & Associates Inc., Job Name: Poole (Sheets 1 to 23) dated
February 22, 2010, reviewed as noted February 29, 2010. Project No. E08-015-
1090.
(Hereinafter called the "Extended Services");
Page 1 of 4
C. The extended services have been provided with a capacity to service the said lands
and other than the said lands;
D. The Municipality considers its cost to provide the Extended Services to be excessive;
E. The Subdivider has provided the Extended Services in the Amount of $51,096.00.
F. The Municipality has determined that
Lot 4, Section 28, Township 12, Plan 2409, N.W.D. and
Lot 5, Section 28, Township 12, Plan 2409, N.W.D.
(the "Benefitting Lands") will benefit from the Extended Services;
G. The Municipality has imposed as a condition of the owner of the Benefitting Lands
connecting to or using the Extended Services, a charge (the "Latecomer Charge") on
the Benefitting Lands in the following amounts:
Lot 4, Section 28, Township 12, Plan 2409, NWD (RN 73889-0000-7)
• $3,546.00 for use of the storm sewer on Balsam Street.
• $5,125.00 for connection to the storm sewer in the statutory right-of-way 36
metres west of Balsam Street
Lot 5, Section 28, Township 12, Plan 2409, NWD (RN 73890-0100-8)
• $6,550 for use of the storm sewer on Huston Drive
plus interest calculated annually from the date of completion of the Extended
Services as certified by the General Manager - Public Works and Development
Services of the Municipality (the "Completion Date") to the date of connection by the
Benefitting Lands to the Extended Services;
H. The Latecomer Charge when paid by the owner of the Benefitting Lands and
collected by the Municipality shall pursuant to Section 939 (7) of the Local
Government Act R.S.B.C. 1996, c.323 be paid to the Subdivider as provided for in
this Agreement.
NOW THEREFORE AS AUTHORIZED BY Section 939 (9) of the Local Government Act
R.S.B.0 1996, c. 323, the parties hereto agree as follows:
1. The Latecomer Charge, if paid by the owner of the Benefitting Lands and collected by
the Municipality within fifteen (15) years of the Completion Date shall be paid to the
Subdivider and in such case payment will be made within 30 days of the next June
30th or December 31st that follows the date on which the Latecomer Charge was
collected by the Municipality.
Page 2of4
2. This Agreement shall expire and shall be of no further force and effect for any
purpose on the earlier of the payment of the Latecomer Charge by the Municipality to
the Subdivider, or fifteen (15) years from the Completion Date, and thereafter the
Municipality shall be forever fully released and wholly discharged from any and all
liability and obligations herein, or howsoever arising pertaining to the Latecomer
Charge, and whether arising before or after the expiry of this Agreement.
3. The Subdivider represents and warrants to the Municipality that the Subdivider has
not received, claimed, demanded or collected money or any other consideration from
the owner of the Benefitting Lands for the provision, or expectation of the provision
of the Extended Services, other than as contemplated and as provided for herein;
and further represents and warrants that he has not entered into any agreement with
the owner of the Benefitting Lands for consideration in any way related to or
connected directly or indirectly with the provision of the Extended Services. The
representations and warranties of the Subdivider herein shall, notwithstanding
paragraph 2 of this Agreement, survive the expiry of this Agreement.
4. The Subdivider (if more than one corporate body or person) hereby agrees that the
Municipality shall remit the Latecomer Charge to each corporate body or person in
equal shares.
5. If the Subdivider is a sole corporate body or person, the Municipality shall remit the
Latecomer Charge to the said sole corporate body or person, with a copy to the
following (name and address of director of corporate body, accountant, lawyer, etc.):
6. In the event that the Subdivider is not the owner of the said lands, the owner shall
hereby grant, assign, transfer and set over unto the Subdivider, his heirs and
assigns, all rights, title and interest under this Agreement.
Page 3of4
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate
Seals, attested by the hands of.their respective officers duly authorized in that behalf, the
day and year first above written.
The Corporate Seal of Bertsam Developments Inc.
was hereunto affixed in the presence of:
Authorized Signatory
SUBDIVIDER:
Authorized Signatory - Robert Poole
Authorized Signatory - Roslynn Poole
The Corporate Seal of the DISTRICT
OF MAPLE RIDGE was hereunto
affixed in the presence of:
Corporate Officer -Authorized Signatory
Page 4of4
MAPLE RIDGE District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE: May 19, 2010
and Members of Council FILE NO: E01-035-001
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: 5th Annual Iron Mountain Triathlon
EXECUTIVE SUMMARY:
A request has been received for permission to use municipal streets for the 5th Annual Iron Mountain
Triathlon on Sunday, June 20, 2010 between 7:00 am and 3:00 pm. Road closures are not
anticipated for this event.
Authorization from Council is requested to allow the events to occur in Maple Ridge.
RECOMMENDATION:
THAT use of municipal streets be authorized for the 5th Annual Iron Mountain Triathlon on Sunday,
June 20, 2010, provided the conditions outlined in Schedule 'A' attached to the staff report dated
May 19, 2010 are met.
DISCUSSION:
a) Background Context:
From time to time, the Municipality is requested to allow the use of municipal streets for
organized events. Unless there are some unusual safety implications, approval is usually
given on condition that the Municipality be indemnified against any liability for injury or
damage resulting from the event. The conditions of approval of the event are attached as
"Schedule A".
The Iron Mountain Triathlon begins at 7:00 am at Whonnock Lake and use of the
surrounding streets is required. The triathlon is divided into two events: an Olympic Distance
Race (1.5 km swim, 40 km bike, 10 km run) and a Sprint Race (750 m swim, 22 km bike, 5
km run). The attached Run Course Map and Bike Course Map provide the detailed route
information. Road closures are not anticipated for this event. RCMP approval has been
obtained.
b) Strategic Plan:
Permitting of Maple Ridge street events promotes community development and often
highlights Maple Ridge's natural and built features.
1103
c) Citizen/Customer Implications:
This event does not require road closures. However, permission to use municipal streets
may cause some delays and inconveniences to other road users. Traffic control will be
provided by the event organizers.
d) Interdepartmental Implications:
The road use permit establishes that the event organizer must obtain the approval of RCMP
and Fire Department for traffic control and management, notify BC Ambulance Services as
well as Coordinate with Coast Mountain Bus Company (transit service) on any rerouting
requirements. The organizer must also attain permission to use Ministry of Transportation
facilities, Maple Ridge Municipal park facilities and the District of Mission roads.
e) Business Plan/Financial Implications:
The Business Plan recognizes that the District processes requests for use of municipal
streets as part of its services. The financial impact of the specific road use is limited to staff
processing effort.
f) Policy Implications:
Permission to use municipal streets is grantable under the District's policy practices.
g) Alternatives:
The District could refuse to permit the event to occur. In this event, the organizer would have
to cancel the event or arrange for alternatives.
CONCLUSION:
From time to time, the District is requested to allow the use of municipal streets for various events
and activities. The Iron Mountain Triathlon was held last year without incident.
Submitted by: ndrew Wood, PhD., PEng,
Municipal Engineer
Approved by: rank Quinn, MBA, PEng.
GM: Public Works & Development Services
WConrrence: J.L. (Jim) Rule
Chief Administrative Officer
RT/mi
Schedule 'A' To CQL1nGil Memorandum Dated May 19, 2010
5th Annual Iron Mountain Triathlon
Conditions of Approval
Approval for the event is given on condition that the organizers:
1. provide all necessary traffic controls, parking and emergency access acceptable to the
RCMP, Fire Department and the Corporation of the District of Maple Ridge (the District);
2. notify local Ambulance Services of the event;
3. make arrangements with Coast Mountain Bus Company for any required rerouting of buses;
4. obtain any required permits from the District of Maple Ridge Parks and Leisure Services
Department for park facility use;
5. obtain any required permits from the Ministry of Transportation for use of highways and facilities;
6. obtain any required permits from the District of Mission for use of their facilities;
7. advertise the event in a local newspaper and notify all surrounding businesses and residents of
the event (a minimum of one week prior to the event date);
8. make arrangements for all surrounding businesses and residents for access purposes
during the event;
9. must maintain access for emergency services to the effected areas at all times.
10. hold and save harmless the District from and against all claims, and damages arising out
of or in any way connected with the event;
11. obtain and maintain during the term of this event a comprehensive general liability
insurance policy providing coverage of not less than $5,000,000.00, naming the
Corporation of the District of Maple Ridge as an additional named insured and MUST have
the following statement written in the policy:
"Naming the District as an additional insured and providing that the said policy
shall not be cancelled, lapsed or materially altered without 30 days notice in
writing to the District."
Policies without this statement or an altered statement will NOT be accepted. The policy
shall also include a Cross Liability Clause. A copy of such policy shall be delivered to the
Corporate Officer prior to the event; and
12. refurbish all municipal infrastructure to an equal or better condition than that which
existed prior to the event, all within 24 hours of the completed event, to the satisfaction of
the District.
The Corporation of the District of Maple Ridge reserves the right to withdraw permission to use
municipal streets for this and future events should the organizers fail to comply with the above
requirements.
Chief Administrative Officer
District of Maple Ridge and
City of Pitt Meadows
11995 Haney Place, Maple Ridge,
BC V2X 6A9
Dear City Council,
Iron Mountain Triathlon
Race Director
Dean Stanton
Tel: 604.983.8433
This application is for race approval for the 5th Annual Iron Mountain Triathlon to be held
on June 20th 2010 at Whonnock Lake.
Please refer to the attached maps and information prepared by the Race Director and the
Engineering department.
This year there are 2 races an Olympic Distance Race (1.5K swim, 40K bike, 10K run)
and Sprint Race (750m swim, 22K bike, 5K run) and both of these races should be
finished by midday with start time at 7:00 AM.
Last year many competitors traveled from outside the Lower Mainland from such places
as Alberta, Washington State, Oregon State and Vancouver Island and Interior of BC and
stayed in hotels and spent money at local businesses.
This race is also a fundraiser for the Crohns and Colitis foundation of Canada.
I look forward to working with you to make this event grow bigger and better in 2010 and
beyond.
Regards,
Dean Stanton
Race Director
Iron Mountain Triathlon
O
O
N
O
4-J
V
a- J
.0L
V)
4-J
5O
L
i
raham st
U N
a C L) >
j:e
> Q
V<
rnn N
N
Q
r-I
_
o
®
276 St
0
284th St
o
w
1
.s.�
m
❑
�..
1
�
1
u
1
aham$. v
�
oC
�.'
C:
rC
-4
O
0
�
i1t 276 St l aj
_
•`L
LL
r
272 St� 1 272 St
Yl ❑
>
r
�.o ❑
r-A ti- 4
`v '-4
U-
N
0
.Z
u
v
N
L
v
4-
0
i -
� O C
O O
v u }
L v N
� U
u a
Graham
st
r
0
it
:�
11
Q
V
Q
�
jl
CL
J
O
rn
^
v
0
N
^
^
1
v
:3 v
—_
^
11
'^
o L-
_0'4
4-_
^
11
0
=3
0
v
�
c
11
u
u
0
11
c
0 v
•-
Q
Q
u
m
w
O
(Vrn
_
l_
Q
y
N
O
0
N
1
(
N
L
v
11
LA
O
u
O
u
1
Q
i1
N N
m
1
r-I
,4.- V)
1
E'
11
v M
IN
� V �
°
276
St
V)
Z
� p
sN-a
O
+�
� rZ,0
U
O cV C:
v �
v
c
O
4-
u
v
0
N
l/f
lJ
u
v
v
v
v
v
v
v
v
v
(6
L
i fn
(CQ N
C i
N 0
O
U
C
m i
cc a)-0
+' " M m
fB 'i 12
Q o
LO
0)
E �
a U l�
� O
(a �
Q o 0
O
N —_
o
o
cn
C to
_O O U)
U
L
F- > Q
Q O
T
o a�
,A
C
(1)
0
U
N
m
4-
0
a
0
J
u
c OF
World Police and Fire Games - Triathalon August 8th, 2009 (TCf)
- I -AL- - Transition
Run Route Run Turn around Bike Route
Iron Mountain Triathlon Traffic Management Plan June 20th, 2010
Sprint Triathlon Race 10:15 AM until 12:30 PM (estimated)
Tollow ve ice will o ow the last competitor and release the mars a s
Race in progress signs will be throughout the ride and run courses
A A
Dewdney Trunk Road Dewdney Trunk Road Dewdney Trunk Road
9V
116 Avenue
A
Ferguson Avenu '
m
MAR
114 Avenue � o
MAR N
a m N
c �
ID
N 112 Avenue w
R
112 Avenue y 112 Avenue
d
RC co
T 110 Avenue
o ]108 Avenue
N
n
N ! _
Run Route Run Turn around Bike Route Cones
2 loops 2 loops
Page 1 of 3
Ruby Tam
From: Dean Stanton
Sent: May 18, 2010 11:13 AM
To: Ruby Tam
Subject: Fwd: Iron Mountain Triathlon 2010 approval
Hi Ruby,
This is the RCMP approval
Cheers
Dean
Begin forwarded message:
From: "Roland PIERSCHKE" <roland. ierschke@rcm-rjrc.oc.ca>
Date: April 16, 2010 2:44:14 PM PDT
To: "Dean Stanton",
Subject: Re: Iron Mountain Triathlon 2010 approval
Yes, consider the email as your approval.
I've already spoken to Derrick Keist about the auxiliaries, but all means contact
Clint. They know the routine for you.
You should have a successful event as usual. If you need anything else let me know.
Roland Pierschke, Sgt.
NCO i/c Traffic Section
Ridge - Meadows RCMP
604-463-6251
direct line 604-467-7686
cell: 604-612-2311
Dean Stanton 2010-04-
16 11:19 >>>
Hi Roland
Thanks for the prompt reply.
Does that mean you approve it???
Please respond in writing.
And yes i do need some auxiliaries.
Do i go through you or contact Clint Van Blanken???
18/05/2010
Page 2 of 3
Cheers
Dean
On Apr 16, 2010, at 10:24 AM, Roland PIERSCHKE wrote:
Oh course I will support this event for the detachment. Do you
require any auxiliaries?
Roland Pierschke, Sgt.
NCO i/c Traffic Section
Ridge - Meadows RCMP
604-463-6251
direct line 604-467-7686
cell: 604-612-2311
Dean Stanton
2010-04-14 14:11 >>>
Hi Roland,
I hope you are well.
Thanks so much for all of your help in 2009.
I also want to again thank you for all your help last year at the
WPFG Triathlon at Whonnock Lake on August 8th 2009
I again am running the Iron Mountain Triathlon on June 20th
On June 19th there wil be swim races and a kids race but these will
be entirly within the park.
As before the Iron Mountain Triathlon will not close any roads.
Please refer to the attached maps
I need a written reply or approval from you.
Any questions let me know?
Cheers
Dean
Dean Stanton
Race Director
18/05/2010
Page I of 2
Ruby Tam
From: Dean Stanton
Sent: May 18, 2010 11:12 AM
To: Ruby Tam
Subject: Fwd: Iron Mountain Triathlon 2010 approval
Hi Ruby,
This is from the fire department
Cheers
Dean
Begin forwarded message:
From: Mark Smitton <msmitton@ma leridae.ca>
Date: April 28, 2010 4:36:42 PM PDT
To: Dean Stanton <dstanton@telus.net>
Subject: Iron Mountain Triathlon 2010 approval
Dean
The fire department has received the event maps and will ensure
responding firefighters are aware of the event.
Reminder: Parking at the Firehall is restricted to fire dept use only.
As you have stated, you will have measures in place to ensure that:
The front apron in front of the fire doors,
The parking lot and
Access to the parking lot
Will be marked off and monitored to ensure that they remain clear at all
times.
.Mari Sm&aa
tZ5'Ji.6tartt .5iW ' "
From: Dean Stanton
Sent: April 14, 2010 14:05
To: Mark Smitton
Subject: Iron Mountain Triathlon 2010 approval
Hi Mark
I hope you are well
First of all I want to again thank you for all your help last year at the WPFG
18/05/2010
Page 2 of 2
Triathlon at Whonnock Lake on August 8th 2009
I again am running the Iron Mountain Triathlon on June 20th
On June 19th there wil be swim races and a kids race but these will be entirly within the
park
As before the Iron Mountain Triathlon will not close any roads but I did ant to give you the
heads up for the Firehall #2 on 112th Ave.
please refer to the attached maps
Any firemen heading to the firehall for a call on Sunday will have to be aware of the race in
progress and cyclist going by on 112th Ave from 7:15 AM until about 12:00 PM on
Sunday June 20th.
I need a written reply or approval from you.
Any questions let me know?
Cheers
Dean
Dean Stanton
Tri 1 Events Ltd
www.trilevents.com
info @tri levents.com
604.879.8433
Dean Stanton
Tri 1 Events Ltd
www.tri1events.com
info@tri1events.com
604.879.8433
18/05/2010
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
Adjustments to 2010 Collector's Roll
EXECUTIVE SUMMARY:
DATE: May 25, 2010
FILE NO: T21-212-003
ATTN:
BC Assessment has revised the assessed value for the 2010 Collector's Roll through the issuance of
Supplementary Roll 03. The Collector is required to make all the necessary changes to the
municipal tax roll records and report these adjustments to Council.
RECOMMENDATION(S):
The report dated May 25, 2010 is submitted for information.
DISCUSSION:
a) Background Context:
Three folios are affected:
Three Class 1 properties were reviewed and assessments for improvements removed as they had
been demolished in prior years.
(Municipal tax revenue changes: decrease in Class 1(Residential) - $1,065)
b) Business Plan/Financial Implications:
There is a total decrease of $1,065 in municipal tax revenue.
[fill UOAIlyN►1; 9
A review of three properties resulted in a decrease of $272,100 to the Residential assessment base.
1131
This report dated May 25, 2010 is submitted for information and is available to the public.
I -a' %
Prepared by: Silvia R edge
Manager, Revenue & Collections
/ f
Approved r y. Paul Gill, B.B.A.; C.G.A.
General Manager: Corporate & Financial Services
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
District of Maple Ridge
L on R00t�
�red'Pr i�+it�j f5
TO: His Worship Mayor Ernie Daykin DATE: 2010 05 07
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: Committee of the Whole
SUBJECT: Municipal - School District Master Agreement on Cooperation for the Joint Use of
Facilities and Coordination of Services
EXECUTIVE SUMMARY:
The above noted agreement was last updated in 2001 and has recently been reviewed by the
Standing Committee which provides oversight to the agreement. The Standing Committee includes
the undersigned, the Director of Parks and Facilities (David Boag), the Recreation Director (Kelly
Swift), the Director of Community Services (Sue Wheeler), the Secretary Treasurer for the School
District (Wayne Jefferson), the Director of Maintenance and Facilities (Rick DeLorme) and the
Assistant Superintendent - Director of instruction (Laurie Meston).
The proposed changes to the agreement are generally "housekeeping" in nature including an update
to the Standing Committee membership, an update to the list of sub agreements which are in place
and a few wording changes to bring greater clarity to the agreement. There are no substantive
amendments proposed which would change the intent of the agreement or how it is to be
administered.
Our purpose in completing this review and bringing the agreement forward is to ensure all parties are
fully cognizant of its content, since many of the people have changed since it was last updated, and
to provide the necessary "housekeeping" adjustments to ensure it is up to date. This objective was
identified in the Commission's 2010 business plan. The Commission has reviewed the agreement
and wishes to make the following recommendation to Council.
RECOMMENDATION(S):
That the Master Agreement on Cooperation for the Joint Use of Public Facilities and Coordination of
Services attached to the 2010 05 07 report on this subject be endorsed and the Corporate Officer
be authorized to sign the agreement..
a) Background Context: The Municipalities and the School District have enjoyed an excellent
working relationship over many years which is of benefit to area residents. The agreement which
is the subject of this memorandum identifies the key principles of that cooperative relationship.
The list of sub agreements to the Master Agreement speaks to the level of that cooperation. The
Commission has received copies of the minutes from the Standing Committee charged with
administering the agreement during the past few Commission meetings which has provided a
1151
further indication of the extent of the cooperative relationship. Regular reviews and updating of
such agreements are critical to their continuing success, hence this report.
b) Desired Outcome The desired outcome of this review is maintaining a strong working relationship
between the three local government agencies who are providing service to area residents. The
result of that relationship is improved services for residents.
c) Strategic Alignment: The Commission and Councils have all identified partnering as a critical
strategy necessary to meet resident needs for service.
d) Business Plan/Financial Implications: The costs associated with joint projects and the sub
agreements listed are all incorporated into the Municipal five year financial plans. There are no
additional costs anticipated as a result of this review and any proposed changes to the
agreement.
CONCLUSIONS:
The agreement which is the subject of this report is critical to the continuing good relationship
between the School District and the two Municipalities. Regular reviews of such agreements are
necessary to ensure their continuing success. This report represents the culmination of a recent
review of the agreement with no significant changes of content proposed.
Prepared by: Mike Murray
j General Manager: Community Development, Parks and Recreation
`J
Concurrence: J.L. (Jim) Rule
Chief Administro
MWM
Officer
Revised May , 2010
MASTER AGREEMENT
on
Cooperation for the
Joint Use of Public Facilities
and
Coordination of Services
Date of Agreement: May _, 2010
between: The District of Maple Ridge (the District)
11995 Haney Place
Maple Ridge, B.C., V2X 6A9
and: The City of Pitt Meadows (the City)
12007 Harris Road
Pitt Meadows, B.C., V3Y 2135
(acting together through the Maple Ridge and Pitt Meadows Parks
and Leisure Services Commission)
and The Board of Education, School District No.42
(Maple Ridge -Pitt Meadows) (the School District)
22225 Brown Avenue
Maple Ridge, B.C., V2X 8N6
Whereas: The District and City have entered into an agreement to deliver
parks and leisure services jointly to the residents of both
municipalities,
And Whereas: The District and the City have by bylaw established a Parks and
Leisure Services Commission to oversee the provision of these
services and have invited the School District to participate on the
Commission to facilitate enhanced cooperation between the
municipalities and the School District,
And Whereas: It is deemed appropriate for the parties to enter into a further
agreement to establish their common beliefs and values respecting
the cooperative use of resources and the guiding principles for
entering into further more specific joint agreements.
Now therefore, the District, the City and the School District agree with each other as
follows:
Definitions
In this agreement the following definitions apply:
Governing Body For the District and City means their respective
Councils and for the School District means the
Board of School Trustees.
Joint Agreements Means written agreements formally approved by the
Partners that provide for the terms and conditions of
specific initiatives, including the financial
obligation to each partner. Initiatives refer to joint
planning and use of facilities, coordination of
services and cooperative delivery of services.
Management Costs Means any out-of-pocket costs incurred by a Partner
in administering this Master Agreement. It includes
such costs as meeting and incidental costs and legal
costs. It does not include any costs incurred by a
Partner in the implementation or administration of
any Specific Joint Agreement, or any salary costs of
a Partner's committee representative or support
staff.
Partners Means the Maple Ridge and Pitt Meadows Parks
and Leisure Services Commission (the
Commission), acting on behalf of the District of
Maple Ridge and the City of Pitt Meadows, and the
School District
Rental Agreement Means the written agreement between the Partner
that is the Owner or Manager of a building, facility,
site, service or playing field, and a Partner that is a
User, that sets out the terms and conditions of use.
Standing Committee Means the committee as described in paragraph 3.2
of this agreement.
Statement of Cooperation and Mutual Intent
2.1 Beliefs and Values: The Partners affirm to each other a commitment to
the following beliefs and values:
2.1.1 The Partners agree that the quality of life, and the sense of
neighbourhood and community, will be enhanced by making
public facilities and services accessible for use by neighbourhood
residents.
Residents of all ages will benefit from neighbourhood -based
facilities and services that are within walking distance of their
homes.
2.1.2 The Partners want to make the best possible use of facilities, sites,
equipment and services for the least cost.
2.1.3 The Partners want to make public facilities, sites and services as
available as possible for use by the community.
2.1.4 The Partners want to make the public aware of available facilities
and services and provide for easy access to them.
2.2 Guiding Principles: The Partners affirm the following guiding principles
to be followed in the information and administration of Joint Agreements:
2.2.1 Education, recreation and leisure time activities undertaken by
residents help to build a healthy community. Schools, municipal
recreation facilities and parks are places where neighbourhood
residents may meet to carry out these activities.
2.2.2 Each Partner respects the fiscal constraints, jurisdiction and
institutional values of the other Partners.
2.2.3 Access to programs, buildings, facilities or sites within
neighbourhoods must be planned, taking into account the potential
impact of the activities on the neighbourhood and its quality of life.
The needs of the community must be balanced against the impact
on the neighbourhood.
2.2.4 The following principles have been agreed to by the Partners.
They are the foundation for this agreement and any sub -
agreements entered into between the parties.
Financial Principles
F1 Financial Control
Each jurisdiction has limited financial resources and requires
the ability to control and manage the financial implication of
any commitment to a partnership.
F2 Exchanges as an Alternative to Cash Transfers
The concept of "trading in -kind" resources and service
commitments may be more useful than extensive cost -sharing
of another party's operation.
F3 Efficient Use of Taxpayers' Resources
Before building a community or school facility/amenity, any
potential joint use funding and/or service arrangements
should be discussed and, where appropriate, agreed upon.
F4 Equity
The overall contribution to joint use and collaboration should
be proportioned on a fair and equitable basis. Where such
costs are relatively equitable but not exactly equitable, cash
payments between parties should not be anticipated. Over
time it is anticipated that minor inequities will balance out.
A baseline for the measurement of equity relating to the Joint
Use of Facilities is defined in Appendix C.
F5 Users Pay Proportion of Costs
Where possible and appropriate, users of facilities should pay
a proportion or full costs as is appropriate.
F6 Graduated Fees
Fees shall be on a graduated basis, for example, with lowest
rates to children and youth 19 and under, adults paying a
greater proportion, and cost plus profit recovery rates for
commercial activities.
Healthy Community Principles
HC 1 Empower Community Associations including School -
based Parent Advisory Committees
Community Resident Associations should be assisted to plan
and administer their own recreation and community service
programs where desirable as an alternative to government
agencies providing these services.
HC2 Neighbourhood Meeting Places
Healthy communities require neighbourhood meeting places
where residents can meet to work together to address local
needs.
HC3 Neighbourhood Based Activity Options for Children and
Youth
Young people should be encouraged to be active in recreation
and community life so they can be more able to meet their
potential and become healthy adults.
HC4 Adult Involvement in Their Neighbourhood
Adults should be encouraged to become involved in
neighbourhood recreation, educational and cultural activities so
they can become more informed parents and more proactive
community residents.
HC5 Accessibility
A healthy community has fair and open public systems
accessible to all persons, including those with special needs and
the financially disadvantaged.
Principles of "User Oriented" Service Delivery
CS 1 Access to Information
The access channels to appropriate information around joint
use opportunities shall be designed for minimum
inconveniences to the taxpayer across all jurisdictions
CS2 Homogeneous Fees and Policy Definitions
11
Fees and eligibility criteria of "community groups" and
booking policies should be standardized and aligned among
jurisdictions, where feasible.
CS3 Appropriate User Convenience
Any facility or program management system devised under a
Joint .Agreement shall incorporate high standards of customer
convenience in its design and policies.
Principles of Management
MI Cooperation
The senior administrators, and facility and program managers
of all joint use facilities and services should cooperate to
maximize joint use/cooperation/coordination.
M2 Special Circumstances to Owner
The Joint Agreement should identify circumstances and
conditions which are to be included, and in all other
circumstances the owner's jurisdiction shall have exclusive
priority.
M3 Responsive Resource Management
Facility/service managers shall retain their statutory or
delegated authority and responsibility to manage their
facilities in accordance with any joint agreement.
M4 Standing Committee
While the Joint Agreement provides a mechanism for sharing
resources, the jurisdictions shall provide a Standing
Committee as a monitoring mechanism to oversee and
interpret the spirit of the partnership.
Community Planning Principles
CPI Location
For new communities and in older communities with a
shortage of recreation facilities, plans for community centres,
community service centres, field and park amenities, and
schools should be designed to be built multi -use and co -
located.
Joint Use Agreement Development Principles
J 1 Consultation
All major stakeholders in joint use shall be consulted in the
development of any agreements. Such consultation shall
include the partners' workforces, site administrators and
residents as well as the Standing Committee.
J2 Responsive
Using the principles as foundation, and with the analysis of
other Municipalities Joint Use Agreements as guides to
success, the following preferred options are identified as a
possible framework for specific joint agreement(s).
5
J2 (i) Field Use by Community and Schools
The Partners explore the concept of upgrading and
maintaining all fields to a mutually acceptable
standard, with a `quid pro quo' for other
considerations from respective Partners such as time
availability for community use of schools and
school use of community facilities. Included in this
concept would be the exploration of utilizing human
and other resources of the Partners to achieve a
more efficient and effective delivery of field
maintenance services of all fields under the
jurisdiction of the Partners. Each municipality will
consider upgrading school fields within its
municipal boundaries as resources permit.
To facilitate community access where demand
warrants consideration shall be given to:
a.) gating off access to school washrooms and
gymnasiums to isolate these from the rest of the
school.
b.) providing separate entrances to school
washrooms which can be secured and isolated
for sport field user access (no access to the
remainder of the school)
J2 (ii) Use of Municipal Park and Recreation Facilities
Under "quid pro quo" trade of services umbrella,
schools access municipal facilities at no charge in
exchange for other School District 42
considerations in community use of schools.
Staffing required to accommodate the use beyond
regular staffing levels shall be paid for by school
users.
J2 (iii) Community Use of Schools During Non -School
Hours
Consideration shall be given by the School District
to sharing facilities with the community for use
during non -school hours, in exchange for other
considerations in field maintenance and access to
municipal recreation and park facilities. Staffing
required to accommodate the use beyond regular
staffing levels shall be paid for by community users.
B Initiative Approvals
Where initiatives are explored by representatives of
the Parties and there is a mutual desire to proceed
with an arrangement, a joint report shall be prepared
R
recommending terms and conditions of the
proposed Joint Agreement. Only upon approval of
the Partners can an initiative proceed to
implementation.
Administration of Joint Agreements
3.1 Partners' Authority
3.1.1 Each Partner will endeavor to act and exercise its authority and
rights in a manner that is consistent with, and that supports the
beliefs, values, guiding principles and general intent of this
agreement.
3.1.2 Each Partner will support, in word and in deed, everything related
to the development, implementation, review and maintenance of
Joint Agreements.
3.1.3. Each Partner accepts responsibility for matters within its
jurisdiction and authority and, except as may be expressly set out
in a Specific Agreement, a Partner will not have responsibility for
matters within the jurisdiction and authority of another Partner.
3.1.4 All decisions related to Joint Agreements require the unanimous
agreement of all Partners.
3.2 Standing Committee
3.2.1 The Partners will appoint representatives to the Standing
Committee as follows:
The Districts and General Manager: Community
Commission (4) Development, Parks and Recreation
Services
Director of Parks and Facilities
Director of Recreation
Director of Community Services
School District (4) Secretary Treasurer
Director of Maintenance and
Facilities
Member of the Senior Management
Team
Principal
or as otherwise appointed by their respective Governing Bodies.
3.2.2 A Partner's Governing Body may change its Standing Committee
representative by giving written notice to the other Partners.
3.2.3 The Standing Committee will, in addition to the duties given to it
specifically in this and other Joint Agreements, generally review
7
and monitor Joint Agreements and, as necessary to achieve the
overall objectives of this agreement, recommend modifications for
approval by the Partners. The Standing Committee will follow the
principles set out in Item 2.2.4.
3.2.4 The Standing Committee will review this agreement annually.
3.2.5 The Standing Committee will consider and develop the Specific
Joint Agreements as provided by Paragraph 5, and will consider
other new agreements for recommendation to the Partners.
3.2.6 All decisions of the Standing Committee will, to be effective, be
unanimous. Where agreement cannot be reached then each
Partner's Standing Committee representative shall refer the issue to
the Partner's Governing Bodies together with a full description of
the issues, Partner's positions, options and recommendations in
accordance with the following dispute resolution provision:
Step l - As soon as possible after the dispute becomes apparent, a
meeting must be held with the Chief Administrative Officers of the
Municipalities, the Mayors of the Municipalities, the Maple Ridge
General Manager: Community Development, Parks and
Recreation Services, the Chair of the Board of Education, the
Superintendent of Schools, and the Secretary -Treasurer of the
School District who will attempt to resolve the dispute at the
meeting;
Step 2 — If the dispute cannot be resolved in Step 1, a mediator will
be chosen by a simple majority vote by those present at the above -
mentioned meeting, such mediator to assist the parties in achieving
an acceptable conclusion to the dispute, with the costs of the
mediator being shared equally between the Municipalities;
Step 3 - If a conclusion to the dispute is not resolved with the
addition of a mediator, the issue must be brought back before the
Councils and the School Board for final disposition.
3.2.7 The Standing Committee shall meet together as the Standing
Committee determines is necessary, but no less than twice per
calendar year. The Standing Committee may meet by telephone
conference.
3.3 Sharing Management Costs
3.3.1 Each Partner shall cover its own staffing costs and shall pay an
equal share of any common costs which may occur beyond staffing
costs in the administration of this agreement as determined by the
Standing Committee.
9
3.4 Termination
3.4.1 A Partner may terminate this Agreement by giving one year
written notice to each of the other Partners.
3.4.2 For certainty no termination of this agreement will affect any
Specific Joint Agreement.
4. Joint Planning
4.1 Joint Planning Essential
4.1.1 Joint planning between the Partners is essential to meet the
objectives and intent of this agreement, which includes optimizing
the use of tax payer's resources, while taking community needs
into account.
4.1.2 The Partners agree generally to include joint planning asset out in
this agreement in their respective decision and approval processes
relating to the acquisition, development and major redevelopment
of facilities and sites.
4.2 Joint Planning Principles
4.2.1 The Partners will cooperate with each other, and exchange plans
and information at the earliest stages of planning and site
acquisition. related to the development and major redevelopment of
all school, municipal, recreation and park facilities and sites.
4.2.2 School, municipal, social, recreation and cultural facilities, playing
fields, and parks should be co -located or located on contiguous
sites to maximize their use.
4.2.3 School, municipal, recreation facilities, field and park amenities
should be designed for multi -use.
4.2.4 Planning conducted by the Partners should take into account the
long range needs of the community for schools, municipal, social
and recreational services and facilities, playing fields and parks.
4.2.5 Joint use, planning, facilities, programs and operations should
include appropriate volunteer involvement of the residents.
4.3 Joint Planning Projects
4.3.1 The matters to which joint planning will apply include the
following:
X
(a) New school, municipal, recreation and park facilities.
(b) Major additions and capital improvements to school,
municipal, recreation and park facilities. These projects
include additions and alterations which might ordinarily be
built as free-standing facilities.
(c) Site acquisition for school, municipal, recreation and park
facilities.
(d) Preparation and major updates of Official Community
Plans.
(e) Joint financial planning and budget review, with respect to
matters covered by Joint Agreements.
(f) Joint program planning with respect to matters covered by
Specific Joint Agreements.
(g) Joint advertising and information distribution with respect
to matters covered by Specific Joint Agreements.
(h) Boundary changes and capital works related to new site
developments, transportation and transportation
infrastructure as they relate to the planning of safe routes
for students to school and neighbourhood traffic patterns.
4A Joint Planning Committee
4.4.1 The Partners joint planning shall be undertaken by the Standing
Committee: with the exception of those sub -committees established
within the terms of Specific Joint Agreements for such functions of
program planning and advertising.
5. Specific Joint Agreements
5.1 Specific Agreements
5.1.1 Agreements between the Partners regarding the joint development,
use or operation of any specific facility, or site or location, or
regarding expenditures of funds for such resources or regarding the
shared delivery or coordination of services may be developed.
5.1.2 Specific Joint Agreements shall be developed by the Standing
Committee; and presented to the Partners for agreement and
approval.
10
5.1.3 When developing a Specific Joint Agreement, the Standing
Committee's considerations shall include the following operational
and cost issues:
(a) Cost sharing of capital costs, including site and facility
acquisition costs and construction costs.
(b) Conditions of use of a facility or site, and the
responsibilities for the provision of related services.
(c) Conditions and issues regarding responsibility for the
scheduling and operation of the facilities, including
booking, priority of use and hours of operation.
(d) Sharing of operating costs.
(e) Provision for maintenance and the sharing of maintenance
costs.
(f) Provision for renewal of the facility, including additions
and renovations, and the sharing of related costs.
(g) Sharing of costs and responsibilities related to cooperative
program development and/or advertising.
(h) Staffing and management agreements necessary for joint
operations.
(i) How the addition and deletion of new and unforeseen
programs during the life of the facility and related changes
in use will be addressed.
(j) The authority to be given to any Partner, and the manner
and mechanism of making joint decisions.
5.1.4 The Partners agree to fund this agreement and Specific Joint
Agreements, providing costs are shared equitably between them
and resources are available. The Standing Committee shall
provide for the following:
(a) Over the long term, expenditures by the School District and
the municipalities should equate, either in direct
comparison of costs or by equating costs and the offsetting
increase in community access to facilities (Appendix Q.
5.1.5 When developing a Specific Joint Agreement, the Standing
Committee's considerations shall include the following additional
issues:
11
(a) Term: The Specific Joint Agreements shall each have a
separate provision for the term of the Agreement,
considering the cost and other commitments the Partners
will make, and considering any limitations on authority to
enter into long term agreements.
(b) Indemnity: It is understood and agreed by the parties hereto
that the Municipalities shall indemnify and hold harmless the
School Board and its employees, servants, agents and
contractors from any and all claims, losses, costs, damages,
expenses, including legal fees on a solicitor own client basis
excepting negligence of the School Board, arising out of, or in
connection with, the Municipalities' use and occupation of the
School Board's property, including use and occupancy by
others who are on the School Board's premises with the
permission of the Municipalities. The School Board shall
forthwith, upon receiving notice of any suit brought against it,
deliver to the Municipalities full particulars thereof and the
Municipalities shall render all reasonable assistance requested
by the School Board in the defense thereof.
It is understood and agreed by the parties hereto that the School
Board shall indemnify and hold harmless the Municipalities
and their employees, servants, agents and contractors from any
and all claims, losses, costs, damages, expenses, including
legal fees on a solicitor own client basis excepting negligence
of the Municipalities, arising out of or in connection with the
School Board's use and occupation of the Municipalities'
property, including use and occupancy by others who are on
the School Board's premises with the permission of the
Municipalities. The Municipalities shall forthwith, upon
receiving notice of any suit brought against them, deliver to the
School Board full particulars thereof and the School Board
shall render all reasonable assistance requested by the
Municipalities in the defense thereof.
(c) Liability: Each of the parties hereto agree to maintain
comprehensive general liability insurance coverage while
this agreement is in force to cover the use of the property
for the other. The parties hereto further agree to furnish
certificates confirming that such protection is in force if
requested by the other party.
(d) Dispute Resolution: The Standing Committee shall, with
each Specific Joint Agreement, consider any appropriate
dispute resolution provision. The Partners agree that it is in
each of their interests to minimize and resolve quickly any
disputes or disagreements that may develop, which can be
achieved through candid, timely discussion and negotiation.
12
6. Inventory of Joint Use Facilities, Resources and Services Covered by Specific
Joint Agreements
6.1 Appendix B is an inventory of the Partners' facilities, site, location,
resources and services that are the subject of a Specific Joint Agreement.
6.2 The Partners will cooperate to update Appendix B annually so that it
remains a current inventory of resources and services that could be the
subject of a Specific Joint Agreement.
7. Rental Agreements
7.1 The Partners will cooperate to develop standard terms and conditions of a
Rental Agreement to be signed by any user of a facility or service.
Dispute Resolution
8.1 Any disputes that occur regarding Partner's rights or obligations arising
from this agreement shall be dealt with as follows:
8.1.1 All such disputes shall first be referred to the Standing Committee
and the Partner's representatives shall have good faith discussions
and negotiations to resolve the matter.
8.1.2 If the matter cannot be resolved by the Standing Committee then
the Partners' Standing Committee representatives will refer the
matter to the Partner's Governing Bodies as set out in Paragraph
3.2.6.
8.2 For certainty, the Specific Joint Agreement may include dispute resolution
procedures different than the procedures contained in this agreement,
including arbitration provisions dealing with specific issues, such as the
determination of cost -sharing, term of agreement or other provisions.
9. General
9.1 The headings have been inserted for ease of reference only and are not
intended to be included in the interpretation of this agreement.
13
THIS AGREEMENT dated the day of May, 2010
IN WITNESS WHEREOF the parties hereto have set their hands as of the day and year
first above written.
Signed on behalf of the
District of Maple Ridge
in the presence of
Authorized Signatory
Authorized Signatory
Signed on behalf of the
City of Pitt Meadows
in the presence of -
Authorized Signatory
Authorized Signatory
Signed on behalf of
School District No. 42
in the presence of:
Authorized Signatory
Authorized Signatory
Witness
Witness
Witness
14
Title
APPENDIX A
Terms of Reference
Standing Committee
On Joint Agreements
The Committee shall be known as the Standing Committee.
Definitions
Purpose
"Joint Use" refers to the joint use of buildings, facilities, services, sites and
playing fields owned and operated by the Partners.
"Joint cooperation/coordination" refers to cooperative planning and delivery
of services and operations in general.
The purpose of the Standing Committee shall be to:
- review and monitor all Joint Agreements between the Partners and to
recommend modifications to these agreements.
- develop additional agreements where it considers there is mutual benefit
to the Partners in doing so.
- Promote the Joint Use, Cooperative/Coordination initiative
Establishment
The Standing Committee is established pursuant to the Master Joint
Agreement between the Partners.
Composition
The Committee is composed of the following members:
Authority
The Districts and General Manager: Community Development, Parks
Commission (4) and Recreation Services
Director of Parks and Facilities
Director of Recreation
Director of Community Services
School District (4) Secretary Treasurer
Director of Maintenance and Facilities
Member of the Senior Management team
Principal
or as otherwise appointed by their respective Governing Bodies.
General Scope_— The Committee shall:
15
Develop and recommend joint use and joint cooperation/coordination
agreements to the Governing Bodies.
Develop Joint Agreements, taking into account the principles as reflected in
Item 2.2.4 of the Master Agreement.
Review any area of interest which it considers appropriate as the subject of a
potential joint agreement. This may include, but is not limited to:
- Municipal, Commission and School District buildings and facilities,
- Playgrounds, playing fields, courts and associated field houses,
- Construction and maintenance equipment and services,
- Items identified in the Facilities and Service Inventory attached to the Master
Joint Agreement as Appendix `B".
- Program development and delivery.
- Distribution of public information on services, etc.
Develop and implement a process for the joint planning and review of the
budgets of each Partner with respect to matters impacted by joint agreements.
Budgetary planning and review shall be an ongoing function performed on a
periodic basis, as determined by the Standing Committee, and shall be focused
to minimize the impact of all joint programs and facilities on taxpayers.
Develop programs and public relations literature for the purpose of promoting
the concept of Joint Use, Joint Cooperation/Coordination and Specific
Agreements as appropriate.
Reporting
The Committee shall report to the Governing Bodies, on an annual basis,
regarding their review of the agreements, any significant issues flowing from
their review and on current and future planning issues being addressed by the
Committee.
The Committee shall make recommendations from time to time respecting the
development or monitoring of Joint Agreements.
Monitoring
The Committee shall monitor the implementation and application of
agreements, the financial impacts of the agreements on the Partners, issues of
equity between the Partners, and make such recommendations as it deems
appropriate regarding these items and the terms of the agreement.
Organization
The members of the Committee shall elect a chairperson.
The Committee shall be supported by a Committee Clerk provided on an
alternating basis by the parties.
16
The Committee may be augmented by other staff persons, for the development
of particular agreements or parts thereof. There shall be no direct costs to the
Committee for the involvement of such persons.
The Committee may strike "Task Groups" to work on specific aspects of any
activity related to the Committee's mandate.
Procedures
Meetings shall be at the call of the Chair.
Policies
A quorum shall consist of five of the eight members. Should there be any
disagreement with resolutions reached by the Committee during a member's
absence, the matter which is the subject of the disagreement shall be revisited
by the Committee.
If the Committee do not agree unanimously with a recommendation of the
Commission on a significant issue, the issue shall be referred to the Governing
Bodies of the Partners, in a format appropriate for their consideration. Issues
referred in this manner shall reflect all options under consideration.
The Committee shall identify any circumstance where existing policy of any
of the governing bodies is breached or proposed to be breached.
Committee Expenses
The Partners shall share equally in the expenses of operating the Committee.
17
Appendix B
Inventory of Shared Services, Facilities and Specific Agreements
Existing
1. SRT Field SROW, Operating and Construction Agreements
2. Westview SROW, Operating and Construction Agreements
3. Thomas Haney Ownership and Operating Agreements
4. Thomas Haney and Garibaldi Tennis Court Agreement
5. Pitt Meadows Secondary Field SROW, Operating and Construction Agreements
6. MRSS Lacrosse Box Maintenance Agreement
7. MRSS Track Maintenance Agreement
8. Edith McDermitt Park and School Site Agreement
9. Eric Langton All Weather Field Maintenance Agreement (Expired Aug 17, 2009)
10. Alouette Park and School Site Agreement
11. Alexander Robinson Park and School Site Agreement
12. After School Active Kids Club Agreement
13. Eric Langton Hive Agreement
14. School Site Acquisition Agreement (to be revised)
Proposed
15. Greg Moore Youth Centre — Alternate School
16. Merkley Park Maintenance Agreement
Appendix C
Baseline for the Measurement of Equity
Joint Use of Public Facilities
Total hours and value of "School Use" being made of Commission
- indoor facilities
- playing fields
plus
2. Total value of school playing field maintenance provided by the Commission
equaling
Total hours and value of "Community Use" being made of School District
- indoor facilities
- playing fields
less
4. Rental income charged to community groups as a user fee to offset the cost.
Note: None of the above calculations will include the value of payments for extra
staffing defined in J2 (i) and J2 (ii) of the Master Agreement.
19
41#
00-
MAPLEI
Deep Roots
Greater Heights
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: 2010 06 03
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: Committee of the Whole
SUBJECT: Lease of Lot 1 District Lot 399 GPI NWD LMP 12218 for Supportive Housing
Project
EXECUTIVE SUMMARY:
Council will recall the District's earlier agreement to lease the above noted parcel to the Provincial
Rental Housing Corporation for a supportive housing project. The general terms of the agreement
were identified in the attached memorandum of understanding signed by both parties in September
of 2008. The project is about to proceed to construction conditional upon receiving final reading for
the rezoning bylaw for the property and finalization of the lease agreement. The intent of this report
is to bring the lease agreement forward for approval.
RECOMMENDATION(S):
That the lease agreement attached to the 2010 06 03 report on this subject between the District of
Maple Ridge and the Provincial Rental Housing Corporation for the lease of Lot 1 District Lot 399
GP1 NWD LMP 12218 be approved and the corporate officer be authorized to sign the agreement,
subject to final adoption of the rezoning bylaw for the property.
DISCUSSION:
a) Background Context: As noted above the Memorandum of Understanding is attached as
Schedule A to the lease agreement and is referred to within the lease to ensure consistency
between the MOU and the Lease. Our lawyers have worked with lawyers from the Provincial
Rental Housing Corporation -to finalize the agreement. All appropriate notices have been
posted and the lease is ready to be signed.
b) Desired Outcome(s): The desired outcome of this report is finalization of the required
documentation and construction of the supportive housing project.
c) Strategic Alignment: Addressing issues of homelessness and providing for the full continuum
of supports necessary to get vulnerable residents off the street and back into positive
lifestyles is certainly a goal of Council. This collaboration with the Provincial Government and
the Alouette Homestart Society will provide one of the currently missing elements in Maple
Ridge to address this need.
d) Citizen/Customer Implications: The process of neighbourhood engagement has been
considered through the rezoning process and commitments have been made to ensure
ongoing community involvement and input to the operation of the supportive housing facility.
Page 1 of 2 1152
e) Interdepartmental Implications: The Planning Department are working with the proponents to
finalize all that is required to meet the conditions for final reading of the rezoning bylaw.
Having an appropriate lease agreement in place is one of those conditions.
f) Business Plan/Financial Implications: All costs related to the facility construction and
operation will be borne by the Provincial Rental Housing Corporation.
CONCLUSIONS:
The finalization of the lease agreement is one further step toward beginning construction on a
needed facility in the community. The lease reflects the terms negotiated in the original
Memorandum of Understanding and it is therefore recommended that the agreement be signed
subject to adoption of the rezoning by law.
k
Prepared d : Milk urray
General Moager;.Community Development, Parks and Recreation
Concurrence: J.L. (J' ) Rule
Chief -minis
MWM
J
Officer
Page 2 of 2
LAND TITLE ACT
FORM C
(Section 233)
Province of
British Columbia
_GENERAL INSTRUMENT - PART 1 (This area for Land Title Office use) Page 1 of 51
1. APPLICATION: (name, address, phone number and signature of Applicant, Applicant's solicitor or agent)
John H. Fraser (Chris Robertson), Lawson Lundell, 1600 — 925 West Georgia Street, Vancouver,
B.C. V6C 3L2 (604-685-3456) Client No. 10431
Signature of Applicant's Solicitor or Agent
File Reference No. 18679-105742 BCHMC File No. 92958 pr6391
2. PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) OF LAND:*
(PID) (Legal Description)
018-432-204 Lot 1 District Lot 399 GPI NWD LMP 12218
3. NATURE OF INTEREST:*
DESCRIPTION DOCUMENT REFERENCE PERSON ENTITLED TO INTEREST
(page and paragraph)
Lease Entire Document Transferee
4. TERMS: Part 2 of this instrument consists of (select one only)
(a) Filed Standard Charge Terms D.F. Number:
(b) Express Charge Terms X Annexed as Part 2
(c) Release There is no Part 2 of this instrument
A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If
(c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.
5. TRANSFEROR(S):*
DISTRICT OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, B.C. V2_X 6A9
6. TRANSFEREE(S): (including occupation(s), postal address(es) and postal code(s))*
PROVINCIAL RENTAL HOUSING CORPORATION (Inc. No. 52129) Suite 1701-4555
Kin swa Burnaby,B.C. V5H 4V8
7. ADDITIONAL OR MODIFIED TERMS:*
N/A
8. EXECUTION(S):** This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s)
described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s)
receipt of a true copy of the filed standard charge terms, if any.
EXECUTION
DATE
Officer Signature(s)
(as to both signatures)
Y M D
DISTRICT OF MAPLE RIDGE
by its authorized signatory(ies):
Name:
Name:
OFFICER CERTIFICATION:
Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence
Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land
Title Act as they pertain to the execution of this instrument.
* If space insufficient, enter "SEE SCHEDULE' and attach schedule in Form E.
** If space insufficient, continue executions on additional page(s) in Form D.
District of Maple Ridge / PRHC Lease - May 20, 2009
18679.105742. J H F.3368340.7
LAND TITLE ACT
FORM D
EXECUTIONS CONTINUED Page 2 of 51
Officer Signature(s)
(as to both signatures)
Officer Signature(s)
(as to both signatures)
EXECUTION
DATE
Y M D
PROVINCIAL RENTAL
HOUSING CORPORATION
by its authorized signatory(ies):
Name,
Name:
BRITISH COLUMBIA HOUSING
MANAGEMENT COMMISSION
by its authorized signatory(ies):
Name:
Name:
OFFICER CERTIFICATION:
Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence
Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land
Title Act as they pertain to the execution of this instrument.
District of Maple Ridge / PRHC Lease - May 20, 2009
18679.105742. J H F.3368340.7
3 of 51
TERMS OF INSTRUMENT - PART 2
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS AND INTERPRETATION......................................................... 8
ARTICLE 2 PAYMENT OF RENT........................................................................... 11
2.1 Basic Rent....................................................................................... 11
2.2 Net Lease....................................................................................... 11
2.3 Interest on Amounts in Arrears.............................................................. 11
2.4. Application of Section 2.3.................................................................... 11
ARTICLE 3 PAYMENT OF TAXES.......................................................................... 12
3.1 Payment of Realty Taxes if Lands Not Exempt ............................................ 12
3.2 Payment in Lieu of Realty Taxes if Lands Exempt ........................................ 12
3.3 Right to Appeal Assessment.................................................................. 12
3.4 Business Tax and License Fees............................................................... 12
3.5 Other Taxes.................................................................................... 12
3.6 Pro -rating Obligations......................................................................... 13
ARTICLE 4 CONSTRUCTION OF BUILDING............................................................... 13
4.1 Lessee to Construct Building................................................................. 13
4.2 Substantial Completion of Building......................................................... 13
4.3 Termination of Lease on Failure to Construct ............................................. 14
4.4 Landscaping.................................................................................... 14
4.5 Alterations After Substantial Completion .................................................. 14
4.6 Unavoidable Delays............................................................................. 14
ARTICLE 5 BUILDERS LIENS................................................................................ 15
5.1 Builders Liens.................................................................................. 15
5.2 Discharge of Builders Liens................................................................... 15
5.3 Notice by Lessor............................................................................... 15
ARTICLE 6 RESTRICTIONS ON OPERATIONS AND USE .................................................. 16
District of Maple Ridge / PRHC Lease - May 20, 2009
18679.105742.J H F.3368340.7
4of51
6.1 Use............................................................................................... 16
6.2 No Nuisance.................................................................................... 16
6.3 No Subdivision.................................................................................. 16
6.4 Operator Agreement/ Eligible Occupant Document ...................................... 16
6.5 Enforcement of Operator Agreement....................................................... 17
6.6 Constitution.................................................................................... 17
6.7 Restriction on Contracting................................................................... 17
6.8 Permitted Encumbrances..................................................................... 18
6.9 Obligations of the Commission.............................................................. 18
ARTICLE 7 REPAIRS AND MAINTENANCE................................................................. 18
7.1 Lessor Not Obliged to Repair................................................................. 18
7.2 Repairs by the Lessee......................................................................... 18
7.3 Removal of Ice and Snow from Sidewalks .................................................. 19
ARTICLE 8 ADDITIONAL RENT............................................................................ 20
8.1 All Defaults in Payment as Additional Rent ................................................ 20
ARTICLE9 INSURANCE.................................................................................... 20
9.1
Insurance During Construction
of Building .................................................
20
9.2
Commercial General Liability
Insurance ...................................................
21
9.3 All Risk Property, Pressure Vessel and Rental Income Insurance ....................... 21
9.4 Insurance - Additional Provisions............................................................ 21
9.5 Evidence of Insurance.......................................................................... 22
9.6 Payment of Loss Under Insurance Policies ................................................. 22
9.7 Workers Compensation Coverage............................................................ 23
9.8 Release of Lessor and Commission from Liability for Insured Loss or Damage ....... 23
ARTICLE 10 DAMAGE OR DESTRUCTION................................................................. 24
10.1 Rent Not to Abate............................................................................. 24
10.2 Lessee's Obligation When Building Partially Damaged or Destroyed ................... 24
10.3 Lessee's Obligations When Building Completely or Substantially Destroyed.......... 24
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
5 of 51
10.4 Replacement, Repair or Reconstruction................................................... 24
10.5 Special Provisions Where Approved Lender or Corporation is Mortgagee ............. 24
10.6 Destruction or Damage During Last Five Years of Term .................................. 26
ARTICLE 11 INSPECTION AND EXHIBITION BY LESSOR ................................................. 27
11.1 Inspection by Lessor and Commission ...................................................... 27
11.2 Exhibition by Lessor........................................................................... 27
ARTICLE 12 OBSERVANCE OF GOVERNMENTAL REGULATIONS ....................................... 28
12.1 Compliance..................................................................................... 28
ARTICLE 13 RIGHTS OF LESSOR AND LESSEE........................................................... 28
13.1 As Landlord and Tenant....................................................................... 28
13.2 Air Space Parcel Considerations............................................................. 28
ARTICLE 14 EXCLUSION OF LIABILITY AND INDEMNITY ............................................... 29
14.1 Limitation of Liability and Release.......................................................... 29
14.2 Exclusion of Liability.......................................................................... 29
14.3 Indemnification................................................................................ 29
14.4 Indemnification Survives Termination of Lease ........................................... 30
ARTICLE 15 SUBLETTING AND ASSIGNING.............................................................. 30
15.1 Subletting and Assigning by Lessee......................................................... 30
15.2 Copies of Subleases............................................................................ 30
15.3 Where Mortgagee is Approved Lender, Commission or Corporation .................... 30
ARTICLE16 MORTGAGE..............„.................................................................... 31
16.1 Mortgaging by Lessee......................................................................... 31
16.2 Tripartite Agreement......................................................................... 31
ARTICLE 17 BANKRUPTCY OF LESSEE................................................................... 31
17.1 Bankruptcy of Lessee......................................................................... 31
ARTICLE 18 DEFAULT BY LESSEE......................................................................... 32
18.1 Re-entry on Certain Defaults by Lessee .................................................... 32
18.2 Notice to and Remedies of Mortgagee......................................................
32
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
6of51
18.3 Remedies of Lessor and the Commission are Cumulative ................................ 35
18.4 Waiver by Lessor and Commission........................................................... 36
ARTICLE19 ARBITRATION................................................................................ 36
19.1 Arbitration...................................................................................... 36
ARTICLE 20 SURRENDER OF LEASE...................................................................... 36
20.1 Surrender of Lease............................................................................ 36
ARTICLE 21 QUIET ENJOYMENT, OWNERSHIP OF TENANTS' FIXTURES AND OWNERSHIP OF
BUILDING................................................................................................... 37
21.1 Covenant for Quiet Enjoyment.............................................................. 37
21.2 Ownership of Tenant's Fixtures ............................................................. 37
21.3 Ownership of Building......................................................................... 37
ARTICLE 22 OVERHOLDING............................................................................... 37
22.1 Overholdi ng..................................................................................... 37
ARTICLE 23 ADDITIONAL RIGHTS OF THE COMMISSION ............................................... 38
23.1 Notice to Commission......................................................................... 38
23.2 Rights of Commission Not Limited.......................................................... 38
23.3 Commission May Perform Obligations of Lessee .......................................... 38
ARTICLE 24 ENVIRONMENTAL MATTE:RS................................................................. 38
24.1 Definitions....................................................................................... 38
24.2 Lessee's Covenants and Indemnity.......................................................... 39
ARTICLE25 NOTICES...................................................................................... 40
25.1 Notices.......................................................................................... 40
ARTICLE 26 MISCELLANEOUS............................................................................. 41
26.1 Statements by Lessor......................................................................... 41
26.2 Easements...................................................................................... 41
26.3 Representations and Warranties of the Lessee ............................................ 41
26.4 Time of Essence................................................................................ 41
26.5 Formality of Modifications................................................................... 41
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
7of51
26.6 Captions and Headings........................................................................41
26.7 Enurement...................................................................................... 42
26.8 Covenants or Conditions...................................................................... 42
26.9 References......................................................................................42
26.10 Execution.................................................................................... 42
ARTICLE 27 RENEWALS.................................................................................... 42
27.1 Renewals........................................................................................42
SCHEDULE "A" - Memorandum of Understanding..................................................................43
SCHEDULE"B" - Plan of Building............................................................................................51
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
8of51
WHEREAS:
A. Pursuant to a Memorandum of Understanding, a copy of which is attached hereto as
Schedule "A", between the Lessor and the Commission (the "MOU"), the Lessor and
the Commission wish to see the Lands used to provide housing for persons with special
housing requirements and/or limited income and the Lessee wishes to provide housing
for this purpose and agrees to lease the Lands for this purpose.
B. The Commission, a representative of the Province, has agreed to provide financial
assistance for the operating costs of the Building and the programs to be offered to
the residents of the Building.
C. The Lessor is the owner of the Lands and has agreed to lease to the Lessee the Lands
for the Term upon the terms, conditions and provisos herein so that the Lessee may
renovate or construct the Building and otherwise use, occupy and enjoy the Lands.
WITNESS that in consideration of the rents reserved and the covenants and agreements set
forth below, the parties agree as follows:
THE LESSOR HEREBY DEMISES AND LEASES UNTO THE LESSEE AND THE LESSEE DOES HEREBY
TAKE AND RENT THE LANDS, TO HAVE AND TO HOLD THE LANDS UNTO THE LESSEE FOR AND
DURING THE TERM AS HEREIN PROVIDED.
AND IN CONSIDERATION OF THE 'SUM OF TEN DOLLARS ($10.00) AND OTHER GOOD AND
VALUABLE CONSIDERATION PAID AND PROVIDED BY THE COMMISSION TO BOTH THE LESSOR
AND THE LESSEE, BOTH THE LESSOR AND THE LESSEE COVENANT AND AGREE WITH THE
COMMISSION THAT THE COMMISSION WILL HOLD AND ENJOY THE RIGHTS, BENEFITS,
PRIVILEGES, AUTHORITY AND DISCRETIONS GRANTED TO THE COMMISSION IN THIS LEASE.
ARTICLE 1
DEFINITIONS AND INTERPRETATION
1.1 Capitalized terms used in this Lease have the meanings specified in this section 1.1,
unless otherwise provided in this Lease:
(a) "Additional Rent" means all sums, costs, expenses and other amounts, if any,
payable by the Lessee to the Lessor pursuant to this Lease, including, without
limitation, Realty Taxes, payments in lieu of Realty Taxes, Utilities and all
sums payable by way of indemnity under this Lease, but excluding Basic Rent;
(b) "Air Space Parcel Charges" means, where the Lands are an air space parcel, all
easements, statutory rights of way and other charges which are Permitted
Encumbrances that are registered against the Lands in priority to this Lease in
the course of creating such air space parcel;
(c) "Alterations" means all alterations, changes, replacements, substitutes,
additions and improvements to the Building;
(d) "Approved Lender" means any Mortgagee approved by Canada Mortgage and
Housing Corporation for the purpose of making loans under the National
Housing Act (Canada);
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
9of51
(e) "Architect" means the architect qualified as such pursuant to the laws of the
province of British Columbia who is supervising the design, construction, repair,
renovation and/or reconstruction of the Building;
(f) "Basic Rent" means ten dollars ($10.00);
(g) "Building" means the building(s) shown on the plan attached hereto as
Schedule "B" and all other structures to be constructed on the Lands, together
with all Alterations or repairs thereto and all improvements from time to time
constructed upon or affixed or appurtenant to the Lands;
(h) "City" means the municipality and corporation of the District of Maple Ridge;
(i) "Commencement of Construction" means the later of the date when the first
building permit for the Building is issued to the Lessee by the City and the date
when the Lessee's contractor commences any work on the Lands related to
construction of the Building;
(j) "Commission" means British Columbia Housing Management Commission or its
successors in function;
(k) "Corporation" means Canada Mortgage and Housing Corporation or its
successors in function, or the Commission;
(l) "Eligible Occupant" means a person who, during the time that such person is a
tenant in the Building, meets the criteria prescribed in an Operator Agreement
or prescribed in a separate document provided by the Commission that is
approved in writing by the Lessor and delivered to the Lessee from time to
time;
(m) "General Instrument" means the Form C - Land Title (Transfer Forms)
Regulation pursuant to the Land Title Act (British Columbia), and all schedules
and addenda to the Form C;
(n) "Insured Loan" means a loan in respect of which an insurance policy has been
issued under the National Housing Act (Canada) and is in force;
(o) "Interest Adjustment Date" means the date from which the principal amount of
the Insured Loan together with interest thereon becomes payable by regular
instalments;
(p) "Lands" means all of the Lessor's interest in the land described in the General
Instrument, including every incidental right, benefit or privilege attaching to
that land or running with it;
(q) "Lease" means this Lease;
(r) "Lease Commencement Date" means the date this Lease is registered at the
Lower Mainland Land Title Office;
(s) "Lessee" means PRHC, and includes any person to whom the Lessee assigns this
Lease in accordance with the terms of this Lease;
(t) "Lessor" means the District of Maple Ridge;
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
10 of 51
(u) "Losses" means liabilities, actions, statutory or other proceedings, judgments,
investigations, claims, losses, damages, orders, fines, penalties, expenses,
professional and other fees and disbursements, and costs;
(v) "Mortgage" means a registered mortgage or registered mortgages granted by
the Lessee in accordance with section 16.1 upon or in respect of the interest of
the Lessee in the Lands and the Building or any part thereof and includes any
deed of trust and mortgage to secure any bonds or debentures issued
thereunder;
(w) "Mortgagee" means a mortgagee or mortgagees under a Mortgage and includes
any trustee for bondholders or debenture holders under a deed of trust and
mortgage to secure any bonds or debentures issued thereunder;
(x) "Operator" means a non-profit organization with which the Commission has
entered into an Operator Agreement;
(y) "Operator Agreement" means an agreement or agreements entered into or to
be entered into between the Commission and an Operator that relates to the
management of the Building and the support services to be provided to the
Eligible Occupants;
(z) "Permitted Encumbrances" means the charges and encumbrances, if any,
registered on title on the Lease Commencement Date and any other charges
specifically approved in writing by both.the Commission and the Lessor;
(aa) "Personnel" of a party means the elected officials and directors, as applicable,
officers, employees, servants and agents of that party;
(bb) "Province" means Her Majesty the Queen in Right of the Province of British
Columbia;
(cc) "PRHC" means the Provincial Rental Housing Corporation;
(dd) "Prime Rate" means the floating annual percentage rate of interest established
from time to time by the main branch of the Bank of Montreal located in
Vancouver, British Columbia, or its successor, as the base rate that will be used
to determine rates of interest charged by it for Canadian dollar loans to
customers in Canada and designated by the Bank of Montreal as its "prime
rate";
(ee) "Realty Taxes" means all assessments for taxes, rates, duties (including school
taxes, local improvement rates and other charges levied pursuant to the
Hospital District Finance Act (British Columbia), the Municipal Finance
Authority Act (British Columbia) or otherwise) and all other charges for
services used in or supplied to the Lands and the Building (including penalties
and interest) that now are or will or may be levied, rated, charged or assessed
against the Lands, the Building, and all other structures, machinery,
equipment, facilities and other property of any nature whatsoever located
thereon or therein,, charged by any municipal, parliamentary, legislative,
regional, school or other authority;
(ff) "Review Date" means the date on which the constitution and bylaws of the
Lessee are approved in writing by the Commission;
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
11 of 51
(gg) "Term" means fifty (I50) years commencing on the Lease Commencement Date;
(hh) "Trustee" means a trust company duly authorized to carry on business in the
province of British Columbia and appointed by the Corporation, or the Lessor if
the Corporation has no interest in the Lands and the Building, for the purposes
of Article 9 of this Lease; and
(ii) "Utilities" means all charges, rates and levies on account of utilities, including
for heat, electricity, gas, telephone, television, internet and other costs and
expenses of a similar nature, and, if not included in Realty Taxes, for water
and garbage collection.
1.2 Any reference in this Lease, to legislation will be deemed to include all regulations
thereto, all amendments and re-enactments thereof and all successor legislation.
ARTICLE 2
PAYMENT OF RENT
2.1 Basic Rent
The Lessee covenants and agrees with the Lessor to pay to the Lessor as rent the Basic
Rent for the Term on the Lease Commencement Date.
2.2 Net Lease
All Basic Rent and Additional Rent required to be paid by the Lessee hereunder will be
paid at such location as the Lessor may stipulate from time to time without any
deduction, abatement or set-off whatsoever, it being the intention of this Lease that:
(a) all expenses, costs, payments and outgoings incurred in respect of the Lands,
the Building and any other improvements on the Lands or for any other matter
or thing affecting the Lands, will, unless otherwise expressly stipulated herein
to the contrary, be borne by the Lessee; and
(b) the Basic Rent and Additional Rent payable under this Lease will be absolutely
net to the Lessor and free of all abatements, set-off or deduction of any costs,
payments and outgoing of every nature arising from or related to the Lands,
the Building, or any other improvements on the Lands, and the Lessee will pay
or cause to be paid all such costs, payments and outgoings.
2.3 Interest on Amounts in Arrears
When the Basic Rent, Additional Rent or any other amount payable hereunder by the
Lessee to the Lessor is in arrears, such amount will bear interest at the Prime Rate
plus three percent (3%) per annum, calculated and compounded monthly not in
advance, from the date due until paid. Notwithstanding the foregoing, this section
will not apply to defaults under sections 3.1 and 3.2.
2.4. Application of Section 2.3
Section 2.3 will apply only if the Commission is no longer obliged to provide operating
assistance to the Building under the terms of the subsidy commitment contained in the
Operator Agreement.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J HF.3368340.7
12 of 51
3.1
3.2
3.3
3.4
ARTICLE 3
PAYMENT OF TAXES
Payment of Realty Taxes if Lands Not Exempt
Save as otherwise provided in section 3.2, the Lessee will, during the Term, no later
than the day immediately preceding the date or dates on which the Realty Taxes
become due and payable, pay and discharge or cause to be paid and discharged the
Realty Taxes and, if requested by the Lessor, will deliver to the Lessor for inspection
receipts for payments of the Realty Taxes within fourteen (14) days of such payment.
Not later than thirty (30) days following receipt of any tax assessment or notice the
Lessor will deliver a copy of such assessment or notice to the Lessee.
Payment in Lieu of Realty Taxes if Lands Exempt
The Lessee covenants and agrees with the Lessor that if during the Term all or any
part of the Lands, Building, structures, machinery, equipment and facilities thereon
and therein and any other property of any nature whatsoever thereon and therein are
exempt from Realty Taxes in whole or in part, then the Lessee will, in each and every
year during the Term that such exemption occurs, pay to the Lessor as Additional
Rent, at the same time as Realty Taxes would be payable if such exemption were not
available, an amount equal to the amount that would be payable as Realty Taxes if
such exemption were not available.
Right to Appeal Assessment
The Lessee will have the right from
name, any assessment of the Land
sections 3.1 and 3.2, provided that
Lessee.
Business Tax and License Fees
time to time to appeal, in its own or the Lessor's
s or Building or any Realty Taxes referred to in
such appeal will be at the sole expense of the
The Lessee covenants with the Lessor to pay or cause to be paid during the Term when
due every tax and permit and license fee (including penalties and interest) in respect
of any and every business carried on, in or upon the Lands or Building or in respect of
the use or occupancy of the Lands or Building by the Lessee (and any and every
sublessee, permittee and licensee), other than such taxes as corporate income, profits
or excess profit taxes assessed upon the income of the Lessee (or such sublessee,
permittee and licensee), whether such taxes or permit and license fees are charged by
any municipal, parliamentary, legislative, regional or other authority.
Other Taxes
The Lessee will pay when due all goods and services taxes, value-added taxes, sales
taxes and consumption based taxes, rates, levies and assessments, including penalties
and interest, that are from time to time payable by the Lessee as a result of, or that
would not be payable but for, its rights and obligations contained in this Lease,
including but without derogating from the generality of the foregoing, such taxes,
rates, levies and assessments payable as a result of any payment obligations herein of
the Lessee to the Lessor.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
13 of 51
3.6 Pro -rating Obligations
In the first and last years of the Term, the Lessee's obligations under sections 3.1 and
3.2 will be pro -rated according to the portion of the year included in the Term, such
pro -rating to be on a per diem basis.
ARTICLE 4
CONSTRUCTION OF BUILDING
4.1 Lessee to Construct Building
The Lessee will construct the Building, together with other facilities ancillary thereto
and connected therewith, on the Lands in substantial accordance with the drawings,
specifications (including materials to be used), elevations, location on the Lands and
exterior decoration and design and all other documents and information upon which
the issuance of the building permits by the City are based and that have been
approved by the Lessor and the Commission. No changes will be made to such
drawings, specifications, elevations, location, exterior decoration and design, other
documents or information, or to the requirements of such building permits without the
approval of the Lessor and the Commission, provided that the Commission may
approve minor changes allowed by the building permit(s) for the Building without the
approval of the Lessor.
4.2 Substantial Completion of Building
For the purposes of this Article 4, the Building will be deemed to have been
substantially completed when the Architect has certified to, or otherwise satisfied,
the Lessor and the Commission that, with respect to the Building:
(a) all work of a structural nature has been properly completed;
(b) all building equipment and services, including elevators (if any), heating
systems and air-conditioning systems (if any), and utilities have been
completed, are operating properly and are available for use by tenants of the
Lessee, and all lobbies, stairwells and other areas intended for the common use
of tenants of the Lessee are completed except for work of a superficial nature,
which is both minor in character and of a type that, owing to the likelihood of
damage, may reasonably be deferred until the Building is partially or
substantially occupied by tenants of the Lessee;
(c) all building bylaws and regulations of the City have been complied with by the
Lessee;
(d) all rentable space is completed for occupancy except for work of a superficial
nature that is dependent upon unascertained requirements of individual
tenants of the Lessee, and work that is reasonably and customarily performed
by tenants of the Lessee;
(e) all areas are clean and all surplus building material and rubbish have been
removed;
(f) the Building is in a condition in which it can be occupied by tenants of the
Lessee, and any work that is still unfinished can be completed promptly and is
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
14 of 51
work the incompletion of which will not be objectionable to a tenant of the
Lessee acting reasonably;
(g) the Building has been constructed in all respects in a good and workmanlike
manner and in accordance with the drawings and specifications, location on the
Lands and the exterior decoration and design approved in writing by the Lessor,
and in compliance with all building permits issued by the City; and
(h) a certificate of completion has been issued in respect of the Building pursuant
to the Builders Lien pact (British Columbia).
4.3 Termination of Lease on Failure to Construct
Subject to sections 4.6 and 18.2 and Article 23, the Lessee agrees with the Lessor that
if Commencement of Construction has not taken place within one hundred and eighty
(180) days of the Lease Commencement Date, or if construction of the Building is not
substantially completed in accordance with the requirements of section 4.1 within one
hundred and eighty (180) days after the second anniversary of the Lease
Commencement Date, the Lessor will have the option at any time thereafter to
terminate this Lease, and in such event this Lease will terminate and be of no further
force or effect and without any reimbursement or compensation to the Lessee, unless
the Lessor consents in writing to extend the deadline for Commencement of
Construction, such consent not to be unreasonably withheld.
4.4 Landscaping
Within one hundred and eighty (180) days of substantial completion of the Building,
the Lessee will landscape the Lands and thereafter maintain the landscaping in
accordance with landscaping plans that have been approved by the Commission.
4.5 Alterations After Substantial Completion
After substantial completion of the Building, the Lessee will not make or permit to be
made any Alterations affecting the structure of the Building or the exterior
appearance of the Building without the written approval of the Lessor and the
Commission, which approval the Lessor and the Commission will not unreasonably
withhold. No Alterations involving an estimated cost of more than Two Hundred
Thousand Dollars ($200,000.00) (in 2008 dollars) will be undertaken until the Lessee
has submitted or caused to be submitted to the Lessor and the Commission such
drawings, specifications (including the materials to be used), elevations (where
applicable), locations (where applicable), exterior decoration and design and such
other documentation and information as the Lessor and the Commission may request
in connection with the proposed Alterations, and until all of the same have been
approved in writing by the Lessor and the Commission, which approval the Lessor and
the Commission will not unreasonably withhold. The Lessee covenants and agrees with
the Lessor and the Commission that, subject to section 4.6, all Alterations undertaken
by or for the Lessee once begun will be prosecuted with due diligence to completion.
4.6 Unavoidable Delays
If, by reason of strike, lock -out or other labour dispute, material or labour shortage
not within the control of the Lessee, fire, explosion, flood, wind, water, earthquake,
act of God or other similar circumstances beyond the reasonable control of the Lessee
and not avoidable by the exercise of reasonable effort or foresight by the Lessee, the
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
15 of 51
Lessee is, in good faith and without default or neglect on its part, prevented or
delayed in achieving Commencement of Construction or substantial completion of the
Building in accordance with section 4.2 or the repair of the Building or any part or
parts of the Building which under the terms of this Lease the Lessee is required to do
by a specified date or within a specified time, the date or period of time within which
such work was to have been completed will be extended by the Lessor by a reasonable
period of time at least equal to that of such prevention or delay, and the Lessee will
not be deemed to be in default if it performs and completes the work in the manner
required by the terms of this Lease within such extended period of time or within such
further extended period of time as may be agreed upon from time to time between
the Lessor, the Lessee and the Commission.
ARTICLE 5
BUILDERS LIENS
5.1 Builders Liens
In connection with all labour performed on or materials supplied to the Lands,
including but not limited to the construction of the Building, the Lessee will comply
with, and will cause any contractor hired by it to comply with, the provisions of the
Builders Lien Act (British Columbia), and with all other statutes applicable in
connection therewith and in force from time to time, including any provision or
statute requiring or permitting the retention of portions of any sums payable by way of
holdbacks.
5.2 Discharge of Builders Liens
If and whenever any builders lien, or other lien or claim arises or is filed against the
Lessor's interest in the Lands in connection with work, labour, services or materials
supplied to or for the Lessee or for the cost of which the Lessee may in any way be
liable, the Lessee will, within fifteen (15) days after receipt of notice of such lien or
claim, procure the discharge thereof, and the discharge of any certificate of pending
litigation registered in respect of any such lien or claim, by payment or giving security
or in such other manner as may be required or permitted by law; provided, however,
that in the event of a bona fide dispute by the Lessee of the validity or correctness of
any claim for any such lien, the Lessee will not be bound by the foregoing, but will be
entitled to defend against the same in any proceedings brought in respect thereof
after first paying into a court of competent jurisdiction the amount claimed or
sufficient security therefor, and such costs as the court may direct. The Lessor may
pay and discharge any lien claim if, in its reasonable judgement, the Lands or the
Lessor's interest in the Lands becomes liable to forfeiture or sale, or is otherwise in
jeopardy. The Lessee will reimburse to the Lessor any amount paid by the Lessor in
discharging a lien claim and the Lessor's reasonable expenses in connection therewith.
5.3 Notice by Lessor
Pursuant to section 3(2) of the Builders Lien Act, the Lessor may file in the Land Title
Office notice of its fee simple interest in the Lands and for all purposes of this Lease
the construction of the Building by the Lessee will be deemed not to be done at the
request of the Lessor.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
16 of 51
ARTICLE 6
RESTRICTIONS ON OPERATIONS AND USE
6.1 Use
Unless otherwise agreed to in writing by the Lessor and the Commission, the Lessee
covenants and agrees with the Lessor and the Commission that neither the Lands nor
Building nor any part of the Lands or Building will be used for any purpose except that
of housing Eligible Occupants, subject always to the laws, bylaws, regulations and
permits governing the use of the Lands and Building from time to time. Neither the
Lands nor Building nor any part of the Lands or Building will be used for business,
trade or manufacture without the written approval of the Lessor and the Commission,
which approval the Lessor and the Commission may arbitrarily withhold. If, however,
the Lessor and the Lessee determine that it is not practical or commercially
reasonable to continue to carry on the use described in section 6.1, the Lessee may
commence to use and occupy the Lands and Building for another use, including a
commercial use that is approved by the Lessor, subject always to the laws, bylaws,
regulations and permits governing the use of the Lands and the Building from time to
time, and if it elects to do so:
(a) the Basic Rent will be adjusted, from time to time, to reflect the fair rental
value of the Lands, without reference to the Building, given the use to which
the Lands and Building are put, from time to time. If the parties cannot agree
on the Basic Rent or -the dates when the Basic Rent is to be adjusted, the Basic
Rent and/or adjustment dates will be settled by arbitration pursuant to Article
19; and
(b) the Lands and Building will not be exempt from Realty Taxes.
6.2 No Nuisance
The Lessee will not carry on, or suffer or permit to be carried on, upon the Lands
anything which would constitute a nuisance to the Lessor or to any neighbouring
properties or their owners or occupants provided, however, that the occupation of the
Lands and Building by Eligible Occupants shall not constitute a nuisance.
6.3 No Subdivision
The Lessee covenants that it will not subdivide the Lands or the Building pursuant to
the Strata Property Act (British Columbia).
6.4 Operator Agreement/ Eligible Occupant Document
It is a condition of this Lease that either:
(a) if neither the Lessee, nor the Commission on behalf of the Lessee, operates
and manages the Lands and the Building, the Commission will enter into an
Operator Agreement, which Operating Agreement will, among other things, set
out the criteria for Eligible Occupants in accordance with the terms of the
MOU; or
(b) if the Lessee, or the Commission on behalf o the Lessee, operates and manages
the Lands and the Building, the Commission will prepare and obtain the City's
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
17 of 51
approval of a document setting out the criteria for Eligible Occupants in
accordance with the terms of the MOU;
and no part of the Building may be used or occupied for any purpose unless at the
relevant time there is a City approved Operating Agreement in place under (a) or a
City approved document under (b).
The Commission will obtain the Lessor's written approval of the Operator Agreement
before entering into the Operator Agreement and will not amend the Operator
Agreement without the prior written approval of the Lessor.
6.5 Enforcement of Operator Agreement
If an Operator Agreement is entered into, the Commission will:
(a) cause the Operator to operate the Lands and Building on a non-profit basis such
that there will be no accumulation of funds in excess of those needed to
construct the Building and operate and manage the Lands and the Building in
the manner approved by the Commission; and
(b) cause the Operator to use the Lands and the Building at all times in a manner
that complies with the Lessee's obligations contained in this Lease.
6.6 Constitution
The Lessee agrees that without the prior written consent of the Commission, it will
not amend or permit its constitution to be amended or varied in any way from the
constitution filed in the British Columbia Corporate Registry as of the Review Date. If
the Review Date is not established by the Commission, the Lease Commencement Date
will be deemed to be the Review Date.
6.7 Restriction on Contracting
The Lessee covenants that:
(a) it will not pay directly or indirectly to any of its directors or their relatives by
blood or marriage (including common-law marriage) any money obtained from
the operation of the Lands or the Building, or from the operation of other
premises leased from the Lessor, or otherwise received from the Lessor, the
Commission or the Province, without the express written consent of the Lessor,
the Commission and/or the Province, as the case may be;
(b) it will not, by contract or otherwise, pay to any of its former directors or their
relatives by blood or marriage (including common-law marriage), pursuant to
any contract or arrangement made when the former director was a director of
the Lessee, money obtained from the operation of the Lands or the Building, or
from the operation of other premises leased from the Lessor, or otherwise
received from the Lessor, the Commission or the Province, without the express
written consent of the Lessor, the Commission and/or the Province, as the case
may be;
(c) subject to sub -paragraphs (a) and (b), the Lessee may enter into bona fide
arm's length contracts with occupants of the Building for the provision of
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
18 of 51
services in furtherance of the good management of the Lands and the Building;
and
(d) notwithstanding the foregoing, the Lessee may reimburse its directors or
occupants of the Building for out-of-pocket expenses incurred for the proper
management of the Lands or the Building but only upon the proof of such
expenditure by the production of bona fide receipts.
The Lessor may not terminate this Lease on account of a breach of this section 6.7 but
such directors will forthwith and forever be disqualified from such directorship.
6.8 Permitted Encumbrances
The Lessor and the Lessee covenant and agree that, during the Term, the Lessee, at
its expense, will perform and observe all of the obligations of the Lessor and may
enjoy all of the rights of the City as Lessor (but not those rights of the City in its
regulatory capacity) set out in the Permitted Encumbrances. None of the Permitted
Encumbrances will merge or be deemed to have merged with the Lessor's title to the
Lands, and accordingly all Permitted Encumbrances will be deemed to be in full force
and effect. The Lessor will execute such documents as might reasonably be requested
by the Lessee to enable it to comply with its obligations and to enjoy its rights in
respect of the Permitted Encumbrances. The Lessee further covenants and agrees
with the Lessor that if the City exercises any of its rights in its regulatory capacity
under the Permitted Encumbrances, such exercise will not be a breach of the Lessor's
covenant for quiet enjoyment.
6.9 Obligations of the Commission
The Commission will:
(a) cause the Operator to use the Lands and the Building in a manner that is
consistent with the Lessee's obligations contained in section 6.1;
(b) cause the Operator to operate the Building on a non-profit basis such that
there will be no accumulation of funds in excess of those needed to operate
and manage the Lands and building in the manner approved by the Commission;
and
(c) provide the Lessor with current copies of the Operator Agreement upon the
request of the Lessor.
ARTICLE 7
REPAIRS AND MAINTENANCE
7.1 Lessor Not Obliged to Repair
The Lessor will not be obliged to furnish any services or facilities or to make repairs or
Alterations in or to the Lands or the Building, and the Lessee hereby assumes the full
and sole responsibility for the condition, operation, repair, replacement, maintenance
and management of the Lands and the Building and all expenses related thereto.
7.2 Repairs by the Lessee
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
19 of 51
Reasonable wear and tear excepted, so long as the reasonable wear and tear does not
unreasonably affect the exterior appearance of the Building:
(a) the Lessee at the Lessee's cost and expense will put and keep in good order
and condition, or cause to be put and kept in good order and condition, the
Lands and Building (and any equipment located thereon and therein), both
inside and outside, !including but not limited to fixtures, walls, foundations,
roofs, vaults, stairways, elevators (if any) and similar devices, heating and air
conditioning equipment, sidewalks, yards and other like areas, water and sewer
mains and connections, water, steam, gas and electric pipes and conduits, and
all other fixtures and appurtenances to the Lands and the Building and
machinery and equipment used or required in the operation thereof, whether
or not enumerated herein, and will, in the same manner and to the same
extent as a prudent owner, make any and all necessary repairs and, subject to
section 4.5, Alterations, ordinary or extraordinary, foreseen or unforeseen,
structural or otherwise, and keep the Building and any and all fixtures and
equipment therein fully usable for the purposes for which the Building was
constructed. Such repairs and Alterations will be in all respects to a standard
at least substantially equal in quality of material and workmanship to the
original work and material in the Building, and will in each case be performed
only in accordance with all applicable terms and conditions of the Permitted
Encumbrances;
(b) the Lessee will not commit or suffer waste to the Lands or the Building or any
part thereof;
(c) at the expiration or earlier termination of this Lease, the Lessee will, except as
otherwise expressly provided herein, surrender and deliver up the Lands with
the Building, and the fixtures, appurtenances and equipment thereon and
therein, or any replacements or substitution therefor, in good order and
condition; and
(d) if the Lessee does not fulfil its obligations set out in this Article 7, the Lessor or
the Commission, through their agents, servants, contractors and
subcontractors, may, but will not be obliged to, enter (without hindrance by
the Lessee) upon the Lands and the Building as required for the purpose of
making any repairs necessary to put the Lands and the Building in good order
and condition, provided that the Lessor or the Commission will make such
repairs only after giving the Lessee not less than fourteen (14) days written
notice of its intention to do so, except in the case of an emergency when no
notice will be required. Any costs and expenses (including overhead costs)
incurred by the Lessor or the Commission in making such repairs to the Lands
and Building will be reimbursed to the Lessor or the Commission, as the case
may be, by the Lessee on demand, together with interest at the Prime Rate
plus three percent (3%) per annum, calculated and compounded monthly, from
the date incurred until the date paid.
7.3 Removal of Ice and Snow from Sidewalks
The Lessee covenants and agrees with the Lessor that if the Lessee at any time fails to
keep the public sidewalk adjacent to the Lands reasonably clean from rubbish, ice and
snow during the times and to the extent lawfully required of an owner, the Lessor,
through its agents, servants, contractors and subcontractors, may remove such
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
20 of 51
rubbish, ice and snow and the Lessor will not be required to give the Lessee any notice
of its intention to do so. Any costs and expenses incurred by the Lessor in removing
such ice and snow will be reimbursed to the Lessor by the Lessee on demand, together
with interest at the Prime Rate plus three percent (3%) per annum, calculated and
compounded monthly, from the date incurred until paid.
ARTICLE 8
ADDITIONAL RENT
8.1 All Defaults in Payment as Additional Rent
If the Lessee defaults in the payment of any sums required to be paid by it pursuant to
the terms of this Lease, or fails to fulfil any of its obligations under this Lease, the
Lessor may (but will be under no obligation to) pay such sums or fulfil such, obligations
on behalf of the Lessee, and any losses, costs, charges and expenses suffered by the
Lessor as a result, including sums payable by way of indemnity, whether or not
expressed in this Lease to be rent, may at the option of the Lessor be treated as and
deemed to be Additional Rent, in which event the Lessor will have all remedies for the
collection of such sums, costs, expenses or other amounts when in arrears as are
available to the Lessor for the collection of rent in arrears.
ARTICLE 9
INSURANCE
9.1 Insurance During Construction of Building
Prior to the Commencement. of Construction of the Building, and throughout the entire
period of construction until substantial completion of the Building pursuant to section
4.2, the Lessee will effect or will cause its contractor or contractors to effect and
maintain in full force the following insurance coverage:
(a) wrap-up liability insurance with limits of not less than Five Million Dollars
($5,000,000), or such other amount as the Lessor or the Commission may
require from time to time, per occurrence, issued in the joint names of the
Lessee, the Lessor, the Commission, the Lessee's contractors, any
subcontractors and their respective Personnel, protecting them against claims
for bodily injury, death or property damage or other third party or public
Liability claims arising from any accident or occurrence upon, in or about the
Lands from any cause, including the risks occasioned by the construction of the
Building; and
(b) all-risk course of construction insurance issued in the joint names of the
Lessee, the Lessor and the Commission, protecting them from all loss or
damage of or to the Building and all fixtures, equipment, improvements and
building materials on the Lands from time to time, both during and after
construction (but which may be by different policies effected from time to
time covering the risk during different phases of construction of the Building,
provided that at no time will the Building be uninsured) against fire,
earthquake, flood and all other perils from time to time customarily included
in the usual all-risks builders' risk form of policy applicable to similar properties
during construction and effected in the province of British Columbia by prudent
owners, and such other perils as the Lessor or the Commission may reasonably
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
21 of 51
require to be insured against, to the full replacement value thereof at all
times.
9.2 Commercial General Liability Insurance
The Lessee will effect and keep in force commercial general liability insurance with
limits of not less than Five Million Dollars ($5,000,000), or such other amount as the
Lessor or the Commission may require from time to time, per occurrence, against
public liability claims for bodily injury, death and property damage (including loss of
use) arising from the Lessee's use and occupancy of the Building and from any
occurrence or accident on the Lands or Building. Such insurance will be written on an
occurrence basis and will provide for blanket contractual liability, including liability
assumed by the Lessee under this Lease. The policy will also contain a cross liability
or severability of interests clause and will name the Lessor, the Commission and their
respective Personnel as additional insureds with respect to third party claims arising
out of the Lessee's operations pursuant to this Lease.
9.3 All Risk Property, Pressure Vessel and Rental Income Insurance
Immediately following substantial completion of the Building and at all times
thereafter during the Term, the Lessee will effect and maintain property insurance in
the joint names of the Lessor, the Commission and the Mortgagee (if any) as their
interests may appear, to the full replacement value of the Building and fixtures on the
Lands, protecting them against "All Perils" of loss or damage including flood, sewer
backup and earthquake, and will include:
(a) rental income insurance in an amount equal to the maximum annual rental
income of the Building pursuant to the Operator Agreement; and
(b) boilers and pressure vessels, protecting against usual and unusual perils,
including damage caused by rupture of steam pipes.
The policies described in this section 9.3 will contain a clause directing insurers to
make losses payable to the Lessee, the Lessor, the Commission and the Mortgagee as
their interests may appear.
9.4 Insurance - Additional Provisions
The following provisions will apply to all policies of insurance which are referred to in
this Article 9:
(a) the policies will be primary and non-contributing with respect to any policy or
self -insured fund otherwise held or established on behalf of the Lessor or the
Commission;
(b) the stated amount of value insured under property policies will be of sufficient
amount that none of the Lessee, the Commission nor the Lessor will become
co-insurers with respect to any loss claimed against the insurance;
(c) each policy will be written on a form acceptable to the Lessor and the
Commission and with insurers licensed to do business in the province of British
Columbia and acceptable to the Lessor and the Commission;
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
22 of 51
(d) any deductible amounts applying to a claim against a policy will be of an
amount approved by the Lessor and the Commission;
(e) each policy will contain a clause requiring that the insurers provide to the
Lessor and the Commission a minimum of sixty (60) days prior written notice of
any cancellation (except for cancellation resulting from non-payment of
premiums, in which ease applicable statutory provisions will apply); and
(f) all premiums and deductibles required under said policies will be paid by the
Lessee to the insurers and proof of such payment will be submitted to the
Lessor and the Commission.
In addition to the notification obligations of the insurers required by section 9.4(e),
the Lessee will provide to the Lessor and the Commission a minimum of sixty (60) days
prior written notice of any cancellation, lapse or material change resulting in
reduction of coverage, either in whole or in part, in respect of any of the policies of
insurance which are referred to in this Article 9.
9.5 Evidence of Insurance
Prior to the Lease Commencement Date the Lessee will provide the Lessor and the
Commission with evidence of all insurance required to be taken out pursuant to this
Lease, in the form of one or more detailed certificates of insurance, in such form(s)
and contents as the Lessor and the Commission requests. Each certificate of insurance
must identify the Lease number, policy holder and subject matter, and must not
contain any disclaimer. Thereafter, and throughout the Term, forthwith upon request
by the Lessor or the Commission, similar evidence of renewals, extensions or
replacement of such insurance will be provided in the form of such certificate(s) of
insurance. In addition, if requested by the Lessor or the Commission at any time, the
Lessee will forthwith deliver to the Lessor or the Commission, as applicable, a
certified copy of each insurance policy requested.
9.6 Payment of Loss Under Insurance Policies
The insurance monies payable under the policies of insurance referred to in this
Article 9, will, notwithstanding the terms of the policy or policies, be paid to the
Trustee on behalf of the Lessee, the Lessor, the Commission and the Mortgagee. The
Lessee, the Lessor and the Commission agree that the Trustee will, subject to sections
10.5 and 10.6, pay for all restoration, reconstruction or replacement of the loss or
damage in respect of which such insurance monies were paid to the Trustee out of
such insurance monies in accordance with certificates of the Architect or such other
person as the Lessee, the Lessor and the Commission may agree upon and who is in
charge of such restoration, reconstruction or replacement, after receiving such other
certificates, evidence or opinions as the Trustee will require for the purpose of being
satisfied that such restoration, reconstruction or replacement is being properly carried
out. If the Lessee fails to restore, reconstruct or replace the loss or damage in respect
of which the insurance monies were paid to the Trustee within a reasonable time, the
Lessor and the Commission will be entitled to effect such restoration, reconstruction
or replacement and the Trustee will pay such insurance monies to the Lessor or the
Commission in the same manner that the Trustee would have done had the Lessee
effected such restoration, reconstruction or replacement.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
23 of 51
9.7 Workers Compensation Coverage
At all times during the Term, the Lessee will, and will cause its Personnel and all
others engaged in or upon any work on the Building or the Lands to, comply with the
Workers Compensation Act (British Columbia) (the "WCA") and the requirements and
regulations of WorkSafeBC in respect of the Building and the Lands. Without limiting
the generality of the foregoing, the Lessee will:
(a) require as a condition of any agreement made with respect to construction,
repair, renovation or demolition of the Building, whether with contractors,
materialmen or otherwise, that there is full workers compensation insurance
coverage in place in respect of all workmen, employees, servants and others
engaged in or upon any work, and that all workmen, contractors or other
workers require the same of their workmen and subcontractors. The Lessee
will immediately notify the Lessor and the Commission of any dispute involving
third parties that arises in connection with obtaining and maintaining the
workers compensation insurance coverage required hereby if such dispute
results or may result in the required insurance coverage not being in place, and
the Lessee will take all reasonable steps to ensure resolution of such dispute
forthwith. The Lessee will further ensure that no amount payable pursuant to
the WCA is left unpaid so as to create a lien on the Lands or the Building. If
the workers compensation insurance coverage required by this section 9.7 is
not in place, the Lessor and the Commission will be entitled to have recourse
to all remedies specified in this Lease or at law or equity; and
(b) be deemed to be, and is hereby designated and appointed by the Lessor as, the
"Prime Contractor" as that term is defined in section 118 of the WCA for the
purposes of the WCA and related regulations, including the Occupational Health
and Safety Regulation (the "OHS Regulation"), and the requirements and
regulations of WorkSafeBC, and will in that capacity strictly comply with all
requirements applicable to that designation, including without limitation those
set forth in Division 3 of Part 3 of the WCA and in sections 20.2 and 20.3 of the
OHS Regulation, as they may be amended from time to time. Notwithstanding
the foregoing, with the prior written consent of the Lessor, a contractor hired
by the Lessee to perform work on the Lands on its behalf may be designated as
the Prime Contractor instead of the Lessee.
9.8 Release of Lessor and Commission from Liability for Insured Loss or Damage
The Lessee hereby releases the Lessor and the Commission and their respective
Personnel, whether or not the Lessor, the Commission and their respective Personnel
have been negligent, from any and all liability for loss or damage caused by any of the
perils against which the Lessee will have insured or is obligated to insure pursuant to
the terms of this Lease or any applicable law, the intent being that the Lessee's
policies of insurance will contain a waiver of subrogation in favour of the Lessor and
the Commission or, if the Lessee elects to self insure under section 9.9, the Lessee will
release the Lessor and the Commission from any and all liability for loss or damage
caused by the perils referred to in sections 9.1(b) and 9.2 to the same extent as if the
Lessee had taken out insurance.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
24of51
ARTICLE 10
DAMAGE OR DESTRUCTION
10.1 Rent Not to Abate
Subject to the provisions of sections 10.5 and 10.6, the partial destruction or damage
or complete destruction by fire or other casualty of the Building will not result in the
termination of this Lease or entitle the Lessee to surrender possession of the Lands or
the Building or to demand any abatement or reduction of the Basic Rent or Additional
Rent or other charges payable under this Lease, any law or statute now or in the
future to the contrary notwithstanding.
10.2 Lessee's Obligation When Building Partially Damaged or Destroyed
Subject to the provisions of sections 10.5 and 10.6 and any Air Space Parcel Charges
applicable, the Lessee covenants and agrees with the Lessor and the Commission that
in the event of partial damage to or partial destruction of the Building, the Lessee will
either:
(a) replace any part of the Building damaged or destroyed with a new structure in
accordance with any agreement which may be made by the Lessee with the
Lessor and the Commission; or
(b) in the absence of any such agreement, repair or replace such damage or
destruction to a standard comparable to the standard of the structure being
repaired or replaced„
10.3 Lessee's Obligations When Building Completely or Substantially Destroyed
Subject to the provisions of sections 10.5 and 10.6 and any Air Space Parcel Charges
applicable, the Lessee covenants and agrees with the Lessor and the Commission that
in the event of complete or substantially complete destruction of the Building, the
Lessee will either:
(a) reconstruct or replace the Building with a new structure or structures in
accordance with any agreement which may be made by the Lessee with the
Lessor and the Commission; or
(b) in the absence of any such agreement, replace the Building with a new
structure or structures comparable to the structure or structures being
replaced.
10.4 Replacement, Repair or Reconstruction
Any replacement, repair or reconstruction of the Building or any part thereof pursuant
to the provisions of section 10.2 or 10.3 will be made or done in compliance with
section 4.5 and Article 7.
10.5 Special Provisions Where Approved Lender or Corporation is Mortgagee
(a) If the Building is damaged or destroyed to the extent of at least twenty-five
percent (25%) of the full replacement cost of the Building, and at the time of
such damage or destruction the Mortgagee is an Approved Lender, and such
Mortgagee notifies the parties that the insurance monies made available by
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
25 of 51
reason of the casually causing such damage or destruction will not be applied
in repairing, reconstructing or replacing the Building, and the right to so elect
is reserved to the Mortgagee under the terms of the Mortgage, then the Lessee
may decline to repair, reconstruct or replace the Building and instead elect to
terminate this Lease, provided that the Lessee makes such election within sixty
(60) days after the (late on which the Building was so damaged or destroyed
and notifies the Lessor and the Commission of its election forthwith after
making it. If the Lessee does not elect to so terminate this Lease, then the
Lessee will repair, reconstruct or replace the Building or any part thereof
damaged or destroyed in accordance with section 10.2 or section 10.3, as the
case may be, and section 10.4;
(b) If the Mortgagee is the Corporation and it attorns to the Lessor as tenant and
undertakes to be bound by and perform the covenants and agreements of the
Lease, and subsequently during the Term the Building is damaged or destroyed
to the extent of at least twenty-five percent (25%) of the full replacement cost
of the Building, the Corporation as tenant may at its option either repair,
reconstruct or replace the Building so damaged or destroyed or decline to
repair, reconstruct or replace the Building and instead elect to terminate this
Lease, provided that the Corporation as tenant makes such election within sixty
(60) days after the date on which the Building was so damaged or destroyed
and notifies the Lessor and the Commission of its election forthwith after
making it. If the Corporation as tenant does not so elect to terminate this
Lease, then the Corporation as tenant will repair, reconstruct or replace the
Building or any part thereof damaged or destroyed in accordance with section
10.2 or section 10.3, as the case may be, and section 10.4;
(c) As soon as reasonably possible, but not later than one hundred and eighty (180)
days following the date of termination of this Lease by the Lessee pursuant to
section 10.5(a) or section 10.5(b), the Lessee will demolish and completely
remove the Building and all foundations and debris from the Lands and restore
the Lands to a neat and level condition in a good and workmanlike manner.
Any insurance money payable by reason of any fire or other casualty causing
such destruction will, notwithstanding the provisions of Article 9, be
distributed as follows:
(i) firstly, to reimburse the Lessee for all costs and expenses necessarily
incurred by the Lessee in the demolition and removal of the Building
and all foundations and debris from the Lands and the restoration of the
Lands as aforesaid;
(ii) secondly, to pay and satisfy the Mortgage, if any;
(iii) thirdly, to pay the balance of the insurance monies, if any, as follows:
A. to the Lessor, the amount calculated as follows:
amount payable = (balance of insurance monies) x (days in
expired portion of the Term = total days in Term); and
B. to the Lessee, the amount calculated as follows:
amount payable = (balance of insurance monies) x (days
remaining in the Term _ total days in Term),
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
26 of 51
provided however that any amount so payable to the Lessee will
be paid directly to the Commission;
(d) If this Lease is terminated pursuant to this section 10.5, then upon the Lessee
substantially completing the work required by section 10.5((c), the Lessor will
forthwith refund to the Commission a portion of the Basic Rent payable
pursuant to this Lease, calculated as follows:
amount payable = (Basic Rent) x (days remaining in the Term as of the
date of such substantial completion of work : total days in the Term),
provided however that the Commission hereby assigns such refund to all
Mortgagees, if any, and such refund will be paid by the Lessor to such
Mortgagees in the same priority as registration of their Mortgages, if any;
(e) Notwithstanding anything contained herein, in the event the Lessee terminates
this Lease in accordance with this section 10.5, this section will nevertheless
survive such termination and remain in full force and effect and be binding
upon the parties and their respective successors and assigns so long as any
obligations of the parties under this section 10.5 or any part thereof remains
unperformed; and
(f) The provisions of this section 10.5 are subject always to the provisions of
section 10.6.
10.6 Destruction or Damage During Last Five Years of Term
(a) In the event of the complete or substantial destruction of the Building during
the last five (5) years of the Term, the Lessee may, at its option, either
reconstruct or replace the Building so destroyed or damaged in accordance
with section 10.3 or decline to do so, and instead elect to terminate this Lease,
provided that the Lessee makes such election within sixty (60) days after the
date on which the Building was so destroyed and notifies the Lessor of its
election forthwith after making it;
(b) As soon as reasonably possible, but not later than one hundred and eighty (180)
days following the date of termination of this Lease by the Lessee pursuant to
section 10.6(a), the Lessee will demolish and completely remove the Building
and all foundations and debris from the Lands and restore the Lands to a neat
and level condition in a good and workmanlike manner. Any insurance money
payable by reason of any fire or other casualty causing such destruction will,
notwithstanding the provisions of Article 9, be distributed as follows:
(i) firstly, to reimburse the Lessee for all costs and expenses necessarily
incurred by the Lessee in the demolition and removal of the Building
and all foundations and debris from the Lands and the restoration of the
Lands as aforesaid;
(ii) secondly, to pay and satisfy the Mortgage, if any;
(iii) thirdly, to pay the balance of the insurance monies, if any, as follows:
A. to the Lessor the amount calculated as follows:
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
27 of 51
amount payable = (balance of insurance monies) x (days in
expired portion of the Term _ total days in Term); and
B. to the Lessee the amount calculated as follows:
amount payable = (balance of insurance monies) x (days
remaining in the Term : total days in Term),
provided however that any amount payable to the Lessee will be
paid directly to the Commission;
(c) If this Lease is terminated pursuant to this section 10.6, then upon the Lessee,
substantially completing the work required by section 10.6(b), the Lessor will
forthwith refund to the Commission a portion of the Basic Rent payable
pursuant to this Lease, calculated as follows:
amount payable = (Basic Rent) x (days remaining in the Term as of the
date of substantial completion of such work : total days in the Term),
provided however that the Commission hereby assigns such refund to all
Mortgagees, if any, and such refund will be paid by the Lessor to such
Mortgagees in the same priority as registration of their Mortgages, if any; and
(d) Notwithstanding anything contained herein, in the event the Lessee terminates
this Lease in accordance with this section 10.6, this section 10.6 will
nevertheless survive such termination and remain in full force and effect and
be binding upon the parties and their respective successors and assigns so long
as any obligations of the parties under this section 10.6 or any part thereof
remains unperformed.
ARTICLE 11
INSPECTION AND EXHIBITION BY LESSOR
11.1 Inspection by Lessor and Commission
The Lessor and the Lessee agree that it will be lawful for representatives of the Lessor
and the Commission to enter the Lands and the Building at all reasonable times during
the Term and to examine the condition thereof. If the Lessor or the Commission
determines that any of the repairs described in section 7.2 are required, notice of
such required repairs will be given by the Commission or the Lessor to the Lessee, and
the Lessee will within fourteen (14) days after every such notice, or such longer period
as provided in section 18.1(d), repair and make good accordingly.
11.2 Exhibition by Lessor
During the final year of the Term, the Lessor will be entitled to display upon the Lands
the usual signs advertising the Lands and Building as being available for purchase or
lease, provided such signs are displayed in such a manner as not to unreasonably
interfere with the Lessee's use and enjoyment of the Lands and the Building.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
28 of 51
ARTICLE 12
OBSERVANCE OF GOVERNMENTAL REGULATIONS
12.1 Compliance
The Lessee covenants to competently and faithfully observe and comply with all laws,
bylaws and lawful orders which apply to the Lands and the Building or the Lessee's
occupation of or activities on the Lands or in the Building, and to not use or occupy or
permit to be used or occupied the Lands or the Building or any part thereof for any
illegal or unlawful purpose or in any manner which would result in the cancellation or
threatened cancellation of any insurance, or in the refusal of any insurer to issue any
insurance as requested. If any law, bylaw or lawful order is directed at or places a
duty or obligation upon the Lessor, then the same will be performed and observed by
the Lessee, at its cost, in the place and stead of the Lessor.
ARTICLE 13
RIGHTS OF LESSOR AND LESSEE
13.1 As Landlord and Tenant
All rights and benefits and all obligations of the Lessor and the Lessee under this Lease
will be rights, benefits and obligations of the Lessor and the Lessee respectively in
their capacities as landlord and tenant respectively under this Lease.
13.2 Air Space Parcel Considerations
If the Building is going to be constructed in an air space parcel, the following
provisions will apply:
(a) the Lessee covenants with the Lessor to perform any obligation of the Lessor
pursuant to any Air Space Parcel Charges;
(b) each of the Lessee, the Lessor and the Commission acknowledges and agrees
that it will not modify or replace the Air Space Parcel Charges without the prior
written consent of the other parties; however, if any of the Air Space Parcel
Charges contemplate future modification or replacement, if requested by the
Lessor, the Lessee covenants with the Lessor that the Lessee will consent to
such modification or replacement and perform the Lessor's obligations
contained therein;
(c) if the Lessor is obligated to pay the holders of the Air Space Parcel Charges for
the value of any work or service benefiting the Lands and Building, the Lessee
covenants with the Lessor to reimburse the Lessor for such amounts as
Additional Rent, on demand; and
(d) the Lessee covenants with the Lessor and the Commission, which will, at their
option, be deemed to have an interest in all actions and arbitrations
concerning the rights and obligations arising from the Air Space Parcel Charges,
to promptly provide the Lessor and the Commission with written notice of all
such actions and arbitrations and, if necessary, the Lessee covenants to
consent to the Lessor and/or the Commission becoming a party to such actions
or arbitrations. If the Lessee or the Commission may only be a party in the
name of the Lessor, the Lessor covenants to permit such standing by the Lessee
and the Commission in the Lessor's name.
District of Mapte Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
29 of 51
14.1
ARTICLE 14
EXCLUSION OF LIABILITY AND INDEMNITY
Limitation of Liability and Release
Neither the Lessor nor the Commission nor their respective Personnel or contractors
will be liable for, and the Lessee hereby releases the Lessor, the Commission and their
respective Personnel and contractors from all Losses, including without limitation,
Losses as a result of:
(a) any bodily injury or death, however caused, suffered or sustained in or about
the Lands or the Building; or
(b) any property damage or other loss or damage of any nature whatsoever,
however caused, to the Lands or the Building, or to any property belonging to
the Lessee or to any other person in or about the Lands or the Building,
whether such Losses arise from an
respective rights or privileges herein
respective negligence of the Lessor,
contractors, as the case may be.
14.2 Exclusion of Liability
exercise of the Lessor's or the Commission's
or otherwise, unless directly resulting from the
the Commission or their respective Personnel or
Notwithstanding section 14.1, neither the Lessor nor the Commission nor their
respective Personnel or contractors will be liable for:
(a) consequential, business, economic or indirect loss or damage of any nature
whatsoever, however caused, which may be suffered or sustained by the Lessee
or any other person who may be in or about the Lands or the Building; or
(b) any loss against which the Lessee is obligated to insure or has insured.
14.3 Indemnification
The Lessee hereby agrees to indemnify and save harmless the Lessor, the Commission
and their respective Personnel and contractors from and against all Losses which the
Lessor, the Commission or their respective Personnel or contractors may suffer or
incur arising out of, or in any way connected with, or that would not or could not be
made or incurred but for this Lease; provided, however, that such indemnity will not
apply to the extent, if any, to which such Losses directly result from the respective
negligence of the Lessor, the Commission or their respective Personnel or contractors,
as the case may be. Without derogating from the generality of the foregoing, the
Lessee agrees to indemnify and save harmless the Lessor, the Commission and their
respective Personnel and contractors in respect of all Losses:
(a) as a result of bodily injury or death, property damage or other damage arising
from the conduct of any work by or any act or omission of or relating to or
arising from the occupation or possession of the Lands and the Building by the
Lessee or any assignee, subtenant, Personnel, contractor, invitee or licensee of
the Lessee; or
(b) suffered or incurred by the Lessor, the Commission or their respective
Personnel and contractors that arise, whether directly or indirectly, from any
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
30 of 51
breach by the Lessee, its Personnel, contractors or any other person for whom
the Lessee is responsible in law, of any of its covenants and obligations under
this Lease.
14.4 Indemnification Survives Termination of Lease
The obligations of the Lessee to indemnify the Lessor, the Commission and their
respective Personnel and contractors will apply and continue notwithstanding the
termination or expiration of this Lease.
ARTICLE 15
SUBLETTING AND ASSIGNING
15.1 Subletting and Assigning by Lessee
The Lessee will not sublease, assign, transfer, sell or encumber the Lease or enter into
any agreement for the purpose of sub -leasing, assignment, transferring, selling or
encumbering the Lease, the Building or the Lands, except as expressly permitted in
this Lease, or with the prior written consent of the Lessor and the Commission, which
consent the Lessor and the Commission may arbitrarily withhold; provided, however,
that if the Lessee is PRHC, the Corporation or a Mortgagee which is an Approved
Lender, the Lessor and the Commission will not unreasonably withhold their consent.
The Lessee may sublet or grant licences or other rights to occupy or use any part of
the Building to:
(a) Eligible Occupants; or
(b) staff and other personnel authorized by the Lessor and the Commission who are
required to operate and maintain the Building and the Lands for the purposes
of this Lease and who are bona fide employees of the Lessee.
15.2 Copies of Subleases
If requested by the Lessor or the Commission, a copy of any or all such subleases will
be forwarded to the Lessor or the Commission, as the case may be, within thirty (30)
days after the conclusion of each transaction, together with particulars of registration
(if any) in the Land Title Office.
15.3 Where Mortgagee is Approved Lender, Commission or Corporation
If a Mortgagee which is an Approved Lender, the Commission or the Corporation takes
an assignment of the rents payable to the Lessee by holders of occupation rights
granted by the Lessee pursuant to section 15.1, the Lessee is permitted to enter into
such assignment of rents, without the consent of the Lessor or the Commission, as
collateral or additional security for an Insured Loan, if such Mortgagee has registered
that assignment in the Land Title Office as a charge against the interest of the Lessee
in the Lands and the Building or any part thereof. The Lessor agrees that such an
assignment of rents will have priority over any similar assignment of those particular
rents granted to the Lessor by this Lease.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
31 of 51
ARTICLE 16
MORTGAGE
16.1 Mortgaging by Lessee
The Lessee may mortgage its leasehold interest in the Lands and the Building only with
the prior written consent of the Lessor, which consent may not be unreasonably
withheld, and the Commission, which consent may be arbitrarily withheld.
Notwithstanding any such Mortgage, the Lessee will be and remain liable for the
payment of all Basic Rent and Additional Rent, and the performance of all of its
obligations set out in this Lease.
16.2 Tripartite Agreement
At the request of the Mortgagee, the Lessor will execute and deliver to the Mortgagee
an agreement among the Lessee, the Lessor and the Mortgagee, or between the Lessor
and the Mortgagee, which will be binding and enforceable against the Lessee (if a
party thereto), the Lessor and the Mortgagee and their successors and assigns,
whereby the Lessor will agree with the Mortgagee to afford to the Mortgagee the
rights and remedies afforded to Mortgagees under this Lease.
ARTICLE 17
BANKRUPTCY OF LESSEE
17.1 Bankruptcy of Lessee
Subject to the provisions of section 18.2(c), if the Term is at any time seized or taken
in execution by any creditor of the Lessee, or if the Lessee makes a general
assignment for the benefit of creditors, or institutes proceedings to subject itself to
the Winding -up and Restructuring Act (Canada) or to be adjudicated a bankrupt or
insolvent, or consents to the institution of bankruptcy or insolvency proceedings
against it, or files an application or petition or answer or consent seeking
reorganization or readjustment of the Lessee under the Bankruptcy and Insolvency Act
(Canada) or the Companies' Creditors Arrangement Act (Canada) or any law of Canada
or any province thereof relating to bankruptcy or insolvency, or consents to the filing
of any such application or petition, or consents to the appointment of a receiver, or if
the Lessee or its directors pass any resolution authorizing the dissolution or winding -up
of the Lessee, or if a receiver, interim receiver, trustee or liquidator of all or any part
of the property of the Lessee is appointed or applied for by the Lessee, or if a
judgment, decree or order is entered by a court of competent jurisdiction adjudging
the Lessee a bankrupt or insolvent or subject to the provisions of the Winding -up and
Restructuring Act or Bankruptcy and Insolvency Act or determining the proceedings for
reorganization, arrangement, adjustment, composition, liquidation, dissolution or
winding -up or any similar relief under the Bankruptcy and Insolvency Act or the
Companies' Creditors Arrangement Act or any law of Canada or any province thereof
relating to bankruptcy or insolvency has been properly instituted, then, subject to
Section 23.1, this Lease will, at the option of the Lessor, immediately become
terminated.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
32 of 51
ARTICLE 18
DEFAULT BY LESSEE
18.1 Re-entry on Certain Defaults by Lessee
The Lessee, the Lessor and the Commission agree that, subject to the provisions of
sections 18.2 and 23.1, if and whenever:
(a) Basic Rent or any part thereof is not paid on the day appointed for payment
thereof; or
(b) the Lessee defaults in payment of Additional Rent or any other sums required
to be paid to the Lessor or the Commission by any provision of this Lease, and
such default continues for thirty (30) days following any specific due date on
which the Lessee is to make such payment or, in the absence of such specific
due date, for thirty (30) days following notice by the Lessor or the Commission
requiring the Lessee to pay the same; or
(c) the Building is abandoned or remains vacant for more than thirty (30) days; or
(d) the Lessee defaults in performing or observing any of its other covenants or
obligations under this Lease, or any contingency occurs which by the terms of
this Lease constitutes a breach hereof or confers upon the Lessor the right to
re-enter or forfeit or terminate this Lease, and the Lessor has given to the
Lessee notice of such default or the happening of such contingency, and if at
the expiration of forty-five (45) days after the giving of such notice the default
or contingency continues to exist, or in the case of a default or contingency
which cannot with due diligence be cured within the period of forty-five (45)
days aforesaid, if the Lessee does not commence the rectification of such
default or contingency within the said forty-five (45) day notice period and
thereafter promptly and diligently and continuously proceed with such
rectification; or
(e) this Lease expires or is forfeited or terminated pursuant to any other provision
contained herein, including, without restricting the generality of the foregoing,
the termination of this Lease pursuant to the provisions of sections 4.3 or 10.5,
then and in every such case, it will be lawful for the Lessor at any time thereafter
without notice or demand, with or without process of law and by forced entry if
necessary, to enter into and upon the Lands and the Building, or part thereof in the
name of the whole, and, if this Lease has not already expired or been forfeited or
terminated, to terminate this Lease by leaving upon the Lands notice in writing of
such termination. If the Lessor terminates this Lease pursuant to this section 18.1, or
otherwise as a result of default of the Lessee, or if the Lessee has forfeited this Lease,
the Lessee will be liable to the Lessor for the rents and all other amounts to be paid
and the covenants to be performed by the Lessee up to the date of such termination
or forfeiture.
18.2 Notice to and Remedies of Mortgagee
The following provisions will apply with respect to any Mortgagee:
(a) no re-entry, termination or forfeiture of this Lease by the Lessor will be valid
against the Mortgagee who has filed with the Lessor a notice of Mortgage and
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
33 of 51
specified an address for notice in accordance with Article 25, unless the Lessor
has first given to the Mortgagee written notice of the default or contingency
entitling the Lessor to re-enter, terminate or forfeit this Lease, specifying the
nature of that default or contingency, and stating the Lessor's intention to take
such proceedings and requiring the Mortgagee:
(i) to cure the default or contingency specified in the notice within a
period of sixty (60) days from the date of receipt of that notice by the
Mortgagee; or
(ii) if the default or contingency is other than the failure to pay Basic Rent
or Additional Rent or any other sums required to be paid to the Lessor
by any provision of this Lease, and if the default or contingency cannot
reasonably be cured within such sixty (60) day period, then to
immediately commence to cure the same and to diligently prosecute to
conclusion all acts necessary to cure the default or contingency,
and the Lessor hereby grants the Mortgagee access to the Lands and the
Building for that purpose. If the default or contingency is cured within the
period specified, or in the circumstances referred to in 18.2(a)(ii), if cured
within a reasonable period, the Mortgagee will be entitled to continue as
tenant for the balance of the Term remaining at the date of the notice of
default or contingency providing that the Mortgagee attorns as tenant to the
Lessor and undertakes to be bound by and to perform and observe all of the
Lessee's obligations, covenants and agreements under this Lease until such
Mortgagee as tenant assigns its leasehold estate as permitted by this Lease and
delivers to the Lesson an agreement from the assignee which is enforceable and
binding on the assignee and its heirs, executors, successors, administrators and
assigns as of the date of the assignment and by which the assignee agrees with
the Lessor to attorn as tenant to the Lessor and to be bound by and to perform
and observe all of the Lessee's obligations, covenants and agreements under
this Lease. If the Mortgagee consists of more than one mortgagee, each having
a separate charge upon the Lessee's interest in this Lease, and more than one
of them wishes to cure the default or contingency specified in the notice
aforesaid, then the Lessor hereby agrees to permit curing of the default or
contingency specified as aforesaid by that Mortgagee that is willing to cure the
default or contingency and attorn as tenant as aforesaid and whose charge
ranks in priority over the charge or charges held by the other Mortgagee or
Mortgagees willing to cure and attorn as aforesaid, except that in the event
that any Mortgagee has commenced a foreclosure action, the provisions of
section 18.2(b) will apply;
(b) in the event the Mortgagee commences foreclosure proceedings against the
Lessee, whether or not the Lessee is in default of the performance of its
covenants and agreements with the Lessor under this Lease at the time such
foreclosure proceedings are commenced, the Lessor will not re-enter,
terminate or forfeit this Lease after the commencement of foreclosure
proceedings on the ground of any default or contingency entitling the Lessor to
re-enter, terminate or forfeit this Lease if the Mortgagee:
(i) has given to the Lessor notice of the foreclosure proceedings;
(ii) is actively prosecuting the foreclosure proceedings;
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
34 of 51
(iii) except for the bankruptcy or insolvency of the Lessee, which will be
governed by section 18.2(c), cures the default or contingency within a
period of sixty (60) days from the date of receipt of notice from the
Lessor specifying the nature of the default or contingency, or if the
default or contingency is other than the failure to pay Basic Rent or
Additional Rent or any other sums required to be paid to the Lessor by
any provision of this Lease and if such default or contingency cannot
reasonably be cured within such sixty (60) day period, immediately
commences to cure the same and to diligently prosecute to conclusion
all acts necessary to cure the default or contingency; and
(iv) performs and observes all of the Lessee's covenants and agreements
under this Lease, except for any obligation to cure the bankruptcy or
insolvency of the Lessee and except for the obligations of the Lessee
which the Mortgagee is exempt from pursuant to the terms of this
Lease, and without undue delay diligently prosecutes to a conclusion
the foreclosure proceedings commenced by the Mortgagee;
provided, however, that if the Mortgagee is an Approved Lender, the
Corporation or the Commission, the curing of the default or contingency may
be delayed until the earlier of the date of the assignment of this Lease to a
third party or an Approved Lender, the Corporation or the Commission
acquiring the Lessee's interest in this Lease. In the event that the Mortgagee
acquires the Lessees interest in the Lands and Building pursuant to the
foreclosure proceedings, the Mortgagee will thereupon become subrogated to
the rights of the Lessee under this Lease, provided it attorns to the Lessor as
tenant and undertakes to be bound by and perform the covenants and
agreements of this Lease until such Mortgagee as Lessee assigns its leasehold
estate as permitted by this Lease and delivers to the Lessor an agreement from
the assignee which -is enforceable and binding on the assignee and its heirs,
executors, successors, administrators and assigns as of the date of the
assignment and by which the assignee agrees with the Lessor to attorn as
tenant to the Lessor and to be bound by and to perform the covenants and
agreements of this Lease. If the Mortgagee consists of more than one
mortgagee and more than one of them commences foreclosure proceedings,
the right to cure any default or contingency granted by this section 18.2(b) to a
foreclosing Mortgagee will be deemed granted to them in the order of priority
of the charges held by the foreclosing mortgagees;
(c) if this Lease is subject to termination or forfeiture pursuant to Article 17 by
reason of the bankruptcy or insolvency of the Lessee and the Mortgagee has
filed with the Lessor a notice of Mortgage in favour of the Mortgagee and
specified an address; for notice in accordance with Article 25, the Lessor will
give to the Mortgagee notice of the bankruptcy or insolvency of the Lessee
entitling the Lessor to terminate or forfeit this Lease and stating the Lessor's
intention to take such proceedings and requiring the Mortgagee to cure the
Lessee default under this Lease (except for the bankruptcy or insolvency of the
Lessee), and the Lessee's default will be deemed to have been sufficiently
cured if the Mortgagee will:
(i) take possession and control of the Lands and Building, or cause a
receiver to be appointed under the terms of the Mortgagee's charge or
by a court of competent jurisdiction, which receiver will take possession
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
35 of 51
and control of the Lands and Building, and the Lessor hereby grants the
Mortgagee or such receiver access to the Lands and Building for that
purpose;
(ii) cure every default under this Lease (except for the bankruptcy or
insolvency of the Lessee) within a period of sixty (60) days from the
date of receipt by the Mortgagee of the notice from the Lessor of the
bankruptcy or insolvency of the Lessee, or if such default or defaults
are other than the failure to pay Basic Rent or Additional Rent or any
other sums required to be paid to the Lessor by any provision of this
Lease and if such default or defaults cannot reasonably be cured within
such sixty (60) day period, immediately commence to cure the same
and to diligently prosecute to conclusion all acts necessary to cure such
default or defaults; provided, however, that if the Mortgagee is an
Approved Lender, the Commission or the Corporation, the curing of the
default or contingency may be delayed until the earlier of the date of
the assignment of this Lease to a third party or an Approved Lender, the
Commission or the Corporation acquiring the Lessee's interest in this
Lease; and
(iii) subject to the right of an Approved Lender, the Commission or the
Corporation to delay the curing of the default or contingency as set out
in section 18.2(c)(ii), attorn as tenant to the Lessor and undertake to
observe, be bound by and perform the obligations, covenants and
agreements of the Lessee under this Lease until such Mortgagee, as
tenant, assigns its leasehold estate as permitted under this Lease and
delivers to the Lessor an agreement from the assignee which is
enforceable and binding on the assignee and its heirs, executors,
successors, administrators and assigns as of the date of the assignment
and by which the assignee agrees with the Lessor to attorn as tenant to
the Lessor and to observe, be bound by and perform the obligations,
covenants and agreements of the Lessee under this Lease.
If the Mortgagee consists of more than one mortgagee, the right to take
possession and control, to cure any default and to assume the Lease as
aforesaid will be deemed granted to them in the order of the priority of their
respective charges;
(d) any re-entry, termination or forfeiture of this Lease made in accordance with
the provisions of this Lease as against the Lessee will be valid and effectual
against the Lessee even though made subject to the rights of any Mortgagee to
cure any default of the Lessee and to continue as tenant under this Lease; and
(e) no entry upon the Lands or into the Building by the Mortgagee for the purpose
of curing any default of the Lessee will release or impair the continuing
obligations of the Lessee.
18.3 Remedies of Lessor and the Commission are Cumulative
The remedies of the Lessor and the Commission specified in this Lease are cumulative
and are in addition to any remedies that the Lessor and the Commission may have at
Law or equity. No remedy will be deemed to be exclusive, and the Lessor and the
Commission may from time to time have recourse to one or more or all of the
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J HF.3368340.7
36of51
available remedies specified herein, or at law or equity. In addition to any other
remedies provided in this Lease, the Lessor and the Commission will be entitled to
restrain by injunction any violation or attempted or threatened violation by the Lessee
of any of the covenants or w3reements contained herein.
18.4 Waiver by Lessor and Commission
The failure of the Lessor or the Commission to insist upon the strict performance of
any covenant or agreement contained in this Lease will not waive such covenant or
agreement, and the waiver by the Lessor or the Commission of any breach of any
covenant or agreement of the Lessee under this Lease will not constitute a waiver of
such covenant or agreement in respect of any other breach. The receipt and
acceptance by the Lessor of rent or other monies due hereunder with knowledge of
any breach of any covenant or agreement by the Lessee will not constitute a waiver of
such breach. No waiver by the Lessor or the Commission will be effective unless made
in writing.
ARTICLE 19
ARBITRATION
19.1 Arbitration
If a disagreement arises pursuant to sections 4.3, 4.6, or 6.1, the same will be settled
by arbitration. The arbitration will be conducted by a single arbitrator chosen by the
Commission which arbitrator will be at arm's length from the Commission. The costs
and expenses of the reference and award will be dealt with as follows:
(a) each party will bear -its own expense of preparing and presenting its case to the
arbitrator, irrespective of whether any such expense was incurred or
contracted for prior to the election for arbitration, including the expenses of
appraisals, witnesses and legal representation; and
(b) the fees of the arbitrator will be shared by the parties equally.
The Commercial Arbitration Act (British Columbia) will apply with respect to the
arbitration. If an Approved Lender or the Corporation holds a Mortgage of the Lessee's
leasehold interest in the Lands and Building, any notice of a dispute given under this
section by one of the parties to the others will be given at the same time to such
Mortgagee, if it has specified an address for notice, and such Mortgagee so notified
will be given a reasonable opportunity by the parties to participate in the arbitration
proceedings if it considers such proceedings may affect the Mortgage security.
ARTICLE 20
SURRENDER OF LEASE
20.1 Surrender of Lease
At the termination or expiration of the Term, whether by forfeiture, default or lapse
of time, the Lessee will surrender the Lands and Building to the Lessor in the condition
in which they were required to be kept by the Lessee pursuant to the provisions of this
Lease, including, without restricting the generality of the foregoing, the provisions of
sections 10.5(c) and 10.6(b), except as herein otherwise expressly provided.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
37 of 51
ARTICLE 21
QUIET ENJOYMENT, OWNERSHIP OF TENANTS' FIXTURES AND OWNERSHIP OF BUILDING
21.1 Covenant for Quiet Enjoyment
Subject always to the Lessor's and the Commission's rights herein, and subject always
to the Permitted Encumbrances as extended or modified from time to time, if the
Lessee pays the rent hereby reserved and all other amounts payable hereunder, and
observes and performs all of the obligations, covenants and agreements of the Lessee
herein contained, the Lessee may peaceably enjoy and possess the Lands for the
Term, without any interruption or disturbance whatsoever from the Lessor or any
other person, firm or corporation lawfully claiming through, from or under the Lessor,
provided however that the enforcement by the Lessor, in its capacity as a
municipality, of laws, bylaws and orders that touch and concern the Lands and
Building will not be a breach of the Lessor's covenant set forth in this section 21.1.
21.2 Ownership of Tenant's Fixtures
The Lessee may confer upon tenants or occupants of the Building the right of property
in, or the right to remove, fixtures or improvements which are of the nature of usual
tenants' fixtures and normally removable by tenants, and which are not part of the
Building or the Lands. The Lessee will make good, or will cause such tenants to make
good, any damage to the Building caused by any removal of the tenants' fixtures.
21.3 Ownership of Building
The Building will become the absolute property of the Lessor, free and clear of all
Liens, charges, encumbrances, equities or claims of any kind or nature whatsoever,
save and except for the Permitted Encumbrances, upon the expiration or earlier
termination of the Term or any permitted period of overholding, except as provided in
Article 10, but will be deemed, as between the Lessor and the Lessee during the
Term, to be the separate property of the Lessee and not of the Lessor but subject to
and governed by all the provisions of this Lease, provided always that the Lessor's
absolute right of property in the Building, which will arise at the expiration or earlier
termination of the Term or any permitted period of overholding, will take priority over
any other interest in the Building that may now or hereafter be created by the Lessee
without the prior written consent of the Lessor, and provided that all dealings by the
Lessee with the Building which in any way affect title thereto will be made expressly
subject to this right of the Lessor and the Lessee will not assign, encumber or
otherwise deal with the Building separately from any permitted dealing with the
leasehold interest under this Lease, to the intent that no person will hold or enjoy any
interest in this Lease acquired from the Lessee who does not at the same time hold a
like interest in the Building.
ARTICLE 22
OVERHOLDING
22.1 Overholding
The Lessee covenants and agrees with the Lessor that if the Lessee will hold over and
the Lessor will accept rent after the expiration of the Term, the new tenancy thereby
created will be a tenancy from month to month and not a tenancy from year to year
and will be subject to the covenants and conditions herein contained so far as the
same are applicable to a tenancy from month to month, provided however that the
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
38 of 51
monthly Basic Rent payable by the Lessee will be the then market rental value of the
Lands and the Building as determined from time to time in the bona fide opinion of
the Lessor's Property/Risk Manager or his or her successor in function, and such
monthly Basic Rent will be, paid in advance. The Lessee will also pay monthly as
Additional Rent one -twelfth of the then current sum described in section 3.1 or 3.2
hereof, as the case may be.
ARTICLE 23
ADDITIONAL RIGHTS OF THE COMMISSION
23.1 Notice to Commission
Unless either:
(a) otherwise agreed in writing by the Commission; or
(b) the failure of the Lessor to act in the circumstances would result in an
emergency situation, or the default of the Lessee has resulted in an emergency
situation;
the Lessor may not exercise any of its rights which arise as a result of a default by the
Lessee under this Lease until ninety (90) days (the "Notice Period") after receipt by
the Commission of written notice describing the Lessee's default. If at the expiration
of the Notice Period the Commission has not cured such default, then the Lessor will
be at liberty to proceed to exercise any of the powers given to it under this Lease.
23.2 Rights of Commission Not Limited
The Lessee and the Lessor agree that the rights given to the Commission pursuant to
Article 23 are not to be construed in any manner whatsoever so as to limit or
otherwise prejudice the rights of the Commission as against the Lessee under any
Operator Agreement or any other agreement between the Commission and the Lessee
or the Commission and the Lessor.
23.3 Commission May Perform Obligations of Lessee
Where the Commission chooses to perform an obligation of the Lessee under this Lease
in order to avoid forfeiture, the Lessor will accept that performance as if the same
had been performed by the Lessee.
ARTICLE 24
ENVIRONMENTAL MATTERS
24.1 Definitions
For the purposes of this Article 24:
(a) "Contaminants" mean any pollutants, contaminants, deleterious substances,
underground or aboveground tanks, asbestos materials, urea formaldehyde,
dangerous substances or goods, hazardous, corrosive or toxic substances,
special waste or waste of any kind or any other substance which is now or
hereafter prohibited, controlled or subject to Environmental Laws; and
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
39 of 51
(b) "Environmental Laws" means any statutes, laws, regulations, orders, bylaws,
standards, guidelines, permits and other lawful requirements of any
governmental authority having jurisdiction over the Lands or Building, now or
hereafter in force and relating in any way to the environment, health,
occupational health and safety, product liability or transportation of dangerous
goods, and includes the principles of common law and equity.
24.2 Lessee's Covenants and Indemnity
The Lessee covenants and agrees as follows:
(a) not to use or permit to be used all or any part of the Lands or Building for the
sale, storage, manufacture, disposal, handling, treatment, use or any other
dealing with Contaminants, without the prior written consent of the Lessor,
which consent may be arbitrarily or unreasonably withheld;
(b) to strictly comply, and cause all persons for whom it is at law responsible to
comply, with all Environmental Laws regarding the use and occupancy of the
Lands and Building;
(c) to promptly provide to the Lessor a copy of any environmental site
investigation, assessment, audit or report relating to the Lands or Building and
conducted by or for the Lessee at any time before, during or after the Term, or
any renewal or extension thereof. The Lessee hereby waives the requirement
for the Lessor to provide a site profile for the Lands pursuant to the
Environmental Management Act (British Columbia), any regulations enacted
pursuant thereto, or any similar or successor legislation;
(d) to promptly provide to the Lessor on request such written authorizations as the
Lessor may require from time to time to make inquiries of any governmental
authorities regarding the Lessee's compliance with Environmental Laws;
(e) to promptly notify the Lessor in writing of the existence or release of any
Contaminant on, in or under the Lands or Building or of any other occurrence or
condition at the Lands or any adjacent property that could contaminate the
Lands or the Building or result in the non-compliance of the Lands or Building
with Environmental Laws, or subject the Lessor or Lessee to any fines,
penalties, orders, investigations or proceedings under Environmental Laws;
(f) on the expiry or earlier termination of this Lease, or at any time if requested
by the Lessor or required pursuant to Environmental Laws, to remove from the
Lands and Building all Contaminants, and to remediate any contamination of
the Lands or any adjacent or other affected property resulting from
Contaminants, in either case brought onto, used at, created upon or released
from the Lands by the Lessee or any person for whom the Lessee is at law
responsible. The Lessee will perform these obligations promptly at its own cost
and in accordance with Environmental Laws. All such Contaminants will remain
the property of the Lessee, notwithstanding any rule of law or other provision
of this Lease to the contrary and notwithstanding their degree of affixation to
the Lands or Building; and
(g) without limiting the generality of Article 14, to indemnify the Lessor, the
Commission, PRHC and their respective Personnel and contractors from any and
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
40 of 51
all Losses (including the cost of remediation of the Lands and Building and any
other affected property) arising from or in connection with:
(i) any breach of or non-compliance with the provisions of this Article 24 by
the Lessee; or
(ii) the release or alleged release of any Contaminants at or from the Lands
related to or as a result of the use and occupation of the Lands and
Building by, or any act or omission of, the Lessee or any person for
whom the Lessee is responsible at law.
The obligations of the Lessee under this Article 24 will survive the expiry or earlier
termination of this Lease, and the obligations of the Lessee under this Article 24 are in
addition to, and will not limit, the other obligations of the Lessee under this Lease.
ARTICLE 25
NOTICES
25.1 Notices
All notices, demands and request which may or are required to be given pursuant to
this Lease will be in writing and will be sufficiently given if served personally upon the
party for which it is intended, or mailed prepaid and double registered:
(a) in the case of the Lessee, addressed to the Lessee at the postal address shown
on the General Instrument;
(b) in the case of the Lessor, addressed to:
District of Maple Ridge
11995 Haney Place
Maple Ridge, BC V2X: 6A9
Attention: Property/Risk Manager
(c) in the case of the Commission or PRHC, addressed to:
British Columbia Housing Management Commission
Suite 1701 - 4555 Kingsway
Burnaby BC V5H 4V8
Attention: Manager Real Estate Services
or at such other addresses as each of the parties may from time to time advise by
notice in writing. Mortgagees will supply their respective mailing addresses to the
Lessor and the Lessee. The date of receipt of any such notice, demand or request will
be deemed to be the date of delivery if such notice, demand or request is served
personally or if mailed as aforesaid on the fifth business day next following the date of
such mailing; provided, however, that if mailed, should there be between the time of
mailing and the actual receipt of the notice a mail strike, slow down of postal service
or other labour dispute which affects the delivery of such notice, then such notice will
be deemed to be received when actually delivered.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742, J H F.3368340.7
41 of 51
ARTICLE 26
MISCELLANEOUS
26.1 Statements by Lessor
The Lessor and the Lessee agree that at any time and from time to time, upon not less
than thirty (30) days prior request by the other party, each will execute, acknowledge
and deliver to the other a statement in writing certifying:
(a) that this Lease is unmodified and in full force and effect, or if there have been
modifications, the nature of such modifications and that the same are in full
force and effect as modified;
(b) the dates to which the rent and any other amounts payable under this Lease
have been paid; and
(c) that to the best of the information and belief of the maker of the statements,
the Lessor and the Lessee are not in default under any provision of this Lease,
or, if in default, the particulars thereof.
26.2 Easement
During the Term:
(a) the Lessor will not amend or discharge the easement registered against the
Lands under no. ; and
(b) the Lessee will fulfill the obligations of and will enjoy the benefits conferred
upon the Grantee contained in the easement.
26.3 Representations and Warranties of the Lessee
The Lessee represents and warrants that it is wholly owned by the Provincial
Government and that, subject to Section 6.1 and the payment of market rent, it will
operate the Lands and the Building on a not -for -profit basis.
26.4 Time of Essence
Time will be of the essence of this Lease, save as otherwise specified herein.
26.5 Formality of Modifications
This Lease may not be modified or amended except by an instrument in writing
executed by the Lessor and the Commission or their successors or assigns, and by the
Lessee or its successors or permitted assigns.
26.6 Captions and Headings
The captions and headings throughout this Lease are for convenience and reference
only and the words and phrases contained therein will in no way be held or deemed to
define, limit, describe explain, modify, amplify or add to the interpretation,
construction or meaning of any provision of or the scope or intent of this Lease nor in
any way affect this Lease.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
42 of 51
26.7 Enurement
It is further agreed and declared by the Lessor and the Lessee that this Lease will
extend to, be binding upon and enure to the benefit of the Lessor, the Commission,
PRHC and the Lessee, the successors and assigns of the Lessor, the Commission and
PRHC, and the successors and permitted assigns of the Lessee.
26.8 Covenants or Conditions
All of the provisions of this Lease will be deemed and construed to be conditions as
well as covenants, as though the words specifically expressing or importing covenants
or conditions were used in each separate provision hereof.
26.9 References
The words "herein", "hereby", "hereunder" and words of similar import refer to this
Lease as a whole and not to any particular Article, section or subsection in this Lease.
26.10 Execution
By signing the General Instrument, the parties have agreed to be bound by their
respective obligations contained in this Lease.
ARTICLE 27
RENEWALS
27.1 Renewals
The Lessee and the Lessor may, by mutual agreement, renew this Lease for two (2)
further terms of ten (10) years.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7
43 of 51
SCHEDULE"A"
Memorandum of Understanding
Memorandum of Understanding
between
BC Housing Management Commission (BC Housing) and
the District of Maple Ridge (the Municipality)
regarding the development of a municipally -owned site for supportive housing
1. Introduction
This Memorandum of Understanding (MOU) sets out the proposed partnership between
BC Housing and the District of Maple Ridge for the design, approvals, and
preconstruction work required on land owned by the Municipality, with the intent that
construction of supportive housing will proceed in 2009 subject to Council's
completion of the appropriate rezoning and public hearing processes.
The District is the owner of the Site and also responsible for regulating development in
the District, including development of the Building. The District's ownership and
regulatory rotes are separate and independent. The development of the site will be
subject to the appropriate regulatory procedures before being approved for
construction, which may or may not result in the required approvals being put in
place. It is understood Council cannot be fettered with respect to its regulatory
obligations pertaining to the need for rezoning, the need for a development permit,
etc.
This MOU forms the basis of understanding related to the partnership between BC
Housing and the Municipality in developing supportive housing on municipal owned
land. The Municipality will. provide a serviced site. The municipally owned site
subject to this MOU is located at the north east comer of 2221d Street and Brown
Avenue, Lot 1 Ptan LMP 12218 with an approximate area of 1700 square metres.
The supportive housing developed under this MOU wilt accommodate the homeless and
those at risk of homelessness.
2. Policy Context
In September 2004 the Premier's Task Force on Homelessness, Mental Illness and
Addictions was created "to develop innovative strategies to help people with
addictions and mental illness move from temporary shelters to long-term, stable
housing where their needs can be better met".
In October 2006, the Province of BC announced its comprehensive housing strategy,
Housing Matters BC, which has as two of its six priorities that:
• "the homeless have access to stable housing with integrated support
services, and
• BC's most vulnerable citizens receive priority for assistance".
3. Housing Priorities
There are an estimated 90 homeless individuals living on the street or in shelters on
any given night in the District of Maple Ridge. Many of the homeless and those at risk
of homelessness suffer from mental illness and/or substance abuse issues, and need
safe, secure and affordable housing plus support services within a continuum of
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J HE 3368340.7
44 of 51
%
z
assistance including emergency shelter, treatment, transition housing and finally
supportive housing which is what this proposal is intended to provide. The building to
be developed on the site wilt be social and supportive housing that wilt accommodate
the homeless and those at risk of homelessness.
4. Building Program
The total number of units in the supportive housing project noted below is
approximate and is likely to change through the design development process. The
building wilt generally consist of a unit mix consistent with the requirements of the
non-profit service providers, complete with a kitchen and bathroom. The building will
be approximately 30+/- units. It will include amenity spaces and administration
offices. Residential and/or non-residential uses (commercial, retail and social services)
may occupy the ground floors.
The building will provide a range of environments to accommodate the continuum of
need including alcohol and drug free. For the building, one third to one half of the
units will be occupied by tenants (the Supported Tenants) connected to and referred
by non-profit providers of social and health services to the mentally At and/or
addicted.
5. Sustainability
The Province is committed to achieving higher environmental standards, and BC
Housing intends that all the apartment buildings be designed to be Green House Gas
neutral and to achieve LEED(E) Gold certification or equivalent, as BC Housing may
determine. BC Housing's commitment to minimize Green House Gas emissions and to
achieve LEEDO Gold certification or equivalent is their initiative and is not a
requirement of the Municipality as regulator of development. The Municipality wilt
work with BC Housing and the consultant teams to optimize the supportive housing's
sustainabitity as BC Housing may consider financially justifiable.
6. Commercial, including Non -Accessory Parking, and Retail Uses
Commercial and/or retail uses may be required on the ground floor of the supportive
housing project. if so required by the Municipality, the Municipality as owner of the
Site will pay the cost of building the commercial and/or retail space including a
proportionate share of the base building cost and the cost of the parking required for
the commercial and/or retail space. (The commercial and retail space will be sub-
leased to the Municipality for the term of the lease for a nominal prepaid rent, and
the Municipality wilt operate the commercial and retail space as a financial
investment.) The Municipality will pay its portion of any shared expenses for
operating the Projects that include commercial and/or retail space, but otherwise the
residential and unrelated non-residential uses and spaces will be operated
independently.
The Municipality will assign a project manager to work with the development team for
the projects that include commercial space on the design and specifications for the
space. The Municipality's approval, of the design and specifications for the
commercial space in a supportive housing project wilt be required prior to
commencement of construction.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
45 of 51
7. Parking
The parking standard will be applied for the supportive housing at the rate of .35 per
unit. Parking for any other uses included in the supportive housing projects wilt be in
addition to the requirement for the housing component. If parking requirements of
the Zoning By-law cannot be met, variances wilt be necessary. Shared public and
accessory parking may be considered to serve both the needs of the supportive housing
and public parking requirements.
8. Eligible Tenants
Only singles in core -need (having to pay more than 30% of. their gross household
income to rent a studio.unit in the private market) wilt be eligible to move into the
Building. Priority wilt be given to low-income singles living in Maple Ridge who are
homeless, at risk of homelessness, or living in a shelter. The target clientele will range
from those requiring transitional housing to tenants requiring a long-term affordable
housing solution which also provides a minimal level of on -site support services. The
broad target population includes people v4th stabilized mental and physical
disabilities, people at risk of homelessness and those whose have had past addiction
issues but are stabilized. Tenants wilt be required to sign a program agreement which
wilt outline expectations regarding their adherence to program requirements.
9. Rents
Tenants on income assistance will pay a rent equal to the shelter allowance of income
assistance. All other tenants wilt pay 30% of their gross household, income for rent or
the market rent of the unit whichever is less.
10. Building Operation
The supportive housing will be operated by a non-profit housing society (the Society)
who will manage the building and the tenants (selection, tenant agreements, rent
collection, eviction, etc:). One or more non-profit providers of social or health
services (the Service Provider) will be selected to support tenants who are living with
a mental illness, substance abuse, other illness or disability or any other problem that
puts them at risk of homelessness. Only persons referred by and supported by the
Service Provider will be eligible to move into a Supported Unit. The Society and the
Service Provider for a building may or may not be the same non-profit organization.
11. Operations Management Plan
Once a Sponsor and Service Provider(s) have been selected for a Building, they will
develop a building and management program for review by the District as regulator of
development and by the surrounding community that may be impacted by the
development. An Operations Management Plan (OMP) will be required as a condition
of Development Permit approval. A separate OMP may be required for any lessee
located in a Building.
Any OMP that may be required will be designed for the specific program and
neighbourhood context, with the following content:
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
46 of 51
• a Community Advisory Committee with representation from the nearby
residents, businesses and institutions as well as representatives from the
Sponsor and Service Providers, the funders of the Building and Service
Providers, the local Police Department, and the District as owner, with a
mandate to monitor the operations of the Building, identify and discuss issues,
and make recommendations to the Sponsor and the Building funders;
a dispute resolution process to resolve issues between neighbours, funders
and sponsors that will include, as a final step in the appeal process, a show
cause hearing to determine if the Sponsor's business license should be
terminated;
• a 24 hour, 7 day a week, contact number for the Sponsor which neighbours
and others can access if they wish to report concerns regarding the Building or
activities in the neighbourhood; and
• a description of the building program, staffing model, the tenant profile and
the Service Providers accessing the Supported Units in the Building. In the case
of social service centres, the description of the program wilt include the hours
of operation, the schedule of services and programs, and the profile of the
clients of each service and program.
Where an OMP is required, it will be a condition of the Development Permit that the
OMP be finalized and approved by the District as regulator prior to issuance of an
occupancy permit.
12. Selection of Non -Profit Housing Societies
Allouette Home Start Housing Society has been selected to develop and operate on the
municipal site, The society will take on the role of developers of the supportive
housing including providing direction on building designs and programs, as well as
assuming responsibility for the selection of qualified professional management of the
development team, including development consultant, architects and contractor. The
contractor will provide management services through the design development.process,
including costing advice and recommendations regarding construction efficiencies
('value engineering'), and will assist inensuring that construction of the building can
commence as soon as possible. BC Housing reserves the right to choose a general
contractor from their pre -qualification list.
13. Sponsor and Service Provider Co-ordination .
BC Housing is developing a collaborative process and structure which will involve all
providers of supportive housing in the Province in the development and co-ordination
of client centred and community based supportive housing and associated services.
The intent is to ensure the effective use of resources; a collective approach to wait
lists, tenant selection and ease management; the sharing of information, research,
education and training; and increasing sector capacity to address common issues and
concerns.
The Society and its Service Providers selected for the buildings will work
collaboratively with BC Hoeing to develop and define the building and operational
programs for the supportive housing with the intent to develop a co-ordinated and
collaborative response to the needs of the homeless and those at risk of homelessness
that the supportive housing will serve.
District of Maple Ridge/ PRHC Lease -September 3, 2009
1867 9.10 5742. J H F.3368340.7
47 of 51
14.Operational Staffing
Funding will be provided to the Society for qualified professional staffing to achieve 24
hours a day and 7 days a week coverage for the supportive housing. These positions
will be employees of the Sponsor and they wilt manage the building and the residents
in their capacity as tenants and not as clients of services. Their role wilt include
connecting the tenants to services but they wilt not provide services to the tenants
themselves.
15.Support Services
Most of the services the tenants need, including the Supported Tenants, will be
provided -by community based non-profit service providers, including the Service
Providers. These services.will include education, training, job placement and other
social services. The tenants will access these services either by going to the locations
where the services are delivered or through outreach to the tenants in their homes.
The services provided on site will support the tenants to maximize their independence
and their social integration, and may include assistance with basic life skills
(budgeting, banking and housekeeping); help with personal crises; medication
management; assistance with appointments; links to social, vocational and health
services; training and education ptanning;.and community participation.
16. Design and Program Development Funding
BC Housing will provide funding for the pre-devetopment costs to design the building
through, to issuance of the Development Permits and Building Permits for the building.
These costs include the fees for the architects and their sub-consuttants, permit fees
(including development cost charges, rezoning fees, building permit fees, and other
applicable fees), legal costs, survey and building related engineering costs, quantity
surveying, etc.
17. Funding for Construction, Operations and Services
The BC Housing and the Municipality assume that the Province and its other partners
(the Federal Government, corporate and private donors, non-profit housing and
service providers) will provide funding to build the social housing in 2009 and to
operate the facility, including the non -clinical support services for the homeless and
those at risk of homelessness.
18.1-eases
The Municipality as owner of the sites will tease, for a nominal prepaid rent, the site
to the Society for 50 years with two 10 year options for renewal to be determined by
mutual agreement, subject to the required public notification being completed in
accordance with the applicable legislation. The lease wilt commence once the
Building Permit has been issued; the construction financing is in place, and the
contract to build the Building has been executed. The lease wilt require the Society to
maintain and repair the social housing; pay all utilities, insurance, fees and applicable
taxes and to use the land for the intended purpose.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742, J H F.3368340.7
48 of 51
19. Access to the Sites
Subject to the existing tenancies, the Municipality as owner of the Site will grant
licenses to BC Housing and 'to the Societies, once the Sponsors have been selected,
that will allow BC Housing and the Societies to have access to the Site in advance of
the commencement of the lease for the purpose of surveys, testing, demolition,
remediation and construction mobilization.
20. Hazardous Materials
The Municipality wilt undertake environmental assessments of any buildings on the Site
to determine if there are any hazardous materials e.g. asbestos that need to be
removed. The Municipality Mll pay the costs to remove any hazardous materials. The
environmental assessment reports will be provided to the Society and the
recommendations incorporated into the demolition contracts which will be subject to
the review and approval of the Municipality as owner of the Site.
21. Demolition
BC Housing wilt pay at( costs for the demolition on the Sites and the removal of all
debris, with the exception of any costs to remove hazardous materials which are the
Municipality's costs.
22. Soils
The Municipality as owner of the Site will be responsible for the costs of remediating
any soil contamination on the Site as required by the approving authorities for the
development of the Buildings. The Municipality will undertake the preliminary Phase I
Environmental Site Assessment ("ESA") for the Site by a qualified P party consultant,
and will work jointly with BC Housing and the Society should a Phase .11 ESA be
required. ESA reports, if applicable, will be provided to the Society and the
recommendations incorporated into the excavation contracts. The contracts for
excavation of the Site wilt be subject to the review and approval of the Municipality as
owner of the Site. BC Housing and the Society wilt work with the Municipality to
minimize the cost of remediating any soil contamination, including allowing for on -site
remediation.
23. Crane Overswing and Underpinning Agreements
The development of the supportive housing may require agreements with neighbouring
property owners to allow construction cranes to swing across property lines and allow
underpinning of shoring required for excavation. The contractors and consultants
selected will determine the extent of the overswing and shoring requirements. They
consultant team will be responsible for negotiating the agreements with the
neighbouring property owners and wilt have the required agreements in place by the
time the Building Permit is issued. BC Housing will pay all costs associated with
securing the agreements. Any legal agreements wilt require the approval of the
Municipality's solicitors.
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742. J H F.3368340.7
49 of 51
24. Development Permit Process
BC Housing, the Municipality as owner and regulator, the Society and their
development teams will work co-operatively to identify and address issues with the
intent that the Development and Building Permit applications can be expeditiously
processed. The intention is for Development and Building Permits to be approved and
issued for the Buildings so that the Buildings can be under construction in 2009. All
parties recognize that good communication, .prompt responses, and complete
documentation wilt. be essential to achieve this schedule and that the schedule is
subject to Council's regulatory rote and process. .
Once a Society has been selected, they will develop a building program for review by
the Municipality as regulator of development
25. Public Consultation
BC Housing and the Municipality will work together jointly in delivery of any and all
media releases and public information concerning development of the supportive
housing.
Upon approval of the Memorandum of Understanding and the Municipal/Province
partnership by Council, the development of the supportive housing will be processed in
accordance with the Municipality's Development and Building Permit processes.
Where required by existing municipal processes, the Society will present the
supportive housing development proposal for consideration at a Public Information
Meeting and at a Public Hearing where the public will be able to speak to development
issues or concerns that they may have.
Neighbourhood and community responses as a result of these meeting will be received
by the Municipality and forwarded, with recommendations, to the Society and BC
Housing for consideration. in refinement of the development of the supportive housing.
BC Housing's website will provide information regarding the supportive housing
(design, program, etc.), and questions and answers which will be updated throughout
the process.
District of Maple Ridge/ PRHC Lease -September 3, 2009
1867 9.10 5742. J H F.3368340.7
50 of 51
26. Execution of the MOU
Once this Memorandum of Understanding has been approved by the District of Maple
Ridge Council, it wilt be presented to BC Housing and to the Corporate Officer of the
District of Maple Ridge for signature. No legal rights or obligation shall be created or
arise until BC Housing's Executive Committee and City Council have approved this
Memorandum of Understanding and at( legal documentation required to implement this
Memorandum of Understanding and which will replace this Memorandum of
Understanding has been fully executed on terms and conditions satisfactory to the
solicitors for BC Housing and the Municipality.
For BC Housing
s
Craig Crawford
Vice President
Development Services
Date
For the District of Maple Ridge
Ceri Marto,
Corporate Officer
Date
18679.105742. J H F.3368340.7
District of Maple Ridge/ PRHC Lease -September 3, 2009
51 of 51
SCHEDULE"B"
PLAN OF BUILDING
S
§PA
A=0W
END OF DOCUMENT
District of Maple Ridge/ PRHC Lease -September 3, 2009
18679.105742.J H F.3368340.7